HomeMy WebLinkAboutRESOLUTION NO. 2014-12 RESOLUTION NO. 2014-12
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT FOR CONSTRUCTION ENGINEERING SERVICES ON THE
FAIRFAX TRAIL PROJECT FROM EAST CEMETERY ROAD TO SOUTH
FRONT STREET
WHEREAS, the Fairfax City Council has previously entered into a Professional Services
Agreement with Hall and Hall Engineers, Inc. (Resolution No. 2009-51) to provide design and
construction engineering services for the Fairfax Trail Project along the Highway 151 from
Prairie Avenue to East Cemetery Road; and
WHEREAS, the trail alignment along Highway 151 became unavailable after
completing the preliminary design of this trail; and
WHEREAS, the Fairfax. City Council has decided to construct this pedestrian trail along,
a new alignment, which is east of the unnamed tributary to Prairie Creek, instead of the original
proposed trail alignment along Highway 151; and
WHEREAS, the Fairfax. City Council has previously entered into a Supplemental
Agreement to the Professional Services Agreement with Hall and Hall Engineers, -hie.
(Resolution No. 2012-81) to provide design engineering services in connection with the
preparation of the plan of improvements, specifications, and estimates for this trail project along
the new alignment; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services
Agreement to provide construction engineering services in connection with construction
observation, construction administration, and construction staking for this trail project along the
new alignment.
NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to enter into this Professional Services Agreement with Hall and Hall Engineers, Inc.
REIT FURTHER RESOLVED, by the City Council of the City of Fairfax., Soya, that
the Mayor and City Clerk are hereby authorized and directed to execute both.this Resolution and
the Agreement.
Passed and approved this le day of January, 2014.
YES: Beer, Magers, and Wainwright
NAYS: Frieden
ABSENT: Otto
lasl)n Rabe, May
ATTEST:
P
CL `�
a: .'
y hia Stimson, City Clerk/Treasurer
HALL & HALL ENGINEERS,, INC.
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF FAIRFAX AND HALL & HALL ENGINEERS, INC.
Construction Engineering services for the Trail along the East Side of the Unnamed Tributary to
Prairie Creek between East Cemetery Road and S.Front Street
TO: Mayor Jason Rabe and City Council Members
City of Fairfax, Iowa
FROM: /,
Shane R.Wicks, P.E.
Principal
DATE., January 14, 2014
SUBJECT, Construction Engineering Services (CE)-Observation and Administration Professional
Services for the construction of an 11 foot wide paved pedestrian trail along the east
side of the unnamed tributary to Prairie Creek between East Cemetery Road and S.
Front Street. This trail shall include a pedestrian bridge over Prairie Creek, and shall be
approximately 1,600 feet long.
1 OVERVIEW
The City of Fairfax, (CITY)would like to construct a paved trail between East Cemetery Road and
S. Front Street (crossing Prairie Creek). This project shall include the construction of a 11 foot
wide paved trail, approximately 1,600 feet In length, and shall include a pedestrian bridge over
Prairie Creek, which shall be approximately 200 to 240 feet in length. The CITY has obtained
FHWA Enhancement Funds to assist In the design and construction of this trail, The Iowa DOT
shall administer this funding, The Preliminary Engineering (PE) Services for this trail have been
completed under a separate agreement,
2 SCOPE OF SERVICES
A. Construction Enaineerina Services
2.A.1 Construction Staking: This task includes the following:
➢ Staking preparation to assist the field surveyors-
)o Staking the project boundaries/limits(one time).
Staking the bridge approaches for grading(one time).
Staking the storm sewer and embankment protectlon (one time).
Staking the trail subgrade and trail paving(up to two times,total),
➢ Staking the bridge abutments and piers(up to two times,total).
CIVIL ENCINEFRING' LAND SURVEYING'LAND DEVELOPMENT PLANNING"LANDSCAPE ARCHITECTURE
1860 Boyson Road,Hiawatha,, IA 52233'Ph:319 362 9548'Fv 319 362 7595'www halleng cern
Page 2
2.A.2 Construction Observation: This task consists of ensuring that the project is
being constructed per the contract documents, maintaining and recording detailed
daily and weekly inspection journals, and coordination with the City, Contractor,
and Iowa IDOT as necessary,
2.A.3 Construction Administration: This task includes all inter-office administration,
coordination and documentation required to complete the project, along with the
following:
Coordinating and addressing construction issues and concerns as they arise.
Change Orders.
> Pay Applications.
Project Close Out with the Iowa DOT.
3. FEES
The fees for SCOPE OF SERVICES provided shall be billed as follows:
The Total Project Fee shall be billed as a Lump Sum of$58,000.00.
............
SCOPE OF FEES
SERVICE
SEVICES
.....---——-------------------------- .............
Construction Services(See Attachment A for Fee Breakdown) $56,200.00
Expenses(Mileage Testing Permit Fees 1 Etc,) $1,800,00
Total Project Fee: $58,000.00
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 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 to assist the CITY with continuing or discontinuing the permit as needed,
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5. 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 day of ,w r 2014.
Jason Rabe, Mayor
City of Fairfax, Iowa
." A, n
ATTEST: _
� 3 IL _
p O ,
Cynt a Stimson, City Cierk
e
City F Fairfax, Iowa �� ' •a+`o " N �**p
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Encl.: Standard Business Terms
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Terms and Conditions
Hall&Hall Engineers,Inc.shall perforin 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 ail contractors,
subcontractors, sub consultants, suppllers and fabricators, thereby providing for mediation as the primary method for dispute
resolution between all parties,
Billing/Payments: Invoices for Hall & Hail 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 66 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 wMful
misconduct of Hail&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 fait to
perform its obligations hereunder. In the event of terminatlon,the client shall pay Hall&Hell Engineers, Inc.for all services rendered
to the date of terminatlon,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 Ibilled directly to the client and are in addition to the contract amount, unless indicated
differently on the front of this document.
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Initial here .�(Hadi&Hall) (Client)
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