HomeMy WebLinkAboutSnyder & Associates - Engineering Svcs Amnt - Traffic Signal Modifications - 8.28.2006 ENGINEERING SERVICES AGREEMENT
This agreement made between The City of Waterloo
the CLIENT and SNYDER&ASSOCIATES, INC., Consulting Engineers, The ENGINEER, for services
concerning the following PROJECT:
Traffic Signal Modifications
SNYDER &ASSOCIATES, INC.agrees to perform the following professional services in connection with the
PROJECT;
See Attached Exhibit"A"which by this reference is made apart hereof.
The CLIENT hereby agrees to provide the ENGINEER all criteria, design and construction standards, and full
information as to the CLIENT'S requirements for the PROJECT. Other terms and conditions of this contract,
including time of performance are as follows:
See Attached Exhibit"A"
The CLIENT agrees to compensate the ENGINEER for the engineering services rendered under this agreement
on the following basis:
See Attached Exhibit"A"
Progress payments shall be made in proportion to services as rendered and as indicated within this agreement,
and shall be due and owing within 10 days of the ENGINEER'S submittal of his monthly statement. Past due
amounts owed shall accrue interest at 1.5% per month from the 30th day. If the CLIENT fails to make monthly
payments due the ENGINEER, the ENGINEER may after giving seven (7)days written notice to the CLIENT
suspend services under this agreement.
THIS AGREEMENT IS SUBJECT TO ALL THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE
OF THIS PAGE.
This agreement represents the entire and integrated agreement between the CLIENT and the ENGINEER and
supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be
amended only by written instrument signed by both the CLIENT and the ENGINEER.
FOCLIENT FOR SNY R&ASSOCIATES, INC.
TI rn H u.r- l e y Y�-,a„ ✓
CLIENT NAME
DATE DATE
ROUTE EXECUTED COPY TO: Tony Boes
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1. In the event that any on-site observation of Contractors'work shall be included as a part of these services,the ENGINEER shall endeavor to
guard the CLIENT against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee or
warrant the performance of the Contractor. The ENGINEER is not responsible for the construction means,methods,techniques,sequence or
procedures,time of performance,programs,or for any safety precautions in connection with the construction work. The ENGINEER is not
responsible for the Contractor's failure to execute the work in accordance with the construction contract,nor is the ENGINEER responsible for
defects or omissions in work performed as part of any construction contract by the Contractor,or any Subcontractors or any of the Contractor's or
Subcontractor's employees,or that of any person or entities responsible for performing such work.
2. All drawings,specifications and other work product of the PROJECT are instruments of service for this PROJECT only. All intellectual property
rights regarding drawings,specifications and other work products produced for the PROJECT by the ENGINEER shall remain the
property of the ENGINEER whether the PROJECT is completed or not. Reuse of any of the instruments of service of the ENGINEER by the
CLIENT on extensions of the PROJECT or on any other PROJECT without the written permission of the ENGINEER shall be at the CLIENT'S
risk and the CLIENT agrees to defend and indemnify and hold harmless the ENGINEER from all claims,damages and expenses including
attorney's fees arising out of such unauthorized reuse of the ENGINEER'S instruments of service by the CLIENT or by others acting through the
CLIENT. Any reuse or adaptation of the ENGINEER'S instruments of service occurring after the written agreement of the ENGINEER shall
entitle the ENGINEER to further compensation in amount to be agreed upon by the CLIENT and the ENGINEER.
3. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,walkouts,accidents,
Government acts or other events beyond the control of the other or the other's employees and agents.
4. The ENGINEER intends to render its services under this agreement in accordance with the generally accepted professional practices for the
intended use of the PROJECT,and makes no warranty,either expressed or implied.
5. Any Opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design professional and is supplied for the
general guidance of the CLIENT. Since the ENGINEER has no control over the cost of labor and material or over competitive bidding or market
conditions,the ENGINEER does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT.
6. The CLIENT will require any Contractor or Subcontractor performing work in connection with drawings and specifications produced under this
agreement to hold harmless,indemnify and defend the CLIENT and the ENGINEER their consultants,and each of their officers,agents and
employees from any and all liability claims,losses,or damages arising out of or alleged to arise from the Contractor's(or Subcontractor's)
negligence in the performance of the work described in the construction contract documents.
7. Normal and customary engineering and related services do not include services defined as Additional Services. Additional Services shall be
performed as requested in writing by the CLIENT and sha!I be billed to the CLIENT on an hourly basis at hourly fees set forth in the Standard
Fee Schedule attached hereto or as set forth in a written Scope of Services defined by the CLIENT and the ENGINEER.
8. The CLIENT agrees to limit the liability of the ENGINEER to the CLIENT and to all construction contractors and subcontractors on the PROJECT
due to the ENGINEER S professional negligent acts,errors or omissions such that the total aggregate liability of the ENGINEER to those named
shall not exceed the ENGINEER'S total fee for services on the PROJECT.
9. Any direct expenses in connection with submittal of fees to any and all regulatory agencies required by the PROJECT shall be paid for directly
by CLIENT. Any and all soils or other testing and analysis performed by an independent testing laboratory shall be billed directly to the CLIENT
for payment.
10 All services performed on an hourly basis shall be performed in accordance with the current fiscal year Snyder&Associates,Inc.Standard Fee
Schedule in affect at the time of actual performance. All services quoted on a lump sum basis shall be valid for one year from the contract date.
11. If the CLIENT fails to pay the undisputed portion of the ENGINEER'S invoices within 30 days of presentation,the ENGINEER shall cease work
on the project and the CLIENT shall waive any claim against the ENGINEER,and shall defend and hold the ENGINEER harmless from any
claims for loss resulting from cessation of service. In the event of remobilization,the CLIENT and ENGINEER shall renegotiate appropriate
terms and conditions of the AGREEMENT,such as those associated with budget,schedule or scope of service.In the event any bill or portion
thereof is disputed by the CLIENT,the CLIENT shall notify the ENGINEER within ten(10)days of receipt of the invoice in question,and the
CLIENT and ENGINEER shall work to resolve the matter within sixty(60)days of notification by the CLIENT of the dispute. If resolution is not
attained within sixty(60)days,either party may terminate this AGREEMENT,in accordance with the Termination Section of this AGREEMENT.
12. The ENGINEER or CLIENT may,after giving seven(7)days written notice to the other party,terminate this agreement and the ENGINEER shall
be paid for services provided to the termination notice date,including reimbursable expenses due,plus termination expenses. Termination
expenses are defined as reimbursable expenses directly attributed to the termination.
13. In the event of any litigation arising from or related to the services provided under this Agreement,the prevailing party will be entitled to recovery
of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses.It is further agreed that any legal
action between the Client and the Engineer arising out of this Agreement or the performance of the services shall be brought in a court of
competent jurisdiction in the State of Iowa.
14. Neither the CLIENT nor the ENGINEER shall delegate,assign,or otherwise transfer his duties under this agreement without the written consent
of the other.
15. In the event any provisions of this agreement shall be held to be invalid and unenforceable,the remaining provisions shall be valid and binding
upon the parties. One or more waivers by either party of any provision,term,condition or covenant shall not be construed by the other party as a
waiver of a subsequent breach of the same by the other party.
16. ENGINEER shall not be responsible or liable for compliance with any storm water discharge requirements at the site, if any, other than the
preparation of the Notice of Intent for Storm Water Discharge Permit No. 2 applicable to the site and creation of the initial storm water pollution
prevent plan(SWPPP)for the site. CLIENT shall be solely responsible for: a)the submittal of the Notice of Intent;b)the implementation,
administration and monitoring of the initial plan; c) making modifications to the initial plan as needed; d) filing the Notice of
Discontinuance;and,e)compliance with all NPDES and storm water discharge statutes, rules,regulations or ordinances applicable to
the site.
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EXHIBIT"A"- SCOPE OF SERVICES
TRAFFIC SIGNAL MODIFICATIONS
WATERLOO, IOWA
General
The Engineer shall prepare traffic signal modification designs and construction documents for
proposed modifications at the following intersections, as described in the City's Traffic Safety
Improvement Funding agreements with the Iowa DOT:
• Dubuque Road and Idaho/Adrian Streets (CS-TSF-8155(692)- 85-07)
• Airport Boulevard and Westbound Broadway Street(CS-TSF-8155(691)- -85-07)
• Airport Boulevard and Eastbound Broadway Street(CS-TSF-8155(693)- -85-07)
A. Preliminary Signal Design
1. The City will conduct needed topographic surveys of the intersections to develop
the necessary base mapping for the traffic signal designs. Surveys and base maps
will include existing pavement, above ground and marked utilities and other
pertinent features. Additional underground utility information will be included
from information provided by utility companies. The City will also provide the
following information, as available:
- Record drawings of existing traffic signal installations
- Applicable previously prepared improvement concepts
- Standard City contract documents, specifications and details
- Existing traffic signal timings
2. The Engineer shall prepare preliminary traffic signal modification designs and
plans for a single plan set and letting, using the base mapping and information
mentioned above, and available design standards of the City of Waterloo, the
Iowa Department of Transportation and the Manual on Uniform Traffic Control
Devices (MUTCD). The Engineer anticipates the plans would include the
following sheets: Title Sheet; Signal General Notes and Quantities sheet; Signal
Layout sheet(s); Wiring Diagram sheet(s); Signal Phasing sheet(s) and Detail
sheet(s). Any needed traffic signal coordination plans will be developed by the
City.
3. The Engineer shall prepare preliminary contract documents and technical traffic
signal special provisions making reference to appropriate standard specifications,
as required for bidding, contract award and construction of the project.
4. The Engineer shall prepare an engineer's opinion of probable construction cost for
the construction of the project.
5. The preliminary plans and contract documents shall be submitted to the City and,
upon City concurrence, to the Iowa DOT for review.
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B. Final Signal Design
Based upon City and Iowa DOT preliminary plan comments received, the Engineer shall
revise the plans and contract documents,and submit final documents to the City of
Waterloo as required for the City's project letting.
ENGINEERING FEES AND SCHEDULE
The Engineer shall perform the tasks outlined in the Scope of Services on a lump sum basis,
including expenses. The maximum fee for these services shall not exceed the following without
written approval of the City of Waterloo. Progress payment invoices submitted by the Engineer
shall be based on percent of project completed.
Intersection Engineering Fee
Dubuque Road and Idaho/Adrian Streets $11,500
Airport Boulevard and Westbound Broadway Street $12,400
Airport Boulevard and Eastbound Broadway Street 3500
Total (Lump Sum) $27,400
The Engineer shall begin work upon a Notice to Proceed, and shall complete the work according
to a mutually agreed upon schedule between the City of Waterloo and the Engineer. A February
2007 project letting is anticipated.
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