HomeMy WebLinkAboutSUBCONSULTANT SERVICES - VANDEWALLE & ASSOCIATES INC EarthTech
501 Sycamore Street P 319.232.6531
A VICO International Ltd.Company Suite 222 F 319.232.0271
Waterloo, IA 50703 earthtech.com
SUBCONSULTANT SERVICES AGREEMENT
PROJECT NAME: U.S.Highway 63 Improvements
U.S. 218 to Donald Street("Project")
Waterloo,Iowa
This Agreement is by and between
Subconsultant
Vandewalle&Associates,Inc. ("Subconsultant")
120 East Lakeside Street
Madison,Wisconsin 53715
and,
Earth Tech,Inc.
501 Sycamore, Suite 222
P.O.Box 1497
Waterloo,Iowa 50704-1497
Who agree as follows:
Earth Tech hereby engages Subconsultant to perform the services set forth in Part I("Services")and Subconsultant
agrees to perform the Services for the compensation set forth in Part III. Subconsultant and Earth Tech agree that this
signature page,together with Parts I-IV and attachments referred to therein,and the Prime Agreement,constitute the
entire agreement between them relating to the Project("Agreement").
APPROVED FOR SUBCONSULTANT APPR• D FO t EARTH TECH
By \� L �Ck) By
Title ✓tQ.,;),AA.wr
Ti � Vice President
Date D 410410 Date March 29, 2006
PART I
SUBCONSULTANT'S RESPONSIBILITIES
A. SCOPE
Earth Tech has submitted an Agreement for Professional Services to the City of Waterloo,Iowa,("Client"),
which is the Prime Agreement. The services to be provided by Subconsultant to Earth Tech are a portion of
the services required under this agreement.
The services to be provided shall include land-use and economic development planning activities coordinated
with the overall corridor development, master plan and the enhancement plans for the City's riverfront
development project and other downtown enhancement plans. The Subconsultant shall provide the services
in accordance with the project schedule developed by Earth Tech's project manager for the Project.
The services are further defined in the Prime Agreement and Attachment A.
PART H
EARTH TECH'S RESPONSIBILITIES
Earth Tech shall, at its expense, do the following:
A. INFORMATION/REPORTS
Provide reports, studies and similar information provided to Earth Tech by Client relating to the Services.
B. REPRESENTATIVE
Designate a representative who shall have the authority to transmit instructions,receive information,interpret
and define Earth Tech's requirements and make decisions with respect to the Services.
C. DECISIONS
Provide criteria and information as to Earth Tech's requirements for the Services,attend meetings and make
decisions on matters relating to the Services.
D. MEETINGS
Advise the Subconsultant of review meetings with the Client and needed submittals for these meetings.
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PART HI
SUBCONSULTANT COMPENSATION,BILLING,AND PAYMENT
A. COMPENSATION
Compensation for the Services shall be on a unit price basis in accordance with the following hourly rates:
Principal Planner $220.00
Associate Planner 55.00
GIS Specialist 46.00
Communication Specialist 56.00
Principal Designer 166.00
Associate Designer 67.00
Maximum Amount Payable is the total cost of One Hundred Twenty Thousand Dollars($120,000.00),which
shall not be exceeded without written approval of Earth Tech and concurrence by the Client. The Maximum
Amount Payable is estimated in Attachment B.
A contingency amount of Eleven Thousand Seven Hundred Dollars($11,700.00)has been established for
this agreement and is included in the Maximum Amount Payable. Written requests by the subconsultant
indicating cause of cost overruns and written approval by Earth Tech and Client is needed prior to usage of
the contingency amount.
B. BILLING AND PAYMENT
1. Timing/Format
Subconsultant shall bill Earth Tech monthly for Services completed at the time of billing. Such bills
shall be prepared in a form and supported by documentation as Earth Tech may reasonably require,
and as may be required by Client. Earth Tech shall pay Subconsultant within 10 days of payment to
Earth Tech by Client, which payment shall be a condition precedent for payment under this
Agreement, less any retainage by Client or otherwise specified in this Agreement.
2. Billing Records
Subconsultant shall maintain accounting records of its costs in accordance with generally accepted
accounting practices and, if required by the Prime Agreement, in compliance with Federal
Acquisition Regulations. Access to such records will be provided during normal business hours with
reasonable notice during the term of this Agreement and for 3 years after Iowa DOT audit of project
costs. All invoices shall indicate Earth Tech project number and representative.
L:\work\ADMIN\AGREE\SUB\V an dewalle US 63lmpr.doc
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PART IV
SUBCONSULTANT STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE. Services shall be performed in accordance with(a)the to cancellation or modification. Payment to Subconsultant will be contingent upon
standard of professional practice ordinarily exercised by the applicable profession at the receipt of such certificates. Annual renewal certificates shall be provided during the term
time and within the locality where the Services are performed,and(b)applicable laws of this Agreement evidencing no reduction in required coverages.
and regulations,including,but not limited to,laws and regulations for the protection of
the environment. Subconsultant will,upon notice by Earth Tech,timely re-perform any 8. INDEMNIFICATION.To the fullest extent permitted by law,Subconsultant shall
non-conforming services without additional compensation. If deficiencies are not defend, hold harmless and indemnify Earth Tech, its agents, employees and
corrected in a timely manner,Earth Tech may cause the same to be corrected and deduct representatives from all claims, loss, liability, and damages (including reasonable
costs incurred by reason of such deficiency from Subconsultant's compensation,and,if litigation costs)arising out of claims based on allegations of negligent acts or omissions
Subconsultant's remaining compensation is not sufficient to reimburse Earth Tech for or resulting from breach of this Agreement by Subconsultant,or parties acting on its
such costs,recover the same from Subconsultant behalf in the performance of the Services.
2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based 9. PROPRIETARY INFORMATION. Information relating to the Project,unless in
on facts known at the time of execution of this Agreement. For some projects involving the public domain,shall be kept confidential by Subconsultant and shall not be made
conceptual or process development services,scope may not be fully definable during available to third parties without written consent of Earth Tech,unless pursuant to court
initial phases.As the Project progresses,facts discovered may indicate that scope should order.
be redefined. Subconsultant will promptly inform Earth Tech in writing of such
situations,and if the facts discovered constitute a material change in Project assumptions, 10. INDEPENDENT CONTRACTOR. Subconsultant is an independent Contractor
the parties shall renegotiate this Agreement as necessary. No payment for services and will maintain complete control of and responsibility for its employees,agents,
beyond those described in the original scope will be authorized without a written methods, and operations. Nothing contained in this Agreement will create any
amendment to this Agreement. contractual relationship between Client and Subconsultant
3. SAFETY. Subconsultant shall establish and maintain programs and procedures for 11. AMENDMENT. This Agreement,
the safety of its employees. Subconsultant shall also comply with safetyi,upon execution a ie both parties hereto,can be
mP Y programs and amended only by a written instrument signed by both parties.
procedures goveming the Project site. Unless specifically set forth in this Agreement,
Earth Tech specifically disclaims any authority or responsibility for general job site safety 12. ASSIGNMENT/SUBCONTRACTING. Except for assi and safety of persons other than Earth Tech employees. P g fro(a)to entitieswhich control,or are controlled by,the parties hereto or(b)resultingrog from operation of
law,the rights and obligations of this Agreement cannot be assigned or subcontracted by
4. DELAYS. If events beyond the control of Subconsultant,including,but not limited either party without written permission of the other party. This Agreement shall be
to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or the public binding upon and inure to the benefit of any permitted assigns or subcontractors.
enemy,and act or regulation of any government agency,result in delay to any schedule
established in this Agreement,such schedule shall be extended for a period equal to the 13. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under
delay. this agreement by discussion between the parties senior representatives of management
If any dispute can not be resolved in this manner,within a reasonable length of time,
5.TERMINATION/SUSPENSION.Either party may terminate this Agreement upon parties a ee to atte
mpt mptmon-binding mediation or any other method of alternative dispute
30 days written notice to the other party. Earth Tech shall pay Subconsultant for all resolution prior to filing any legal proceedings. In the event any actions are brought to
Services,including profit relating thereto,performed in accordance with the requirements enforce this Agreement,the prevailing party shall be entitled to collect its litigation costs
of this Agreement prior to termination. from the other party.
In the event either party defaults in its obligations under this Agreement(including Earth 14. NO WAIVER. No waiver by either party of any default by the other party in the
Tech's obligation to make the payments required hereunder),the non-defaulting party performance of any particular section of this Agreement shall invalidate any other section
may,after 7 days written notice stating its intention to suspend performance under the of this Agreement or operate as a waiver of any future default,whether hie or different in
Agreement if cure of such default is not commenced and diligently continued,and failure character.
of the defaulting party to commence cure within such time limit and diligently continue,
suspend performance under this Agreement 15.NO THIRD-PARTY BENEFICIARY.Nothing contained in this Agreement,nor
the performance of the parties hereunder,is intended to benefit,nor shall inure to the
Subconsultant will,upon written notice from Earth Tech,suspend performance under this benefit of,anythird a
Agreement. In such event,Subconsultant will resume performance party,including Client's contractors,if any.
upon written notice
from Earth Tech and an appropriate extension of time will be mutually agreed upon and 16. SEVERABILITY. The various terms,provisions and covenants herein contained
added to Subconsultant's time of performance. shall be deemed to be separate and severable,and the invalidity or unenforceability of
any of them shall not affect or impair the validity or enforceability of the remainder.
6. COORDINATION WITH OTHER CONTRACTORS. Subconsultant
understands that other contractors may be engaged by Client or Earth Tech to perform 17. AUTHORITY. The persons signing this Agreement warrant that they have the
services for the Project Subconsultant shall perform Services in manner,sequence and authority to sign as,or on behalf of,the party for whom they are signing.
timing to coordinate with services provided by such other contractors.
18. NOTICES. Any notice required hereunder shall be sent to the business address
7. INSURANCE. Subconsultant shall maintain insurance coverages and performance designated on the signature page of this Agreement and shall be deemed served if sent by
and payment bonds of the same type and with the same limits as required under the Prime registered or certified mail or hand-delivered to an offic er or authorized representative of
Agreement Minimum insurance requirements shall be as follows: the party to whom the notice is directed.
Comprehensive General Liability $1,000,000 occurrence/aggregate 19. INCORPORATION OF PRIME AGREEMENT. Subconsultant agrees to be
Automobile Liability $1,000,000 occurrence/aggregate bound by the Prime Agreement or selected portions thereof which is/are attached to this
Worker's Compensation/Employers Liability Statutory Agreement and incorporated by reference herein. Specifically,and without limitation,for
Professional Liability $1,000,000 occurrence/aggregate
Umbrella Liabilit projects subject to the Federal Acquisition Regulations(FARs),Subconsultant agrees to
Y $2,000,000 occurrence/aggregate comply with all applicable sections of the FARs. In the event the Prime Agreement limits
Earth Tech's liability to the Client,Subconsultant's liability to Earth Tech under this
Earth Tech shall be named as an additional insured on the first two policies referred to Agreement shall be limited to the same extent.
above. Certificates evidencing such coverage will be provided to Earth Tech with the
executed copy of this Agreement providing for 30 days written notice to Earth Tech prior
1.,WOMADMINWGRE!'Se W,WEICOMW TC t 1.95
Attachment A
Economic Development and Land-Use Planning
These tasks include two land-use and economic development planning activities associated with the U.S. 63
improvements as well as a public participation and management task.
Task 29:Planning Activities Associated with the Roadway Design
Task 29.1:Intersection Analysis
This task involves the creation of a development plan for each intersection along the Highway 63 corridor from
Franklin Street to Donald Street.Reconfigured accessibility and land use patterns caused by the new roadway
design will be considered in order to provide land use recommendations for each intersection along the Highway
63 corridor.Recommended land uses and site development opportunities will be supported with proposed zoning
changes and recommended design guidelines and access improvements. Specific tasks indude:
• Site review of properties at intersections
• Analyze new development opportunities for all intersections along the new roadway
• Provide development and land use recommendations for intersections
• Incorporate intersection development into surrounding neighborhood revitali>ation
Deliverables:Intersection Analyrir and Planned Land Use Map forintersections
Task 29.2:Housing Infill Analysis
This task provides recommendations for underutilized properties throughout the Highway 63 Corridor.
Vandewalle&Associates will work with the City to prioritize vacant properties for assembly and redevelopment
in under-developed neighborhoods.Specific tasks include:
• Site review of vacant properties
• Prioritize sites for assembly or redevelopment
• Provide a framework for development of design guidelines
• Assist in identifying and coordinating state and federal sources of funding
Deliverables:Housing Condition Analysis and Implementation Plan
Task 29.3:Neighborhood Revitalization
This task includes an analysis of redevelopment feasibility in neighborhoods throughout the Highway 63 Corridor
Plan.Neighborhoods that were affected by the original Highway 63 will be connected back into the community.
Implementation strategies will be created based on original Corridor Plan recommendations,public involvement
and continued design development.Specific tasks include: .
• Identify parcels for assembly,redevelopment or rehabilitation
• Identify priority public improvements
• Identify safe crossings of the Highway 63 Corridor
• Conduct a building conditions analysis
• Create site plans to lay a vision for redevelopment
• Identify a plan to attract developers
• Work with Public Involvement Unlimited to facilitate discussions with property owners,neighborhood
institutions and the City of Waterloo
• Coordinate the signage and wayfinding program with neighborhood redevelopment areas
• Coordinate transit opportunities with neighborhood redevelopment areas
Neighborhood revitalization areas may include the 4th Street Neighborhood District,Chamberlain Site,
Downtown North residential areas and the Highway 63 commercial area between Arlington and Esther
Streets.
Deliverables:Building Conditions Analysis,Site Concept Plans,Implementation Strategies
Task 30: Planning Implementation Associated with the Roadway Design
Under this task,the consultant team will provide plan implementation assistance for potential development sites in the
Highway 63 Corridor planning area.Assistance could indude reviewing proposals and guiding new development to
coincide with the revitalization vision set forth in the Highway 63 Corridor Plan.Specific tasks may include:
• Review and interpret zoning ordinances,design guidelines,and development standards for redevelopment
projects
• Prepare concept and schematic plans and help determine economic impact expectations for public and
private redevelopment projects
• Assist in the coordination of the preparation of bid documents for public and private redevelopment projects
• Assist in the coordination of the design of project site improvements in concert with developers and
architects including schematic design and preliminary cost estimates,environmental site analysis,specification
of site amenities,site access and circulation,and architectural programming
• Assist in the design review for private redevelopment projects to ensure a complimentary"fit"with the vision
set forth in the Highway 63 Corridor plan
Areas in which assistance may be provided include the Allen Medical Campus,Logan Plaza,and areas closer to
downtown.
Deliverables:Implementation Reports and Schematic Plans
Public Participation
Vandewalle&Associates will attend up to six public meetings to present recommendations for land use and economic
development related issues.Vandewalle&Associates will also assist co-consultants in developing public participation
strategies.
Project Management,Coordination and Meetings
Vandewalle&Associates will coordinate internal project management throughout the project development,including
intra-office meetings,project scheduling,and day-to-day administrative tasks.Additionally,Vandewalle&Associates
will coordinate with the lead consultant,co-consultants,City of Waterloo,and other area agencies.The Vandewalle&
Associates staff will attend bi-monthly consultant work sessions and project meetings at the request of the lead
consultant.
Vandewalle&Associates will coordinate proposed Highway 63 design improvements with existing downtown
planning initiatives and work with the co-consultants to coordinate streetscape elements with the vision set forth in
the first phase of the Highway 63 Corridor Plan.
Attachment B
U.S. Highway 63 Improvements
U.S. 218 to Donald Street
Waterloo, Iowa
Initial Design Phase
Cost Analysis
Vandewalle & Associates
I. Labor Costs
Category Hours Rate/Hour Amount
Principal Planner 74 $220.00 $16,280.00
Associate Planner 332 $55.00 $18,260.00
GIS Specialist 62 $46.00 $2,852.00
Communications Specialist 70 $56.00 $3,920.00
Principal Designer 136 $166.00 $22,576.00
Associate Designer 332 $67.00 $22,244.00
Subtotal Labor 1006 $86,132.00
II. Expense Costs
Category Units Rate/Unit Amount
Charter Flights Site Visit 3 $1,000.00 $3,000.00
Charter Flights Presentatioi 10 $1,350.00 $13,500.00
Auto Rental 13 $70.00 $910.00
Meals Lunch 24 $10.00 $240.00
Meals Dinner 22 $15.00 $330.00
Reproduction Units 238 $12.00 $2,856.00
Presentation Boards 35 $18.00 $630.00
Color Copies 11 x 17 400 $1.65 $660.00
Subtotal Expenses $22.126.00
III. Total Estimated Costs $108,258.00
Rounded $108,300.00
IV. Contingency $11,700.00
V. Maximum Amount Payable $120,000.00
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