HomeMy WebLinkAboutAment, Inc.-Grant Agreement-02.23.2009 ittliteo,kei: 2 23-v5
AGREEMENT
for 2009 Traffic Safety Fund Grant Design Services
Traffic Safety Improvements at the Intersections of
US 63 (Sergeant Road) & Ridgeway Avenue and
US 218 (Washington Street) & Williston Avenue /West 18th Street
In Waterloo, Iowa
Ament, Inc. Project Number G29409.10 /Tasks 001 - 002
GENERAL
This Agreement for surveying and engineering design services is based on Ament, Inc.'s
(hereinafter referred to as CONSULTANT) understanding of the project needs of the City of
Waterloo, Iowa Traffic Operations Department (hereinafter referred to as CLIENT), as
developed from the CLIENT's Traffic Safety Funds Grant Design Services Request for
Proposals (RFP), dated January 29, 2009. The Effective Date of this Agreement is February
17, 2009.
PROJECT DESCRIPTION
The City of Waterloo, Iowa intends to implement traffic safety improvements at two (2)
intersections located within the City. These two intersections are at US 63 (Sergeant Road)
and Ridgeway Avenue, and at US 218 (Washington Street) & Williston Avenue / West 18th
Street. This project will utilize Iowa Department of Transportation (DOT) Traffic Safety Funds
grant funding for project construction, as well as local funding for the surveying and engineering
design services.
The safety improvements that are envisioned include the following:
At US 63 (Sergeant Road) and Ridgeway Avenue:
Remove the existing traffic signal truss structure. Install normal far-side mast arm-mounted
traffic signals. Add near-side traffic signals. Change permitted-protected left-turn phasing to
protected phasing for the US 63 approaches. Lengthen the auxiliary left-turn lane on
northbound US 63. Eliminate the turning roadway in the southwest quadrant of the intersection
and bring the eastbound right-turn movement on Ridgeway Avenue under signal control, rather
than Yield sign control. Install larger street name signs on the signal pole mast arms. Provide
dilemma zone protection on all four high-speed approaches, utilizing detector loops. Provide
vehicle detection at or near the stop lines using either detector loops or video detection.
US 218 (Washington Street) and Williston Avenue /West 18th Street:
Install overhead-mounted intersection lane control signs, sign structure, and pavement markings
on both approaches of US 218 for either the two inside lanes or for all three lanes. Install near-
side pedestal-mounted traffic signal heads on Williston Avenue and West 18th Street.
The project will be let locally by the City of Waterloo as one (1) construction project.
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SCOPE OF SERVICES
The CONSULTANT will provide surveying and engineering design services for the project. The
scope of services to be performed by the CONSULTANT shall be completed in accordance with
generally accepted standards of practice and shall include the services and supplies to
complete the following tasks:
Project Management
This task includes the development and tracking of the project plan. Coordination with
members of the project team, including the CLIENT, the Iowa Department of
Transportation (DOT), and subconsultants, if necessary, is an essential part of this task.
The scheduling, notifying, and facilitating of team meetings is also included in this task.
1. Project Team Kick-Off Meeting — This meeting shall include select members of the
project team (CLIENT and CONSULTANT). The purpose of the meeting is to review
the detailed project plan including tasks, responsible individuals, and timing to
complete the tasks; obtain project information from the CLIENT; and clarify design
issues and requirements.
2. Track Project Schedule — This task involves tracking the project design schedule
throughout the length of the design services contract. This will be done to determine
if the performance of the design services is in conformance with the project
schedule. If the project is not on schedule, CONSULTANT will present an approach
for bringing the project back on schedule.
3. Monitor Project Scope — This task involves monitoring the project scope throughout
the length of the design services contract. This will be done to identify needed
services that are not included in the scope of the design services contract.
CONSULTANT will make the CLIENT representative aware of potential change
orders to the design contract before the additional services are performed.
This task includes the preparation and submittal of brief weekly progress reports to
the CLIENT. These progress reports will be submitted electronically from the time of
project startup through the submittal of final construction documents.
4. Project Review Meetings — This task involves attendance at project review meetings
with representatives of the CLIENT. Three (3) meetings are anticipated.
CONSULTANT will keep, prepare, and distribute minutes of meetings to attendees in
a timely manner.
5. Subconsultant Management —This task involves the preparation of subcontracts and
work orders for subconsultants. This task also includes monitoring subconsultant
activities, reviewing subconsultant invoices, and submitting them to the CLIENT for
payment. The only subconsultant that is anticipated at this time is M2B Structural
Engineers LLP of Cedar Rapids, Iowa.
6. Coordination with Utilities and Other Affected Agencies/Entities — This task involves
the necessary coordination with the other users of the project corridor and the
various agencies (City, State, and County) that have jurisdiction within the project
corridor. Ongoing input and related design consideration will be included in the
development of the design plans.
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II. Research and Data Collection
The following is a brief description of some of the items necessary to research for the
collection of information in preparation of the study report and design development.
1. Aerial Photography and Topography—This item includes the collection of existing
aerial photography and topography comprising the best readily available information
for the project area.
2. Record Drawing Research —The purpose of this item is to research and collect the
record drawings available for the improvements located within and affecting the
project area.
3. Utility Research —This item includes research with the franchise utilities, telephone
companies, and City utilities for information within the project area regarding existing
transmission and distribution lines and service laterals.
4. Traffic Volumes —This item includes the collection of the best readily available
information related to existing traffic volumes. This information will be obtained from
the DOT Office of Transportation Data.
5. Applicable Design Standards —This item includes the collection and summarization
of the design standards applicable to this project.
III. Preliminary Design Plans
Design Services — This task includes the surveying, drafting, and design tasks necessary
to determine the location and dimensions of the proposed facilities. At the completion of
this task, the preparation of acquisition documents and the determination of values of
takings may proceed, or the plans may be finalized if no acquisitions are necessary.
1. Verify Recommended Concept- This task includes a detailed review of the project
concept and a verification of the appropriateness of the scope of the project, the
schedule being proposed, and the budget for the proposed improvements. At this
time, if there is the need to modify the scope, schedule or budget, the modification(s)
shall be performed.
2. Horizontal Control Surveys —This item includes the identification and location of
existing horizontal control points, or establishment of new horizontal control points,
within the project corridor prior to construction. This task includes the acquisition
and documentation of reference ties for these horizontal control points.
3. Vertical Control Survey—This item includes the identification and location of existing
benchmarks, or establishment of new benchmarks, within the project corridor.
4. Topographic Surveys •-This item includes the field and office tasks required to
conduct the research and gather the field measurements to provide the necessary
topographic information for the project to supplement the survey data already
collected by the CLIENT and/or the DOT within the project corridor in recent years.
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5. Photographic/Video Review of Project Corridor—This task includes the preparation
of photographs and/or videotape of the project corridor obtained while walking
and/or driving through the area. The purpose of this task is to provide for the
efficient review of the corridor during the design process. It may include times of
peak hour traffic, if applicable, and drainage during rainfall events, if applicable.
6. Preparation of Base Information —This task includes the collection of the information
of the research and data collection phase and the reduction of topographic survey
data for the purpose cf preparing project drawings. This task shall also include the
preparation of a triangulated irregular network for the use in development of the
project design. The plan-and-profile drawings will be prepared in AutoCAD or
MicroStation electronic format to a scale of not smaller than 1" = 50' (for 11" x 17"
half-size sheets) using Iowa DOT standards for linetypes and symbols. Scales
larger than this will be used as appropriate for the work involved.
7. Review Design Standards —This task includes the review of the design standards
applicable to the development of the project. Coordination with the appropriate utility
companies may be required in order to properly accommodate the facilities impacted
by this project.
8. Roadway Typical Sections — This task includes the development of a roadway
typical cross section for the proposed auxiliary turn lane extension indicating the
type, width, and thickness of pavement and subbase, cross slope, and details of
joints, shoulders, and ditches.
9. Horizontal and Vertical Alignment—This task includes the development of the
horizontal and vertical alignment for the proposed improvements and impacted
access drives, if any.
10. Cross Sections —This task includes the development of cross sections and the
determination of earthwork quantities utilizing roadway templates based on the
roadway typical sections and the horizontal and vertical alignments developed for
the proposed improvements. The cross sections shall be developed at a scale of
not greater than 1" = 10' horizontally and 1" = 10' vertically for half-size sheets.
Cross sections will be developed at a maximum of 50-foot intervals.
11. Traffic Signals —This task includes the design and preparation of detailed plans for
1) the removal of an existing traffic signal truss structure and the construction of an
isolated fully-actuated traffic signal installation with dilemma zone protection on all
four (4) high-speed approaches at the US 63 (Sergeant Road) / Ridgeway Avenue
intersection and 2) the addition of near-side pedestal-mounted traffic signals at the
US 218 (Washington Street) and Williston Avenue /West 18th Street intersection.
Plans will include traffic signal layout, a wiring diagram, signal phasing and timings
(for the US 63 (Sergeant Road) / Ridgeway Avenue intersection ONLY), loop
detector, handhole, and base locations, and a summary of anticipated traffic signal
quantities.
12. Field Reconnaissance —This task includes a field reconnaissance /field check with
the CLIENT (and the Iowa DOT, if available) after the initial preliminary design plan
set is submitted to the CLIENT and the Iowa DOT.
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13. Pavement Marking and Signing Plan —A pavement marking and signing plan will be
developed according i:o the guidelines contained in the Manual on Uniform Traffic
Control Devices (MUTCD) Handbook, current Edition, a manual approved by the
Federal Highway Administration as the National Standard. This plan will be
developed in conjunction with the requirements of the CLIENT and the Iowa DOT.
For the US 63 (Sergeant Road) / Ridgeway Avenue intersection, the signing plan will
involve only the provision of larger mast arm-mounted street name signs and some
ground-mounted traffic control signs, if needed. For the US 218 (Washington
Street) and Williston Avenue /West 18th Street intersection, the signing plan will
involve the installation of overhead-mounted intersection lane control signs.
14. Grading and Erosion Control Plan - This task includes the development of a grading
and erosion control plan for the project. The plan shall identify existing and
proposed contours and identify the type, size, and location of proposed erosion
control elements.
15. Storm Water Pollution Prevention Plan (SWPPP) - This task includes the
development of a storm water pollution prevention plan (SWPPP) for the project, if
necessary.
16. Staging Plan/Traffic Control —This task includes the development of a staging and
traffic control plan for the project. Detail shall be such that a refined cost opinion can
be developed and the construction costs can be set.
17. Set Construction Limits —This task includes the definition of the construction limits
for the project. The construction limits shall include that area necessary for the
construction activities including construction staking.
18. Prepare Draft Contract Documents —This task includes the modification of the
electronic Word®files of existing Contract Document templates provided by the
CLIENT for the purpose of the Project. The CLIENT shall provide the required
information to assist the CONSULTANT in preparing the draft documents. Some
items, such as dates or bid schedules, shall be included as future tasks make the
items available.
19. Prepare Permit Applications —This task includes the preparation and submittal of
permit applications necessary to commence with the construction of the proposed
improvements. These include, but are not limited to, City, County, State, and
Federal permits necessary for the project.
20. Budget Review—This task includes the development of a quantity take-off in
accordance with the standard bid items for the Iowa Department of Transportation
and the application of unit prices reasonable for the scope, schedule, and
anticipated job site conditions. The revised total project expenditures shall be
reviewed and compared to the original project budget. A discussion of the adequacy
of the existing budget shall be made. If the budget is not adequate for some reason,
options shall be evaluated and a recommendation shall be made to address the
budget issue.
21. Quality Review— This task includes a field review by the CONSULTANT regarding
the quality of the design developed to date. Issues such as coordination with utility
companies and other agencies, and the maintenance aspects of the facilities shall
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be considered while making this review. The accuracy and completeness of the
documents shall also be scrutinized in order to minimize the need for modifications
to the design. Any necessary modifications shall be included in the documents
following the quality review by the designer and prior to continuing to the next step.
22. Preliminary Plan Submittal —This item includes the submittal of the appropriate
number of copies of the Preliminary Plans to the CLIENT and to the Iowa DOT.
IV. Check Plans and Final Plans
A. Check Plans — This item includes the addition of information to the Preliminary Plans
and the incorporation of the Preliminary Plan review comments to more fully develop the
contract documents.
1. Develop Special Details —This item includes the design and drafting of special
project details. Standard details shall be included by reference only.
2. Addition of Text / Information to Drawings — This task includes the addition of
information and text to the drawings in order to provide for the needed detailed
location and dimension information. Information related to quality of workmanship
and quality of materials shall be included in the Special Provisions, if needed.
3. Develop Special Provisions —This task includes the development of Special
Provisions, if necessary, to supplement the Iowa DOT's Standard Specifications for
Highway and Bridge Construction, Series 2001, and current Supplemental
Specifications.
4. Quality Review by the Designer—This task includes a detailed review of the
information included in the drawings and in the Special Provisions. Any
discrepancies discovered shall be resolved prior to continuing to the next step.
5. Budget Review— This item includes a refinement of the previous quantity take-off
including the standard bid items. Revisions to any unit prices as is appropriate
based on additional information shall occur as part of this task. A comparison of the
current total project budget with the allocated resources shall be made. The need to
resolve any discrepancies shall be evaluated and recommendations to address any
budget issues shall be made as part of this task.
6. Update Contract Documents —This task includes the update of the electronic Word®
files of the Contract Documents provided by the CLIENT for the purpose of the
Project. The CLIENT shall provide the required information to assist the
CONSULTANT in preparing these draft documents. Some items, such as dates or
bid schedules, shall be included as future tasks make the items available.
7. Check Plan Submittal --This item includes the submittal of the appropriate number
of copies of the Check Plans and draft Special Provisions, if required, to the CLIENT
and the Iowa DOT.
B. Final Plans — This item includes the modification of the Check Plans and Special
Provisions, if required, to incorporate the Check Plan review comments and to finalize
the documents.
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1. Incorporate Permit Requirements —This item includes the incorporation of
information in the appropriate location related to the requirements of any applicable
permits issued for the project. Location and dimension information shall be placed
on the drawings. Quality of workmanship and quality of materials information shall
be placed in the Special Provisions, if needed.
2. Refine Special Provisions —This task includes the refinement of the Special
Provisions, if necessary, to supplement the Iowa DOT's Standard Specifications for
Highway and Bridge Construction, Series 2001, and current Supplemental
Specifications.
3. Refine Contract Documents — This task includes the refinement of the electronic
Word®files of the Contract Documents to include information not previously
available. Information related to the bid schedule and other specific dates shall be
added, as they are available.
4. Quality Review by the Designer—This task includes a detailed review of the
information included in the drawings and in the Special Provisions. Any
discrepancies discovered shall be resolved prior to continuing to the next step.
5. Budget Review—This item includes a refinement of the previous quantity take-off
including the standard bid items. Revisions to any unit prices as is appropriate
based on additional information shall occur as part of this task. A comparison of the
current total project budget with the allocated resources shall be made. The need to
resolve any discrepancies shall be evaluated and recommendations to address any
budget issues shall be made as part of this task. This task includes the
incorporation of project construction phasing into the Final Plans as required by the
project budget.
6. Final Plan Submittal — This item includes the submittal of the appropriate number of
copies of the Final Plans and Special Provisions, if required, to the CLIENT and the
Iowa DOT.
V. Contractor Procurement
Bid Period Activities
1. Answer Questions from the CLIENT/ Iowa DOT—After submittal of Final Plans to
the CLIENT and the Iowa DOT, clarification of items in question will be provided to
assist the CLIENT in preparation of the bid documents and any addenda that are
necessary. The CLIENT shall be responsible for the local bid letting. The CLIENT
shall prepare and distribute copies of the bidding documents to potential bidders.
2. Preparation and Distribution of Addendum —Any modification to the bid documents
shall occur by issuance of an addendum. The CONSULTANT shall assist the
CLIENT with the development of any addenda that are necessary and the CLIENT
shall distribute the addenda to the plan holders.
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DELIVERABLES
A. CONSULTANT Deliverables
1. One (1) set of preliminary plans and one (1) copy of the preliminary construction cost
opinion, along with an accompanying transmittal letter, to both the CLIENT and the
Iowa DOT.
2. One (1) set of check plans; one (1) hard copy of each Special Provision document, if
any; one (1) copy of the draft Contract Documents; and one (1) copy of an updated
construction cost opinion, along with an accompanying transmittal letter, to both the
CLIENT and the Iowa DOT.
3. One (1) unbound set of reproducible final plans without original signatures; five (5)
signed and sealed copies of the final plans with original signatures; one (1) hard
copy and one (1) electronic copy of each Special Provision document, if any; one (1)
hard copy and one (1) electronic copy of the final Contract Documents; and one (1)
copy of the final project cost opinion, along with an accompanying transmittal letter,
to the CLIENT. One (1) signed and sealed copy of the final plans with original
signatures; one (1) hard copy of each Special Provision document, if any; one (1)
hard copy of the final Contract Documents; and one (1) copy of the final project cost
opinion, along with an accompanying transmittal letter, to the Iowa DOT.
SCHEDULE
The CONSULTANT will begin its services immediately after receipt of the executed Agreement,
which will serve as a notice to proceed.
The CONSULTANT will perform its services in accordance with the following schedule, unless
modified by mutual agreement or by factors beyond the control of the CONSULTANT:
Contract approved by CLIENT by February 23, 2009.
Project Kick-off Meeting conducted by February 27, 2009.
Topographic Surveys / Data Collection performed by March 11, 2009, weather permitting.
Preliminary Field Check performed by March 13, 2009.
Preliminary Plans and Preliminary Cost Opinion prepared and submitted by April 10, 2009.
Preliminary Plan documents review completed by CLIENT by April 24, 2009.
Check Plans, Draft Special Provisions, Updated Cost Opinion, and Draft Contract
Documents prepared and submitted by May 15, 2009.
Check Plan documents review completed by CLIENT by May 29, 2009.
Final Plans, Final Special Provisions, Final Cost Opinion, and Final Contract Documents
prepared and submitted by June 12, 2009.
Project Letting by CLIENT in mid- to late-July 2009.
This schedule is dependent upon timely reviews by the CLIENT and the Iowa DOT and timely
receipt of requested data from various agencies.
COMPENSATION
We will provide the Scope of Services on a Standard Hourly Rate plus reimbursable expenses
basis, using the rates that are current at the time the work is performed. The total not-to-
exceed fee for these services shall be $32,900 for the services rendered by principals and
employees engaged directly on the project and for reimbursable expenses.
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The CLIENT has 30 days from the Effective Date of this Agreement to enter into this
Agreement in order for the terms of this Agreement to remain valid.
CLIENT RESPONSIBILITIES
It will be Client's responsibility to provide the following, if it is available or can be obtained by
Client's personnel:
1. Data requested by the CONSULTANT to assist in the development of the construction
documents and contract documents. This information may include, but not be limited to,
base mapping of the City including aerial photography, if available, and other pertinent
information identified in the Research and Data Collection phase.
2. A rough conceptual layout of the proposed location of new mast arms, signal heads, and
geometric improvements for the two project intersections.
3. Existing traffic signal plans and signal phasing and timing data for the project
intersections.
4. Electronic files of the specifications and standard drawings used by the CLIENT for
traffic signal equipment and traffic control signing.
5. Electronic Word®files of the Contract Document templates used by the CLIENT for local
bid lettings.
ADDITIONAL SERVICES
None.
Terms and Conditions of the Agreement
The attached Terms and Conditions are considered part of this Agreement.
AGREEMENT
CLIENT: City of Waterloo, Iowa AMENT, I
BY: ��•-� y BY:
DATE: - ,P 3 D DATE: .Z/ - l t
ATTEST (% 4ATTEST:
DATE: � � 3 9 DATE:
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TERMS AND CONDITIONS
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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 the intellectual rights to it 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 instruments 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. 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. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties
involved in the mediation.
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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 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 cf which is not part of this agreement.
14. 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.
15. The CONSULTANT will notify the CLIENT of changes in scope of services and of adjustment in compensation by
amendment to this Agreement.
16. 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 its
various forms.
17. 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.
18. CONSULTANT shall maintain a professional indemnity insurance policy covering professional liability of work done by
CONSULTANT under this Agreement and the coverage of such policy shall remain in effect for the duration of statute
of limitations under Iowa laws for the applicable items. The policy shall cover risks associated with damage due to the
CONSULTANT'S negligent act, error or omission for a minimum of $1,000,000 each claim, $1,000,000 in the
aggregate. CONSULTANT may write the construction contract documents in a manner to require the construction
contractor to extend the indemnity given to CLIENT to also cover CONSULTANT. CONSULTANT shall pay at
CONSULTANT's own expense for correction of construction work when such correction is deemed necessary and is
deemed to be solely the result of the CONSULTANTs negligent acts, errors, or omissions.
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