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HomeMy WebLinkAboutRESOLUTION NO. 2013-23 RESOLUTION NO. 2013-23 RESOLUTION AUTHORIZING CIVIL ENGINEERING AND LAND SURVEYING PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE E. CEMETERY ROAD AND 80'STREET SANITARY SEWER,WATER MAIN,DRAINAGE AND STREET IMPROVEMENTS WHEREAS,the City of Fairfax wishes to extend sanitary sewer and water along E. Cemetery Road and south of Highway 151 and south along Highway 151 to serve the proposed EIB site; extend a sanitary sewer trunk line west from the Arp's lift station to serve the EIS property, existing properties to the west, and future developments to the north-northwest of Fairfax; complete drainage improvements along E. Cemetery Road and south; improve E. Cemetery Road (from Highway 151 to Driftwood Lane) to a P.C.C. street with widened, shoulders to accommodate pedestrian and bike traffic; and improve 80t` Street(from E. Cemetery Road.to Creekside Drive)to a P.C.C. street with widened shoulders to accommodate pedestrian and bike traffic; and erosion repairs to the existing drainage swale along the west side of the Harold McCormick property; and WHEREAS, Hall and Hall Engineers, Inc. has presented a Professional Services Agreement and is requesting that the City of Fairfax enter this agreement for the civil engineering and land surveying professional services for the design and construction administration for these improvements for a total project fee of$320,000.00. NOW THEREFORE,BE IT RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa., that the City of Fairfax does hereby enter into this Professional Services Agreement between the City of Fairfax and Hall and Hall Engineers, Inc. for the civil engineering and land surveying professional services for the design and construction administration for sanitary sewer, water main, drainage and street paving improvements along the general alignments of E. Cemetery Road between Highway 151 and Driftwood Lane, 80`h Street from E. Cemetery Road to Creekside Drive, and south through the Arp's properties. BE IT FUTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this IOday of May, 2013. AYES: Wainwright, Magers, Otto, and Beer NAYS: None ABSENT: Frieden Jason Rabe Mayor ATTEST: !VP Cy hia Stimson A City Clerk/Treasurer Yp HALL & HALL ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIIRFAX AND HALL & HALL ENGINEERS, INC. E. Cemetery Road and 80#`'Street Sanitary Sewer, Water Main, Drainage and Street Improvements TO: Mayor Jason Rabe and City Council Members City of Fairfax, Iowa. � f FROM: Shane R. Wicks, P.E. Mike Dufoe, P.E. City Engineer Project Manager DATE: May 14, 2013 SUBJECT: Civil Engineering and Land Surveying Professional Services for the design and construction administration for sanitary sewer,water main, drainage and street paving improvements along the general alignments of E, Cemetery Road between Highway 151 and Driftwood Lane, 80th Street from E. Cemetery Road to Creekside Drive, and south through the Arp's properties. OVERVIEW The City of Fairfax, (CITY)would like to complete the following project: Extend sanitary sewer and water main to properties along E. Cemetery Road and the south side of Highway 151, and south along Highway 151 to serve the proposed EIB site; Extend a sanitary sewer trunk line west from the Arp's lift station to serve the EIB property, existing properties to the west, and future developments to the north-northwest of Fairfax (including a new lift station wet-well); Complete drainage improvements along E. Cemetery Road and south; Improve E. Cemetery Road (from Highway 151 to Driftwood) Lane) to a P.C.C. street (rural section) with widened shoulders to accommodate pedestrian and bike traffic; and Improve 80"' Street (from E. Cemetery Road to Creekside Drive) to a P.C.C. street (rural section) with widened shoulders to accommodate pedestrian and bike traffic- Street Light Improvements along E. Cemetery Road and the south sidle of 80th Street; and erosion irepairs to the existing drainage swale along the west side of the Harold McCormick property. The CONSULTANT shall also assist the CITY with the Public Bidding process that is required for this project. The CONSULTANT will also provide surveying, observation, and administration services during construction of the site improvements. This agreement between the City of Fairfax and Hall & Hall Engineers, Inc. is effective as of April 10"', 2013. CIVIL ENGINEERING' LAND SUR'V'EYING*LAND DEVELOPMENT PLANNING'LANDSCAPE ARCHITECTURE 1860 Boyson Road, Hiawatha,IA 52233 'Ph; 319.362,9548'Fx 3119.362.7595*www.halleng.com Page 2 2 SCOPE OF SERVICES A. Design Services 2.A.1 Site Topographic Survey & Surface: The CONSULTANT shall perform a topographic survey and prepare base map with a surface of the existing site conditions, including locations of all existing paving, utilities, and structures for all portions of the site where work is proposed. 2.A,2 Boundary Survey with Right-of-Way (R.O.W.) and Easement Exhibits: The CONSULTANT shall perform a boundary survey and prepare R.O.W, and easement exhibits necessary to complete this project. 2.A.3 Sub-Consultant Services. The CONSULTANT shall obtain and coordinate work with the necessary sub-consultants to construct this project. We anticipate sub- consultant services will be necessary to perform geotechnical/sub-surface exploration for the sanitary sewer; wetlands delineation for possible disturbances from construction activities at the south end of the two proposed drainage swales (see 4.3 below); and possible pot-holing of private utilities. We also have JCC lined up to complete an appraisal for the Tom and Patricia Arp property for the City acquisition of the west drainage way and existing utility easement. 2.A.4 Plan of Improvements: The CONSULTANT shall prepare Plan of Improvements for this proposed project.. We anticipate completing this work in two phases, so we will prepare two separate plan of improvements—one for the sanitary sewer,water main, and drainage, and a second for the street paving improvements. As part of the Plan of Improvements, the CONSULTANT shall also design the street lights for E. Cemetery Road and 80th Street within the project limits. The CONSULTANT shall prepare and submit a NPDES Permit Application and gain NPDES Permit Authorization from the IDNR for the CITY. The SWPPP will also be completed by the CONSULTANT as part of the NPDES Permit Authorization for the CITY. We also anticipate that Iowa DNR permits will be required for the sanitary sewer and water main improvements, and an Iowa DOT work in the R.O.W. permit will also be required for project. (THE. CONSULTANT SHALL PAY ALL PERMIT FEES AND PASS THESE FEES DIRECTLY TO THE CITY FOR REIMBURSEMENT). 2.A.5 Construction Bid Documents: The CONSULTANT shall prepare Contract Documents (Project Manual) necessary to competitively bid this project. We anticipate two phases for this work, so we will prepare two project manuals (one for each phase). We will utilize Rapids Reproductions for printing the plans and specifications. B, Bidding Services We anticipate bidding this work in two phases — the first phase will be in 2013 to construct the sanitary sewer, water main and drainage improvements; the second phase will be in 2014 to complete the street paving portion of this project. 2.13.1 Solicit Bids: The CONSULTANT shall submit construction documents to local contractors and construction bidding services in an effort to generate several competitive bidders, 2.13.2 Contractor Questions: The CONSULTANT shall correspond with contractors regarding any questions or comments they may have with the construction documents. t_kprojects1690016950TFY-1 216950-1 2-0 21AdminWProject ManagementlEngineering Agreement\HHE Engineering Services Agreement Ind.Street Lighting 5-13-2013(6950-12-02).doc Page 2.13.3 Addendmmms: The CONSULTANT uhsd| issmemddendumm as necaaaaryduhaQ bidding pnmmemn. 2.B.4 Pre-Construction Meeting: The CONSULTANT shall oversee a pre-construction meeting with the CITY and the Contractor that Is selected to construct the project. C. Construction Services 2.C.1 Construction Surveys: The CONSULTANT shall provide construction staking as necessary to complete the project, Staking shall be provided one time at the request of the CONTRACTOR. Re-staking shall be additional, and shall be the responsibility mf the CONTRACTOR, 2.C.2 Construction Observation: The CONSULTANT nhm|| provide part time, on-sitle construction observation as necessary to observe the improvements as they are completed relative to the construction documents, and to monitor the progress of construction during the construction phase cftbinproject. 2.C.3 Construction Administration: The CONSULTANT oho|| provide oonotruotkzm Administration, including processing pay appdicat|ono and change orders during ' the construction uf this project. 3. FEES � The fees for SCOPE OF SERVICES provided shall be billed as follows: The Total Project SCOPE OF SERVICE FEES SEVICES A Design Services $203,000.00 B Bidding Services $8,000.00 C Construction Services $94,000.00 Sub-Consultants and Expenses(passed through with ino $15,000,00 2-02�AdmimProjL-ctwanagement\Enqmeerinq Agreement\HmeEngmeering Services Agreement Ind.Street Lighting 5-13-2013(6950-12-02),doc Page 4 4. ASSUMPTIONS The professional services that Hall and Hall will provide under this Proposal include, and are limited to, those described above. All other services are specifically excluded. Listed below are assumptions related to this proposal. 4.1 CITY shall pay all permit fees and expenses necessary for the project. 4.2 The CITY shall be the Permittee for the NPDES Permit Authorization, with the construction CONTRACTOR responsible for overseeing and maintaining the SWPPP. The CONSULTANT is responsible for assisting the City with obtaining the permit authorization, if necessary, and assisting the CITY with continuing or discontinuing the permit as needed. 4.3 The services in this agreement to be provided by Hallll and Hall Engineers, Inc. and their Wetlands sub-consultant is only for the purposes of delineating wetlands (determining whether or not there are wetlands within the proposed limits of thhis project, where they are located if there is, and determining what type of wetlands they are). If it is determined that wetlands are located on part of this project site, and we are unable to avoid disturbing them with these improvements, Hall and Hall Engineers will work with our Wetlands sub-consultant to determine how much wetlands will need to be mitigated, and if desired by the CITY, coordinate with a wetlands bank for the CITY to purchase the necessary wetlands credits required to offset any disturbance of existing wetlands. Not included as part of this project scope is the design of any new wetlands that may be required to offset the disturbance of existing wetlands„ or the purchase of any wetland credits. 4.4 Expenses include sub-consulting fees, permit fees, printing costs, mileage and postage. a. ACCEPTANCE AND AUTHORIZATION TO PROCEED If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please sign this agreement in the space provided, initial the attached terms and conditions form in the space provided and return it to Hall and Hall Engineers, Inc. as authorization to proceed with the work. Accepted this 15 day of „ — ------- 2013. Jason be, Mayor City of Fairfax, Iowa ATTEST: LT Sti n hia mson, City C erk Cit of Fairfax, Iowa Or �y r d'9EaMw s. pyy5tif �`; . Encl.: Standard Business Terms pop.. Llprojects%90016950TY-1216950-12-021AdminWroiect ManagementlEngineering Agreement\H'HE Engineering Services Agreement Incl.Street Lighting 5-13-2013(6950-12-02).doc i II Page 5 Terms and Conditions Hall&Hall Engineers, Inc.shall perform the services outlined in this agreement for the stated fee arrangement. Access to Site: Unless otherwise stated, Hall&Hall Engineers, Inc.will have access to the site for activities,but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post-construction between the Client and Firm shall be submitted to non-binding mediation, Client and Firm agree to Include a similar mediation agreement with all contractors, subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.. Billing/Payments: Invoices for Hall & Hall Engineers, Inc.'s services shall be submitted at Hall & Hall Engineers, Inc,'s option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon presentment. If the invoice Is not paid within the immediate 30-day period following presentment, Hall &Hall Engineers, Inc. may, without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate)on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees and said accounts may be assigned to a credit agency, be the basis for mechanics liens on any and all other debt collection remedies available. Indemnification: The Client shall,to the fullest extent permitted by law, indemnify and Ihold harmless Hall&Hall Engineers,Inc.,his or her officers,directors, employees, agents and subconsultants from and against all damage,liability and cost,including reasonable attorney's fees and defense costs,arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, llabilities or costs attributable to the sole negligence or willful misconduct of Hall&Hall Engineers, Inc. Certifications: Guarantees and Warranties Hall & Hall Engineers, Inc.. shall not be ref aired to execute any document that wound result in its certifying, guaranteeing or warranting the existence of conditions whose existence Hall & Hall Engineers, Inc. cannot ascertain. Standard of Care: Services performed by Hall & Hall Engineers, Inc. under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other representation expressed or implied,and no warranty or guarantee!is included or intended in this Agreement„or in any report,opinion document,or otherwise. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Hall& Hall'the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Hall & Hall Engineers, Inc.'s total Inability to the Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed$50,000 or the total fee for this contract,whichever is more. Such causes include, but are not limited to, Hall&Hall Engineers, Inc.'s negligence,errors,omissions,strict liability,breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or Hall & Hall Engineers, Inc. should the other fail to perform its obligations hereunder. In the event of termination,the client shall pay Hall&Hall Engineers, Inc.for all services rendered to the date of termination,all-reimbursable expenses,and reimbursable termination services. Ownership of Documents: All documents produced by Hall &Hall Engineers, Inc. under this agreement shall remain the property of Hall & Hall Engineers, Inc. and may not be used by the Client for any other endeavor without the written consent of Hall & Hall Engineers, Inc. Reimbursables: All expenses will be billed directly to the client and are in addition to the contract amount, unless indicated differently on the front of this document. Initial here (Hall&Hall) ?/f (Client) V Vl:tprojects16900\69501FY-1216950-12-021Admin\Froject rvlanagementVEngineering AgreementlHHE Engineering Services Agreement Incl.Street Lighting 5-13-2043(6950-12-02).doc Page 5 Terms and Conditions Hall & Hall Engineers, Inc. shall perform the services outlined in this agreement for the stated fee arrangement Access to Site: Unless otherwise stated, Hall & Hall Engineers, Inc. will have access to the site for activities, but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post -construction between the Client and Firm shall be submitted to non-binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, sub consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Billing/Payments: Invoices for Hall & Hall Engineers, Inc.'s services shall be submitted at Hall & Hall Engineers, Inc.'s option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon presentment. If the invoice is not paid within the immediate 30 -day period following presentment, Hall & Hall Engineers, Inc. may, without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees and said accounts may be assigned to a credit agency, be the basis for mechanics liens on any and all other debt collection remedies available. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless Hall & Hall Engineers, Inc., his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of Hall & Hall Engineers, Inc. Certifications: Guarantees and Warranties: Hall & Hall Engineers, Inc. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Hall & Hall Engineers, Inc. cannot ascertain. Standard of Care: Services performed by Hall & Hall Engineers, Inc. under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other representation expressed or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion document, or otherwise. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Hall & Hall the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Hall & Hall Engineers, Inc.'s total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed $50,000 or the total fee for this contract, whichever is more. Such causes include, but are not limited to, Hall & Hall Engineers, Inc.'s negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the Client or Hall & Hall Engineers, Inc. should the other fail to perform its obligations hereunder. In the event of termination, the client shall pay Hall & Hall Engineers, Inc. for all services rendered to the date of termination, all -reimbursable expenses, and reimbursable termination services. Ownership of Documents: All documents produced by Hall & Hall Engineers, Inc. under this agreement shall remain the property of Hall & Hall Engineers, Inc. and may not be used by the Client for any other endeavor without the written consent of Hall & Hall Engineers, Inc. Reimbursables: All expenses will be billed directly to the client and are in addition to the contract amount, unless indicated differently on the front of this document. Initial here (Hall & Hall) _ (Client) I:\projects\6900\6950\FY-12\6950-12-021Ndmin\Project Management\Engineering Agreement\HHE Engineering Services Agreement Incl. Street Lighting 5-13-2013 (6950-12-02).doc