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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 X 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