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HomeMy WebLinkAbout2013-07-15-Resolutions 13-187_LA Grant Pkwy Improvements - Engineer AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 13-187 APPROVING PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN BISHOP ENGINERRING AND THE CITY OF WAUKEE RELATED TO THE SE LA GRANT P~AYIMPROVEMENTSPROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the City of Waukee has previously set a public hearing date for the SE LA Grant Parkway Improvements Project (Resolution #13-171),for improvements that include the widening of SE LA Grant Parkway from SE Westown Parkway to SE Ashworth Road;AND, WHEREAS,Bishop Engineering has provided a proposal for engineering services related to the SE LA Grant Parkway Improvements Project. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Professional Services Agreement related to SE LA Grant Parkway Improvements Project,attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the l5[h day of July,2013. Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X NAY ABSENT ABSTAIN X X February 25,2013 Bishop~~~!o~:,~;~~~pm.nt" 3501 104th Screet Des Moines.Iowa 50322 (515)276-0467 (515)276-0217 FAX City of Waukee 230 W.Hickman Rd Waukee,IA 50263 Re:LA Grant Street Improvements Dear Mr.Gibson Bishop Engineering Company is pleased to submit an estimate for civil services of the above referenced project.A breakdown of services and fees are listed below: Scope of Services •LA Grant Improvement Plans 1.Sile Survey 2.6.5'lane widening each side 3.Center tum lane and south bound right tum lanes 4,1 0'Trail plans 5.12"Water main along LA Grant 6.Storm sewer plans 7.Storm Drainage study 8.Sanitary sewer force main 1.Lift station by others 9.Street signage plan 10.Specs per SUDAS 11.Respond to RFI's 12.Review Shop Drawing 13.Construction easements 14.Bidding Process providing detailed construction plans and reviewing front ends. 15.Acquisition Plat and Easement Documents Reimbursable Services: •These services provided by Bishop Engineering should be considered a continuation of our professional consulting services to you and a significant part of the Quality Control and Value Engineering services we provide to our clients. 1.Weekly Progress Meetings -for both phases of construction a.Facilitate,meeting,and provide minutes 2.Construction staking-rough grade stakes,utility stakes,paving stakes, 3.As-Builts -elevation of road every 50',storm sewer manholes with flow lines,water main apparatuses as located at surface,and sanilary sewer structures with inverts, 4.Filing fees -Any fees charged by the city for review of site plan or any other such fees like NPDES permit fees and public notice fees. 5.Printing Cost -Cost for printing plans for city review.bid letling,and construction phases. 6.Mileage -miles driven to meetings. Fees LA Grant Improvement Plans 5%of total construction cost based upon final bid documents Reimbursable Services Estimated services are billed out by the unit (see attached 2013 fee schedule)fees provided below are an estimation.Fees listed below are estimations only, •Weekly Construction Meetings •Construction Staking •As-Builts •Filing fees •Printing Cost •Mileage $11,500 $17,500 $4,000 $100 $750 $250 Payment Bishop Engineering agrees that City will pay the amount agreed as then due and owing to Bishop Engineering for civil engineering services performed by Bishop Engineering within 10 days after City's receipt of payment from the project owner and subject to City's review and approval of the applicable request for payment and appropriate back-up.Payments due the Engineer under this agreement that are not paid when due shall bear interest from date due at the rate of 1.5%monthly for payments past 90 days from Invoice date. This agreement may be cancelled by Bishop Engineering if client has become delinquent in the payment of amounts due to Bishop Engineering hereunder over ninety (90)days,This agreement may also be canceled by Bishop Engineering or the Client with or without cause.In either instance the canceling party shall give seven (7) days written notice prior to termination and specify the date of termination,In the event of cancellation,Bishop Engineering shall be paid for services rendered and costs incurred hereunder through the date of cancellation including the cost of terminating the work. Exclusions The following items are not included in the scope of work for this estimate;irrigation plans,lighting pian,soils investigations or soils report,environmental assessment,platting,annexation,rezoning,no structural design of tunnel or bridges,appraisal,percolation tests,septic system design,building design,anything interior to the buildings,bUilding inspection,iegal services,title opinions,extensive investigations of utilities which lack documentation in the public record,tracing or televising of underground utilities,traffic impact plan,Pavement thickness design for public street improvements,retaining wall design,and board of adjustments meetings. Construction observations,street light plan,and traffic light plan. Design of Utilities doesn't include Gas,Electric,Telephone,or Cable.The designs of these services are provided by the service provider and are billed directly to the beneficiary of the service. Respectfully, David B.Bentz David B.Bentz Bishop Engineering Attachments:Acceptance Terms and Conditions ACCEPTANCE This is an Agree~nt madt~of 'July 15,a613 between111.Uf~d Wen.!W ,.:tlN!tl (hereinafter "OWNER")and Bishop Engineering ompany,lnc.,an 'Iowa Corporation (hereinafter "BISHOP ENGINEERING"). BISHOP ENGINEERING is authorized to proceed with the scope of services described herein,and we accept the attached Terms and Conditions. Accepted: Date'~'-ll'-2C1/.3 s.ww~ Title:t'ItA ylf Company:rityofWtl4Ut BISHOP ENGINEERING CO.,INC. TERMS AND CONDITIONS Attached to and made a part of the PROPOSAL FOR PROFESSIONAL ENGINEERING,LAND SURVEYING,and LANDSCAPE ARCHITECTURE SERVICES (hereinafter"Proposal'). SECTION I.SCOPE OF SERVICES BISHOP ENGINEERING shall perform the BASIC SERVICES as outlined in the Proposal. SECTION II.ADDITIONAL SERVICES If aulhorized in writing by OWNER,BISHOP ENG1NEERING shall furnlah m oblaln fram others ADDITIONAL SERV{CES.These servlces are not Included as a part of Ihe BASIC SERVICES as oullined above and will be paid for by the OWNER In accordance with the-standard BISHOP ENGINEERING Fee Schedule. SECTION III.RESPONSIBILITY OF OWNER A Provision of Information.The OWNER shall,in a timely manner,proeioe BISHOP EN.GINEERING with all necessary lnformatlon needed 10 perform its services under this Agreement such as,prolectdevelopmert Information,site information,ownership information,conetuc'lon informallon and standards,projecl budget Iimilations,criteria for selection of conkactors and producl vendors,all necessary permlls,title opinions, easement documents,legal documents,protective col/en ants,environmental hazards,and any other reasonably necessary and useful information, S.Project Officer The OWNER shall name a projecl officer,duly authorized to act for the OWNER,10 coordinate all aspects 01the Project with the Project Manager. C,Additional Services Furnish,or dkect BISHOP ENGINEERING 10 provide Additional Services as stipulated in Section II of this Agreement. D,Right of Enlry.TheeOWNER shall arrange for access to and make proelslons for BISHOP ENGINEERING to enter upon public andlor private property as required for BISHOP ENGINEERING to perform services under lhls Agreement. E.Related SelVices.The OWNER shall provide such accounting,independent cost estimating,and insurance counseling services as may be required for the Projecl;such legal services as OWNER may require or BISHOP ENGINEERING may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Ihe conueclor,government agenoy,or adjoining property owner;such audlOng services as the OWNER may require to ascertain:and such nsoeeson services as Owner may TERMS require to ascertain that the conlraetor or any olher party is c.omplyifl!J with any law,rule,regulation,ordinance,code,or order applicable to the Project. F.Prolect Coordmafion.The OWNER shall coordinate the efforts of all project contractora and prcleeeional,iocluding BISHOP ENGINEERING,and shall ravlewin a timely manner for acceptance aU work submitted by BISHOP ENGINEERING. G.General.OWNERshall provide all crltera and fu[information as to OWNER'S requirements for !he Project,designate a person Ia act with authorily on OWNER'S behalf In respect to all aspects of the Projecl;examine and respond prompUyto submissions;and give promptwritlen notice to BISHOP ENGINEERING when OWNER observes or olherwise becomes aware of any defect fn!he work. H.fi!YLllim!TIle OWNER shall ensure that adequate financing exisls to pay BISHOP ENGINEERING pursuant to the terms of this Agreement. SECTiON IV.EXCLUSIONS The following Items are not Included in lhe scope of work for this eeumate;irrigation plans,lighting plan,soils investigations or soils report, environmental assessment,platting,annexation,rezoning,no slructural design of tunnel or bridges,appraisal,percolation tests,septic system design,bUilding design,anyUling interior to Ihe buildings,building inspection,legal eerelces,tille ophlons,extenalve investigations ofuUnUes which lack documentallon In the public record,uBcing or televising of underground utilities,traffic Impact plan,Pavement thickness design for public slreet improvements,relaining wall design,and board of adjustmenls meetings.Ocnehucton observations,slreet light plan,and traffic light plan. Design afUlilities doesn't include Gas,elecble,Telephone,or Cable.Tile designs ofthese services are provided by Ihe service provider and are billed directly to the beneficiary of the service SECTION V.PROJECT SCHEDULE A.General.BISHOP ENGINEERING will make every reasonable effort 10 hold to the schedule nullined in the-Proposal. B.~Neither party shaD hold !he other responsible for damages resulting from excusable delay in lhe pertormanue of this Agreement caused by Acts of God,strikes,walkouts,accidents,the acts of Government in its sovereign or contractual capacity,or any other events beyond the reasonable conrol of the other or the others employees and agents.Any olher type otdeiay In the performance of tile Agreement by either party shall oonsmule grounds lor lhe olher party to exercise ita right under the termination clause hereof. Page One of Three BISHOP ENQINEERING CO.,INC. TERMS AND CONDITIONS,Continued SECTION VI.COMPENSATION AND TERMS OF PAYMENT A Basic Services OWNER shall pay BISHOP ENGINEERING for basIc services as set forth in the Proposal. B.AddlUonal Sep/ices.OWNER shall pay BISHOP ENGINEERING for addllionalaervlees on an hourly basis in accordance with lhe standard BISHOP ENGINEERING Fee Schedule. C.Reimbursable Expanses.OWNER shall pay BISHOP ENGINEERING for reimbursable expenses in accordance with the standard BISHOP ENGINEERING Fee Schedule. D.Payment BISHOP ENGINEERING will submil invokes monthly for Basic ServIces and Additional Services rendered and for Reimbursable Expanses incurred.Owner shall make promptmonlhly payments in response to the lnvocee.Payment 1$past due thirty days from 1he dale of the Invoice.Owner agrees to pay a finance charge of one and one half percent per month,Of the maximum rate allowed by law,on past due accounts. Owner also agrees to pay all costs and expenses,induding reasonable attorney fees incurred by BISHOP ENGINEERING relating to collecUon procedures on past due accounts.Failure of OWNER to ablde by the terms of this seclion wm be grounds for termination of this agreement. E.Fee Adjuslments.In lhe event of any increase of cost due to the granUng of wage-increases andfor oilier employee benefits 10 field or office employees due 10 the lerms of any labor agreemenl,or rise In the COstofHlJing or merit increase,during the life of this Agreement,such percentage Increase snail be applied to all remaining companaajons. SECTION VII.GENERAL CONSIDERATIONS A.TerminaUon.Eilher party may terminate this Agreement upon seven days'writton notice in the event of substantial failure by the other party to pertonn in accordance with the terms hereofthrough no fault aftha termlnaling party.Such termination shall nal be effer;llve If such aubstenlal failure has been remedied before explrafcn aflhe period specified in the-written notice,In the even!of any termination,BISHOP ENGINEERING shan be paid for all services rendered 10the dale of the termination,all Reimbursable Expenses and termination expenses,In the event thls Agreement is terminated beiora lhe completion of all services,unless BISHOP ENGINEERING Is responsible for such early temmalion OWNER agrees 10 release BISHOP ENGINEERING from alii/ability for work performed. B.Reuse of Documents.All documents,including but not limited 10;construction plans,specifications,surveys,plats,digital files,filed notes,legal descriptions.reports,calculations,estimates,phcoprapha,maps,presentation dravo'fngs,etc,shall remain the property of BISHOP ENGINEERING and may be used by BISHOP ENGINEERING without the consent of lhe OVVNER.OWNER may make and retan copies for informaUon and reference in connection with Ills use and occupancy of the Project by OWNER and others:however,such documents are not Intended or represented to be suitable for reuse by OWNER or others an extensions oflhe Project or on other projects.Any reuse wIthout written verification {If adaptation by BISHOP ENGINEERING for the specific purpose intended will be at OWNER's sale risk and without liability or legal exposure to BISHOP ENGINEERING,and the OWNER shall indemnify and hold harmless BlSHOP ENGINEERING from all claims,damages,losses,and expenses inclUding attorney fees arising out of or resulting therefrom. C.Opinions oFCosl Since BISHOP ENGlNEERINGhas no control overfhe cost of labor,malerials,equipment or aervlceafurnished by others,or over the Contractor's melhod of determining prices,or over competdve bidding or market condflons,BISHOP ENGINEERING's opinions of probable Projecl Costs and ConstrucUon Costs proeked to lha OWNER are made on the basis of BISHOP ENGINEERING's best judgment a experienced professional engineers and land surveyors,familiarwilh lhe construction industry;but 8lSHOP ENGINEERlNG does not guarantee that proposals,bids,or acluel Total Prqect or Ccnalruclicn Costs will not vary D,Government Ac!ions BISHOP ENGINEERING shall not be liable for damages reaulfnq from the actions or inactions of governmental agencies including bulnollimiled to permit processing,environmental impact reports,weUands miUgaUon,historical delermlnatlone,archeological findings, eminent domain,right-of-way takings,loning matters,city council approvals,annexaUon proceedings,special or conditional use permits.building permits,board of adju5bnent proceedings,buIld[ng code resulcucee.covenants,neighbcrhood cblectcns.passage of more reslrtcllve slandards and cedes,and others.BISHOP ENGINEERING shall act as an advaor in all govemmental relations. E.Controllino la\y.This Ayreement is to be governed by the laws of the Slate of Iowa F.Asslanmenl Neither party may assign this Agreement or any parthereofwithoul the prIor written consent of the other party. G.Notice.Any notice required or permitted herein shall be in wriUng and shall be delivered by regisiorod mail.For purposes here'n,(he effective date of the noticeahallhe the dale of receipt by the other party,as evidenced by the renm receipt. Page Two oflhree BISHOP ENGINEERING CO.,INC. TERMS AND CONDITIONS.Continued H.Binding Effect.The OWNER binds himself personally,his partners,successors,execotcre,administrators,and assigns to BISHOP ENGINEERING to lhis Agreement II}respect to all the terms and conditions of this Agreement,subject to the lmllallons on assignment set forth hereIn.In any event any provisions of this Agreement shalf be held to be unlalllful,Invalid,or unenforceable,the remaining provisions shall be.valid and binding upon the parties. I,Complete Agreement This agreement,including the Proposal and Terms and CondiUons,conalllutes the entlre Agreement befween ilie parties. hereto and no modifications or waiver of any provision shall be effecllve unless ill wriOng and slglled by bolh parties.Evidence of discussion,conversations,orwril1ng whleh occurred prior to Ihe execution oflhis Agreement shall nol be admissible In any proceedings for purpose of contradlcting!he terms and conditions hereof, J.Precedence.These Terms and Conditions shall take precedence over any inconsistent or contradlclory provisions contained in any proposal. contract,purchase order.notice 10 proceed,or like document regarding the aervbee of BISHOP ENGINEERING. SECTION VIII.THiS SECTION DELETED SECTION IX.INSURANCE AND INDEMNIFICATION. BISHOP ENGINEERING carries worker's compensation and employer's liability insurance and has coverage under public liability and property damage insurance policies which BISHOP ENGINEERING deems to be appropriate.Insurance cerfjtcates will be provIded to the OWNER upon his written request.BISHOP ENGINEERING shall not be responsible-for any loss,damage,or liability arising from any acts by the OWNER,his agents, staff.employees,consultants,or contractors. SECTION X.PROFESSIONAL DUTY. Services performed by BISHOP ENGINEERING under this AgreamantwiIJ be conducted in accordance with the generally accepled principals and practice at the time for the professions ulilized on the Pcoject No other guarantee 01 warranty,expressed or impl1ed,is made.All services shall be provided by or under lhe direct supervision of a licensed professional engineer anater land surveyor as the lask requires. Any and all services provided shall be held in confidence at tile-direclion of the OWNER.Such confidence shall be In accordance with generally accepted ethical codes. SECTION XI.UTILITIES. BISHOP ENGINEERING will take all reasonable precautions to avoId oonftlcts with exlslillf!buried or overhead,public or private ulililies.Ulilities may exlsl which are not known to BISHOP ENGINEERING.Utilities may exist\~hlch are notllluslrated on the plans.UtiliUes may be illustrated on the plans in approximate locations ShOllIfl in accordance will1 the best information available to BISHOP ENGINEERING.Any services provided by BISHOP ENGINEERING in an effort [0 remedy said u!ilify conflict shall be oonsldered addWonal services and OWNER agrees to pay for such addflonel serclces. SECTION XII.INSPECTIONS B(SHOP ENGINEERING coneuucion inspectors will be on site as necessary for the purpose of providIng field te-sting and observalion.Construction inspeclion aerdcea do nolinclude supervision or direction of the actual work of the Contractor.his employees,or agents.The ContrackJrfar this PlOjectshauld be so advised.The Conlraclor should be advised jhet the presence of BISHOP ENGINEERING nor the lesting and observation performed by BISHOP ENGINEERING shall excuse him in any way for detecls discovered in his work. Page Three ofThree BISHOP ENGINEERING 2013 FEE SCHEDULE PRJNClPAL CIVIL ENGINEER I CIVIL ENGINEERII CIVIL ENGINEER ill CIVIL ENGINEER IV CIVIL ENGTNEER V LAND SURVEYOR I LANDSCAPE ARCHITECT SURVEY COORDINATOR SURVEY TECHNICIAN I CAD TECH I FIELD ENGINEER SURVEY FIELD CREW COURT TESTIMONYI WITNESS INSPECTOR CLERICAL REPRODUCTION COSTS UPS 1 SPECIAL DELIVERY REGULAR PRINTS SMALL PRINTS MYLAR PRINTS COLOR PLOTS $175.00IHour $I30.00/Hour $I15.00IHour $85.00IHour $75.00IHour $70.00/Hour $IOO.OOlHour $85.00/Hour $81.001Hour $70.00IHour $60.00/Hour $75.00IHour $I30.00IHour $200.00IHour $80.00/Hour $85.00IHour $COST+15% $COST+15% $1.251Each $0.50IEach $10.00IEach $IO.OO/Each