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
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ABSENT ABSTAIN
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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:
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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.
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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.
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EXHIBIT 8
SNYDER 8c ASSOCIATES,INC.
20'l4-I 5
STANDARD FEE SCHEDULE
Billing Classification/Level Billing Rate
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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
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