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
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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.
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