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HomeMy WebLinkAbout2019-12-16-J01L Major Street Plan Update Contract AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 16, 2019 AGENDA ITEM: Consideration of approval of a resolution Agreement for Professional Consulting Services with Snyder & Associates [Major Streets Plan Update Project] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City Council recently adopted the Imagine Waukee 2040 Comprehensive Plan, which included implementation strategies for elements identified within the plan. One of the implementation elements was to update the City’s Major Streets Plan and street design standards as well as prepare neighborhood traffic calming policies and guidelines. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $35,600.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff has coordinated with Snyder & Associates related to a scope of services that will include an update to the Major Streets Plan, an update to the street design guidelines and a traffic calming design toolkit. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Proposed Agreement for Professional Consulting Services PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1L THE CITY OF WAUKEE, IOWA RESOLUTION 19- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKEE AND SNYDER & ASSOCIATES INC. [MAJOR STREETS PLAN UPDATE PROJECT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City Council adopted the Imagine Waukee 2040 Comprehensive Plan on April 1, 2019; AND, WHEREAS, the Imagine Waukee 2040 Comprehensive Plan included a recommendation to update the City of Waukee Major Streets Plan as well as to create strategies for traffic calming within neighborhoods; AND, WHEREAS, Snyder & Associates Inc. has prepared a scope of services that includes an update to the Major Streets Plan, street design guidelines update and traffic calming design guidance; AND, WHEREAS, the professional services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between the City of Waukee and Snyder & Associates, Inc. [Major Streets Plan Update Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of December, 2019. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES STREET DESIGN GUIDES PROJECT This Agreement is made and entered into this ____ day of ____________, 2019, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Snyder & Associates, Inc., 2727 SW Snyder Blvd., Ankeny, Iowa, 50323 (Fed. ID #42-1379015), a professional corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant A. Project Administration $6,800 B. Major Streets Plan Update $7,700 C. Street Design Guidelines Update $8,900 D. Traffic Calming Design Guidance $12,200 TOTAL $35,600 (Hourly Rate + Expenses) B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 2 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, property damage, and lost income. Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel. Consultant shall file applicable insurance certificates with the City, and shall also provide evidence of the following additional coverage. B. The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C. The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D. The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice within five (5) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. 3 E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5. NOTICE Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Snyder & Associates, Inc. Attn: Brad Deets Attn: David N. Moeller Title: Development Services Director Title: President Address: 204 W. Hickman Road Address: 2727 SW Snyder Blvd. City, State: Waukee, IA 50263 City, State: Ankeny, IA 50323 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 4 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(6) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A. The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. 5 B. The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when feasible to do so. The Consultant's liability for use of the sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall be limited to the Project. 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person 6 other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E. The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall 7 cause any sub-consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE By: ________________________________ By: __________________________ Name: David N. Moeller, P.E. William F. Peard, Mayor Title: President______________ 8 ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessar y to complete analysis and design for the project. I. GENERAL The City of Waukee recently completed the Imagine Waukee 2040 Comprehensive Plan that included several action items related to the improvement of the transportation system throughout the City. Additionally, the City Council and City Staff continue to field traffic concerns from citizens that live on various streets throughout Waukee. This project will include an update to the Major Streets Plan, an update to the street design guidelines for various street types, and the development of traffic calming design guidance for collector streets and local (residential) streets. The final deliverable for this project will include tools for members of City Council and City Staff to reference when needed. II. BASIC SERVICES A. Project Administration a. Monthly progress reports to the City. b. Monthly invoices. c. Project coordination with the City, Iowa DOT, and the Des Moines MPO. d. Meetings (4 meetings anticipated) i. Kick-off Meeting with City Staff ii. Meeting with City of Waukee Emergency Responders 1. Collect feedback regarding various street design elements, primary response routes, etc. iii. Review of preliminary documents iv. Review of final documents e. City Council presentation f. Data Collection i. Existing GIS mapping data ii. Imagine Waukee 2040 Future Street Network Mapping iii. Current Federal Functional Classification Mapping (Iowa DOT / Des Moines MPO) iv. Existing City of Waukee documentation that includes or references street design guidance 9 B. Major Streets Plan Update The Major Streets Plan will be updated considering the previously developed mapping described in A.f. and refined to complete the street network to include Interstate / Primary Highways, Major and Minor Arterials, Major and Minor Collectors, and Local Streets. Deliverables will include an updated Major Streets Plan in GIS and .pdf format with supporting documentation to describe the functionality of the street types. C. Street Design Guidelines Update The street design guidelines will be updated according to the street types described above. The guidelines will utilize the Iowa Statewide Urban Design and Specifications as well as other nationally recognized design guid ance to develop design standards to accommodate safe and efficient use of streets by users of all ages and abilities. This task supports Action Step TM A 1.1 and TM A 1.2 in the Imagine Waukee 2040 Plan. Deliverables will include a new set of street design guidelines, including graphic interpretations of the street type cross sections, to be used by City Staff. D. Traffic Calming Design Guidance Design guidelines will be developed for various degrees of traffic calming for the Major and Minor Collector Street network as well as the local (residential) street network. Guidelines will be developed for both retro-active solutions as well as pro- active solutions that could be considered with the construction of new facilities in the future. Associated costs will be developed for the various degrees of traffic calming solutions for use in planning and prioritization by City Staff. This task supports Action Step TM A 4.2 in the Imagine Waukee 2040 Plan. Deliverables will include a guidance document, including graphic interpretations of the various degrees of traffic calming, to be used by City Staff. 10 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Notice to Proceed 12/16/19 Kick-Off Meeting 1/13/20 (week of) Meeting with First Responders 1/20/20 (week of) Preliminary Document Review Meeting 3/2/20 (week of) Final Document Review Meeting 3/30/20 (week of) City Council Presentation April 2020 11 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2019-2020 STANDARD HOURLY RATE SCHEDULE REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.58 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice. 4. All other direct expenses will be invoiced at cost.