HomeMy WebLinkAbout2016-08-01-Resolutions 16-338_Esker Ridge Dr - Grand Prairie Pkwy to Glacier Trl - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-338
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
CIVIL ENGINEERING CONSULTANTS)INC.[SE ESKER RIDGE DRIVE,GRAND
PRAIRIE PARKWAY TO SK GLACIER TRAIL]
IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SE Esker Ridge Drive will serve as the primary access for the Knapp Properties Office
Project in the I'ettlestone Corridor;AND,
WHEREAS,as Civil Engineering Consultants,Inc.(CEC)will serve as site engineer for the office
project,City staff recommends entering into an agreement with CEC to design SE Esker Ridge Drive
in order to facilitate coordination and communication for both projects;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 with Civil Engineering Consultants,Inc.[SE Esker
Ridge Drive,Grand Prairie Parkway to SE Glacier Trail],attached hereto as Exhibit A,is hereby
approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the day of August,2016.
illiam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN
X
X
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Design services for SE Esker Ridge Drive,Approximately 1225 If of street I'rom Grand Prairie
Parkway to SE Glacier Trail.
City Project No.
This Agreement is made and entered into this )+day of Q 0k,2016,by and between
City of Waukee,a municipal corporation,hereinafter referred to s "City,"and Civil Engineering
C 1t t,t .,(FH.IDIO~,I I 6 i p Id dli d d
the laws of the State of Iowa,party of the second part,hereinafter referted to as "Consultant"as
follows:
THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS
DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREFS TO PERFORM THF.
PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR
THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT,
1.SCOPE OF SERVICES
Services provided under this Agreement shall be as ftnther described in Attachment I,Scope
of Services.
2.SCHEDULE
The schedule of the professional services to be performed shall conform to the Schedule set
forth in Attachment 2.Any deviations from the Schedule shall be approved by the authorized
City representative.The City agrees that the Consultant is not responsible for delays arising
from a change in the scope of services,a change in the scale of the Project or delays resulting
from causes not directly or indirectly related to the actions of the Consultant.
3.COMPENSATION
A.In consideration of the professional services provided herein,the City agrees to pay the
Consultant on an hourly rate basis with a Guaranteed Maximum Price of $52,000.00,
including any authorized reimbursable expenses,pursuant to the Schedule of Fees set
forth in Attachment 3.
B.The Consultant shall invoice the City monthly for services,any reimbursable expenses
and any approved amendments to this Agreement,based upon services actually
completed at the time of the invoice.Final payment shall be due and payable within 30
days of the City's acceptance of Consultant's submission of Imal deliverables in
accordance with the Scope of Services.
C.In consideration of the compensation paid to the Consultant,thc Consultant agrees to
perform all professional services to the satisfaction of the City by perfortning the
professional services in a manner consistent with that degree of care and skill ordinarily
exercised by members of Consultant's profession currently practicing under similar
circumstances.If the performance of this Agreement involves the services of others or the
furnishing of equipment,supplies,or materials,the Consultant agrees to pay for the same
in full.
4.INSURANCE
Consultant understands and agrees that Consultant shall have no right of coverage under
any and all existing or future City comprehensive,self or personal injuiy policies.
Consultant shall provide insurance coverage for and on behalf of Consultant that will
sufficiently protect Consultant or Consultant'representative(s)in connection with the
professional services which are to be provided by Consultant pursuant to this Agreement,
including protection from claims for bodily injury,death,property damage,and lost
income.Consultant shall provide worker's compensation insurance coverage for
Consultant and all Consultant's personnel.Consultant shall file applicable insurance
certificates with the City,and shall also provide evidence of the following additional
coverage.
The Consultant shall provide evidence of comprehensive general liability coverage and
contractual liability insurance by an insurance company licensed to do business in the
State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or
death,$1,000,000 general aggregate personal injury and/or death:and $1,000,000 for
each property damage accident.The evidence shall designate the City as an additional
insured,and that it cannot be canceled or materially altered without giving the City at
least thirty (30)days written notice by registered mail,return receipt requested.
C.The Consultant shall also provide evidence of automobile liability coverage in the limits
of at least $1,000,000 bodily injury and property damage combined.The evidence shall
designate the City as an additional insured,and that it cannot bc cancelled or materially
altered without giving the City at least thirty (30)days written notice by registered mail,
return receipt requested.
D.The Consultant shall provide evidence of professional liability insurinice,by an insttrancc
company licensed to do business in the State of Iowa,in the limit of $1,000,000 for
claims arising out of the professional liability of the Consultant.Consultant shall provide
City written notice within five (5)days by registered mail,return rcccipt requested of the
cancellation or material alteration of the professional liability policy.
Failure of Consultant to maintain iniy of the insurance coverages set forth above shall
constitute a material breach of this Agreement
5.NOTICE
Any notice to the parties required under this agreement shall be in writing,delivered to the
person designated below,by United States mail or in hand delivery,at the indicated address
unless otherwise designated in writing.
FOR THE CITY:FOR THE CONSULTANT:
~::C~it fW N
Attn:John Gibson
Title:Director of'Public Works
Address:230 W.Hickman Road
City,State:Waukee IA 50263
Name:Civil Engineering Consultants,Inc.
Attn:Jeny Oliver
Title:Professional Engineer
Address:2400 86'Street,Unit 12
City,State:Des Moines,IA 50322
6.GENERAL COMPLIANCE
In the conduct of the pmfessional services contemplated hereunder,the Consultant shall
comply with applicable state,federal,and local law,rules,and regulations,technical
standards,or specifications issued by the City.Consultant must qualify for and obtain any
required licenses prior to commencement of work,including any professional licenses
necessary to perform work within the State of Iowa,
7.STANDARD OF CARE
Services provided by the Consultiuit under this Agreement shall be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
8.INDEPENDENT CONTRACTOR
Consultant understands and agrees that the Consultant and Consultant's employees and
representatives are not City employees.Consultant shall be solely responsible for payment of
salaries,wages,payroll taxes,unemployment benefits,or any other form of compensation or
benefit to Consultant or Consultant's employees,representatives or other personnel
performing the professional services specified herein,whether it be of a direct or indirect
nature.Further,it is expressly understood and agreed that for such purposes neither
Consultant nor Consultant's employees,representatives or other personnel shall be entitled to
any City payroll,insurance,unemployment,worker's compensation,retirement,or any other
benefits whatsoever.
9.NON-DISCRIMINATION
Consultant will not discriminate against any employee of applicant for employment bccinise
ot'race,color,sex,national origin,religion,age,handicap,or veteran status.Consultant will,
where appropriate or required,take affirmative action to ensure that applicants are employed,
and that employees are treated,during employment,without regard to their race,color,sex,
or national origin,religion,age,handicap,or veteran status.Consultant will cooperate with
the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises
are afforded the maximum opportunity to compete for subcontracts of work under this
Agreement.
10.HOLD HARMLESS
Consultant agrees to indemnify and hold harmless the City,its officers,agents,and
employees from any and all claims,settlements and judgments,to include all reasonable
investigative fees,attorney's fees,and court costs for any diunage or loss which is due to or
arises fiom a breach of this Agreement,or from negligent acts,errors or omissions in the
perfonnance of professional services under this Agreement and those of its sub consultants or
anyone for whom Consultant is legally liable.
11.ASSIGNMENT
Consultant shall not assign or otherwise transfer this Agreement or any right or obligations
therein without first receiving prior written consent of the City.
12.APPROPRIATiON OF FUNDS
The funds appropriated for this Agreement are equal to or exceed the compensation to be
paid to Consultant.The City's continuing obligations under this Agreement may be subject to
appropriation of funding by the City Council,Iu the event that sul'licient funding is not
appropriated in whole or in part for continued performance of'the City's obligations under
this Agreement,or if appropriated funding is not expended due to City spending limitations,
the City may terminate this Agreement without further compensation to the Consultant.To
the greatest extent allowed by law,the City shall compensate Consultant as provided in
Section 18(6)of this Agreement.
l.".AUTHORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acknowledge and agree that no amendment to this
Agreement or other form,order or directive may be issued by the City which requires
additional compensable work to be performed if such work causes the aggregate amount
payable under the amendment,order or directive to exceed the amount appropriated for
this Agreement as listed in Section 3,above,unless the Consultant has been given a
written assurance by the City that lawful appropriation to cover the costs of the additional
work has been made.
B.The Consultant and the City further acknowledge and agree that no amendment to this
Agreement or other form,order or directive which requires additional compensablc work
to bc performed under this Agreement shall be issued by the City unless funds are
available to pay such additional costs,and the Consultant shall not be entitled to any
additional compensation for any additional compensable work performed under this
Agreement.The Consultant expressly waives any right to additional compensation,
whether in law or equity,unless prior to commencing the additional work the Consultant
was given a written amendment,order or directive describing the additional compensablc
work to be performed and setting forth the amount of compensation to be paid,such
amendment,order or directive i.o be signed by the authorized City representative.It is the
Consultant's sole responsibility to know,determine,and ascertain the authority of the
City representative signing any amendment,directive or order.
14.OWNERSHIP OF CONSULTING DOCUMENTS
All sketches,tracings,plans,specifications,reports,and other data prepared under this
Agreement shall become the property.of the City;a reproducible set shall be delivered to the
City at no additional cost to the City upon completion of the plans or termination of the
services of the Consultant.All drawings and data shall be transmitted in a durable material,
with electronic files provided when I'easible to do so.The Consultant's liability for use of the
sketches,tracings,plans,specifications,reports,and other data prepared under this
Agreement shall be limited to the Project.
15,INTERPRETATION
No amendment or modification of this Agreement shall be valid unless expressed in writing
and executed by the parties hereto in the same manner as the execution of the Agreement.
This is a completely integrated Agreement and contains the entire agreement of the parties;
any prior written or oral agreements shall be of no force or effect and shall not be binding
upon either patty.The laws of the State of Iowa shall govern and any judicial action under
the terms of this Agreement shall be exclusively within the jurisdiction of the district court
for Dallas County,Iowa.
16.COMPLIANCE WITH FEDERAL LAW
To the extent any federal appropriation has or will be provided for the Project,or any federal
requirement is imposed on the Project,Consultant agrees that Consultant will comply with all
relevant laws,rules and regulations imposed on City and/or Consultant necessary for receipt
of the federal appropriation.Consultant shall protddc appropriate certification regarding
Consultant's compliance.
17.SOLICITATION AND PERFORMANCE
A.The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the Consultant,to solicit or secure this
Agreement,and that the Consultant has not paid or agreed to pay any company or person
other than a bona tide employee,any fee,commission,percentage,brokerage fee,gift or
contingent fee.
B.The Consultant shall not engage the services of any person or persons in the employ of
the City at the time of commencing such services without the written consent of the City.
18.SUSPENSION AND TERMINATION OF AGREEMENT
A.The right is reserved by the City to suspend this Agreement at any time.Such suspension
may be effected by the City giving written notice to the Consultant,and shall be effective
as of the date established in the suspension notice.Payment for Consultant's services
shall be made by the City for services performed to the date established in the suspension
notice.Should the City reinstate the work after notice of suspension,such reinstatement
may be accomplished by thirty (30)days written notice within a period of six (6)months
after such suspension,unless this period is extended by written consent of the Consultant.
B.Upon ten (10)days written notice (o the Consultant,the City may tettninate the
Agreement at any time if it is found that reasons beyond the control of either the City or
Consultant make it impossible or against the City's interest to complete the Agreement.In
such case,the Consultant shall have no claims against the City except for the value of thc
work performed up to the date the Agreement is terminated.
C.The City may also terminate this Agreement at any time if it is found that the Consultant
has violated any material term or condition of this Agreement or that Consultant has
failed to maintain workers'compensation insurance or other insurance provided for in
this Agreement.In the event of such default by the Consultant,the City may give ten (10)
days written notice to the Consultant of the City's intent to terminate the Agreement.
Consultant shall have ten (10)days from notification to remedy the conditions
constituting the default.
D.In the event that this Agreement is terminated in accordance with paragraph C of this
section,the City may take possession of any work and may complete any work by
whatever means the City may select.The cost of completing said work shall be deducted
from the balance which would have been due to the Consultant had the Agreement not
been terminated and work completed in accordance with contract documents.
E.The Consultant may terminate this Agreement if it is found that the City has violated any
material tenn or condition of this Agreement.In the event of such default by the City,the
Consultant shall give ten (10)days written notice to the City of the Consultant's intent to
terminate the Agreement.City shall have ten (10)days from notification to remedy the
conditions constituting the default.
19.TAXES
The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on
the work covered by this Agreement.The Consultant shall execute and deliver and shall
cause any sub-consultant or subcontractor to execute and deliver to the City certificates as
required to permit the City to make application for refunds of said sales and use taxes as
applicable.The City is a mumcipal corporation and not subject to state and loca!tax,use tax,
or federal excise taxes.
20,SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a court of competent
juriscliction,the remaining portions of this Agreement shall continue in full force encl effect.
2 l.iVIISCELLANEOUS HEADINGS
fitle to articles,paragraphs,and subparagraphs are for information purposes only and shall
not be considered a substantive parr of this Agreement,
22.FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments and clocumcnts
and to take all such other action as the other party may reasonably request front time to time
in order to effect the provisions rutcl purposes of this Agrcemcnt,
23,COUNTERPARTS
This Agreement may be executed in any number ol'coumerparis,each of which shall
constitute an original document,no other counterpart needing to be produced,and all ot
which when taken together shall constitute the same instmmcnt.
IN WITNESS WHERFOF,the parties lhave caused this Agreement to be executed by their duly
authorized officers or agents on thc day and year first above written.
CONSULTANT CITY OF WAUI&EI,zf
arne:
Title:
By
Wi iam I".Peard,ivlayot
ATTACHIvIENT I
SCOPE OF SERVICES
The work to be performed by the Consulranr under this agreement shall encompass and include
detailed work„services,materials,equipment and supplies necessary to complete analysis and
design for the project.
Design Services Includes:
1.Grading
2.Erosion Control including COSESCO and NPDES permits
3.Sanitary including IDNR permit
4.Water Main including IDNR permit
5.Storm Sewer
6.Paving
7.Street Lights
8.Signage and Stripping
Construction Scope Includes:
1.Construction Staking
2.As Builts
Items Not Included:
1.Traffic Signal Design
2.Public Bid Letting
3.Inspection
ATTACHMENT 2
PROJECT SCFIEDULE
The time of completion ol'the scope of services under this Agreement shall be as follosvs:
Construction Plans submitted to City of Waukee for review:August 19,2016
Construction Plans approved by the City of Waukee;August 29,2016
Construction Plans submitted to IDOT and IDNR for approval and permits:September 5,2016
ATTACHMENT 3
SCHEDULE OF FEES
CONSULTANT'S 2016 STANDARD HOURLY RATE SCHEDULE
CLASSIFICATION HOURLY RATE
Principal
Licensed Professional
Design Professional
Survey Technician II
Survey Technician I
Designer
CADD Technician II
CADD Technician I
Survey Crew
Pari Time Inspector
'Full Time Inspector
Clerk Typist
$148.00 per hour
$110.00 per hour
$94.00 per hour
$94.00 per hour
$82.00 per hour
$82.00 per hour
$72.00 per hour
$64,00 per hour
$150.00 per hour
$82.00 per hour
$52.00 per hour
$48.00 per hour
~s ~s
PIlntlng
Mileage
Data Collector
OPS
$2.00/sheet
0.50/mile
25.00/hour
75.00/hour
REIMBURSABLE EXPENSES
l.All materials and supplies used in the performance of work on this project will be billed
at cost.
2.Charges for outside services such as soils and materials testing,fiscal,legal will be billed
at their invoice.
3.All other direct expenses will be invoiced at cost,
10
CERTIFICATE OF LIABILITY INSURANCE R001 7/22/2016
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGAT)VELY AMEND,EXTEND OR ALTER THE COVE RAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
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PO BOX 29611
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2400 86TH ST STE 12
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CERTIFICATE HOLDER
CITY OF WAUKEE
230 N HICK(viAN RD
NAUKEE,IA 50263
ACORD 25 (2816/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLtcIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
hurnonlrso Repeeseerh rsle
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O 1988 201 5 ACORD CORPORATION.AH rights reserved.
The ACORD name and logo are registered marks of ACORD
AC(3RD CERTIFICATE OF LIABILITY INSURANCE
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07/22/2016
THIS CERT(FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
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PRODUCER
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2400 86th Street,Unit 012
Des Moines,IA 50322
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City of Naukee
SHOULD ANY OF YHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
ACCORDANCE 110TH THE POLICY PROVISIONS.
230 H Hl.ckman Rd
Naukee,IA 50263
AUYHDRIIEO REPRESEXTAYIYE
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AGGRO 25 (2014/01)
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