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HomeMy WebLinkAboutSnyder & Associates - Engineering Services Agmnt - Intersection Flammang/San Marnan - 8.28.2006 0?, Cj L In 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 Safety Study- Intersection of Flammang Drive and San Marnan Drive 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 a part 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. FO CLIENT R SNYDER&ASSOCIATE�Sj N� ?'tita-yOV2— CLIENT NAME DATE DATE —,- -- ROUTE EXECUTED COPY TO: Tony Boes J:\Proposal\2006\Waterloo\Flammang&San Marnan\esa safety study2.doc 2-17-05 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 ads of God,strikes,walkouts,accidents, Government acts,or other events beyond the control of the other orthe 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 shall 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 terminatethis 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. J:\Proposal\2006\Waterloo\Flammang&San Marnan\esa safety study2.doc 2-17-05 EXHIBIT"A"- SCOPE OF SERVICES TRAFFIC SAFETY STUDY INTERSECTION OF FLAMMANG DRIVE AND SAN MARNAN DRIVE IOWA DOT PROJECT NO.: TSF-0000(220)- -92-00 WATERLOO, IOWA General The Engineer shall perform an intersection traffic safety study and assist the City of Waterloo with the design and installation of an intersection video crash recording system at the Flammang Drive and San Marnan Drive intersection. Specific tasks include the following: Project Tasks A. Data Collection—Engineer shall obtain and review available data from the City, including aerial photography, intersection plans,crash reports,traffic count data and traffic signal data. Engineer shall conduct a field review of the intersection to observe traffic operations and gather additional field data such as signing and pavement markings, intersection geometry, and sight distance information. B. Video System—Engineer shall work with City staff to identify video crash recording system requirements and parameters. Engineer shall prepare a request for proposals for submittal to potential video system suppliers, and assist the City in evaluating supplier proposals. Engineer shall coordinate the installation and implementation of the video system with the City and supplier. It is anticipated that the City will perform the majority of the equipment installation. C. Crash Analysis—Engineer shall review crash reports for most recent 3-year period, and analyze for crash types, contributing factors and trends. A collision diagram for the intersection shall be prepared. The Engineer shall review crash reports and video for the video observation period, analyze data, and prepare a separate collision diagram. D. Improvement Alternatives—Based on data collected and crash analysis performed, the Engineer shall develop intersection safety improvement alternatives. Alternatives may include geometric,traffic control, access and/or ITS improvements. Alternatives shall be evaluated considering potential safety benefits, estimated construction costs, operational impacts and property/access impacts. E. Study Report—Engineer shall prepare a draft report with appropriate tables and graphics, summarizing analysis results, alternative evaluation, and recommendations. Engineer shall meet with City and Iowa DOT staffs to discuss the draft report. A final report shall be prepared and submitted, based on City and Iowa DOT draft report comments received. J:\Proposal\2006\WateAoo\Flammang&San Marnan\Ex A2.doc Page I of 2 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. Task Engineering Fee A. Data Collection $1,300 B. Video System $4,500 C. Crash Analysis 3,500 D. Improvement Alternatives 6,000 E. Study Report $3,600 Total (Lump Sum) $18,900 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. Tasks C, D and E shall be completed after the video observation period(approximately one year). The proposed completion date per the City's Traffic Safety Improvement Funding Agreement with the Iowa DOT is December 31, 2008. J:\Proposal\2006\Wateiloo\Flammang&San Marnan\Ex A2.doc Page 2 of 2