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HomeMy WebLinkAboutEarth Tech - Professional Services Agmnt - Sink Creek Watershed Study - 11/7/2005 /i- 7,c> s Z74 o-l°e)S— X88. EarthTech 501 Sycamore Street P 319.232.6531 Suite 222 F 319.232.0271 A"tgGG International Ltd.Company Waterloo, IA 50703 earthtech.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Sink Creek Watershed Study Update City of Waterloo, Iowa(Project) This Agreement is by and between Client City of Waterloo(Client) 715 Mulberry Waterloo,Iowa 50703 and, Earth Tech 501 Sycamore, Suite 222 P.O. Box 1497 Waterloo,Iowa 50704-1497 Who agree as follows: Client hereby engages Earth Tech to perform the services described in Part I("Services")and Earth Tech agrees to perform the Services for the compensation set forth in Part III. Earth Tech shall be authorized to commence the Services upon execution of this Agreement. Client and Earth Tech agree that this signature page, together with Parts I-IV and attachments referred to therein,constitute the entire Agreement between them relating to the Project ("Agreement"). APPROVED FOR CLIENT APPROVE R ARTH/Y By By: K� Printed Name Timothy J. Hurley Printed Name Joe A.Becker Title Mayor Title Vice President Date Date November 1. 2005 PART EARTH TECH'S RESPONSIBILITIES A. PROJECT DESCRIPTION The project is described as updating the Lower Sink Creek Flood Control Study completed in 1982. The Sink Creek Watershed is continuing to experience urbanization creating the need to complete many of the improvements outlined in the 1982 study. The study update will review the current future land-use projections for the watershed, update the hydrologic model to account for the anticipated future growth, update the proposed improvements in the existing study including channel and structural conveyance improvements,review the alternatives presented in the 1982 study, develop a recommended improvement based on current conditions in the watershed, and update construction cost estimates for the selected improvements. The existing HEC-2 Water Surface Profile Model will be correlated to the Federal Emergency Management Agencies Flood Insurance Study completed for the City of Waterloo. B. SCOPE OF SERVICES The work to be performed by the Consultant shall encompass and include detailed work,services,materials, equipment, and supplies necessary to provide the services defined in the following tasks: Hydrologic Analyses 1. Land-Use Update. Review land use for the watershed area with Client staff so as to update the land-use assumptions in the previous study. The revised model will be updated with future land-use conditions. 2. Update Hydrologic Model. Update the previously used"Urban Watershed Model"to the current standard Corps of Engineer's HEC-1 Model. This update will be for the watershed included in the previous report and includes three(3)critical points. 3. Model Correlation. Correlate the results of the new model with the previous model using the land- use definitions in the previous study. 4. Future Land-Use Discharges. Update the new model to fixture land-use conditions and develop revised future land-use discharges. Hydraulic Analyses 5. Hydraulic Model Update and FIS Correlation. Update the hydraulic model to include the current structures at Highway 218 and Shaulis Road.This model will be required to be correlated with the current Waterloo Flood Insurance Study Model. Improvements to the stream are required to have FEMA approval including a Conditional Letter of Map Revision which is normally part of the design process and not included in this study. 6. Channel Alternative Recommendation. Review the recommendations in the existing study and develop a current recommended improvement based on existing development in the watershed. This -2- will include reviewing the channel improvements below Cedar Terrace Drive and developing the selected location. The channel relocation options will be reviewed based on current Iowa Department of Natural Resources criteria. 7. Hydraulic Modeling of Selected Alternative. Complete hydraulic modeling of the proposed improvements to review the impacts and develop revised flood profiles for the 10-,50-and 100-year frequencies. 8. Revised Flood Plain Mapping. Develop revised flood plain mapping based on the proposed improvements using existing city topographic mapping. Report Preparation 9. Preparation of Summary Report. Prepare a summary report for the updated hydrologic and hydraulic analyses for the Sink Creek Watershed including the following items: a. History of Sink Creek Watershed and a summary of past work. b. Description of updated hydrologic analyses and land use along with resultant discharges for the 10-, 50 and 100-year frequencies. c. Description of updated hydraulic analyses. d. Flood profiles representing existing condition flood profiles and flood profiles with the improvements in-place. e. Revised floodplain maps indicating the existing and proposed 100-year floodplain. f. Summary of updated cost estimate for the proposed improvement. g. Right-of-way estimate. A preliminary estimate of right-of-way required for channel improvements will be determined for the selected alternative. Project Administration 10. Early Agency Coordination. Coordinate with the Iowa DNR,the U.S.Army Corps of Engineers, and the Federal Emergency Management Agency (FEMA). The coordination with FEMA will include a request to obtain the current regulatory FIS model to be used in correlation of the HEC-2 model. 11. Project Meetings. A total of three(3)project meetings are anticipated to be held at Waterloo city offices. The anticipated schedule of completion for the above Scope of Services is three months from Notice to Proceed. -3- z PARTII CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish Earth Tech necessary information/reports, all of which Earth Tech may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information,interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project,obtain(with Earth Tech's assistance,if applicable)necessary approvals and permits,attend Project-related meetings,provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. PART III COMPENSATION,BILLING,AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. COMPENSATION Compensation for the above Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The estimated compensation is Twenty- Seven Thousand Five Hundred Dollars($27,500.00). B. BILLING AND PAYMENT Earth Tech may bill the Client monthly for services completed at the time of billing,with net payment due in 20 days. Past due invoices will be subject to a service charge at the rate of 1%per month per request by Earth Tech. Unless Client provides Earth Tech with a written statement of any objections to the bill within 15 days of receipt,Client shall be deemed to accept the bill as submitted. L:\work\ADMBq\AGREE\SinkCreekWatershed.doe -4- PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the and agrees to defend,indemnify,and save Earth Tech harmless from any claim or liability standard of professional practice ordinarily exercised by the applicable profession at the for injury or loss arising from Earth Tech's discovery of unanticipated hazardous materials time and within the locality where the Services are performed. Professional services are or suspected hazardous materials. not subject to,and Earth Tech can not provide,any warranty or guarantee,express or imphed,including warranties or guarantees contained in any uniform commercial code. 11. INDEMNITY.Earth Tech agrees to defend,indemnify and save harmless the Any such warranties or guarantees contained in any purchase orders,requisitions or Client,its agencies,agents,employees and assignees from all claims and liabilities due to notices to proceed issued by Client are specifically objected to. design error,omission or negligent act of Earth Tech,its members,agents,stockholders or employees in connection with performance of this Agreement. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement,including,if applicable, 12.ACCESS.Client shall provide Earth Tech safe access to any premises necessary for information supplied by Client. For some projects involving conceptual or process Earth Tech to provide the Services. development services,scope may not be fully definable during initial phases. As the Project progresses,facts discovered may indicate that scope must be redefined. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media,pertaining to the Project by Client for any 3. SAFETY. Earth Tech has established and maintains corporate programs and purpose other than that for which such documents or deliverables were originally procedures for the safety of its employees- Unless specifically included as a service lobe prepared,or alteration of such documents or deliverables without written verification or provided under this Agreement, Earth Tech specifically disclaims any authority or adaptation by Earth Tech for the specific purpose intended,shall be at the Chent's risk. responsibility for general job site safety and safety of persons other than Earth Tech Further,all title blocks and the engineers seal,if applicable,shall be removed if and employees. when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses,findings and reports provided in electronic media shall also be 4. DELAYS. If events beyond the control of Client or Earth Tech,including,but not provided in"hard copy"and that the hard copy shall govern in the case of a discrepancy limited to,fire,flood,explosion,riot strike,war,process shutdown,act of God or the between the two versions,and shall be held as the official set of drawings,as signed and public enemy,and act or regulation of any government agency,result in delay to any sealed. Client shall be afforded a period of 30 days in which to check the hard copy schedule established in this Agreement such schedule shall be amended to the extent against the electronic media. In the event that any error or inconsistency is found as a necessary to compensate for such delay. In the event such delay exceeds 60 days,Earth result of this process, Earth Tech shall be advised and the inconsistency shall be Tech shall be entitled to an equitable adjustment in compensation. corrected at no additional cost to Client Following the expiration of this 30-day period, Client shall bear all responsibility for the care,custody and control of the electronic 5.TERMINATION/SUSPENSION.Either party may terminate this Agreement upon media.In addition,Client represents that it shall retain the necessary mechanisms to read 30 days written notice to the other party. Client shall pay Earth Tech for all Services, the electronic media,which Client acknowledges to be of only limited duration. Client including profit relating thereto,rendered prior to termination,plus any expenses of agrees to defend,indemnify,and hold harmless Earth Tech from all claims,damages,and termination. expenses,(including reasonable litigation costs),arising out of such reuse or alteration by Client or others acting through Client. In the event either party defaults in its obligations under this Agreement(including Clint's obligation to make the payments required hereunder),the non-defaulting party 14. AMENDMENT. This Agreement upon execution by both parties hereto,can be may,after 7 days written notice stating its intention to suspend performance under the amended only by a written instrument signed by both parties. Agreement ifcure of such default is not commenced and diligently continued,and failure of the defaulting party to commence cure within such time limit and diligently continue, 15. ASSIGNMENT. Except for assignments(a)to entities which control,or are suspend performance under this Agreement. controlled by,the parties hereto or(b)resulting from operation of law,the rights and obligations of this Agreement cannot be assigned by either party without written 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs permission of the other party. This Agreement shall be binding upon and inure to the prepared by Earth Tech is supplied for the general guidance of the Client only. Since benefit of any pemritted assigns. Earth Tech has no control over competitive bidding or market conditions,Earth Tech cannot guarantee the accuracy of such opinions as compared to contract bids or actual 16. STATUTES OF LIMITATION. To the fullest extent permitted by law,partes costs to Client agree that,except for claims for indemnification,the time period for bringing claims under this Agreement shall expire one year after Project completion. 7. RELATIONSHIP WITH CONTRACTORS. Earth Tech shall serve as Client's professional representative for the Services,and may make recomnnebeations to Client 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under concerning actions relating to Client's contractors,but Earth Tech specifically disclaims this agreement by discussion between the parties senior representatives of management. any authority to direct or supervise the means, methods, techniques, sequences or If any dispute can not be resolved in this manner,within a reasonable length of time, procedures of construction selected by Client's contractors. parties agree to attempt non-binding mediation or any other method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to R. CONSTRUCTION REVIEW. For projects involving construction, Client enforce this Agreement the prevailing party shall be entitled to collect its litigation costs acknowledges that under generally accepted professional practice,interpretations of from the other party. construction documents in the field are normally required, and that performance of construction-related services by the design professional for the project permits errors or 18. NO WAIVER. No waiver by either party of any default by the other party in the omissions to be identified and corrected at comparatively low cost. Client agrees to hold performance of any particular section of this Agreement shall invalidate any other section Earth Tech harrrdess from any claims resulting from performance of construction-related of this Agreement or operate as a waiver of any fume default,whether like or different in services by persons other than Earth Tech. character. 9. INSURANCE. Earth Tech will maintain insurance coverage for Professional, 19.NO THIRD-PARTY BENEFICIARY.Nothing contained in this Agreement,nor Comprehensive General,Automobile,Worker's Compensation,and Employers Liability the performance of the parties hereunder,is intended to benefit,nor shall inure to the in amounts in accordance with legal,and Earth Tech's business requitencnts.Certificates benefit of,any third parry,including Client's contractors,if any. evidencing such coverage will be provided to Client upon request Forprojects involving construction,Client agrees to require its construction contractor,if any,to include Earth 20. SEVERABILITY. The various terms,provisions and covenants herein contained Tech as an additional insured on its policies relating to the Project. Earth Tech's shall be deemed to he separate and severable,and the invalidity or unenforceability of coverages referenced above shall,in such case,be excess over contractor's primary any of them shall not affect or impair the validity or enforceability of the remainder. coverage. 21. AUTHORITY. The persons signing this Agreement warrant that they have the 10. HAZARDOUS MATERIAL. Hazardous materials may exist at a site where there authority to sign as,or on behalf of,the parry for whom they are signing. is no reason to believe they could or should be present. Earth Tech and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition L:\WORK\ADMIN\AGREE\SAVE\WaterlooTC.doc July 2001 mandating a renegotiation of the scope of work. Earth Tech agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered.Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal, state or local public agencies,as required,any conditions at the site that my present a potential danger to the public health,safety or the environment Client shall execute any manifests or forma in connection with transportation,storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize Earth Tech to execute such documents as Clint's agent. Client waives any claim against Earth Tech