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HomeMy WebLinkAbout2015-01-05-Resolutions 15-022_LA Grant Pkwy-Ashworth Rd Intersection - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-022 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THK CITY OF WAUKKK AND SNYDER &ASSOCIATES [SK L.A.GRANT PARIAVAY AND ASHWORTH ROAD INTERSECTION IMPROVEMENTS] IN THE NAAIE AND BY THE A UTHORITY OF THE CITY OF O'A UXEE,IOPM 'WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,on July 7,2014,the Waukee City Council approved an agreement with Snyder 8c 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 (Resolution 414-177);AND, 'WHEREAS,based on the results of that traffic review,City staff recommends approval of an agreement with Snyder 2 Associates for survey,design of intersection improvements,development of bid documents and construction services;AND, WHEREAS,the engineering services agreement has been reviewed and approved by the Waukee 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 &Associates [SE L.A.Grant Parkway and Ashworth Road Intersection linprovements],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 5'"ay of January,2015. Wi liam F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X ABSENT ABSTAIN Seven~a Aesaewvae.lwe. Enainnnm ann pinnnnry STANDARD PROFESSIONAL SERVICES AGREEMENT (Short Form) NOW ON THIS 5~day of Q~4HA 20J6 Snyder 8 Associates Inc. 2727 SW Snyder Boulevard.,Ankeny,IA 5002 (hereinafter,Professional),and Cit of Waukee Public Works 805 Universit Avenue Waukee IA 50263 (hereinafter,Client)do.hereby agree as follows: 2. 4 5. 6. 7. 8. PROJECT:Professional agrees to provide Professional Services (Services)for Client's project known and identified as:SE LA Grant K Ashworth Intersection Im rovements 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. TIIVIELINESS: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 se'rvices 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 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 1.5%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 wil(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 e'rroneous or incomplete information provided by the Client and/or the Client's consultants and contractors. ASSIGNIVlENT: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 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 subconsuitants (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.5-10-2013 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 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: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 B Standard Fee Schedule CITY OF U EE IO Exhibit Exhibit lient)SNYDER &SOC ATES,INC.ofessional) By: thorized agent) By (Authorized agent) (Printed or typed signature) Dd.A).'dt(I (Printed or typed signature) Route executed copy to:Mark Perington Rev.5-i 0-2013 Page I2 EXHIBIT "A" SCOPE OF SERVICES SE LA GRANT A ASHWORTH INTERSECTION IMPROVEMENTS CITY OF WAUKEK,IOWA I.GENERAL This Scope of Services outlines fhe professional services required to complete the proposed SE LA Grant Parkway R Ashwoith Road intersection and traffic signal improvements.Recommendation for intersection.traffic signalization and minor roadway widening improvements were included in the October 14,2014 SE LA Grant Parkway re Ashw orth Road Intersection Review prepared by Snyder & Associates,Inc.The project includes construction of a westbound right turn lane on Ashworth Road, and installation of a span wire traffic signal at the intersection.Professional services generally include survey,design.of intersection improvements,development ofbid documents,and construction services. It is assumed all work will be within ROW limits,and only temporaiy construction easements,if needed will be obtained. II.SCOPE OF SERVICES A.ADMINISTRATION 1.Project management,scheduling,progress report,and billing. 2.Coordinate with utility companies located within the project bouridaries. 3.Attend 1-2 project review meetings with the Client over the course of the project,as needed. B.TOPOGRAPHIC SURVEY 1.Topographic Survey:Utilize intersection topograpluc survey data and AutoCAD files as provided by Bishop Engineering per prior work for School District.No additional field survey is expected in scope of services. 2.Utility Coordination:Through Iowtt One-Call,obtain maps fiom utility companies to verify utilities present at thne of Bishop survey,and to check for any new utilities within project nnpact areas,and incorporate on base mapping. C.DESIGN SERVICES Prepare 11"x 17"plans for a.local letting.The following tasks are included in design and plan development: 1.Roadway Details:Provide typical sections and details for proposed improvements,including lane widths,pavement base and surface thicknesses,applicable station ranges,and other details. 2.Quantities and Tabulations:Determine and tabulate bid items and estimated quantities; develop estimate reference information.Tabulate various bid items as necessary.Deterinine eaithwork quantities through average end area analysis of'cross sections.Develop an opinion of probable construction cost. P Mgreements&WankeeU,AGrant AshwortlALAGrant Asbworth Int Impr Hxb A v2.doex Page 1 of 6 3.Plan and Profile Sheets:Determine geometry and veitical profile for pavement widening and rettuns.Roadway design will meet the requirements of the Statewide Urban Design and Specifications (SUDAS)Display improvements on 20 scale plan sheet(s). 4.Survey Control Iufortnation:Show all benchtuarks,control points,and aligrunent chains. 5.Intersection Sheets:Develop staking sheets for the intersection and curb return profiles for the reconstructed return.Deteriniue return geometry and centerline profiles for and affected entrances. 6.Drainage and Utility Design:Deteruune storm sewer and intake needs associated with proposed uuprovements,Identify existing utility apputtenances to be relocated.Available calculations on existiug structures aud pipes will be supplied by the Client. 7.Traffic Control:Develop traffic control and staging plans for the improvements.Determine pavement marking layouts. 8.ROW Layout:Deteruune proposed ROW or easements uecessary for improvements.Include proposed ROW in plau sheets. 9.Traffic Signal Design: a.Prepare traffic signal design and plans using topographic base mapping,proposed intersection geometric design,and available design standards for the City of Waukee,and the Manual on Uniform Traffic Contro/Devices. b.Plan sheets to be prepared by the Engineer are expected to ioclude the following:Signal General Notes,Quantities,Detail sheet;and Signal Layout /Wiring Diagram /Phasing sheet. c.Iowa Statewide Urban Standard Specifications (SUDAS)will be used for the project. Any additional requiremeuts or variations fiom SUDAS specifications will be included in the plans or special provisions. 12.Bid Documents:Prepare bid documents as needed for a local letting,using City and/or SUDAS standard documents. 13.Bid Period Assistance:Clarify project issues as they arise during thc bidding process.Review bids,and provide the Client with a recommendation regardiug the award of the construction contract. D.CONSTRUCTION SERVICES Upon award of the construction contract,Professional will perform the following administrative services duriug construction of the project.Professional will assist the Client as a Resident Construction Engineer and will oversee construction administration duties for the duration of the coustruction phases.Client may provide day to day construction observation review and documentation of work activityā€˛pendiug Client workload decision in spring 2015.Professional Services will include the following: P:MgreementstWankee&LAGrant AshworthtLAGrant Ashtvorth Int rrnpr uxh A v2,docx Page 2 of 6 1.Preconstruction Meeting:Arrange and conduct a preconstruction meeting with the Contractor,Subcontractor(s),Client,and utility companies to review project requirements, .aud work schedule.Prepare mimifes of the meeting and distribute to all patties in attendance. 2.Construction Survey:Construction staking for improvements illustrated on the construction plans including rough grading,storm sewer,pavement removals,pavement placement and traffic signals.The construction documents will contain a provision that the Professional will provide one set of stakes for each construction operation.Any staking that is destroyed due to construction that has to be replaced,will be at the Contractor's expense. 3.Submittals Review:Review shop drawings,test repoits,catalog cuts,and materials ceitifications for compliance with project specifications. 4.Payment Applications and Change Orders:Develop pay applications based on Contractor's request and progress of work,and negotiate change orders for approval by the Clieut. Payment to the Contractor will be made directly by the Client. 5.Traffic Signal Turn-on/Timings:Attend initial turn-on of traffic signal and assist with tuning adjustments for basic operation. 6.Coustruction Obsecration:Professional will provide Resident Engineer or Resident Construction Observer for the PROJECT as reqIIired during the Construction Phases.If the Contractor requests a waiver of auy provisions of the plans and specifications,Professional will malce a recommendation on the request to the Client for their determination.No waiver shall be granted if such waiver would serve to reduce the quality of the final product,The Client shall never be deemed to have authorized the Professional to consent to the use of defective workmanship or materials.The Resident Bngiiieer or Construction Observer will give guidance to the PROJECT during the construction periods,including the following: a.Setting and/or checking of lines and grades required during constnxction. b.Observation of the work for general compliance with plans and specifications, Observation does not include observation or administration of the Storm Water Pollution Prevent Plan (SWPPP),if any is required for the site,winch is the sole responsibility of Client. c.I&eep a record or log of Contractor's activities throughout construction,including notation on the nature and cost of any extra work or changes ordered during construction. d.Resident Services provide the Client with representation at the job site during the Constructiou Phases of the PROJECT which results in increasing the probability that the PROJECT will be constructed in substantial compliance with the plans and specifications, and Contract Documents.However,such Resident Services do not guarantee the Contractor's perfonnance.Resident services do not include responsibility for construction means,controls,teclmiques,sequences,procedures or safety. 7.Construction Testing.The Resident Engineer or Construction Observer will coordinate the acceptance testing aud monitoring according to City requireuients. a.Field moisture and density tests by private testing laboratory. P:IAgreementsIWsnkeetLAGrsnt AshworthU.AGrnnt Ashworth Int Impr Exh A v2.doex Page 3 of 6 b.Concrete compressive tests by private testing laboratoiy and deliveries to laboratoiy. c,Assurance sampling,testing,and source inspection is not expected to be provided by the Professional. 8.I"iual Walk-Through.Conduct final walk-through of completed improvements with Client, and Contractor,Develop punch list of items to be completed by Contractor. 9.Record Drawings:Develop a set of record drawings including known changes niade to the proposed improvements during the construction period.The record drawings will be provided to the Client in electronic format. E.ADDITIONAL SERVICES If requested by the Client,the followiug additional services will be provided tlirough suppleinental agreement: 1.ConstructionFasetment Plats:Provide Temporaty Construction Easement Plats in accordance with the Iowa Code.This service includes,a drawing at a suitable scale depicting the need(s) of the Easement will be delivered upon completion.All Easement Plats will be provided to Client for negotiation with the property owners.A maximum of four (4)plats are assumed. III.FEES Professional will perform the above basic services on a lump sum or hourly rate plus expenses basis,as iudicated below.Requested additional services will be performed on hourly rate and expenses basis,or as determined by suppieinental agreement.The maximum fees for services shall not exceed the following without written approval of the Client.IZoiuly rates will be in accordance with the standard fee schedule in effect at the tune the services are performed.A copy of the current standard.fee schedule is attached.If the Client should request extra services beyond the above listed services or if the extent of design modifications to be constructed vary significantly fi om concept,the Professional wiii notify the Client m writing,and supplemental scope of services and budget for extra work will be determmed. Basic Services: Administration Topographic Survey Design Services SUB TOTAL Construction Services TOTAL $1,900 $700$5,800 $8,400 Lump Sum Budget $5,600 Not to exceed Budget,Hourly +Expenses $14,000 Maxinnun Budget p:V greements&waukee)LAGrant AshworthKAGrant Ashworth Int Irnpr Exh A v2.doex Page 4 of 6 Additional Services: Easement Plats Services TBD*(hourly rate) ~Pee Budget to be determined after further definition of project needs/design and if Construction Easement required for project construction. IV.SCHEDULE Work will be perforined according to a mutually agreeable schedule between the Client and the Professional General obj ective of project is a potential project letting in April 2015,and completion of construction by August 1,2015. V.RESPONSIBILITIES OP CLIENT A.Provide relevant record drawings and site plans. B,Provide City utility information. C.Council proceedings/action items. D.Resident construction observation (optional). E.Coordination.with impacted propeity/business owners. P:tASreements)waukee)LAGrant AslnvortlALAGraot Ashvrorth IntImpr Exit A v2.doux Page 5 of 6 SNYDER 8 ASSOCIATES,INC. 2014-15 STANDARD FEE SCHEDULE Billing Classification/Level Billing Rate Engineer,Landscape Architect,Land Surveyor,Legal,GIS,Environmental Scientist Proect Mana er,Planner,Ri ht-of-Wa A ent,Gra hie Desi ner Princi ai Selliol' VIII VII VI $169.00-179.00 /hour $150.00 /hotrr $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,Surve,Construction Observation Lead Senior VIII VII VI $108,00 /hour $104.00 /hour $97.00 /hour $89.00 /hou'r $79.00 /hour $72.00 /hour $66.00 /hotrr $55.00 /hour $46.00 /hour $41.00 /hour $55.00 /hour $45.00 /hour Milea e Outside Services current IItS standard rate As Invoiced. P:IAgreementsIWankeeKAGrant AshrvorthU,AGrant Ashworth Int Impr Hxh A v2.doex Page 6 of 6