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Home My WebLink About2014-07-07-Resolutions 14-176_Hickman Rd Pedestrian Underpass Feasibility Study - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-176 APPROVING AGREEMKNT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKKK AND SNYDKR &ASSOCIATES [HICKIWAN ROAD PEDESTRIAN UNDERPASS FEASIBILITY STUDY] IN THE NAME AND BY THE AUTHOMTY OF THE CITY OF WA USE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the Waukee City Council has identified improved pedestrian access across Hickman Road as a Council Priority;AND, WHEREAS,City staff recommends retaining the services of Snyder &Associates,for a pedestrian underpass feasibility study along Hickman Road to determine a potential location and costs associated with the project;AND, WHEREAS,the engineering services agreement has been reviewed and approved by the yankee City Attorney. NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between the City of Waukee and Snyder k,Associates [Hickman Road Pedestrian Underpass Feasibility Study],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 7'"day of July,2014. illi F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK NAY ABSENT ABSTAIN X 5NYDER &Assoc|ATES.1Nc Englneere and Planners STANDARD PROFESSIONAL SERVICES AGREEMENT (Short Form) NOW ON THIS M day of 20+I Snyder 8 Associates,Inc., 2727 SW Snyder Boulevard,,Ankeny,IA 5 023 (hereinafter,Professional),and Cit of Waukee Public Works 805 Universit Avenue Waukee IA 50263 (hereinafter,Client)do hereby agree as follows: 4. 5. 6 7 8 PROJECT:Professional agrees to provide Professional Services (Services)for Client's project known and identified as:U.S.Hi hwa 6 Pedestrian Under ass Feasibilit Stud SCOPE AND FEES:The Scope of and the fees to be paid for said Services are set forth on Exhibit A attached hereto and by this reference made a part of this Agreement.Any Services not shown on Exhibit A shall be considered Additional Services.Additional Services may only be added by written change order, amendment or supplement to this agreement signed by both parties. TIMELINESS:Professional will perform its services with reasonable diligence and expediency consistent with sound professional practices and within the time period(s),if any,set forth in Exhibit A. STANDARD OF CARE:In providing Services under this Agreement,the Professional shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same professional discipline currently practicing under similar circumstances at the same time and in the same or similar locality.Professional makes no warranty,express or implied,as to its professional services rendered under this Agreement Client shall promptly report to Professional any defects or suspected defects in the Professional's Services of which Client becomes aware.Vt/ithholdings,deductions or offsets shall not be made from the Professional's compensation for any reason unless the professional has been found to be legally liable for such amounts by a court of competent jurisdiction. INVOICE,PAYMENT,INTEREST,SUSPENSION:Professional shall prepare invoices in accordance with its standard invoicing practices and submit the invoice(s)to Client on a monthly basis.Client agrees to timely pay each invoice within 30 days of the invoice date.Payments not paid within said 30 days shall accrue interest on unpaid balances at the rate of 9.5%per month (or the maximum rate of interest permitted by law,if less)from said 30th day.In addition,Professional may,after giving 7 days written notice to Client, suspend services under this Agreement until Professional has been paid in full for Services,interest, expenses and other related charges rendered,accrued,advanced and/or incurred by Professional to the date of suspension.Client waives any and all claims against Professional arising out of or resulting from said suspension.Payments will be credited first to interest,then to expenses,then to principal. RELIANCE:The Client shall furnish,at its expense,all information,requirements,reports,data,surveys and instructions required by this Agreement and Professional may use such furnished information and material in performing its services and is entitled to rely upon the accuracy and completeness thereof.The Professional shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Client's consultants and contractors. ASSIGNMENT:Client shall not transfer,sublet or assign any rights or duties under or interest in this Agreement,without the prior written consent of Professional. OWNERSHIP OF INSTRUMENTS OF SERVICE:The Client acknowledges the Professional's reports, studies,plans,specifications,.and other d'ocuments,including electronic files,as the work papers of the Professional and the Professional's,Instruments of professional service.Nevertheless,the final printed hard copy of the documents prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the Professional.The Client shall not reuse or make any modification to the documents,except to the extent necessary to repair,maintain, modify,extend or enlarge the project infrastructure that was the subject of the service. 8.1.The Client agrees,to the fullest extent permitted by law,to defend,indemnify and hold harmless the Professional,its officers,directors,employees and subconsultants (collectively,Professional)against any damages,liabilities or costs,including reasonable attorneys.'fees and defense costs,arising from or allegedly arising from or in any way connected with the reuse on another project or modification of Rev.5-1 0-2013 Page I 1 the documents by Client,or by others for Client's use,or for the use by any person or entity that acquires or obtains the documents from or through the Client,without the written authorization from or adaptation by the Professional for each such reuse or modification,including the exceptions above. 9.MUTUAL INDEMNIFICATION:The Professional and the Client mutually agree,to the fullest extent permitted by law,to indemnify and hold each other harmless from any and all damages,liabilities or costs, including reasonable attorneys'fees and defense costs,arising from their own negligent acts,errors or omissions,or willful misconduct in the performance of their services,duties and responsibilities under this Agreement,to the extent that each party is responsible for such damages,liabilities and costs on a comparative basis of fault. 10.MUTUAL WAIVERS:Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law,neither the Client nor the Professional,their respective officers,directors,partners, employees,contractors or subconsultants shall make any claim against the other for any incidental,indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement 11.DISPUTE RESOLUTION:Any disputes that arise during the Project or following the completion of the Project will be resoived by representatives from each party who have authority to settle.Those issues not resolved shall be submitted to formal nonbinding mediation prior to submission to a court of competent jurisdiction. 12.SEVERABILITY:If any term or provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law,such holding shall be applied only to the provision so held,and the remainder of this Agreement shall remain in full force and effect. 13.SURVIVAL:Notwithstanding completion or termination of this Agreement for any reason,all rights duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. 14.GOVERNING LAW AND JURISDICTION:The Client.and the Professional agr~e.that..this Agreement and. any legal actions concerning its validity,interpretation and performance shail be governed by the laws of the State of iowa,without regard to any conflict of laws provisions,which may apply the laws of other jurisdictions.It is further agreed that any legal action between the Client and the Professional arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of iowa. 15,ATTORNEYS FEES,COSTS:In the event legal action is necessary to enforce the payment terms of this Agreement,Professional shall be entitled to collect from Client and Client agrees to pay to Professional any judgment or settlement sum(s)due,plus reasonable attorneys'fees,court costs and other expenses incurred by Professional for such collection action and,in addition,the reasonable value of the Professional's time and expenses spent for such collection action,computed according to the Professional's prevailing fee schedule and expense policy. 16.INCORPORATION BY REFERENCE:It is understood and agreed that the provisions of the following attached Exhibits are incorporated herein and by this reference made a part of this Agreement: Exhibit A Scope,Time,Fees Exhibit Exhibit Exhibit CITY OF AUKEE IOW (Client)SNYDER 8 A SOCIATES,I ~.rofessional) By: (A orized ag nt) i (Printed or typ d gnature) By: (Authorized agent) (Printed or typed signature) P~oute executed Copy to:Mal k Per rngton Rev.5-10-2013 Paoe I 2 EXHIBIT A -SCOPE OF SERVICES U.S.Highway 6 Pedestrian Underpass Feasibility Study WAUKEE,IOWA CLIBNTIOWbKR:CITY OF WAUKEB PUBLIC WORKS 805 UNIVERSITY AVENUE WAUKBE,IOWA 50263 ENGINEER:SNYDER k ASSOCIATES,INC. 2727 SW SNYDER BLVD. ANKENY,IA 50023 PROJECT:DETERMINE FEASIBILITY AND ANTICPATED COST OF A NEW PEDESTRIAN TUNNEL UNDER U.S HIGHWAY 6 PIICKMAN ROAD)JUST WEST OF WARRIOR LANE. DATE:June 12,2014 GENERAL OB JECTIVE The City Gf Waukee desires a pedestrian tunnel under U.S.Highway 6 approximately 500 feet west of the Warrior Lane intersection.The site is a challenging location,since there are multiple drainageways,culverts and storm sewer structures in proximity,all of which have Qowlines that will be higher than the floor elevation of a pedestrian tunnel.However,there appears to be opportunity to construct the tunnel between the drainage systems with some modifications. Since the tunnel will be low and exposed to rainfall at each end,some level of pump system will be required.Hydraulic calculations will be needed to determine the geometiic capacity needs of the conveyance systems adjacent to the tunnel.The following services are anticipated in order to determine the feasibility and cost of the pedestrian underpass for funding purposes. SCOPE OF SERVICES: l.Attend a study kickoff meeting with CITY staff to discuss background information,citizen concerns, overall trail plans,pending development,etc. 2.Perform topographic survey of existing features,ground elevations,and stream channel cross sections and flow lines.Utilities will be located to Quality Level "C",which includes shots on field locates, but not precise location through potholing or other methods.Research Iowa DOT permit records for utility installations. 3.Prepare a preliminary design layout for a pedestrian tunnel and approach trails,including modifications to existing drainage structures and infrastructure. 4.Prepare a preliminary staging and traffic control plan suitable for initiating discussions with Iowa DOT District 4. C:&UsersVmvoelker&ppDataU.ocaMvficrosott'tWindovrs&Tetnporary internet Fi1eslContent.Outlook&UG1 6GMHFlTnnnel Feasibility Scope Exh A,docx Page 1 of 3 5.Perform storm water calculations and hydraulic analysis to determine pumping requirements for the tunnel,and capacities and geometries of adjacent storm water conveyance systems. 6.Estimate the total project costs to a planning level suitable for funding applications. 7.Identify applicable funding sources and prepare a strategic funding application plan. 8.Prepare a report of the findings and recommendations of the study. 9.Attend meetings with CITY staff or Council as requested to review findings. 10.Prepare or assist in the preparation of funding applications until the proj ect is funded adequately for further project development. PROJBCT FBE AND SCHEDULE: ENGINEER will complete the above services on an hourly rate plus direct expenses basis.Hourly rate services will be based on the attached standard fee schedule. Task 1-9 Pedestrian Tunnel Feasibility Study $11,600 (estimated fee) Task 10 Funding Applications hourly +expenses The ENGINEER will begin work upon notice to proceed.Assuming a start date in early July 2014,the work should be complete by the end of August 2014. The BNGINBBR has reviewed the basic feasibility of the tunnel as part of the development of this agreement and has not discovered any fatal flaws with the concept.If,during the course of the work a fatal fiaw is discovered,the ENGINEER will notify the CITY immediately and will stop work on the project.The fee shown is an estimated maximum for the scope of work described.If the ENGINEER believes this amount will be exceeded,the CITY will be notified in writing. ADDITIONAL SERVICES: If the CITY should request additional services related to the above-listed services or if the extent of modifications vary significantly from those listed above,the ENGINEER will complete additional services on an hourly rate plus direct expenses basis upon a notice to proceed from the CITY. Anticipated future additional services could include: ~Boundary survey ~Design and construction plans for the improvements ~Advertizing for bids or coordination through the Iowa DOT bid process ~Environmental clearance ~Permits ~Construction phase services C:IUsersirmvoelkerMypoataQ.ocaludicrosoti)windows'temporary Internet FileshContent.OotlookhUG16GMHF&Tnnnet Feasibility Scope Hxb A.docx Page 2 of 3 SNYDER:8'AS-SOClATErS.,INC:; 20:14-15: STANDARD:FEE SCHEDULE- Bitling CllasSificatioI1 jLevel Billirig .R'ate- ~~ Proj e'crt'Mantager:,::Planner,=Right.-.of-;Way::Agent,.-'Graphic:Desi'gner Jiiiicrljal 'Steruor- $16c9;-00„:=179.00 /hour $15'0.00./hour.= Mirage 'Outst'de Servi'ces' I I IU III'''.II' :I. Technicians-.-'CADI Burn/ep;:='.Construcrtion'Obseiva'tloni L'ea'ci '-rior $1'3400r /hour- $129:00::/ht.our- $12-.IA')0"4oiir"- $1'10,.00r /ahoQr' $99.05'/fiour- $92:-00:—:/haour, $79.00'/hour.' $1:08.00./hour $Ã4,00:../h'osutrr= ' $97-t00='/¹ucrs $89,.00:/hour'. $79..D'0.:/hotur $77,:00=/horlr=. $66,0.0-'/h6ur." $.55:00::/huur-. $46=-00:/ho '=. $41-09::/holi'i'- $5$,-..00x /h'urs ' $4'5.00-:/houi'. ct1ij".e'rrt IR9i'taridar2:rang. AsIrivoiced- C:&Users4mvoe]kerV ppDataU.ocaMvficrosoitWindowshTemporary Internet FilesIContent.Outlook)UGI 6GMHFITunnel Feasibility Scope Exb A.docx Page 3 of 3