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HomeMy WebLinkAboutAment, Inc. - Agreement - Verdin Creek Drainage Study - 11/7/2005 l/- 7- 5 ENGINEER€NG, ARCHITECTURE, SU➢>.V'v.YIN8 , AMENT, INC. 3628 University Avenue Waterloo, IA 50701 AGREEMENT November 2, 2005 Mr, Eric Thorson, PE City Engineer City of Waterloo Engineering Department 715 Mulberry Street Waterloo, IA 50703 RE! Proposal — Update of Virden Creek Tributary Drainage Study from U.S. 63 to Virden Creek City of Waterloo, Iowa Dear Mr. Thorson: Thank you for the opportunity to submit this proposal for services. This proposal is based on our understanding of your project needs as developed from your letter dated July 25, 2005 and our phone conversations since that time. PROJECT DESCRIPTION Ament, Inc. will review the drainage study report entitled "Virden Creek Tributary Drainage Study, Waterloo, Iowa", which was prepared by Brice, Petrides & Associates, Inc. and dated April 1979. Following that review, Ament, Inc. will update the study with current land use projections, evaluate and update the proposed Improvements in the existing study, develop updated construction cost opinions for these improvements, and prepare and submit an updated drainage study report. Ament, Inc. will only update the drainage study for the section of the Virden Creek Tributary drainage basin located east of U.S. Highway 63 to Virden Creek in north central Waterloo. The study area contains approximately 250 acres with a mix of low density residential, commercial, agricultural and park land. SCOPE OF SERVICES Ament, Inc. will provide the following scope of services: 1. Perform project administration. 2. Research and collect data pertinent to the drainage study area including: a. current topographical mapping, b. current aerial photography, c. flood mapping, d. soils information, CEDAR RAPIDS, IA MOLINE, IL WATERLOO, IA 3628 UNIVERSITY AVE-WATERLOO,IOWA 50701-5622• TEL.319/233-1323- FAX:319/236-9042- WWW.AMENT.COM e. future land use mapping, f. record drawings of existing drainage structures and detention facilities. g. planned improvements including new development areas and public utilities, h. historical information regarding rainfall and drainage patterns, flooding, other problems, etc. and i. current storm water management practices of the City of Waterloo. j. HEC-2 input data from 1979 study. 3. Review the drainage study report entitled "Virden Creek Tributary Drainage Study, Waterloo, Iowa", which was prepared by Brice, Petrides &Associates, Inc. and dated April 1979. 4. Meet with City of Waterloo Engineering Department staff to discuss and review: a. proposed improvements plans for the section of the Virden Creek Tributary drainage basin located west of U.S. Highway 63, b. historical information and record drawings concerning the study area, and c. current storm water management practices of the City of Waterloo. 5. Conduct field review of study area to determine the location and extent of improvements constructed since the 1979 study. Included is a determination whether any of the improvements recommended for construction in 1979 have been constructed. 6. Perform a hydrologic and hydraulic analysis of the drainage basin using the 100-year storm event and updated future land use mapping. Included in this task is the input and calibration of the existing HEC-2 model for the drainage area studied in 1979. We will use the current version of the U.S. Army Corps of Engineers HEC-RAS computer model for the hydraulic analysis and the HEC-2model for the development of flood volumes. 7. Evaluate the proposed improvements identified in the existing study, based on the new analyses. 8. Update the proposed improvements, as necessary, based on the new analyses. 9. Develop construction cost opinions for the updated proposed improvements. 10. Prepare a document that summarizes the data collection, analyses, findings, recommendations, and cost opinions of the updated drainage study. 11. Based on the updated improvements developed in Item 8, prepare an estimate of right-of-way required to implement improvements. 12. Based on the updated improvements developed in Item 8, prepare map showing properties impacted by right-of-way acquisitions to implement improvements. 13. List property owner names, parcel number and summarize required right-of-way area. 14. Develop anticipated cost of right-of-way acquisition plats. 15. Develop anticipated cost of right-of-way acquisitions. 16. Submit the updated drainage study report to the City. DELIVERABLES Ament, Inc. will deliver twenty-five (25) copies of the updated drainage study report to the City of Waterloo Engineering Department. SCHEDULE We will begin our services after receipt of the executed Agreement, which will serve as a notice to proceed. The deliverables will be submitted within three (3) months after receipt of Notice to Proceed. COMPENSATION We will provide the above Scope of Services for a Lump Sum fee of eighteen thousand two hundred dollars and no cents ($18,200.00). This fee is based upon our Standard Hourly Rates (see attached), which will be in effect at the time the work is performed. The terms of this proposal are valid for 30 days from the date of this document. CLIENT RESPONSIBILITIES The City will provide the following: 1. The data identified under Item 2 of the Scope of Services, pertaining to research and data collection. 2. A representative(s) to meet with Ament, Inc. staff, as necessary, to assist with the development of the project deliverables. AGREEMENT We have attached our Terms and Conditions that are considered part of this proposal. Please sign and date this proposal and return three copies to us. Retain one copy for your records. We will notify you when we have received the signed documents. Thank you for considering this proposal. We look forward to working with you on this project. If you have any questions concerning this proposal, please contact us at 319-233-1323. Sincerely, AnMENT, INC.. Jim D. Ellis Project Manager Attachments: Current Hourly Rates Terms and Conditions, Ament, Inc. NOTICE TO PROCEED CITY OF WATERLOO, IOWA AMENT, INC. BY: y BY: DATE: //, 7-OS 7-O S DATE: O /12, AMENT, INC, STANDARD SCHEDULE OF HOURLY RATES Effective 09/01/05 Engineer 1 $ 66.00 Administrative 1 $ 50.00 Engineer 2 75.00 Administrative 2 60.00 Engineer 3 85.00 Administrative 3 80.00 Engineer 4 90.00 Administrative 4 100.00 Engineer 5 100.00 Clerical 1 30.00 Engineer 6 115.00 Clerical 2 37.00 Engineer 7 120.00 Clerical 3 45.00 Engineer 8 135.00 Clerical 4 55.00 Architect 1 60.00 LS-Intern 70.00 Architect 2 75.00 LS - 1 85.00 Architect 3 90.00 LS - 2 95.00 Senior Architect 115.00 LS Manager 115.00 Technician 1 40.00 Designer 1 60.00 Technician 2 50.00 Designer 2 70.00 Technician 3 60.00 Designer 3 80.00 Technician 4 70.00 Designer 4 85.00 Service Center Charges: Computer Costs $ 3.00/hr Survey 5.00/hr Communications 1.00/hr Direct Costs: Mileage 0.50/mi GPS Equipment 35.00/hr Bond Copies (per square foot) 0.37/ea Copies (per copy) 0.28/ea Postage 0.37/oz Other Direct reimbursable costs will be billed at cost plus 15% TERMS AND CONDITIONS AMENT, INC. Progress payments shall be made in proportion to services as provided and as indicated within this agreement, and shall be due and owing within 30 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at the lesser rate of 1.5% per month, or the maximum rate allowed by law. If the CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT, suspend services under this agreement. This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of this agreement by the other party through no fault of the terminating party. This agreement represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior written or oral negotiations, representations, or agreements. This agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. 1. In the event that any on-site observation of Contractors' work shall be included as a part of the work under the agreement, the CONSULTANT 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 CONSULTANT 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 CONSULTANT is not responsible for the Contractor's failure to execute the work in accordance with the construction contract. 2. The CONSULTANT shall not be responsible for defects or omissions in the work of 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 work which results in a construction contract on the basis of the services to be performed by the CONSULTANT. 3. If the PROJECT is delayed or if the CONSULTANT'S services for the PROJECT are delayed or suspended for more than three (3) months for reasons beyond the CONSULTANT'S control, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, terminate this agreement and the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributable to the termination. 4. Neither the CLIENT nor the CONSULTANT shall delegate, assign, or otherwise transfer his duties under this agreement without the written consent of the other. 5. All drawings, specifications and other work product of the CONSULTANT for this PROJECT are instruments of service for this PROJECT only and shall remain the property of the CONSULTANT whether the PROJECT is completed or not. Reuse of any of the instruments of service of the CONSULTANT by the CLIENT on extensions of this PROJECT or on any other PROJECT without the written permission of the CONSULTANT shall be at the CLIENT'S risk and the CLIENT agrees to defend and indemnify and hold harmless the CONSULTANT from all claims, damages, and expenses including attorney's fees arising out of such unauthorized reuse of the CONSULTANT'S instruments of service by the CLIENT or by others acting through the CLIENT. Any reuse or adaptation of the CONSULTANT'S instru- ments of service occurring after the written agreement of the CONSULTANT shall entitle the CONSULTANT to further compensation in amounts to be agreed upon by the CLIENT and the CONSULTANT. 6. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant, Files in electronic media format or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant at the beginning of this assignment. 7. Unless otherwise specified within this agreement, this agreement shall be governed by the laws of the State of Iowa. 8. The CLIENT and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and the CONSULTANT further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants to likewise include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between parties to those agreements. Should mediation, arbitration or litigation occur between the two parties relating to the provisions of this agreement, arbitration or litigation expenses, collection expenses, witness fees, court costs and attorney's fees incurred by the prevailing party shall be paid by the non-prevailing party to the prevailing party. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties involved in the mediation. 9. 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. 10. 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. 11. The CONSULTANT intends to render his services under this agreement in accordance with the generally accepted professional practices for the intended use of the PROJECT, and makes no warranty, either express or implied. 12. Any Opinion of the Construction Cost prepared by the CONSULTANT represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the CONSULTANT has no control over the cost of labor and material or over competitive bidding or market conditions, the CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. 13. The CLIENT agrees to limit the liability of the CONSULTANT to the CLIENT and to all construction contractors and subcontractors on the PROJECT due to the CONSULTANT'S professional negligent acts, errors, or omissions such that the total aggregate liability of the CONSULTANT to those named shall not exceed $25,000, or the CONSULTANT'S total fee for services rendered on this PROJECT, whichever is greater. In no event shall the CONSULTANT be liable for any incidental or consequential damages. 14. The CLIENT shall 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 CONSULTANT, their consultants, and each of their officers, agents and employees from any and all liability claims, losses, or damage 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, but not including liability that is due to the sole negligence of the CLIENT, the CONSULTANT, their consultants or their officers, agents and employees. 15. The CLIENT shall provide for right of entry for employees of the CONSULTANT and all of the equipment, which is necessary for the CONSULTANT to perform the work. While the CONSULTANT will take responsible precautions to minimize any damage to the property it is understood by the CLIENT that in the normal course of work, some damages may occur, the correction of which is not part of this agreement. 16. In the prosecution of the work, the CONSULTANT will take responsible precautions to avoid damage or injury to subterranean structures or utilities. The CLIENT agrees to hold the CONSULTANT harmless for any damage to subterranean structures, which are not called to the CONSULTANT'S attention and correctly shown on any plans furnished. 17. The CONSULTANT will notify the CLIENT of changes in scope of services and of adjustment in compensation by amendment to this Agreement. 18. Nothing in this agreement shall impose liability on the CONSULTANT for claims, lawsuits, expenses, or damages arising from, or in any manner related to: A. The dispersal, discharge, escape, release or saturation of smoke, vapors soot, fumes, acids, alkalis. toxic chemicals, liquids, gases or any other materials, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon, in or into surface or subsurface of(a) soil; (b)water or water courses; (c) objects; and (d) any tangible or intangible matter whether sudden or not. B. The exposure to, or the handling, manufacture or disposal of asbestos or asbestos products in any of it's various forms. 19. The CLIENT shall have ten (10) days after issue of invoice to dispute the amount owed. After ten (10) days, the invoice becomes due and payable. The CLIENT agrees to hold harmless, defend and indemnify the CONSULTANT for all such claims or lawsuits and any related expenses and damages, by whomever made. If such claim, lawsuit, expense or damage is due to the CONSULTANT'S negligent act, error or omission, the CONSULTANT agrees to reimburse the CLIENT for CLIENT'S expenditures that are in response to such claims or lawsuits in a total aggregate amount that shall be limited to $25,000, or amount of the fee, whichever is greater.