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HomeMy WebLinkAbout2017-05-08-D03 Agreement_Snyder and Associates_Waukee High School Trail Connection AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 8, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Professional Services Agreement with Snyder & Associates [Windfield/High School Trail Connection Project, Phase 1 FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The Agreement is for the proposed neighborhood trail connection from SE Bobwhite Lane south across and along the former railroad grade to the High School and Middle School. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Not to exceed $31,500 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SNYDER & ASSOCIATES, INC. [WINDFIELD/HIGH SCHOOL TRAIL CONNECTION PROJECT, PHASE 1] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the services of Snyder & Associates, Inc., to provide design services for the proposed neighborhood trail connection from SE Bobwhite Lane south across and along the former railroad grade to the High School and Middle School; AND, WHEREAS, the City Attorney has reviewed the Agreement for Professional Consulting Services and finds it satisfactory; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Snyder & Associates, Inc. [Windfield/High School Trail Connection Project, Phase 1] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 8th day of May, 2017. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon 1   AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WINDFIELD/HIGH SCHOOL TRAIL – PHASE 1 City Project No. _______ This Agreement is made and entered into this ____ day of ____________, 201__, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and _ Snyder & Associates, Inc., (Fed. ID #42-1379015), a professional corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE 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 further described in Attachment 1, 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 the following sums NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. Work and obligation for payment for each task below will not commence until a phase/task is authorized by the Director of Public Works, in writing. I. Basic Services of the Consultant (Lump Sum Each Phase Authorized) Task 1: Boundary and Topo Survey Services $_5,700____ Task 2: Trail Design (Neighborhood Connection) $21,000____ Task 3: Easement Acquisition $_4,800____ Total $31,500____ B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually 2   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 final deliverables in accordance with the Scope of Services. C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing 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 A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury 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. B. 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 be 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 insurance, by an insurance 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 receipt requested of the cancellation or material alteration of the professional liability policy. 3   E. Failure of Consultant to maintain any 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: Name: City of Waukee Name: Snyder & Associates, Inc. Attn: John Gibson Attn: David N. Moeller Title: Director of Public Works Title: President Address: 230 W. Hickman Road Address: 2727 SW Snyder Blvd. City, State: Waukee, IA 50263 City, State: Ankeny, IA 50023 6. GENERAL COMPLIANCE In the conduct of the professional 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 Consultant 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 4   Consultant will not discriminate against any employee of applicant for employment because of 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 damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance 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. In the event that sufficient 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. 13. 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 compensable work 5   to be 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 compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to 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 feasible 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 party. 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 provide 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 fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. 6   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 I. 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. II. Upon ten (10) days written notice to the Consultant, the City may terminate 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 the work performed up to the date the Agreement is terminated. III. 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. IV. 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. V. The Consultant may terminate this Agreement if it is found that the City has violated any material term 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 7   applicable. The City is a municipal corporation and not subject to state and local 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 jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE By: ________________________________ By: __________________________ Name: _____________________________ William F. Peard, Mayor Title: ______________________________ 8   ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. I. GENERAL This Scope of Services outlines the professional services required to complete the proposed neighborhood trail connection from SE Bobwhite Lane south and across/along the former railroad grade to Waukee High School and Prairieview School. See attached improvement concept drawings. Professional services generally include survey, preliminary and final design, utility coordination, cost opinions and easement acquisition. II. SCOPE OF SERVICES A. TASK 1 – BOUNDARY AND TOPOGRAPHICAL SURVEY 1. ADMINISTRATION i. Project management, scheduling, progress reports, and billing. 2. SURVEY i. Topographic Survey and site features within the project area. ii. Field verification of the existing boundary line(s) to facilitate design or concept needs and enable creation of construction documents. iii. Exhibit preparation for City coordination with affected property owners. iv. Easement plat preparation. B. TASK 2 – TRAIL DESIGN 1. ADMINISTRATION i. Project management, scheduling, progress report, and billing. ii. Project coordination for engineering and coordination with the City, School District, and utility companies. iii. Project design review with the City as needed. iv. Miscellaneous meetings to review progress and attend informal meetings. Two (2) meetings are assumed. 2. PRELIMINARY DESIGN i. Preparation of a preliminary design for the realigned 10-foot wide paved trail based upon SUDAS design specifications. This design stage will include considerations for the route to the school. The trail design will also consider options for traversing the existing 9   paved drainage channel which may include culverts or a pre- engineered bridge. ii. A hydraulic analysis will also be conducted to determine additional crossing designs to provide a range of cost-effective options. iii. Coordinate with utility companies located within the project boundaries. iv. Prepare a preliminary cost opinion to accompany the plan set. 3. FINAL TRAIL DESIGN AND PLAN PRODUCTION i. Construction plans to include details necessary for project construction. This may involve the following items: 1. Title Sheet 2. General project notes, estimated construction quantities, and estimate reference information 3. Typical trail cross section(s) and details 4. Plan and profile sheets with horizontal alignment and vertical profile, construction limits, ditch grading, and general trail culvert information, in applicable. 5. Survey staking and benchmark sheet showing survey control information and alignment data 6. Cross sections at 50’ intervals or overall grading plan 7. Location of utility adjustments, if any 8. Storm water pollution prevention plan (SWPPP) general notes and supplementary information, as required ii. Construction Specifications utilizing SUDAS and contract documents iii. Opinion of Probable Construction Costs C. TASK 3 – EASEMENT ACQUISITION 1. RIGHT OF WAY NEGOTIATION AND CLOSING i. Consultant will provide State of Iowa licensed real estate agents who will negotiate and endeavor to acquire for the Client all of the necessary easements and/or real property parcels needed for the Project. Brian DePrez, Mary Ann Carnock and Jerry Floyd are employees of Consultant, and are state of Iowa licensed real estate sales persons with SNYDER & ASSOCIATES RIGHT-OF-WAY SERVICES, LLC, Ankeny, Iowa, a State of Iowa licensed real estate broker and a wholly owned subsidiary of Consultant. Brian DePrez and/or Mary Ann Carnock and/or Jerry Floyd will be designated as “Appointed Agent” and will represent the Client in a “Buyer Exclusive Agency” capacity in all matters pertaining to the negotiation and acquisition of easements and/or real property for said public improvement project. Client shall also be a Client of Appointed Agent. 10   ii. Client does hereby request Appointed Agent to select, prepare and complete form documents for use incident as to a residential real estate transaction of four units or less. Such documents shall be limited to: (1) purchase offers or purchase agreements, provided the parties are given written notice that these are binding legal documents and competent legal advice should be sought before signing; and (2) declaration of value forms. iii. Client and Consultant acknowledge and agree that the Appointed Agents are required to adhere to Federal and State of Iowa statutes; the rules of the Supreme Court of Iowa as they may pertain to real estate agents; the rules and regulations promulgated by the Iowa Real Estate Commission; and, the Iowa Administrative Rules and regulations in regards to real estate agents’ conduct, responsibilities, and duties. Said statutes, rules and regulations will supersede and be paramount to any provision contained herein, anything to the contrary notwithstanding. iv. IN REGARDS TO ACQUISITIONS, CONSULTANT WILL: 1. Attend initial project meetings with the representatives of Client to establish lines of communication regarding elements of the scope and schedule and to set property acquisition parameters for the Project; 2. Complete a parcel file for each property involved with the Project in accordance with the needs of Client and/or the Project requirements; 3. Retain and coordinate the services of an abstractor, who will be a Subconsultant to Consultant, who will prepare Certificates of Title for each parcel to be acquired. 4. Provide and prepare acquisition documents under the direction, review and approval of the Client’s legal department. Acquisition documents may include, but not be limited to: (1) Offer to Purchase, (2) 10 day-waiver, (3) Easements, (4) title clearing documents as directed by Client’s attorney, and (5) release of tenant interest and leasehold claims; 5. Make (through the Appointed Agent) personal and private contacts with each property owner and tenant (the Parties) or their representative to explain the effect of the acquisition, answer questions, present a written offer, and consider counter offers and to make approved offers for 11   administrative settlements. Non-resident property owners will be contacted by certified or registered mail or by U.P.S. 6. Make a good faith effort to acquire the necessary property within 90 days after a written offer has been submitted to the owner and tenant. Negotiations will be considered complete upon occurrence of one of the following: (1) the parties accept the offer, (2) the parties accept an administrative settlement, (3) the parties fail or refuse to accept the offer or administrative settlement, and/or (4) in the judgment of the Consultant, negotiations have reached an impasse; 7. Notify the Client of every parcel on which negotiations have reached an impasse or which cannot be acquired by negotiated Agreement at the completion of the negotiations phase of the work. If the Client is to condemn, the Consultant will deliver as much of the file to the Client as is necessary for the Client’s condemnation attorneys to begin preparation for the condemnation of the parcel. The Client will provide written notice to the parties that the parcel is being prepared for condemnation. The Consultant, when notified in writing by the Client, will continue in an attempt to negotiate an Agreement after notice has been sent that condemnation is being prepared, but before notice of condemnation has been served. Once notice of condemnation has been served, negotiations will cease unless requested by Client to continue as additional services. 8. In the event that Relocation Advisory Assistance Services are needed, such services would be considered additional services. III. RESPONSIBILITIES OF CITY A. Provide relevant record drawings and site plans for committed or planned development. B. Coordination assistance with the Waukee School District. C. Provide City utility information. D. Council proceedings/action items. E. Coordination with impacted property owners. a. Obtain title clearing documents if desired b. Process Council roll calls/requisitions c. Prepare and distribute proceeds checks ATTACHMENT 2 12   PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: TASK 1 - SURVEY- By June 2, 2017 TASK 2 - DESIGN – By June 30, 2017 TASK 3 – EASEMENT ACQUISITION – By July 15, 2017 EXHIBIT Alignment to be coordinated  with School District Future Phase (Heart of the Warrior Extension) 13   ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2017-2018 STANDARD HOURLY RATE SCHEDULE 1.