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HomeMy WebLinkAbout2017-01-30-Resolutions 17-049_Joint Park-High School Facility - Engineering Agr - Survey and Topographic ServicesTHE CITY OF WAUKEE,IOWA RESOLUTION 17-049 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKEK AND BISHOP ENGINEERING [SCHOOL AND RECREATION COMPLEX SURVEY AND TOPOGRAPHIC SERVICES] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'3 UKEE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the City is in the process of acquiring property for a shared campus for the Waukee Community School District and a recreational complex;AND, WHEREAS,City staff recommends retaining the services of Bishop Engineering,for additional survey and topographic services related to the master planning process;AND, WHEREAS,the professional services agreement has been reviewed and approved by the Waukee City Attorney. NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between the City of Waukee and Bishop Engineering [School and Recreation Complex],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 30'"day of January 2017. illiam F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon VACANT AYE X X X X NAY ABSENT ABSTAIN AGRI."EMlrN'I"Ir014 I'140FKSSIONAI,CONSUI,TING Sl.'RVICKS This Agreement is made and entered into this 36 day ol'lanuary,2017,by and between City of Waukee,a municipal corporation.hereinafter rcferrecl to as "City,"and Bishop Engineering, pm.ty ol the second part,hereinafter referred to as "Consultant"as follows: f1 IE CITY IIEREBY AGRI'.ES TO RE I'AIN TIIE CONSUI,'I'AN'I'FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO Pi'!RlrOI&M TIIE PROFESSIONAI.SERVICES AND FURNISH THE NECFSSARY DOCUivlENTATION I'OR THII PI&OJECT AS CILNERALLY DESCRFBED IN THIS AGREEMENT. 1.SCOPE Olr SERVICES Services provided under this Agreement shall be as further described in Attachment I,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 thc 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 Task I:Boundary and Topographic Survey v ith Utilities. Total:$28,500 B.Thc 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.I'inal payment shall be due arul payable within 30 days of the City's acceptance of Consultant's submission of fmal delivcrablcs in accordance with the Scope of Services. C.In consideration of the compensation paid to the Consultrmt,the Consultant agrees to perform all professional services to the satisl'action of the City by perfomsing the professional services in «i manner consistent whh &liat deg&ree ol'oil&'c and skill obli&la&'ily exercised by members ot Consultant's profession currently practicing undra similar circumstances.If thc performance of this Agreement involves the services of others or the lurnishilig of.equipment,supplies.or materials.the Consultant agrees to pay for thc same in full. 4.INSIII~AiqCE 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 sulTiciently proteci 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 Consultmt's personnel,Consultant shall file applicable insurance certificates with the City,and shall also provide evidence of the I'ollowing additional coverage. 13.The Consultant shall provide cvidcnce of comprehensive general liability coverage and contrachial 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 injuiy and/or deatlu and $1&000,000 for each propc&dy 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.retuni receipt requested. C.Thc Consultant shall also provide evidence of automobile liability coverage in the limits olat 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 canccllcd 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 v,ritten notice within five (5)days by registered mail,return receipt requested of the cancellation or material alteration ol'thc professional liability policy. E.I'ailure of Consult&nit to maintain &niy of the insurance coverages set forth above shall constitute a nraterial breach of this Agreement. 5.NO1'I C I! Any notice to the parties required under this agrcemcni shall be in writing,delivered io ihc I'icl'soll designated below,by United States inail or in hancl delivery,at the indicated address unless otherwise designated in writing. I'OR 'I'I IE CITY:I'OR THE CONSUL'I ANT: Nau:C~it f W k Attn:Brad Deets 'I'itic:Develo ment Services Director Address:230 W.Ilickmali Road City,State:Waukee IA 50263 Nau:I~lb Attn:David Benix Title:Vice President Address:3501 104'"Street City,State:Urbandale,IA 50322 6.GENERAI.COMPLIANCE ln thc conduct of thc professional services contemplated hereunder,the Consultant shall comply witli applicable slate,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 commenccmtnit of work.including any professional licenses ncccssary to perform work within thc State ol'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 noi City employees.Consultant shall bc 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 prolcssional services specified herein.whether ii 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,unemploymcnt.,worl'er's compensation.retirement,or any other benefits wltatsocver, N()N-DISCRIMINA'I'ION Consult&mt will not discriminate against any employcc of applicant for employmcnt 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 'tllat eniployces are treated,rlurin&g employment.without regard to their race,color.scx, or national origin,religion,agc,handicap,or veteran status.Consultant will coopraate with the City in using Consult&nit's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreeinent. 10.I-IOLD HARMLESS Consultant agrees to indemnify and hold ll'cll'Ililess the City,its oflicers,agents,and employees from any and all claims,settlements and judgments,to include all reasonable investigative fees.attoniey's I'ees,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 sinvices 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 FTJNDS The I'unds appropriated for this Agreemcnt are equal to or exceed the compensation to be paid to Consuitallt.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 contiiuicd 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 Consultattt.'I'o the greatest extent allowed by law,the City shall compensate Consultant as provided in Section 18(6)of this Agreement. 13.AUTI IORIZED AMENDMENTS TO AGRLEMFNT A.The Consultant aml the City acl nov&ledge and agree that no amendment to this Agreement or other form,order or directive may be issued by the City which requires additional compinisable 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 writtcll asslll'ance by the City that lawl'ul appl'opl'lation to cover the costs of the additional work has been made. II.The Consultant ancl the City lurtllct'riel&»owlcrlgc alld agree tllat iso alnendl11ent io ihts Agreement or other form,order or directive which requires additional compensable work to bc perlormcd under this Agrccmeni shall be issued by the City unless I'unds are avatlable to pay such arlditional costs.and the Consultant sllall ltot be entitled to all) additional compensation I'or any additional compensablc work performecl under this Agreemcnt.The Consultant expressly vraives any right to additional compensation. whether in law or equity,unless prior to commencing the additional v:ork the Consultant was given a written amendrncnt.order or directive clescribi»g ihe additional compensable work to be performed and setting forth the amount of conlpcnsation to be paid,such amendment order or directive to be signed by the authorized City representative.It is thc Consultant's sole responsibility to know,determine,and ascertain the authority of ihe City representative signing any amendment,directive or order. 14.OWNERSFIIP OI CONSIJI.TING DOCUMENTS All sketches,tracings,plans,speciltcations,reports,and other data prepared under this Agreement shall bccomc the property of the City",a reproducible sei shall be delivered to the City at no additional cost to the City upon completion of the plans or termination ol'the services of'the Consultant.All drav;ings and data shall be transmitted in a durable material, with electronic fiies 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 bc limited to the Project. 15.INTERPI&TA fION No amendment or modification of this Agreement shall be valid unless expressed in v:riting 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 jiu'isdiction of the district court for Dallas County,Iowa. I b.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 colnpliance, 17.SOI,ICITA'I'ION AND I'I'131&()I(INDIAN(.'I; 'I'hc Consultant warrants that it has not employed or retaillcd any contloany ol persol1, other than a bona litle cmploycc v&orking for the Consultant,to solicit or secure this Agreetuent,and thai the Consultant has not paid or agreed to pay any company or person other than a bona fide employee,any I'ee,commission,percentage.brokerage I'ee,gift or contingent fee, I3.The Consultant sI1&nII not engage the services ol'any person or persons in the employ ol' the City at thc time of commencing such services without ihe written consent of the City. 18,SUSPENSION AND TERMINATION OF AGI3EEMEN1' The right is reserved by the City to suspend this Agreement at any time.Such suspension may be effected by the City g&iving written notice to the Consultant.and shall be effective as of the date established in ihe 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 thiny (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. 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 Consuhant malce it impossible or against the City's interest to complete the Agreement.In suc11 case,ihe Consultant shall have no claims against the City except for the value of the work performed up io the date the Agreement is terminated. The City may also terminate this Agreemcnt at any time if it is found that the Consultant. has violated any material tcrtn or condition of ibis 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 ien (10) days written notice to the Consultant of the City's intent to ternunate the A&&reement. Consultant shall have ten (10)days fiom notification to remedy the conditions constituting the default. In the event that this Agreement is terminated in accordance with paragraph C ol'this section,the City may take possession of any work and ntay 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 noi been terminated and work completed in accordance with contract documents. The Consultant lnay terminate this Agreement if it is found that the City has viol&tted any material term or condition of this Agrccmeni.ln the event of such dcfBult by the City,the Consultant shall give tcn (10)days written notice to the City of t.he Consultanps intent to tertniuate the Agreement.City shall have ten (10)days fiona notification to remedy the conditions constituting the default. t 9.I'AXJ;S 'fhc Consultant shall pay all sales and use taxes required to bc paid to the State of Iowa on the work covered by this Agicetuent.Thc Consultailt sliall execute and deliver and shall cause any sub-consultant or subcontractor to execute and deliver to the City ccrtiticates as required to penmt the City to make application for refunds of said sales and use taxes as applicable.Thc City is a municipal corporation and not subject to state and local tax,use tax, or federal excise taxes. 20.SFVERABILITY It 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 IIEADINGS Title to aidicles,paragraphs,and subparagraphs are for information purposes only slid shall not be considered a substantive part of this Agreement. 22.FURTHFR 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.COI.IN fl',RPARTS 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 whmi taken together shall constitute the same instrument. IN WITNESS WHEREOF,the paries have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY 01'WAUKEE By:Aut t Name: Title:~vs f Wil'li F.'card Mayor A'I"I'ACI IIvIIIN1'I NCOI'Lr OF SFRVIC.'IB) Boundary,Topographic and Utility Survey. 1.0 Bishop Engineering will perform a boundary,topographic and utility survey in accordance with the exhibit below.We will include all boundary work and locate all site improvements,roadways,fences,signs, landscaped areas,buildIngs,drainage courses and all trees 4 incites and larger.We will also locate all utilities from plans and marked by One Call.Bishop Engineering will show any easements shown on the plat or surveys of record and any known easements provided by the owner.We will provide ground elevations to create a one-foot contour interval on the survey. Deliverable:Signed and Sealed Boundary,Topographic and Utility Survey in addition to the following electronic files: -AutoCAD Civil 3D file -LandXML surface file -Raw point file in Excel format A1iTACI IMI!N'I'2 V I(O.I EC1'SCI I I'.DU I,I; fhe time of completion ol'the scope of services under this Agreement shall be as follows: 25 working days aAcr notice to proceed. A'I "I'AC I I M I .NT 3 SCI II:DUI,I!01'FIIFS CONSUI TANT'S 201f)S'I'ANDARI)HOURI Y RATE SCIIKI)UI,E BISIIOP ENGINKlsRING: Principal $175.00 Survey Department Manager $135.00 Civil Fngineer I Civil Engineer II Civil Kngincra III $135.00 $120.00 $100.00 Civil Engineer IV $80.00 Civil Engineer V $70.00 Land Surveyor I Landscape Architect $105.00 $100.00 Survey Coordinator $85.00 Senior Survey Technician $85.00 Survey fechnician I $75.00 CAD Tech I Field Engineer $65.00 $75.00 One Man Survey Crew $100.00 Staking Crew $130.00 Cour1 Testimony/Witness $200.00 Inspector Clerical $80.00 $85.00 REIMBURSABKK EXPENSES l.All materials and supplies used in the performance of work on this project vvill be billed at cost. 2.Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service.Service vehicle mileage rvill be reimbursed on the basis of $0.54 per mile. 3.Charges for outside services such as soils and materials testing,ltscal,legal will be billed at their invoice. All other direct expenses will be invoiced at cost. 10