HomeMy WebLinkAbout2017-09-18-Resolutions 17-453_Alice's Rd Gas Main Relocation - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-453
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
BLACK HILLS ENERGY [ALICE'S ROAD CORRIDOR PHASE 5,GAS MAIN
RELOCATION DESIGN]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,an eight-inch gas transmission main along Alice's Road is in conflict with the
planned location of storm sewer lines associated with the Alice's Road Corridor Phase 5 Project,
SE Olson Drive to NE Horizon Drive;AND,
WHEREAS,Black Hills Energy has provided the City with an Agreement for Professional
Consulting Services related to design services,bid document preparation,project management
services,and construction inspection for the proposed gas transmission main relocation;AND,
WHEREAS,the engineering services agreement,attached hereto as Exhibit A,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 with Black Hills Energy [Alice's Road Conidor
Phase 5,Gas Main Relocation Design]is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the "day of
September,2017.
tlliam F.card,Mayor
Attest:
Rebecca D.Schuett,Ctty Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYK
X
X
X
NAY ABSENT ABSTAIN
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AGREEIvIENT FOR PROFESSIONAL CONSULTING SERVICES
g"Transmission Line Relocation on Alice's Road
City Project No,
This Agreement is made anil entered into this IMday ol l4t .2017.by and between
City ol'%Yankee.a municipal coiporation.hereinafter referred o as "City,"and Black Hills/iowa
Gas Utility Company,LLC rbb&'a Black Hills Energ&y,(Fed.ID g 26-0063351).a Delaware
cotToration incotporated and licensecl under th»laws of the State of lovva.party ol'th«second
part,hereinafter referred to as "Consultant"as I'olloivs:
THE CITY HEREBY AGREES TO RETAIN THE CO&NSULTANT FOR THE PROIECT AS
DESCRIBED IN THIS AGREEMEiNT AND CONSULTANT AGREES TO PERFORM THE
PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATIOi»I FOR
THE PROJFCT AS C&ENERALLY DESCRIBED liN THIS AGREEMENT.
I.SCOPE OF SERVICES
Set»ices 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 fi om the Scherlule shall b»approved by the authoiized
City representative The City agrees that the Consultant is not responsible for delays arising
fiom a change in the scope of set vices,a change in the scale of the Project or delays resulting
from c&uises not directly or indirectly related to the actions of the Consultant.
3.COMPEiNSATION
In consideration of the professional sei»ices provirled herein,the City agrees to pay the
Consultant the follovving sum pursuant to the Schedule of Fees set forth in in Attachment
3'
A.Thc Consultant shall invoice the City monthly for set»ices,any reimbursable expenses
and any approved amendments to this Agreement,based upon services actually
contpleted at the time ol'the invoice.Final payment shall be due and payable within 30
clays nf the City's acc«ptancc of Consultant's submission of final deliverables in
accordance with the Scope ol'Services.
B,In consideration ol'the compensation paid to the Consultant,the Consultant agrees to
perfomt all professional services to the satisfaction of the City by performing the
prof'essional services in a manner consistent with that degree of'care and skill ordinarily
exercised by members ol'Consultant's profession currently practicing under similar
ctlctllnstaltces.If th 'pcrlbrmancc ol tins Agi'ecol&",nt hi)oil'cs the s&.'fvlccs ol'othcl's ol'thc
lurnishin ol'equipmcnt,supplies,ol'n111tel'ials.the Consultant agiees to pay lol'tile saul&.'
in full.
INSI 'RANCE
Consultant understands and agrees that Consultant shall have no right of'coverage
under any'and all esisting or future City con)prchcnslvl.'.self ol'pcl'sonal ln)ul'v
policies.Consultant shall provid«insurance coverage for and on behall'ol'Consultant
that )vill sufflciCntly protect ConsLlltant or Consultant'repres«ntative(s)in connectiml
with the professional selv(ces which &'u'e to be provicled by Consultant pursuant to this
Agrcel'neni,Llnclulltilg plotcctlotl h oui clainls Iol'bodily nl)ut'v,death,ploperty
damage,anti lost income.Consulmni ma)satist'1 an)ol'thc Ictfuiict))cltts hl
plira"ivlphs I).Lhrl LI'h D.Lvith any conlbnlallon ol seltvin&L)led I'ct "nllon ol
conlincl'cllll il)st)Ill))cc L'r&)cl"lge.ConsultBnt shall provide lvolket s conipcnsallon
insurance coverage for Consultant and all Consultant's personnel.Consultant shall file
applicable insurance ccrtilicates or conllmlation ot'selt'-insured retentions lvith the
City.and shall also provide evidence ol'the follolvin ~allditional coverage.
The Consultant shall provide evidence of'comprehensive general liability coverage
and contractual liability insurance by an insurance colnpany licensed to do business in
thc State of Iowa in the limits ot'at least Sl,000.000 each personal injuiy accident
and.'or death;S l,000,000 general a gre rate personal injuiy and'or death:and
S I,000,000 for each propetty damage accident.The evidence shall designate thc City
as an additional insured.anil that it cannot be canceled or materially altered vvithout
giving the City at least thirty (30)days Lvritten notice by registered nulil,return receipt
requested.
The Consultant shall also provide cviden«e ol'automobile liability covers e in the
limits of at least Sl,000,000 bodily injury and property damage combined.The
evidence shall designate the City as an additional insured,and that it em)not be
cancelled or mates ially altered vvithout giving thc City at least thirty (30l days written
notice by registered nlail,return receipt requested.
D.The Consultant sllall provide evidence ol'professional liability insurance,by an
insurance company licensed to do business in the State of Iowa.in the limit of
$1,000.000 fi)r claims arising out OI'the professional liability of the Consultant.
Consultant shall provirle City written notice wiihin live (5)clays by registered mail.
return receipt requested ol'the cancellation or material alteration of the prot'essional
liability policy.
Failure ol'Consultant to maintain any of the insurance coveragcs set forth above shall
constitute a material breach of this Agreement.
5.NOTICE
Ally liotl&.'e to rite parties rcifuiiicd under this agio&:111clti shall be in ivriiin,delivered to tile
person ilesignatcd bcloii.by United Siatcs mail or in hand dclii cry.ai the indicated address
unl&.'ss oilielxvise ilcsi natcd in ivritini&.
FOR THE CITY:
iUame:Citv of Waul-cc
Attn:John Gibson
Title:Director of Public Works
Aildiuss:230 W.Hickman Roail
City,Stuns Waukce.IA 30263
FOR THE CONSULTANT:
Ui'arne:Black Hills Eneri&v
Attn.Evan Peterscn
Title:0 erations iYIana«er
Arklrcss I 20&SW 37"Stre-t
Cliv.Siai':Grill'Ie'IA 50226
6.GENERAL COiXIPI.IANCE
In the conduct of the professional services contemplated hciuunclcr,the Consultant shall
comply wiih applicable state.federal,and local Iaw.rules.and regulations,tcchnical
standards,or specifications issued by the City.Consultant must qualify t'or and obtain any
required licenses prior to commencement ol'work.including any professional licenses
necessary to perform work within the State of Iowa.
7.STANDARD OF CARE
Seiwices provided by the Consulmnt under this Agreement shall be performed in a ntanncr
consistent with that de&gree ol'care and skill ordinarily exercised by mentbers of the same
profession currently practicing under similar circumstances.
g.INDFPEV&DENT CONTRACTOR
Consultant unclerstands and ag&rees that the Consultant and Consultant's employees and
representatives are not City employees.Consultant shall bc solely responsible for payment of
salaries,wages,payroll taxes,unemployment benelits,Qi''lny'other I'orm of compensation or
benefit to Consultant or Consultant's employees,repi&escntatives or other personnel
fselfoianing the professional services specificd herein.vvhcther it be of a direct or indirect
natuixs Furiher.it is expi&essly understood and agreecl that I'or such purposes neither
Consultant nor Consultant's employees,representatives or other personnel shall bc entitled to
any City payroll.insurance,uncmploymettt,worker's compensation,r«tircmcnt,or any other
benelits whatsoever.
9.NOU!'-DISC RIh&IIU!ATION
Consultant vvill not discriminate against any employee ol'applicant I'or employmcitt because
of race,color,sex.national origin,religion.age,handicap.or veteran status,Consultani will,
ivhere appropriate or required,take al'lirmative action to ensure that applicants are employed.
and that employees are treated,during employntent.without rc&arrl to their rave,color.scx,
or naiional origin,reli&*ion.aire,hanclicap,or veteran status.Consultant &vill cooperate vvith
the City in using Consultant's best efforts to ensure that Disadvantaged Business Enierprises
are at'forged the maximum opportunity to compete for subcontracts ol'work under this
Agi i:util&.'Ilu
10.HOLD HARMLESS
Consultant agrees tn indcmnit'y and hold harmless the City,its officers.agents.and
employees fiom any and all claims,settlements and judgments,to include all rcasonabl«
investigative I'ees.aitorney's fees.and couri costs I'or any damage or loss which is &hie to or
arises froin a breach of this Ag&reement.or from negligent acts,errors or omissions in the
pcrhirmance of protbssional serv ices un&lcr this 4 nicemcnt and those ot its sub consuluants or
anyoltc i&&i ivhom Consuhant is legally liable,
City agrees to indemnify and hold harmless the Consultant,its ofticers,agents,and
employees from any and all claims,settlements and judgments.to include all reasonable
investigative fees,attorney's fees,and court cosis for any dama e m loss which is due io or
arises Ii'om any act of negligence of the City,its employees.or its ag&eltts.
I I.ASSIGUlvIENT
Consultant shall not assign or otherwise transfer this Agreement or any right or obligations
therein without first receiving prior written «onscnt of the City.
12.APPROPRIATIOUi OF FUUiDS
The funds appropriated t'or this Agreement al'&,'equal to or exceed the compensation to be
paid to Consultant.The City's continuing obligations under this Agreement may be subject to
ilppi'opl'iation of funding by the City Council.In the event that sufficient lhnding is not
appropriated in whole or in patt t'or continued performance of the City's obligations under
this Ag&reement,or if appropriated funding is not expended due to City spending hmitations,
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 Ig(6)of this Agreement.
I 3.AUTHORIZED Atx'IEU&DMENTS TO AC&REEAIENT
A.The Consultant and the City acknowledge and agree that no antendment to this
Agreement or othtn form,order or directive may be issued by the City which requires
additional compensable ivork to be performed it such ivorl&causes thc aggregate amount
payable under the amendment,order or directive to exceed the amount appropriated tor
this Agreement as listed in Section 3,above,unless the Consultant has been given a
&i ritten assurance by the City that hrovful appropriation to cover the costs of the additional
work has been made.
B.The Consult&lilt 'i&id the City further acknoivlcdg»and &lgi'ee tliat no amendmcnt to this
Agreement or other form.order or directive which i'cqilil'cs &additional compensable work
to be performed under this Agreement sltall bc issued by thc City unless t'unds are
available to pay such additional costs.and the Consultant shall not b««ntitlcd to any
addiuonal «omp«nsation for any additional colllp«nsablc work perl'ormed under this
Agr««m«nt.The Consultant expressly ivaives any right to additional «omp«nsation.
ivhether in hnv or equity,unless prior to cont&11cncllti the additional &vork the Consultant
vvas given a «ritien amendment.order or dire«tive describing th«additional compensable
&«irk to bc performed an&i sening I'onh thc amount ol'«omp«nsation to b«paid,such
amendment,order or dire«tiv«to be signed by tll«autllo&dz«&l City representative.It is the
Consultantg sole responsibility to knot«.dctellilillc,a&id ascel'talll tile aiitliol'iiy ot the
City representative si ning any atu«ndment.directive or order.
I4.OKNERSHIP OF CONSULTIN(7 DOCU!vlEiN'I'S
All sketches,tra«ings,plans,spe«ihcations,reports,and other data prepared under this
Agreement shall bccom«th«property of the City;a rcproducibl«sct shall be delivered to the
City at no addition;il cost to the City upon «ompletion of the plans or termination of the
serv ices of the Consultant.All &hawings and data shall be transmitted in a durable material,
vvith elcctroni«fil«s provided when feasible to do so.The Consultant's liability I'or use ol'th»
sketches.tracings.plans,specilications,reports.and other data prepared under this
Agreemeni shall be limited to the Projc«t.
I5.INTERPRETATION
No am«ndmcnt or modiIIcation ol'this Agreement shall bc valid unless expressed in &vriting
and executed by the patties hereto in the same mannet'as the execution of the Agreemcnt.
This is a completely integrated Agreement and contains the entire agreement ol'the parties:
any prior written or oral agreements shall be ol'no force or effect and shall not be binding
upon either party.The laivs of th»State of Iowa shall govern and any judicial action under
the terms of ihis Agreement shall be exchisively v;ithin the jurisdiction ol'the district co&ax
I'or Dallas County,Iovva.
I 6.CO!IPLIANCE KITH FEDERAL LAK
To tile extent any I'ederal appropriation has or will be provided for the Project.or any I'ederal
requirement is imposed on the Project,Consultant agrees that Consultant xvill «omply &vith all
relevant la&vs,rules and regud«itious imposed on City and or Consultant necessaiy for receipt
of the federal appropriation.Consultant shall provide appropriaic certilication regardin ~
Consultant's compliance.
I 7.SOLICITATION AND PERFORivIAUiCE
A Thc Consultant warrants that ii has not employed or retained any company or person,
oth«r than a bona fide employe«&vorking for the Consultant,to solicii or secutic this
Agreem&uu,and that tile Consultant has not paid or agre«d to pay any company or person
oih«r than a bona tide «mplov««.any I'ee,commissii)n.percentage.brok«ra *e Ibc.gii'i r&l
contin &cnt I'&.c.
E3 The Consultant shall not engage the servi«es ol'any person or persons in the employ ol
ihc Ciiy ai the Lime ol'c»mm«ncing such services without the written cons nt of th»City.
18.Sl )SPEW&'S IO.'I A%i'D TERS(l&'&ATIOU OF AC&RE ERIE&ST
The ri&ht is reserved by rhe City to suspend this Agreement at any time.Sui:h suspension
niay bc el'fected by the City giving ivrittcn noti«e to the Consultant.and shall bc effective
as of the dat«established in th»suspension notice,Payment I'or Consultant's seiwices
shall bc macle by the Ciiy I'or sci v i«es p«rl'ormed tn the date establishecl in the suspension
notice.Should the City reinstate the vvorlc al'ter notice of susp«nsion.such reinstatement
may be accomplished by thitay (30)days writien notice within a period of sis (6)months
at'ter such suspension,unless this period is extended by written consent ol'the Consultant.
B.Upon ten (10)days written noti«e to thc Consultant.the City mav terminate th«
Agrcemrntt at any time if it iS found that reasons beyond ilia CcltirOI of either the City or
Collsultant make it impossible or against the City's interest to «oniplete the Agreement.In
such case,the Consultant shall have no claims against the City eacept for the value ol'ih»
w ork perl'ormed up to ih«date the Agreement is temiinated
Tll«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 Agremnent.In Lhe cveni ol'su«h default by th«Consultant.the City may give ten (10)
days written notice to the Consuhant ol'the Citv's intent to tetminatc the Agreement.
Consultant shall have tcn (10)days from notih«ation to remedy the conditions
constituting the de I'ault.
D.In the event that Lhis Agreement is terminated in accordance with paragraph C of this
se«tion.the City niay take possession of any work and may complete any vvork by
ivhatcver means the City may select.The cost of completing said work shall be deducted
I'rom the balance ivhi«h ivould have been due to the Consultant had the Agreement not
b«cn L«rminatcd and work completed in accordance with contra«t documents.
The Consultant may terminate this Agre«natant if it is I'ound that the City has violated any
material term or condition ol'this Agreement.In th«event ol'such dcl'ault by the City,thc
Consultant shall give ten (10)days vvritten notice to the City of the Consultant's intent to
terminate the Agreement City shall lb&ave ten ((0)days from notil'ication to remecly the
conditions constiniting the d«l'suit.
19.TAXES
Th«Consultant shall pay all sales and use tax«s required to be paid to the State of low'a on
the work covercil by this A&grcemcnt The Consultant shall es«cute iuid deli~er and shall
cause any sub-consultant or subcontractor to execute and deliver to thc City cetxitlcatcs as
required to permit the City to iiiake application I'or rcfuntLs of said sales aiul usc taxes as
applicable.Thc City is a municipal corporation and not subjcci to state anil local tax,usc tax,
or I'ederal excise taxes.
20.SEVERABILITY
If any portion ot'this A&iecment is held invalid or unenlorceable by a court ot'competent
jurisdiction,the remaining portions of this Agreement shall continue in full I'cree and &.Ifect.
21..'vIISCELLANEOUS HEADINC&S
Title to articles,p&li'agraphs,and subpar&1graplls are for infortnation purposes only and shall
niit be considered a substantive part ot'this Agreement.
22.FURTHER ASSURANCES
Each patsy hereby agrees to execute and deliver such additional instruments anil documents
anil to take all such other action as the other party may reasonably request from time to time
in order to elfect the provisions and put1ioses of this Agreement.
23.COUNTERPARTS
This Agreement may be executed in any number ol'counterparts.each of which shall
constitute an original document,no other counterpart needing to be produced.anti all of
which w hen taken together shall constitute the same instrument,
IN WITiVESS XVHEREOF,the parties have caused this Agreement to be executed by their duly
authorized officers or a&*ents on the day and year lirst above written.
CONSULTANT CITY OF KAUKEE
By:
txI&anie:
Title:
By:
Villi .P ard,Iavor
ATTACI-IiXIE'AT I
SCOPE OF SERVICES
Tltc w(ii'k to be pet'Iollltixl by tilt:C (Jllslf/Irllll under this sgreelnent shall encompass anti include
detailed vvork.services,materiaLiu equipment anti supplies necessary to complete analysis and
tlesi&'tl loi't)le pl'ujeet.
General Descri tion &Sco e—
Black Hills Energy (BHEj will notify the IUB,design,assist the City of Waukee with the bid,and selection
of a 3'"Party Contractor,ensure the city acquires the required materials,and oversee/manage the actual
construction and relocation of the 4200 ft of 8"Transmission line due to the new road being built between
Horizon Point Drive and the DRS located north of Southeast Olsen Road on Alice's Road in Waukee IA.
This line will be designed and constructed to the requirements noted in the DOT CFR Part 192
regulations to maintain an 800//transmission line MAOP.All work is to be completed by April 15'",2018
unless other arrangements are made with the City of Waukee,
Permittin /Desi n Phase-
BHE will notify the IUB of the project,while it is not required to modify the permit,the IUB has advised that
we need to file a notification on their EFS of the work being completed.
~BHE Operational,Regulatory,&Legal review to ensure compliance.
~Design/Provide Construction Drawings of the project for the contractors to use in the
bidding/constructing the new line.
~BHE will:
~Develop detailed design of the 8"pipeline route from the starting point of the road project at
Horizon Point Drive to the inlet of the DRS located north of Southeast Olsen Road on Alice's
Road in Waukee IA.
~The route of the 8"pipeline will be located to the furthest west point possible in the city ROW
along Alice's Road —the route will be staked by the City of Waukee prior to the actual
construction.
Provide engineering design and drawings for tapping,stopping,purging,and relocation of the
lines in accordance with DOT and IU8 requirements.The city of Waukee will provide the
electronic files of the CAD/Survey drawings.
~Provide complete material list and specifications for necessary components of pipeline.
~Provide all specifications,schematics,and drawings required for construction bid packets.
Pre-Bid Meeting -BHE will participate by:
~Inviting no fewer than 6 reputable contractors to bid the project
~Assist with the Pre-Bid Meeting/Explaining the project to contractors
~Bid's will be requested with a total project and unit price logic
~Assist with receiving the Bids/Respond to/manage all questions/concerns —ensure all contractors
receive all information
~Analyze Bids/make a recommendation to the City of Waukee,discuss the logic used with the
recommendation to ensure the city of Waukee is in agreement with the choice
Construction Phase—
This construction phase includes the entire natural gas transmission system from Horizon Point Drive and
the DRS located north of Southeast Olsen Road on Alice's Road in Waukee IA and will allow the City of
Waukee to maintain a 800//MAOP on this transmission line.
project Management —Hourly Rate —For all work after the permitting/Design Specification/Contractor
Selection is completed,
o Ensuring contractor/sub-contractors/have proper certifications
o Ensuring proper all materials used meet the proper standards
o Coordinating all phases of the project/troubleshooting any issues
o Monthly Reporting/regular communications with the city of Waukee up to the start of construction—
Weekly meetings when the project starts with the 3'"Party Contractor,BHE Inspector,and the City of
Waukee to ensure a smooth project.
o Pre-Construction Meetin —Ins actor 8 Contractor costs will start durin this hase
~Plan for/host pre-construction meetings with all parties involved in the project —Contractors—
Engineers —other utilities —inspectors to lay out expectations/reporting requirements/etc.
Actual Construction —Cit of Waukee is res onsible for all material/contractor/ermittin costs —Black
Hills Ener will rovide:
o Pro'ect Ins ector —houri rate
c Weldin Ins ector-houri rate
Pi eline Startu /Pressurization Meetin —This phase will include the pigging,purging,and pressurizing of
the system with natural gas.
~Ensure all required work has been completed/required documentation is in hand before we
pressurize the system
~Develop and ensure the startup plan is followed properly to ensure all works as designed
~CI P
~Ensure all phases are complete
~AsBuilt documentation provided to the city of Waukee
Items s ecificall not included:
1.Any easements required outside of the ROW including surveying and any landowner payments.
2.Firm design price is based on no deviations from route noted,pipe specifications,or dates
required.
3.Does not include any services for the maintenance or operation of any pipeline or pipeline
facilities —that agreement will be created separately.
ATTACHXIE.JT '
PROJECT SCHEDULE
The time of completion ol'the scope of sert icos un&ter this Aurccment shall b»as follotrs:
tt'orl;to be completed at a mutually anteed upon time basetl on desiun completion,material and
colttt'actol'availability,but before April 15"'ol'201(S.
10
ATTACHMEMT 3
SCHEDULE OF FEFS
Permitting/Design Phase—
Fixed price of $75,000.This will be billed when the Contract is signed with the successful bidder.
Construction Phase-
BHE will rovide the followin resources for an houri rate as needed:
Pro'ect Mana er -175 an hour
Pro'ect lns ector -125 er hour
Weldin Ins ector-125 sr hour