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Home My WebLink AboutSUBCONSULTANT SERVICES - RDG IA INC D/B/A RDG PLANNING & DESIGN EarthTech 501 Sycamore Street P 319.232.6531 Suite 222 F 319.232.0271 A tgca International Ltd.Company 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 RDG IA Inc d/b/a RDG Planning&Design("Subconsultant") 301 Grand Avenue Des Moines, Iowa 50309 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"). APPROV D OR BCONSULTANT APPROVED F H TECH By By \i(2eZ Title P/'/nGra( Title Vice President Date c3 "c5/-a 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 preparation of gateway development concepts which will be coordinated with the overall corridor enhancement, 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 II 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. -2- PART III 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: Landscape Architect V $98.50 Landscape Architect II 59.00 Landscape Architect III 50.00 Lead Artist 93.50 PC I 43.50 PA I 84.00 Maximum Amount Payable is the total cost of Fifty-Five Thousand Six Hundred Dollars($55,600.00),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 Four Thousand Dollars($4,000.00)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\RDGUS63Impr.doc -3- PART IV SUBCONSULTANT STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with(a)the upon receipt of such certificates. Annual renewal certificates shall be provided during standard of professional practice ordinarily exercised by the applicable profession at the the term of this Agreement evidencing no reduction in required coverages. time and within the locality where the Services are performed,and(b)applicable laws and regulations,including,but not limited to,laws and regulations for the protection of 8. INDEMNIFICATION.The Subconsultant agrees,to the fullest extent permitted the environment Subconsultant will,upon notice by Earth Tech,timely re-perform any by law, to indemnify and hold harmless Earth Tech, its officers, directors and non-conforming services without additional compensation. If deficiencies are not employees(collectively,Earth Tech)against all damages,liabilities or costs,including corrected in a timely manner,Earth Tech may cause the same to be corrected and reasonable attorneys' fees and defense costs, to the extent caused by the deduct costs incurred by reason of such deficiency from Subconsultant's compensation, Subconsultant's negligent erformance ofprofessional services under this Agreement p and,if Subconsultant's remaining compensation is not sufficient to reimburse Earth and that of its subconsultants or anyone for whom the Subconsultant is legally liable. Tech for such costs,recover the same from Subconsultant. The Subconsultant shall not be obligated to indemnify Earth Tech in any manner whatsoever for Earth Tech's own negligence. 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.For some projects involving Earth Tech agrees,to the fullest extent permitted by law,to inderrmify and hold conceptual or process development services,scope may not be filly definable during harmless Subconsultant, its officers, directors and employees (collectively, initial phases. As the Project progresses,facts discovered may indicate that scope Subconsultant)against all damages,liabilities or costs,including reasonable attorneys' should be redefined. Subconsultant will promptly inform Earth Tech in writing of such fees and defense costs,to the extent caused by Earth Tech's negligent performance of situations, and if the facts discovered constitute a material change in Project professional services under this Agreement and that of its subconsultants or anyone for assumptions,the parties shall renegotiate this Agreement as necessary.No payment for whom Earth Tech is legally liable. Earth Tech shall not be obligated to indemnify services beyond those described in the original scope will be authorized without a Subconsultant in any manner whatsoever for Subconsultanfs own negligence. written amendment to this Agreement. 9.PROPRIETARY INFORMATION.Information relating to the Project,unless in 3.SAFETY.Subconsultant shall establish and maintain programs and procedures for the public domain,shall be kept confidential by Subconsultant and shall not be made the safety of its employees. Subconsultant shall also comply with safety programs and available to third parties without written consent of Earth Tech. procedures governing the Project site. Unless specifically set forth in this Agreement, Earth Tech specifically disclaims any authority or responsibility for general job site 10.INDEPENDENT CONTRACTOR.Subconsultant is an independent Contractor safety and safety of persons other than Earth Tech employees. and will maintain complete control of and responsibility for its employees,agents, methods, and operations. Nothing contained in this Agreement will create any 4.DELAYS.If events beyond the control of Subconsultant,including,but not limited contractual relationship between Client and Subconsultant to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or the public enemy,and act or regulation of any government agency,result in delay to any schedule 11.AMENDMENT.This Agreement,upon execution by both parties hereto,can be established in this Agreement,such schedule shall be extended for a period equal to the amended only by a written instrument signed by both parties. delay. 12. ASSIGNMENT/SUBCONTRACTING.Except for assignments(a)to entities 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement which control,or are controlled by,the parties hereto or(b)resulting from operation of upon 30 days written notice to the other party. Earth Tech shall pay Subconsultant for law,the rights and obligations of this Agreement cannot be assigned or subcontracted all Services, including profit relating thereto, performed in accordance with the by either party without written permission of the other party.This Agreement shall be requirements of this Agreement prior to termination. binding upon and inure to the benefit of any permitted assigns or subcontractors. In the event either party defaults in its obligations under this Agreement(including 13. DISPUTE RESOLUTION.Parties shall attempt to settle disputes arising under Earth Tech's obligation to make the payments required hereunder),the non-defaulting this agreement by discussion between the parties senior representatives of management party may,after 7 days written notice stating its intention to suspend performance under If any dispute can not be resolved in this manner,within a reasonable length of time, the Agreement if cure of such default is not commenced and diligently continued,and parties agree to attempt non-binding mediation or any other method of alternative failure of the defaulting party to commence cure within such time limit and diligently dispute resolution prior to filing any legal proceedings. In the event any actions are continue,suspend performance under this Agreement brought to enforce this Agreement,the prevailing party shall be entitled to collect its litigation costs from the other party. Subconsultant will,upon written notice from Earth Tech,suspend performance under this Agreement. In such event,Subconsultant will resume performance upon written 14. NO WAIVER.No waiver by either party of any default by the other party in the notice from Earth Tech and an appropriate extension of time will be mutually agreed performance of any particular section of this Agreement shall invalidate any other upon and added to Subconsultant's time of performance. section of this Agreement or operate as a waiver of any future default,whether like or different in character. 6. COORDINATION WITH OTHER CONTRACTORS. Subconsultant understands that other contractors may be engaged by Client or Earth Tech to perform 15. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, services for the Project. Subconsultant shall perform Services in manner,sequence and nor the performance of the parties hereunder,is intended to benefit,nor shall inure to timing to coordinate with services provided by such other contractors. the benefit of,any third party,including Client's contractors,if any. 7.INSURANCE.Subconsultant shall maintain insurance coverages and performance 16.SEVERABILITY.The various terms,provisions and covenants herein contained and payment bonds of the same type and with the same limits as required under the shall be deemed to be separate and severable,and the invalidity or unenforceability of Prime Agreement. Minimum insurance requirements shall be as follows: any of them shall not affect or impair the validity or enforceability of the remainder. Comprehensive General Liability $1,000,000 17. AUTHORITY. The persons signing this Agreement warrant that they have the occurrence/aggregate authority to sign as,or on behalf of,the party for whom they are signing. Automobile Liability $1,000,000 occurrence/aggregate 18. NOTICES. Any notice required hereunder shall be sent to the business address Worker's Compensation Employers Liability Statutory designated on the signature page of this Agreement and shall be deemed served if sent Professional Liability $1,000,000 by registered or certified mail or hand-delivered to an officer or authorized occurrence/aggregate representative of the party to whom the notice is directed. Umbrella Liability $2,000,000 occurrence/aggregate 19. INCORPORATION OF PRIME AGREEMENT.Subconsultant agrees to be bound by the Prime Agreement or selected portions thereof which is/are attached to this Earth Tech shall be named as an additional insured on the first two policies referred to Agreement and incorporated by reference herein. Specifically,and without limitation, above. Certificates evidencing such coverage will be provided to Earth Tech with the for projects subject to the Federal Acquisition Regulations(FARs),Subconsultant executed copy of this Agreement providing for 30 days written notice to Earth Tech agrees to comply with all applicable sections of the FARs. prior to cancellation or modification. Payment to Subconsultant will be contingent m.:\woaKwomImncneesAvesUecoNsurVanc.m o„o ATTACHMENT A RDg•• PLANNING•DESIGN • 12-5-05 PROFESSIONAL SERVICES PROPOSAL PROJECT NAME U.S. Highway 63 Improvements U.S. 218 To Donald Street Waterloo, Iowa PROJECT ENGINEER/CLIENT Earth Tech Transportation Services (ET) 501 Sycamore Street, Suite 222 PO Box 1497 Waterloo, IA 50704 LANDSCAPE ARCHITECT RDG Planning & Design (RDG) 301 Grand Avenue Des Moines, IA 50309 Project Principal: Richard E, Gardner, ASLA Project Manager: Jesse W. Lewis. ASLA Project Landscape Architect: Laura A. Hawks, ASLA Lead Project Artist: David B. Dahlquist LANDSCAPE ARCHITECT SCOPE OF SERVICES PART I: GENERAL DESCRIPTION A. GATEWAY DEVELOPMENT CONCEPTS FOR THE U.S. HIGHWAY 63 ENHANCEMENT MASTER PLAN RDG will prepare two (1) gateway development concepts which will include public art concepts for each gateway. The conceptual design of the gateways will be will be coordinated with the overall corridor Enhancement Master Plan and the enhancement plans for the . city's riverfront development project and other downtown enhancement plans. B. GATEWAY DEVELOPMENT CONCEPTS will be based upon the following: 1. Conceptual design improvements as described in the: HIGHWAY 63 Planning Study Report (February 2005) ; "Turn Roadway to Opportunity Highway 63 Corridor Plan" (October 2004) ; the "Cedar Valley River Renaissance Preliminary Design Report"; and other reports prepared by or for the City for adjacent downtown areas. 2. Contract Period: 12 months. 3. Contract Scope: As described in Part II RDG Planning&Design 301 Grand Avenue Tel 515.288.3141 Des Moines,Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc U.S. Highway 63 Improvements U.S. 218 To Donald Street Waterloo, Iowa page 2 4. Coordination of services and deliverables with Earth Tech and Craig Ritland Landscape Architects (CRLA) . PART II: PHASE 1 SCOPE OF SERVICES: Task 1. Survey and Base Mapping. .1 Review survey and base map information to ensure that pertinent data is provided in order to generate master plan, gateway and railroad underpass landscape enhancements. Review proposed Right of Way areas at gateways to ensure sufficient space for Gateway Elements. .2 Project coordination and communications with Earth Tech Task 2. Traffic and Operational Analysis .1 Review traffic and operational analysis design requirements to accommodate projected traffic in relation to gateway sites. .2 Project coordination and communications with Earth Tech Task 3. Evaluation of Design Alternatives. .1 Review final recommendations for intersection/interchange layouts, turning lane requirements and lengths, typical cross sections, roadway centerline locations, pedestrian and bicycle way accommodations, traffic control requirements, and other design details. .2 Project coordination and communications with Earth Tech Task 4. Environmental Documentation. .1 Review all environmental documentation and studies as they pertain to gateways and underpass enhancements. - Not Included .2 Project coordination and communications with Earth Tech - Not Included • Task 5. GATEWAY DEVELOPMENT CONCEPTS / ENHANCEMENT MASTER PLAN. .1 Grading Enhancements: .1 Coordinate and where appropriate incorporate master plan grading concepts with gateway development concepts. .2 Retaining Wall Enhancements / RR Bridge Abutment Enhancement Concept .1 Site reconnaissances .2 Project meetings included under Tasks 8, 9 and 10 .3 Prepare base map and coordinate drawings .4 Develop theme and conceptual design. .5 Develop drawing elevations, perspective sketch, and plan view .6 Prepare cost opinion. .7 Present plans .8 Revise plans per Client's comments .9 Final presentation RDG Planning&Design 301 Grand Avenue Tel 515.288.3141 Des Moines,Iowa 50309 Fax 515.288.8631 www.rdgusa.cor RDG IA Inc 'S410 U.S. Highway 63 Improvements U.S. 218 To Donald Street Waterloo, Iowa page 3 .3 Decorative Paving Details .1 Coordinate master plan ideas and where appropriate incorporate master plan concepts with development concepts for the gateways. .4 Pedestrian and Bikeway Amenities .1 Coordinate master plan ideas and where appropriate incorporate master plan concepts with development concepts for the gateways. .5 Lighting .1 Coordinate master plan ideas and where appropriate incorporate master plan concepts with development concepts for the gateways. .6 Signing and Wayfinding .1 Coordinate master plan ideas and where appropriate incorporate master plan concepts with development concepts for the gateways. .7 Landscaping and Irrigation Concepts .1 Coordinate master plan ideas and where appropriate incorporate master plan concepts with development concepts for the gateways. .8 Gateway Concepts for One (1) Site (Hwy 218/63 Interchange .1 Site reconnaissances .2. Project meetings included under Tasks 8, 9 and 10 .3 Prepare base map and coordinate drawings .4 Develop theme and conceptual design. .5 Develop drawing elevations, perspective sketch, and plan view .6 Prepare cost opinion. .7 Present plans .8 Revise plans per Client's comments .9 Final presentation .9 Artistic Design Concepts for One (1) Site (Hwy 218/63 Interchange) .1 Site reconnaissances .2 Project meetings included under tasks 8, 9 and10. .3 Consultant team design charrette. .4 Design. .5 Cost opinion .6 Presentation graphics .7 Final presentation RDG Planning&Design 301 Grand Avenue Tel 515.288,3141 Des Moines,Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc U.S. Highway 63 Improvements U.S. 218 To Donald Street Waterloo, Iowa page 4 Task 6. Preliminary and Final Design. .1 Preliminary Design: not included .2 Final Design: not included .3 Bid Period Services: not included .4 Contract Administration Services: not included. .5 Construction Period Services: not included. Task 7. Planning Activities .1 Review planning work pertinent to project scope, and prior to beginning "Enhancement Plans" .2 Coordinate with Earth Tech and Vandewalle regarding recommendations. Task 8. Public Involvement Activities. .1 Prepare for and attend General Task Force Meetings (3) .3 Prepare for attend and participate in a design charrette conducted by CRLA (1) Task 9. Project Coordination .1 Initial project meeting (1) to be included during charrette .2 Attend project coordination and design review meetings (8) Task 10. Project Administration and Meetings .1 Coordination and design meetings - Internal (24) .2 Project administrations PART III: DELIVERABLES: 1. Nine (9) Trips to Waterloo (5 meetings with consultant team, 3 meetings with task force, 1 charrette) 2. Conceptual Plan View (Presentation Graphic Quality) for one Gateway Site 3. Illustrative Perspective for one Gateway site. 4. Conceptual Plan View for Railroad Overpass Enhancements 5. Illustrative Perspective of Railroad Overpass Enhancements 6. Deliverables 2, 3, 4, and 5 to be presented along with CRLA master plan work as one "Highway 63 Enhancement Master Plan" package. Graphics will be provided to the client in a digital file format for client public relations and marketing purposes. PROJECT ENGINEER/CLIENT RESPONSIBILITIES: 1. Furnish all historical data; existing conditions mapping, topographic and boundary survey mapping, and all other site data and mapping required for the preparation of PRELIMINARY DESIGN documents. 2. Furnish topographic and boundary mapping for the preparation of PRELIMINARY DESIGN. RDG Planning&Design 301 Grand Avenue Tel 515.288.3141 Des Moines,Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc • U.S. Highway 63 Improvements U.S. 218 To Donald Street Waterloo, Iowa page 5 3. Furnish the services of special consultants (civil, structural, electrical, soils, hydraulic, platting, etc.) , if required beyond the Scope of Services proposed herein. 4. Furnish the services of a soil engineer when such services are deemed necessary. 5. Furnish interpretation of all historical, archaeological and wetland survey data. 6. Furnish interpretations of all required structural, mechanical, chemical, and other tests, inspections, and reports. 7. Furnish legal, accounting, and insurance counseling services as may be necessary for the project. 8. Assemble, prepare and publish all final PRELIMINARY DESIGN documents and all required submittal documentation to include site data mapping, base mapping, meeting notes and meeting minutes, construction plans, specification and opinions of probable cost. 9. Furnish project administration services and execute all necessary services contracts. End of Scope 253.48_100405_Scope.doc JWL/LAH/jwl RDG Planning&Design 301 Grand Avenue Tel 515.288.3141 Des Moines,Iowa 50309 Fax 515.288.8631 www.rdgusa.corn RDG IA Inc '4040 Attachment B U.S. Highway 63 Improvements U.S. 218 to Donald Street Waterloo, Iowa Initial Design Phase Cost Analysis RDG Planning & Design I. Labor Costs Category Hours Rate/Hour Amount Landscape Architect V 99 $98.50 $9,751.50 Landscape Architect II 169 $59.00 $9,971.00 Landscape Architect III 112 $50.00 $5,600.00 Lead Artist 220 $93.50 $20,570.00 PC I 24 $43.50 $1,044.00 PA I 24 $84.00 $2,016.00 Subtotal Labor 648 $48,952.50 II. Expense Costs Category Units Rate/Unit Amount Mileage 2360 $0.445 $1,050.20 Meals 16 $10.00 $160.00 Phone & Fax $480.00 Printing $140.00 Presentation Materials $860.00 Subtotal Expenses $2,690.20 III. Total Estimated Costs $51,642.70 Rounded $51,600.00 IV. Contingency $4,000.00 V. Maximum Amount Payable $55,600.00