HomeMy WebLinkAboutEarthTech-Professional Services Agreement-05.12.2008 EarthTech
501 Sycamore Street P 319.232.6531
A VICO International Ltd.Company Suite 222 F 319.232.0271
Waterloo, IA 50703 www.earthtech.com
May 13, 2008
Mr. Noel Anderson
Planning and Development Director
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Subject: Proposal for Greenbelt Centre Flood Plain Review
Black Hawk Creek and Local Drainage Structure Investigation
Dear Mr. Anderson:
Per your request, Earth Tech is pleased to submit our proposal for engineering services for the review of the
Black Hawk Creek Flood Plain adjacent to the Greenbelt Centre Development in addition to reviewing the
hydraulic capacities of the interior drainage structures. The storm event during the evening of April 24 and
morning of April 25 caused record flood levels in this reach of the Black Hawk Creek Flood Plain
. The City
would like to review the drainage in the area to determine if any improvements could be made to the
development to improve access to the site during extreme flood events adjacent to the development.
The proposed Scope of Services, Compensation and Schedule are detailed as follows:
Scope of Services
The Scope of Services will encompass and include all detailed work, services, materials, equipment, personnel
and supplies necessary to provide survey and engineering services to complete the Flood Plain Review of the
Greenbelt Centre. The Scope of Services is further defined as follows:
1. Data Collection. This task will include review of existing plans for the development including
Greyhound Drive, Ridgeway Avenue and U.S. Highway 63. In addition, the task will include field
surveys for the following:
a. Culvert inverts at Highway 63, Ridgeway Avenue and Greyhound Drive.
b. Available high-water marks in the area.
c. Intersection elevations to verify datums are consistent with the various as-built plan sets.
2. Design Frequency Review. This task will include a review of the existing roadway culverts within the
development and a determination of the design frequency of the culverts at Ridgeway Avenue and
Greyhound Drive. The task will also review high-water marks in the area to determine approximate
flood levels of Black Hawk Creek during the April 2008 flood event.
3. Flood Plain Review. This task includes coordination with the City in reviewing the flood plain for the
April 2008 event. It is anticipated the City will develop the flood plain drawing for this task.
4. Review of Potential Improvements to the Development to Assist with Access During Extreme Flood
Events. This task will review potential solutions to assist with access to the Mauer faculty during
extreme flood events.
EarthTech Mr. Noel Anderson
A two International Ltd.Company May 13, 2008
Page 2
5. Project Meetings. This task includes a total of two (2) project meetings to be held with City staff to
review results of investigations.
6. Summary Letter Report. This task includes a letter report summarizing the results of the flood plain
review and indicating potential hydraulic improvements for the development to increase access
potential to the site during extreme flood events on Black Hawk Creek.
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 compensation for the services shall be
Seven Thousand Dollars($7,000.00),which shall not be exceeded without authorization from the Client.
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.
Schedule
Earth Tech proposes to complete the summary report by May 16, 2008, for review by City staff.
General Terms and Conditions
Earth Tech's General Terms and Conditions are attached to this agreement and are included as part thereof.
Thank you for the opportunity to submit this proposal for your consideration. If you have any questions, please
advise.
Very truly yours,
Earth Tech, Inc.
Douglas W. Schindel,P.E.
APPROVED:
CITY OF WATERLOO, IOWA
By Date 5—I --0
L:\work\ADMfN\AGREE\LETT \Anderson.doe
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
implied,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
notices to proceed issued by Client are specifically objected to. 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
information supplied by Client. For some projects involving conceptual or process for 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 to prepared,or alteration of such documents or deliverables without written verification or
be provided under this Agreement,Earth Tech specifically disclaims any authority or adaptation by Earth Tech for the specific purpose intended,shall be at the Client's risk.
responsibility for general job site safety and safety of persons other than Earth Tech Further,all title blocks and the engineer's 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
Client'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 if cure 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 permitted 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,parties
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 recommendations 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
8. 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 harmless from any claims resulting from performance of construction-related of this Agreement or operate as a waiver of any future default,whether like or different
services by persons other than Earth Tech. in 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 Employer's 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 requirements. Certificates benefit of,any third party,including Client's contractors,if any.
evidencing such coverage will be provided to Client upon request. For projects 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 be 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 party 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:\WORKWDMIN\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 may present a
potential danger to the public health,safety or the environment. Client shall execute any
manifests or forms 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 Client's agent. Client waives any claim against Earth Tech
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