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HomeMy WebLinkAbout2019-02-04-Resolutions 19-043_Heart of the Warrior Trail Extension - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 19-043 APPROVING AGREEMKNT FOR PROFESSIONAL CONSULTING SERVICES WITH BOLTON &MENK,INC.[HEART OF THK WARRIOR TRAIL EXTENSION PROJECT] IN THE NAME AND BY THEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the City requires professional services related to the analysis and design for the Heart of the Warrior Trail Extension Project;AND, WHEREAS,City staff recommends retaining the services of Bolton &Menk,Inc.,for said professional consulting services. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Bolton &Menk,Inc.[Heart of the Warrior Trail Extension Project],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 4"da of February,2019. tarn .rd,ayo Attest; Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN A(REEMI:.NT FOR PROFI.SSIONAL C(TNSUI TING SI:.RVICES HEART OF WARRIOR TRAIL EXTENSION This Agreement is made and cntcrcd into this 4"day ol ~Fcbruar,2019 by and between City of' Waukec,a municipal corporation,hereinafter rcfcrrcd to as "City,"and Bolton k iVienk Inc., (Fed.ID g-I 1-Og32249h a coiporation incorpoiated and liccnscd under thc laws of thc State ot' Iowa.party of thc sci;ond part,hcrcinaltcr referred io as "Consultant"as follows: TIJF.CI'I Y IIFRFI'3Y AGREES TO RFTAIN THI',CONSULTAN I'I'OR THE PROJFCT AS DESCRII3ED IN TFIIS AGREEMFNT ANI3 COlxlSULTAN f AGREES I 0 PFRFORIVI 'I HF, PR(JH..SSI(3NAL SI.RVICFS AND FURNISII THE NECESSARY DOCL'MFN fATION FOR 'I'Hli PROJFC I'AS GFNFRALLY DESCR 1131:.D IN TI I IS AGREEMENT. 1.SCOPF.01'SERVICFS Scrviccs provided under this Agreement shall bc as further described in Attachment 1,Scope of'Services. 2.SCHEIJL'LE fhe schedule ol'thc prol'cssional services to be perfonncd shall conl'onn to thc Schedule sct forth in Attachment 2 Any deviations from the Schcdulc ~hall be approved by the authorized City rcprcsentativc.The City agrees that the Consultant is not responsible I'or delays arising fi'om a change in thc scope of scrviccs.a change in the scale of'the Project or delays resulting from causes not directly or indirectly rclatcd io thc actions ol'the Consultant. 3.COMPFNSATIOVi A.In consideration ol'thc prol'essional services provided hcrcin,thc City agrees to pay the Consultant the following sum NO I -10-FXCFFD.including any authorized reimbursablc expcnscs.pursuant to the Schedule of Fees set I'orth in Attachment 3. I Basic Services ofthe Consultant A.I asl&1 Project Development S 9 000 13.The Consultant shall invoice the City monthly I'or services,any rcimbursablc expenses and any approved amendmcnts to this Agrccmcnk based upon scrviccs actually completed at the time ol the invoice.Final payment shall bc duc and payablc within 30 days of the City's acceptinicc of Consultant's submission ol Rltai tlclivcrables in accordance with thc Scope of Services. C.In consideration of the compensation paid to ihe Consultant,the Consultant agrees to pcrlorm all professional services to the satisfaction ol'the City by performing the professional services in a mannet consistent with that degree ol care and skill ordinarily exercised by members ol Consultant's profession currently practicing under similar circumsianccs.II'thc pcrfonnancc of this Agrcemcnt involves the services oi'others or thc I'urnishing of'equipmcnt,supplies.or materials.thc (."onsultani.agrees to pay for thc same in lull. O'SURAV(.'I-: A.Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or I'uture City comprchcnsive.sell'or personal injury policics. Consultant shall provide insurance covcragc for and on behalf'of Consuliani that will sufliciently protect Consultant or Consultant'rcpresentativcls)in connection with the prof'cssional scrviccs which ari:to be provided by Consultant pursuant to this Agreement including protection from claims I'or bodily injuiy.death,property damage,and lost mcomc Consultant shall provide worker's compensation insurance covcragc I'or ('.onsultant and all Consultant's personnel.Consultant shall tile applicable insurance certilicates with thc City,and shall also provide evidtaice oF thc Following additional co v e rage. )3.Thc Consultallt sli'ill provide cvidcncc ol'comprchcnsivc general liability coverage and contractual liability insurance by an insurance company licensed to do business in thc State ol'iowa in thc limits uf at least $1,000.000 each personal injury accidcni anil or death:S1,000.000 gtnicral aggregate personal injury and.'or death.and S1,000,000 I'or each property dam'igc accident Thc evidence shall dcsignatc the City as an additional insured.and that it cannot bi:cancclcd or materially altered without giving the City at least thirty (30)days written notice by rcgistcrcd mail.return receipt requested C.I'hc Consultant shall also provide evidence oi automobile liabihty coverage in thc limits ol itt.least S 1,000,000 bodily injury and property damage combined.The cvidcncc shall designate thc City as tll'i «1&lditional insured,and that it cannot bc cancelled or materially altered without giving the City at least thirty (30)days written notice by registered mail, return rcccipt requested. D.The Consultant shall provide evidence nI'professional liability insurance,by an insurance company licensed to do business in thc State of'lotva,in the limit of $1,000.000 lor claims arising out of thc professional liability of thc Consultant,Consultant shall provide City ivrittcn notice within five (3)days by registered mail,reuirn receipt requested oi the cancellation or material alteration of the professional liability policy. Failure of'Consultant to maintain any of ihc insurance covcragcs set forth above shall constitute a material breach ol'this Agiecmcnt. 5.iViCrl ICI=. Any noiice to the parties required under this agreement shall bc m writing,dclivcred to the person designated belnw,by United States mail or in hand delivery,at thc indicated address unless otherwisc designated in writing. FOR I HF.CITY: k«u i~Ca I aaaksv Attn;Matt Jet1nier Title:Director of Parks and Recreation Address:g05 1fniversitv Road City,Staie.Waukcc IA 502ti3 FOR fHI.CONSUI 1 AVi«I: Name Bolton 2k Mcnk Inc. Attn.Chadd 1(ahlsdorf;P Iu PMP I'itic:Pro'ect Mana~cr Address.309 E 5'"Strcct.Suite 202 City.State:Des Moines.IA 50309 GFNFRAL CO'.vl PLIANCF. In the condui:i ol'ih«prof'cssional scrviccs contemplated hercundcr,the (.onsultant shall comply with applicable state.fcdcral&and local law.rules.and regulations&technical standards,or specifications tksucd by thc City.Consultant must qualif'y lor and obtain any required licenses prior to commcnccmcnt ol'work.including any professional licenses ncc«ssary to perl'orm work withm ihc State of'Iowa. S I AiqDARIJ OF CARI:. Scrviccs provided by the Consultant under this Agrccmcnt shall be performed in a manner cimsistcnt with that dcgrcc ol'care and skill ordinarily exercised by members of the same profession currently practicing under similar circumsiances. I&ST)FPFaVI'JIIVT CONTRACTOR Consultant understands alld agrees that thc Consultant and Consultanfs employccs and Ircpl'csi:Iltiltivcs arc nol.Ciiy employees.Consuliant shall bc solely responsible for payment of salaries,wages,payroll taxes&unemployment.bcnetits,or any other lorm ol'compensation or benefit io Consultant or Consultant's iunployees,reprcsenlatives or other pcrsonncl performing the prof'essional services specifi«d hcrcin whether it bc of'a direct or indircci nature.Further,it is expressly understood and agreed that for such puiposcs neither Consultant nor Consultani's employees&representatives or othct personnel shall be entitled to any City payroll,insurance.uncmploymcnu worker's compensation,reiircment.or any other bcncfits whatsoever. NOD'-DISCRIMINk&A I ION Consultant will noi discriminate against any cmployec of applicant for employment because ol ra«c,color,scx.national origin religion.age.handicap.or vctin an staius.Consultant will where appropriate or required,take af1irmativc action to cnsurc that applicanus arc employed, and ihat employees are treated,during cmploymcnt.without rcg&ard to t)icir 1'&1cc,color.scx, or national origin,religion,agc,handicap.or veteran status Consultant will cooperate with thc City in using Consultant's bcsi elTorts to cnsurc that Disadvantaged Business Fnierpriscs are afforded thc maximum opportumty to compete for subcontracts of work under this Agl'CC111C11t. 10.HOLD I-IARMI.FSS Consultanl agri:es Lo indemnify and hold harmless the City,its ol'ficers.agents,anil cmployecs llrom any and all claims.s»tllcmcnts and 3udgments.io include all reasonable investigative fees.anorncy's fees.and court costs for any damage or loss which is duc to or anscs fiom a brcach of this Agrecmcnt..or IIrom negligent acts,en'ors or omissions in thc performtnicc of'prolessional services under this Agrccment and those oF its sub consultants or anyone lor whom Consultant is legally liable, 11.ASSI(1,4MLN I Consultant shall not assign or otherwisc transfer this Agrecmcnt or any right or obligations therein without first receiving prior written conseni of thc City 12.APPROPRIATIOLN 01'FUNDS Thc I'unds appropriated I'or this Agreement are equal to or cxeccd thc compensation to be paid to Consultant.Thc City's coniinuing obligations under this Agrcentent may bc subject to appropriation ol'funding by thc City Council.In the cvcnt that sufficient funding is not appropiiatcd in whole or in parL I'or continued pcrfoimancc ol thc City's obligations under this Agreement,or il appropriated lunding is not expended duc to City spending limitations, thc City may tcnmnaLe this Agrcemcnt withoui I'urthcr cofilpeilsittion to the Consultant.To thc grcaiest exient allowr:d by law,the City shall compensate Coiisultant as provided in Section I gif&)ol this Agrecmcnt. 13.AUTIIORIZRD AMENDMInNTS TO AGRISI..MFbiT A.The Consultant and Lhe City acknowledge and agrcc that no amendment to this Agreemcnt or other form,order or directive may bc issued by thc City which requires additional compensable work to bc perfomicd iF such work causes the aggregate amount. payablc under the amendment.order or dircctivc to exceed ihe amount appropriated I'or this Agreetnent as list»d in Section 3,above,unless thc Consultant has bccn given a wnuen assurance by thc City that.lawful appropriation to cover thc costs of thc additional work has been made. I3.I hc Consultant and the City Further acknowledge and agrcc that no amendment to this Agr»cment or other lorm,order or directive which requires additional compcnsablc work to be pcrformcd under this Agreemcnt shall be issued by th»City unless lunds are available io pay such additional costs.and thc Consultant shall not be entitled to any additional compensation for any additional compcnsablc work performed under this Agreenient Thc Consultrnit expressly waivcs any right to additional compensation. whether in law or equity,unless prior to colnnlencing thc additional work thc Consultant was given ii written atnendmcnt,order or directive describing thc additional compensablc work to bc pcrlormc&!aiitl settliig fol'tli thc all1oulit of'c&impcnsation io bc paid,such amendment order or dircctivc to be sign»d by thc authorized City rcprcsentativ».It is the Consultant's sole responsibility to know,determine,and asccriain thc authority ol the City rcprcscntative signing any amendment,directive or order. 14.OWNERSI fIP OF CONSOLTIN(I DOCUMEN1'S All sketches.tracings,plans,specifications,reports,and other data prepared under this Agreemeni shall bccomc thc property of ihc City;a reproducibl«sct shaf1 be delivered to thc City at no additional cost to thc City upon completion of the plans or t«rmination of the scrviccs of thc Consultant..All drawings and data shall be transmitted in a durable material, with clccironic tiles provided when feasible to do so.I'hc Consultant's liability lor usc of the sketches,tracings.plans,specifications.reports.and other data prepared under this Agrccmcni shall b«limited io thc Project 15.IN I'IIRPRFTATION No amendmcni or modification ol'this Agrcemcnt sflttfl bc vlllid unless cxprcssed in wntlng and execui«d by the parties her«to in the sam«manner as the execuiion of ihc Agrecmcnt. This is a complctcly intcgratcd Agrccment anil contains the cntirc agreement of ihc parties; any prior wnuen or oral agrccmcnts shall be of no lorce or eff'ect and shall not bc binding upon either party.The laws of ihc Siate of Iowa shall govern and any judicial action und«r ihc terms of'this Agreemralt shall bc exclusively within the jurisdiction of ihe district court for Dallas County,Iowa. 1(x COMPLIANCE WITH FFDERAI.,LAW 'I'o thc cxtcnt any fcd«ral appropriation has or will bc provided for the Project.or any fl.dl'till requirement is imposed on the Project.Consultant agrees that Consultant lvill comply wiih all rclcvtult laws.rules and regulations imposed on City andior Consultant necessary for rcccipt of'the lederal appropriation.Consultant shall provide appropriate ccttification regarding Consultant's comphancc. 17.SOLICITATION AND PFRFORMANCF. A.'I'hc Consultant warrants thai lt has not employed or rctaincd any company or person, other than a bona lidc employee working for thc Consultant,to solicit or secure this Agrecmcnt,and thai the Consultant has not paid or agre«d to pay any company or person other thiul a bona fide employee,any fcc,commission,percentage.brokerage lee.gi f'i or conilngclli fcc. 13.The Consultant shall not engage thc scl'vices of'any person or persons in thc employ of' thc City at thc time of commencing such services without the written consent of the City, 18.SUSPIINSION AND TERMINA I ION Ol-'AOREE;v1ENT I hc right is reserved by the City to susp«nd this Agreement ai any time,Such suspension may be effected by the City giving lvrittcn noiice io the Consultant.and shall be effcctivc as of thc date cstablishcd in the suspension notice.Payment for Consultant's services shall b«made by the City for services performed io thc date established in ihc suspension notice Should the City reinstate thc work after nonce of suspension,such reinsiat«ment may be accomplished by thirty (30)days wri»cn notice within a period ol six (6)monihs after such suspension,unless this pcnod is cxtcndcd by written c&msent of the Consult&mt. 13.Vpon tcn (IO)days written notice to the Consultant.the City may terminate the Agrccmcnt at any lime if'it is found that reasons beyond thc control of either the City or Consul»tnt make ii impossible or against the City's interest to complcic the Agrccmcnt.In such case,ihc Consultant shall have no claims against.thc City except I'or thc value of the work performed up io the date the Agrccmeni is ierminated. C.The City may also terminate this Agrccment ai any time if ii is found that the (onsuliant has violated any mat&nial term or condition of this Agrccmcnt.or that Consultant has f'ailcd to maintain workers'compensation insurance or other insurance prov&dcd f'or in this Agrccmcni.In thc event.of'such default by thc Consultani,thc City may give ten (10) days wnucn notice io ihc Consultam ol the City's intent to terminalc the Agrcemcnt. Consultant shall have ten (10)days firom notification to rcmcdy the cond&t&ons const&iuiing ihe def'suit. D.In thc event thai this Agrccmcnt is icrmmatcd»i accordance with paragraph C of this section,thc City may take possession of any work and may complete any work by whatever means the City may sclcct.The cost of'completing said worl&shall bc dcductcd from the balance which svoufd have bccn duc to ihe Consultant had the Agreement not been terminated and work completed in accord&incc w&th contract documents. i:.Thc Consultant may terminate this Agreement il it is I'ound that thc City has violated any material icrm or condition of this Agreement..In the event of such default.by ihe City,ihe Consultant shall give tcn (10)days written notice to thc City ol thc Consultant's intent to tcnninate the.Agreement.City shall have ten (10)days from notilicaiion to remedy thc condiiions consiituting ihc del'ault. 19.TAXES The Consultant sh&ill pay all sales and usc taxes required to bc paid to thc Siate of Iowa on ihc work covered by this Agreemcnt.The Consultant shall execute and deliver and shall cause any sub-consultani or subcontractor to execute in&d dcliv&u to ihc C&ty cc&silicates as rcquircd to pcm&ii the ('ity to make application for ret'unds of said sales and usc taxes as applicable.Thc City is a municipal corporation an&f not subject to state u»d local tax,usc tax, or federal exc&si.taxes 20.SEVFRAI3II.ITY Il any poruon ol'this Agrccm&uit is held invalid or uncnforceablc by a court of'compci&nit junsdiciion,the remaining portions ol th&s Agr«cmcni shall continue in I'ull force and cff'cci. 2I.h'IISCELLAhlEOlJS HEADIUi()S Title to tnticlcs.paragraphs.and subparagraphs arc I'or tnlormation purposes only and shall not bc considered a substantive part ol'this Agreement. 22.FIJRTHFR ASSVRANCFS Fach party hcrcby 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.COLJNTI'RPARTS This Agreement may be executed in any number of counterpatas.each ol'which shall constitute an original document,no other countetptttt lleeding to be produced,and rtll ol' tvhtch when taken together shall constitute thc sarnc instrument. IN WI INFSS WFIFRFOF,thc parties have caused this Agreement to be executed by their duly authorised officm s or agents on the day tmd year ltrst above wntten. CONSVt V I'ANT CITY OF WAVKFF. Name:Chad(&Kahlsdorf P..Plvll' r I-.~p. ATTACf f."vl Esi'T I SCOPE OF SI=.RVICFS DESCIIIPTIOW'OF PROJECT A.ID SCOPE OF IMPROVEMENTS Thc Consultant agrees to provide professional services rcquiri;d for thc design and construction f'or ihc I II'.ART Ol.WARRIOR TRAIL EX'I ENSIGN as listed below. l.BASIC SKRVICFS For purposes of this Prnjcct,Basic Scrviccs lo bc provided by COXSL'III','T are as follows: TASK I:DKSIG.I DEVEI.OPMEsIT Subtask 1.1:Data Collection Tllis task svill include collecting and rcvicwing ficlil tlat&1 iilld lilc&lstlreiiiciits flniii tile topographic survey. The preliminary Iield data will bc supplemented with other availablc infomtation such as aerial plvntos and mapping,utility maps,as-built drawings,reports and studies,any additional information available from I-I:.IvlA&thc Iowa Dts'R Roodpfain dais,I..iDAR mapping,soils mapping,etc.'I his will help develop a broad understanding of'the site and be used to develop the design documents.1 his subtask includes creating photo record of fhe project areas. Deliverables: ~I'hoto Records of Project Area ~Survey I'ield Data in CAD file I'oimat Subtasl'l.Z:Preliminary Design Description:Consultant wil(complete final design lor thc construction of thc Heart of Warrior I rail Extension project.Final design will include the following dcsig&n elements: a.Grading plans b.Trail connection design c.ADA Ramps as needed d.Quantities and cstimatc rcfcrcnce notes e.I'.nginccr's Opinion ol'Prnbablc Cost (OPCI f.Project manual and project speci tications Deliverablcs: ~Project.Manual (Final Design Construction Drawings «liid Spccificationsl ~Final Design OPC Subtask 1.3:Bid Administration Description:Consultant will support project bidding in accordance with losva State bidding laws.We will respond to bidder's questions and prepaic any needed adden(la Wc will also assist in the post bid process by vcnf'ying thc accuracy of'bids,prcpanng a bid tabulation in an acceptable format,investigating rcfi:rcnccs of low bidders,and recommending award of the contract to an acceptable bidder. Subtasl&1.4:Construction Administration Description:Consultant will provide the I'ollowing construction administration services: ~Scheduling and assisting wiih ihc preconstruction confcrcncc ~Reviewing shop drawings ~Answcnng design interpretation qucsuons ~Tracking construction quantities and rcvicwing coniractor's pay rcqucsts ~Vcgotiating and prepanng change orders and/or supplemental agrccmcnts e Providing suppots to City construction inspection stafl' ~Perlorming final inspection with City stafl 11.ADDITIOVAI.Sl;RVICKS Consulting services performed other than those authorised under Section I shall be considered not part of'the Basic Services and may bc authorised by thc CI.IFNT as Additional Scrviccs. Additional Services consist of those scrviccs that are not generally considered to bc Basic Services,or exceed thc rcquircmcnts of'the f)asic Services;or arc not dclinablc prior to thc bidding of thc project:or vary dcpcnding on thc technique,procedures or schedule of the project c 011 t I"i c t 0 It 9 A'f TAC11MLcXT 2 PROJFCT SCHt:.DDLF, I'hc tune ol conlpletion of thc scope of services under this Agrccment shall bc as follows: Data Col lcctlon Dcslgn Development 13iddtng Assistance Construction Adnllnlstl'ation February 2019 March 2019 April 20 1 I) Summtn 2019 10 OT1 ACHbfHXT 3 SCHFDL'LF,OF FFFS 11 Th«lolloiving fi:0 schciliilc Is based iip«ff1 compcicII(.,I'cspoi'Isibf«pl ofcssionai scr«ices and is th«minimum,beloiv which adequa(c pi oil is f0&II&I stolid&if&Is cfiiiflot I'I«ini&IIIOHI'Ii:0 It is,therefore,to rhc advmitag«of both the professional and the client that lbcs bc commensura(e with th«scfwi««r«nd«r«if. Clhiii"cs ai'c L&iiscd 00 hi)iirs sp«ilt iit I'in&If'ly rates in effect I'oi ihe indimiluals per(i&rmin th«ivork.'I he honrly rates tor prin«illa&Is and III«i&&bet's ol thc stafT vary ac«ording to sf&ill and expcriencc.'I'hc «urrcn(spc«itic billing rate tbr miy individual can be provided upon I«:]ii«St. ~I Seniar Principal ST50-270/Haur Pfincipal Eagle(un/Surveyor/Planner/GIS/Landscapehrchitect $140-175 Senior Engineer/Surveyor/Planner/GIS/Landscape Architect STID-T75 Project Itanager [Inc.Survey,GIS,Landscape Architect[gfgg-f gg Project Engineer/Surveyor/Planner/Landscape Architect $05-775 Design Enginefu/landscape Designer/Graduate Engineer/Surveyor $00-105 Specialist (Rat.Resources;GIS;Traffic;Graphics:Other[060-[65 'fhe fee schedule shall apply for the penod rhrough Dc««mbcf 3 I.2019 Th«sc rates inav bc adjusted uniiua fly thci«affer to i&ceo&&fit toi ch'1&ig«d labor costs.inflation,or cfianaed ovi:rhcad conditions. I hase rates include laboi.gen«mt business, aiid 0(h«I'I10111'faf iif10 C&IStoinaii'v enp«IIS«S associated it tth operating a professional business.Lint«as otltcnvfsc agre«d.the above rates include «chicle;uid personal csp«fis«s,I'IIilci&'«,i«lr'photic.s&fffvcy st&&i&i:1, i&f10 I'0&itfilc exf&cf&diff&l«siipf1II«s:&1&1 s«liiiifiic char *es &vill bc made I'or these activilies and materials.f&sf&enscs b«yond ifi«agre«d scope of s«I"I Iccs Ilul iit&ii-I 0&IHI&c cxpc&1scs, such as forge quantitics of prints,extra report copi«s,outs&lulu&d gf iiphics iiitd photogiiIpl1&c I'I:f&I'odiictioiis.dociililciit Iccoi&h&1g fees outside proti:ssional and t«chnical assistance. and other it«ms of this general nature &vill f&e iiivolccd s«[1iiia&cly Rates md charg«s iio noi mcludc sales iai,il'applicablc. Senior Technician [Inc.Construction,GIS.Survey'1 Technician [Inc.Construction,GIS,Survey'j Administrative Structural/Etc«trisul/htechanfcal/Architect .I Hi' 005-175 065-[40 045-100 4[20-150 ;J,';c,'Ic,&oy .&:I 5 iv,''Ig v'c