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HomeMy WebLinkAboutEocene_PSA_-_Waterloo_Trellis_Bridges_Assessments_-_5.19.2025 Docusign Envelope ID:43BDO61 F-D0254D68-134513-1`1313AD9979995 PROFESSIONAL SERVICES =�'— Eocenesm - AGREEMENT (PSA) Environmental Group Project: 5 Historic Bridge Assessments, TAP-U-8155(788)-81-07 Property: Sergeant Road Trail Client: Black Hawk Contact: Jamie Knutson Address: 715 Mulberry Street City/State/Zip: Waterloo, Iowa Phone: 319-291-4312 Email: jamie.knutson@waterloo-ia.org AGREEMENT made this 1s'day of May, 2025, by and between the service provider, Eocene Environmental Group (Eocene)and the City of Waterloo (Client). WHEREAS the client intends to engage the services of Eocene to: conduct five (5) historic bridge assessments along the Sergeant Road Trail. WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Eocene will complete five (5) historic bridge assessments identified as Structures 2 to 6 along the Sergeant Road Recreational Trail in Waterloo, Black Hawk County and referenced TAP-U-8155(788)-81-07 Technical Report 2831, prepared by AECOM. The assessments will be conducted by a Secretary of Interior-qualified Architectural Historian. The objective of the assessment is to determine if each bridge possesses historic integrity and significance, and whether further study is recommended. The project deliverables will include five separate summary reports, one for each bridge, that will also include a completed Iowa State Historic Preservation Office (SHPO)survey inventory form. 2. Scope of Services The following scope of services assumes that the City shall provide Eocene with photographic documentation of sufficient quality and detail to appropriately document in accordance with NRHP &SHPO standards, each of the five (5) bridges. The photographs will be utilized by Eocene in the preparation of the historic bridge assessments, and site visits will not be required by Eocene staff under this scope. Desktop Review.A desktop review will be conducted to compile relevant historical information pertaining to the rail line and each bridge. The review will include a review of historic maps and plats, aerial photography, the Iowa SHPO ISites historic resource database, and the two statewide historic contexts of bridges in Iowa. The latter 09 Y Street, orLiberty, PAGE 1 OF -24 315 West Cherry Suite 4,Nth Libt IA 52317 866.875.5527 eocene.com F6 6 Docusign Envelope ID:43BDO61 F-D0254D68-134513-1`1313AD9979995 documents establish standards to evaluate historic bridges for eligibility for the National Register of Historic Places (NRHP). Iowa SHPO Historic Resource Inventory Form (total of 5). Eocene shall prepare an individual survey form, in accordance with SHPO survey standards, for each of the five (5) bridges. The form shall include not only an architectural description, but will assess the integrity of the bridge and evaluate its potential NRHP eligibility. Summary Report(Total of 5). Eocene will prepare a brief summary report for each bridge to include an overview of the integrity assessment and NRHP evaluation. The survey form will be attached as an Appendix to the summary report. In the event that Eocene determines that a bridge may be potentially eligible for the NRNP, a recommendation for further study will be made in order to formally evaluate its eligibility. Quality Assurance.All project deliverables will be reviewed by a Senior Architectural Historian as well as a Technical Editor prior to submittal to the City. 3. Eocene Responsibilities Eocene Hereby agrees to: I. Provide the professional services as set forth in this Agreement; and ll. Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: I. Provide a knowledgeable representative of the Property,who will be available to coordinate all on-site work; and II. Provide unrestricted access to the Property for Eocene to perform the services; and III. Provide copies of any previously completed reports that may be pertinent to this Project. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. Eocene will strive to submit all deliverables to the County within four weeks of the executed PSA. 6. Project Cost, Payment and Termination The Client shall pay Eocene the Lump Sum Cost of$8,750.00 for the performance of the historic bridge assessment as presented in this Agreement. Direct costs such as communications, postage, routine printing and copying are not invoiced separately but are included with the Lump Sum to streamline the accounting process and reduce overhead costs. Tasks Cost Five (5) Historic Bridge Assessments $8,830.00 Total $8,830.00 Invoices for Eocene's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Eocene may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product 09-24 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 F reeorerY� eocene.com PAGE 2 OF 6 6 Docusign Envelope ID:43BDO61 F-D0254D68-134513-1`1313AD9979995 All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Eocene as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Eocene. All project documents including, but not limited to, plans and specifications furnished by Eocene under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Eocene, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Eocene from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Eocene, and Eocene makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Eocene be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Eocene reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Eocene in electronic form only for information and use by Client for the specific purpose for which Eocene was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Eocene without Eocene's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Eocene harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. 8. Project Site The Client agrees to use good faith efforts to maintain a safe Project site for Eocene staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Eocene. Eocene's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Eocene because of this Agreement or the performance or nonperformance of services hereunder. The Client and Eocene agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third party claim, against Eocene unless the Client has first provided Eocene with a written certification executed by an independent professional currently practicing in the same discipline as Eocene and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Eocene and Eocene's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys'fees and costs and expert witness fees and costs, so that the total aggregate liability of Eocene and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Eocene 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 Eocene further agree to include a similar mediation provision in all agreements with independent contractors and consultants 09-24 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 F reeorerY� eocene.com PAGE 3 OF 6 6 Docusign Envelope ID:43BDO61 F-D025-4D68-B45B-FBBAD9979995 retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. This agreement is approved and accepted by the Client and Eocene upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. 09-24 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 F reeorerY� eocene.com PAGE 4 OF 6 6 Docusign Envelope ID:43BDO61 F-D025-4D68-B45B-FBBAD9979995 CITY OF WATERLOO DocuSigned by: Accepted by: ED0525D78AAC'8449 kvdiv, AAvf Printed/Typed Name: Quentin Hart Title: mayor Date: 5/19/2025 EOCENE ENVIRONMENTAL GROUP Accepted by: ytic-4— Printed/Typed Name: Chant Eike Title: Regional Manager Date: May 1, 2025 Prepared By: Jaime Destefano 315 West CherryStreet,Suite 4,North Liberty,IA 52317 866.875.5527 eocene.com 09F 6 Y- PAGE 5 OF 6