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HomeMy WebLinkAbout2014-07-07-Resolutions 14-177_LA Grant Pkwy-Ashworth Rd Intersection Review - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-177 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKEE AND SNYDER &ASSOCIATES [SK L.A.GRANT PARI&WAY AND ASHWORTH ROAD INTERSECTION REVIEW] IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF 8A USE,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,City staff recommends retaining the services of Snyder 4 Associates,for a traffic review of the intersection of SE L.A.Grant Parkway and Ashworth Road as it relates to the immediate impact of the Timberline School/CAPS facility on area traffic patterns and planning for a potential interim intersection auxiliary lane and/or temporary signalization improvements;AND, WHEREAS,the engineering services agreement 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 between the City of Waukee and Snyder &Associates [SE L.A.Grant Parkway and Ashworth Road Intersection Review],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.P ard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson X X X ABSENT ABSTAIN X 5NYDKR %ASSOCIATES.INC Engineers snri Pisnnsrs STANDARD PROFESSIONAL SERVICES AGREEIIENT (Short Form) NOVI ON THIS ~May of I 20I4,Snyder 8 Associates,Inc., 2727 SW Snyder Boulevard.,Ankeny,IA 0023 (hereinafter,Professional),and Cit of VVaukee Public VVorks 805 Universit Avenue VVaukee IA 50263 (hereinafter,Client)do hereby agree as follows: 2. 4. 5 6 8 PROJECT:Professional agrees to provide Professional Services (Services)for Client's project known and identified as:SE LA Grant Pkw 8 Ashworth Rd intersection Review 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 GARE:In providing Services under this.Agreement,the Professional shall perform in a manner consistent with thai 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.Withholdings,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 couri 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 1.5'/o 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 lo interest,then to expenses,then to principal. RELIANCE:The Client shall furnish,at its expense,ail 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 documents,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 inf'rastructure 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 ofticers,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 l1 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,IIUTUAL 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 resolved 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 agree that this Agreement and any legal actions concerning its validity,interpretation and performance shall 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:ln 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 B Standard Fee Schedule Exhibit Exhibit CITY OF WAUKEE IOW (Client)SN R AS C E INC.{Professional) By: thorize age )(Authorized agent) D~v I U N~&(le .F' (Printed or typed sig at re)(Printed or typed signature} Route executed copy to:Mark Perington Rev.5-1 0-2013 Page I 2 EXHIBIT A -SCOPE OF SERVICES CLIENT:CITY OF WAUKEE PUBLIC WORKS 805 UNIVERSITY AVENUE %'AUKEE,IA 50263 PROFESSIONAL:SNYDER &ASSOCIATES,INC. 2727 SW SNYDER BLVD AMMNY,IOWA 50023 PROJECT:SE LA GRANT PKW Y &ASHWORTH RD INTERSECTION REVIEW DATE:JUNE 24,2014 GENERAL: In coordination with the Waukee Community School District CAPS Site Tragic Impact Update, evaluate the current and proposed traffic demand at intersection of SE LA Grant Parlavay & Ashworth Rd intersection for functional lane or traffic control changes with general traf lac growth and new traffic from the CAPS site.The study will utilize information and analysis performed in the prior Timberline Middle School Ti"affic Study,February 12,20jt3,by Snyder & Associates,Inc. SCOPE OF SERVICES: 1.Data Collection —Utilize peak hour turning movement count data collected in May 2014, perform peak hour observations,and other nuscellaneous field related data for intersection evaluation. 2.Traffic Forecasts —Utilize prior traffic nnpact study forecasts and CAPS Traffic Impact Update information to develop near term (2-3 year)traffic forecasts for the intersection. 3.Intersection Analysis —Perform capacity analysis of intersection to deteirnine anticipated delays in peak hour periods (AM@M).Analyze MUTCD traffic signal warrant analysis for cuiYent and near tenn traffic forecast conditions following opening of Timberline Middle School and CAPS facility. 4.Recommendations —Per intersection analysis develop fimctional geometric recommendations for interim auxiliary turn lane needs,and potential temporary(span wire)traffic signalization. 5.Report —Provide brief tecluncal memorandum report and sketch concept layouts as needed on aerial or files to display proposed intersection changes. 6.Meetings —As needed attend one (1)meeting with City staff to review findings of study. P:Agreements'tWankeeU.AGrant Aslnsortht040613 LAGrant Ashworth Exh A.doex Page 3 of 5 PROJECT FEE AND SCHEDULE: ENGINEER will complete the above sew ices for a lump sum or hourly rate plus direct expenses basis as indicated below.Hourly rate services mill be based on the attached standard fee schedule. Task 1-6 $5,000 lump sum The ENGINEER will begin work upon notice to proceed.It is assumed that the CLIENT would like to have the study completed within 30 calendar days. ADDITIONAL SERVICES: If CLIENT should request additional services related to the above-listed services or if the extent of modifications vaty significantly from those listed above,the ENGINEER will complete additional setvices on an hourly rate plus direct expenses basis upon a notice to proceed by CLIENT. RESPONSIBILITIES OR INFORMATION TO BE PROVIDED BY CLIENT: ~Roadway record drawings/construction plans as available. ~Other known development plans of similar development time fiame. P:tAgreementstWankeetLAGrant Ashworth'1040613 LAGrant Aslnnorth Exh A.doex Page4ot 5 EXHIBIT 8 SNYDER 8c ASSOCIATES,INC. 20'l4-I 5 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate ~~ Engineer,Landscape Architect,Land Surveyor,Legal,GIS,Env/ronmenta/Scientist Project Mana er,Planner,Ri ht-of-Wa A ent,Gra hic Desi ner Principal Senior VII VI IV $169.00-179.00 /hour $150.00 /hour $141.00 /hour $134.00 /hour $129.00 /hour $121.00 /hour $110.00 /hour $99.00 /hour $92.00 /hour $79.00 /hour Technicians-CADD,Survey,Construction Observation Lead Senior Vm VII VI V $108.00 /hour $104.00 /hour $97.00 /hour $89.00 /hour $79.00 /hour $72.00 /hour $66.00 /hour $55.00 /hour $46.00 /hour $41.00 /hour $55.00 /hour $45.00 /hour Mileage Outside Services ctatrent lRS standard rate As Invoiced P:V greemerttaAVaakeeU.AGrant Ashwortht040613 LAGrant Ashworth Exh A.docx Page 5 of 5