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HomeMy WebLinkAboutEARTHTECH AGREEMENT - RESOLUTION 2007-972 Ear4-0 thTech 501 Sycamore Street p319.232.6531 Suite 222 F319.232.0271 A t14CG International Ltd.Company Waterloo, IA 50703 www.earthtech.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: FY 2008 Big Rock Road Bridges Replacement with Box Culverts City Contract No. 739 City of Waterloo,Iowa This Agreement is by and between Client City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 and, Earth Tech 501 Sycamore, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 Who agree as follows: Client hereby engages Earth Tech to perform the services described in Part I("Services")and Earth Tech agrees to perform the Services for the compensation set forth in Part III. Earth Tech shall be authorized to commence the Services upon execution of this Agreement. Client and Earth Tech agree that this signature page, together with Parts I-IV and attachments referred to therein,constitute the entire Agreement between them relating to the Project ("Agreement"). APPROVE OR CLIENT APPROVED FOR EARTH TECH By �� By vZ Printed Name k..e g it sG h m i-f f Printed N e Joe Becker Title rhay o c Pra e2 , Title Vice President Date //-/ 9-6-7 Date November 14,2007 PART I EARTH TECH'S RESPONSIBILITIES A. PROJECT DESCRIPTION The existing timber bridges on Big Rock Road over No Name Creek were constructed in the early 1900s and are in need of replacement. The easterly bridge(City Structure No.32)has been restricted to a 3-ton posting based on recommendations from the 2007 bi-annual bridge reviews. The westerly bridge(City Structure No. 31)is also in need of replacement and is beginning to have pile capacity reduction due to deterioration of the timber piles. The east structure crosses a main branch of No Name Creek(Stream 13 in Waterloo Flood Insurance Study),and the west structure serves as an overflow structure for No Name Creek. The City of Waterloo desires to replace these structures in the spring of 2008 due to the above conditions. Replacement structures for the 20-foot timber bridges are planned to be twin reinforced concrete box culverts (RCB)for both locations. Preliminary sizes for these culverts are a twin 10'x4'for the west structure and a twin 10'x6'RCB for the east structure. This project includes the replacement of both No Name Creek structures along with associated channel work. B. SCOPE OF SERVICES Services to be provided under this Agreement include design survey,soil borings,geotechnical engineering report,preliminary design,final design,permit applications,right-of-way activities and construction-related services. The scope of services is further defined by the following tasks: Preliminary Design Task 1 -Data Collection. This task includes collecting and reviewing existing city utility maps,review of the existing plan information,and associated as-built drawings. Task 2-Field Survey and Base Mapping. This task includes field survey and development of base mapping which will be utilized during the preliminary and final design phases of the project. Survey tasks anticipated include setting baseline and bench marks in the field,location of features within the project limits,collection of break lines and spot elevation for a digital terrain model, location of soil borings and selected property corners. In addition,utilities will be located in the field and appropriate measures taken. Task 3 -Wetland Boundary Delineation and Project Impact Review. This task includes a field review to identify and delineate wetland boundaries using currently approved methodology. The wetland delineation and project impacts will be summarized in a report to be submitted to the Corps of Engineers for the project 404 Permit. This task will be completed by Natural Resources Consulting,Inc., as a subconsultant. This task does not include developing a wetland mitigation plan, as the need and scope of the plan needs to be determined first. The wetland mitigation plan may be added as a supplemental agreement, if necessary, depending on the field wetland delineation. -2- Task 4-Geotechnical Engineering. This task includes the field soil borings,lab testing,engineering analysis and fmal report to provide the fmal soils engineering and recommendations for the culvert design.This task will be completed by Terracon Consultants,Inc., as a subconsultant. Task 5 - Conceptual Design of Reinforced Box Culverts. This task includes developing the conceptual design for both culverts. It is anticipated that alternatives will review both cast-in-place and pre-cast options. Also included in this task is the hydraulic sizing and required modeling for the proposed box culverts. The culverts will require Iowa Department of Natural Resources Flood Plain Permits due to the drainage area of No Name Creek. The existing road grade is not planned to be altered. Task 6—Structure Inventory and Appraisal Priority Calculation. This task includes calculating the city bridge priority point system using the Iowa Department of Transportation worksheet. This worksheet is used to assist the Iowa DOT in determining funding for bridge structures. Tasks 7-13 - Preliminary Design of Box Culverts. These tasks include the preparation and submittal of preliminary review drawings for the project. Included are the following plan sheets: Task 7 Title Sheet Task 8 Typical Sections Task 9 General Notes and Estimate Reference Information Task 10 Tabulations, Quantities and Cost Estimate Task 11 Big Rock Road Plan and Profile(Replacement Surfacing for Construction of Culvert) Task 12 Site Plan Task 13 Miscellaneous Detail Sheets Task 14 - Type, Size and Location Drawing. This task includes preparation of a type, size and location drawing for both structures. The fmal hydraulic analyses of the structures will also be completed under this task. Final Design Task 15-Final Design of Culverts. This task includes the fmal design of both Big Rock Road culverts. The structures are anticipated to be twin barrel box culverts with headwalls. Tasks 16-22 - Preparation of Final Design Plans. Following Client approval of the preliminary design drawings, work will proceed on the fmal construction drawings for the project. The preliminary design drawings will be updated as necessary, and final construction details will be added. Included are the following plan sheets: Task 16 Update Title Sheet Task 17 Update Typical Sections Task 18 Final General Notes and Estimate Reference Information Task 19 Update Tabulations, Quantities and Cost Estimate Task 20 Final Big Rock Road Plan and Profile Task 21 Situation Plan Task 22 Structural Details -3- Task 23-Quality Control Review. This task includes the quality control review of the plans by senior staff throughout the course of the project including,but not limited to,the significant milestones in the project schedule. Task 24-Final Revisions. This task includes revisions of the final design plans after Client review. Task 25 - Construction Cost Estimate. This task includes preparation of the estimate of probable construction cost for the project. Task 26 - Project Specifications. This task includes preparation of the specifications for the project. Document will include technical specifications, special provisions,general specifications, etc. Task 27 - Printing and Submittals. This task includes printing and submittal of intermediate and final construction plans and other documents. Meetings and Coordination Task 28-Project Meetings and Field Review. A total of two(2)project meetings are anticipated to be held at Waterloo city offices or at the project site. A field review is anticipated with the City prior to completion of the final construction plans. Task 29 - Bidding Activities. This task includes providing information and answering questions from contractors prior to the letting. In addition, this task will include preparing a tabulation of bids after the contract letting. Task 30-Project Administration. This task includes project administration and coordination throughout the project development. The task includes intra-office meetings which will be attended by the project team,as well as general day-to-day administrative tasks and typing of intra-office memoranda. Task 31 - Permit Applications and Agency Coordination. Following Client approval of the preliminary design drawings,permit applications will be submitted to the Iowa Department of Natural Resources(IDNR) for a flood plain permit application and to the U.S. Army Corps of Engineers for a 404 Permit. This task also includes coordination with the IDNR and the U.S.Army Corps of Engineers. Right-of-Way Activities Tasks 32 - 34. These tasks include preparation of right-of-way documents for construction of the culvert improvements. These tasks consist of preparing plats and descriptions for the acquisition of permanent and temporary construction easements. The number of parcels under this task is estimated to be approximately four(4). These tasks also include staking of approximate new right-of-way lines in the field to assist the right-of-way acquisition agents in visualizing the proposed lines. Task 32 Right-of-Way Documents—Permanent Easements Task 33 Right-of-Way Documents—Temporary Construction Easements Task 34 Right-of-Way Staking -4- Construction-Related Services The scope of construction-related services will be determined at the time the services are needed and defined under a future amendment to this Agreement. Construction-related services include construction staking,on- site field review,materials testing,contract administration during construction and setting new right-of-way property pins. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish Earth Tech necessary information/reports, all of which Earth Tech may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to Client requirements for the Project,obtain(with Earth Tech's assistance,if applicable)necessary approvals and permits,attend Project-related meetings,provide interim reviews on an agreed-upon schedule,make decisions on Project alternatives,and generally participate in the Project to the extent necessary to allow Earth Tech to perform the Services. PART III COMPENSATION,BILLING,AND PAYMENT Client shall pay Earth Tech for the Services in accordance with the following: A. COMPENSATION Compensation for the 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 not exceed Thirty-Eight Thousand Dollars($38,000.00)without authorization from the Owner. -5- 1 B. BILLING AND PAYMENT Earth Tech may bill the Client monthly for services completed at the time of billing,with net payment due in 30 days. 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. L:\work\ADMIN\AGREE\PROF\W atBigRockBridgesReplace.doc -6 PART IV STANDARD TERMS AND CONDITIONS i. 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:\WORK\ADMIN\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 1