HomeMy WebLinkAboutRESOLUTION NO. 2015-21 RESOLUTION NO. 2015-21
RESOLUTION AUTHORIZING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR PHASES 4 AND 5 WATER
MAIN REPLACEMENT PROJECT
WHEREAS, the Fairfax City Council previously entered into a Professional Services
Agreement with Hall and Hall Engineers, Inc. for Phases 4 and 5 Water Main Replacement
Projects on February 10, 2015; and
WHEREAS, the Fairfax City Council also wishes Hall and Hall Engineers, Inc. to design
Vanderbilt Street Improvements; and
WHEREAS, Hall and Hall Engineers, Inc. has submitted an amendment to the
Professional Services Agreement for Phases 4 and 5 Water Main Replacement Project to add the
Vanderbilt Street Improvement Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to amend the Professional Services Agreement with Hall and Hall Engineers, Inc.
BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and
the Agreement.
Passed and approved this 10th day of March, 2015.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
Jaso Rabe, Mayor
ATTEST:
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Cy hia Stimson, City Clerk/Treasurer
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HALL & HALL ENGINEERS, INC. IV lig'
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF FAIRFAX AND HALL & HALL ENGINEERS, INC.
Vanderbilt Street Improvements and Phase 4 & 5 Water Main Replacement Project
TO: Mayor Jason Rabe and City Council Members
City of Fairfax, Iowa
FROM:
Shane R. Wicks, P.E.
City Engineer
DATE: March 10, 2015
SUBJECT: Civil Engineering and Land Surveying Professional Services for the design and
construction administration/observation for: 1. The removal and re-pavement of
Vanderbilt Street from S. Front Street to the beginning of Sealcoat north of the Union
Pacific Railroad tracks. This will include relocation of overhead utility lines as
necessary, and the addition of sidewalk/shared use path. 2. The replacement of old
water mains, valves, fire hydrants and related facilities along Prairie Avenue, Nickolet
Street, Vanderbilt Street, Park Street, Front Street, and Railroad Street.
1 OVERVIEW
The City of Fairfax, (CITY) would like to complete the following project:
1. Remove the existing pavement and replace it with new pavement along Vanderbilt Street
from S. Front Street to the beginning of sealcoat pavement located between the properties at
218 and 228 Vanderbilt Street. Sidewalk and/or a shared use path will be considered with
these improvements, and street drainage improvements shall also be incorporated as part of
the street improvements. All sanitary sewer services for the lots along this portion of Vanderbilt
Street appears to be from the back or sides of the lots, and we do not anticipate any sanitary
sewer improvements as part of this project. With all projects, especially street improvement
projects, coordination with the adjacent property owners is critical. As part of this project, we
will meet / coordinate with these property owners to determine accessibility needs and any
other concerns or questions they may have.
2. Install new water main, valves, fire hydrants, and related facilities, including water services
from the new main to the existing shut-off, or a new shut-off to be located near the right-of-way
/ property line. The existing water main and water services shall be abandoned in place, with
most of the existing fire hydrants to be removed and disposed of off-site. The top of the
existing valves shall be removed and the base shall be backfilled and buried. The proposed
project includes water main along the following Streets/ Rights-of Way:
CIVIL ENGINEERING*LAND SURVEYING'LAND DEVELOPMENT PLANNING*LANDSCAPE ARCHITECTURE
1860 Boyson Road, Hiawatha, IA 52233`Ph, 319 362 9548 'Fx. 319 362 7595 'www halleng corn
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D Prairie Avenue between Losey Avenue and Nickolet Street;
D Nickolet Street from the end of the Phase 2 water main project to S. Front Street;
• S. Front Street from Nickolet Street to Park Street;
• Vanderbilt Street from approximately 250 feet north of the UPRR tracks to S. Front Street;
• Park Street from the UPRR tracks to S. Front Street;
D Railroad Street from Vanderbilt Street to just east of Reynolds Street.
The CONSULTANT shall prepare the plan of improvements for this project, and prepare and
submit the necessary permits required for the construction of this project. The CONSULTANT
shall utilize Rapids Reproductions as part of the Public Bidding process that is required for this
project. The CONSULTANT shall also provide surveying, observation, and administration services
during the construction of the proposed water main improvements. This agreement between the
City of Fairfax and Hall& Hall Engineers, Inc. is effective as of February 10th, 2015.
2 SCOPE OF SERVICES
A. Design Services (Vanderbilt St. Improvement and Phase 4& 5 Water Main Replacementi
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 Plan of Improvements: The CONSULTANT shall prepare Plan of Improvements
for the proposed Vanderbilt Street Improvements and water main replacement. All
design shall be in accordance with the Cedar-Rapids Metropolitan Area Design
Standards. As part of the Plan of Improvements, the CONSULTANT shall prepare
and submit Water Main Supply Applications-to the Iowa DNR and obtain their
approval for this Project. The CONSULTANT shall also prepare a NPDES Permit
Application and gain NPDES Permit Authorization from the IDNR for the CITY.
The SWPPP would also be completed by the CONSULTANT as part of the
NPDES Permit Authorization for the CITY (ALL PERMIT FEES SHALL BE PAID
BY THE CONSULTANT AND PASSED ONTO THE CITY WITH NO MARK-UP).
The CONSULTANT shall coordinate with the adjacent Utilities regarding the
possibility of relocating along Vanderbilt Street.
2.A.3 Construction Bid Documents: The CONSULTANT shall prepare Contract
Documents (Project Manual) necessary to competitively bid this project.
2.A.4 Public Correspondence: The CONSULTANT shall notify all the property owners
of the upcoming project, and provide public correspondence (answer questions /
address concerns) as they arise.
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B. Bidding Services
2.B.1 Solicit Bids: The CONSULTANT shall submit construction documents to local
contractors and construction bidding services in an effort to generate several
competitive bidders. The CONSULTANT shall utilize Rapids Reproductions to run
copies and host the Bidding Process (RAPIDS REPRODUCTION'S FEES SHALL
BE PAID BY THE CONSULTANT AND PASSED ONTO THE CITY WITH NO
MARK-UP).
2.B.2 Contractor Questions: The CONSULTANT shall correspond with contractors
regarding any questions or comments they may have with the construction
documents.
2.B.3 Addendums: The CONSULTANT shall issue addendums as necessary during
bidding process.
2.B.4 Bid Opening/Bid Tab: The CONSULTANT shall attend and oversee the Bid
Opening. The CONSULTANT shall take all of the responsive bids to prepare a bid
tab and a Recommendation to Award the contract the CITY.
C. Construction Services
2.C.1 Pre-Construction Meeting: The CONSULTANT shall oversee a pre-construction
meeting with the CITY and the Contractor that is selected to construct the project.
2.C.2 Construction Surveys: The CONSULTANT shall provide construction staking
necessary for the CONTRACTOR to complete the project. With this agreement,
the CONSULTANT anticipates that only ten (10) trips to the site shall be necessary
for Construction Staking possible areas where there may be conflicts or precise
improvements necessary (water main), and for storm sewer, street subgrade, and
paving for Vanderbilt Street. This proposal does not include staking for most of
the water main or its related facilities. Staking shall be provided one time at the
request of the CONTRACTOR. Re-staking shall be additional.
2.C.3 Construction Observation: The CONSULTANT shall provide part time, on-site
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 of this project.
2.C.4 Construction Administration: The CONSULTANT shall provide construction
Administration, including processing pay applications and change orders during
the construction of this project.
2.C.5 Public Correspondence: The CONSULTANT shall provide public
correspondence (answer questions/ address concerns) as they arise.
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3. FEES
The fees for SCOPE OF SERVICES provided shall be billed as follows:
The Total Project Fee shall be billed as a Cost Plus to a Maximum of$148,000.00.
SCOPE OF FEES
SEVICES SERVICE
A Design Services $63,000.00
B Bidding Services(Includes Fees for Rapids Reproductions/ $4,500.00
Copies)
C Construction Services $77,000.00
Expenses(Includes Mileage and Permit Fees-passed through $3,500.00
with no Mark-up):
Total Project Fee: $148,000.00
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 CITY shall pay all permit fees and expenses necessary for the project. These fees shall be
passed through the CONSULTANT as part of this agreement at no mark-up to the City.
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, and assisting the
CITY with continuing or discontinuing the permit as needed.
4.3 R.O.W. and /or Easement Acquisitions (coordination /survey/ plats/etc.) are not included as
part of this agreement.
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.
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Accepted this /U day of /dt t4 , 2015.
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Jaso abe, Mayor �,
City f Fairfax, Iowa t K� r;
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ATTEST: '
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nthia Stimson, City Clerk
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F,ity of Fairfax, Iowa "'
Encl.: Standard Business Terms
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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 541 (Hall&Hall) (Client)
•
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RELEASE AGREEMENT
The City of Fairfax, Iowa ("City") has contracted with Taylor Construction, Inc. ("Contractor")to
construct a trail and pedestrian bridge over Prairie Creek ("Project"). The area of the trail and
pedestrian bridge is located along the east side of the unnamed tributary to Prairie Creek between E.
Cemetery Road and S. Front Street ("Project Site"). The Contractor has completed all of the
improvements other than the seed bed preparation and final seeding, which is scheduled to be
completed in the spring of 2015. Therefore, because the Project is not complete, and has not been
accepted by the City, the Project and the Project Site are still the responsibility of the Contractor.
The City desires for the Public (all people, including their pets and possessions)to use the Project/
Project Site prior to the final completion and acceptance of the Project.
The Contractor will allow the Public to use the Project/Project Site with the following conditions:
1. The City releases the Contractor from any claims it has against the Contractor for damages
that may be done to the Project/Project Site by the Public's use of the Project/Project Site
prior to the completion of the Project.
2. The City releases the Contractor from any claims it has against the Contractor for injuries that
may occur to the Public by using the Project/Project Site prior to the completion of the
Project.
This agreement does not release the Contractor from its responsibility for completing the
improvements to the Project, or from maintaining the Project Site until the improvements to the Project
have been fully completed and accepted by the City. The Contractor shall provide for a safe Project
Site when it is on the Project Site performing maintenance or improvements to the Project.
This agreement is not a hold harmless agreement or a promise to indemnify.
This agreement shall be binding upon the City and the Contractor until the Contractor completes all of
the improvements to the Project, and the City accepts the Project, at which time this agreement will
become void.
CITY OF FAIRFAX, IOWA TAYLOR CONSTRUCTION, INC.
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Jasor/Rabe, Mayor Kri Taylor, Vice-Pxesident
ATTEST: •,,,•oit„ •,.�•��v,,,'•,
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Cynt is Stimson, City Clerk/Treasurer ,P0l1.1 �,'
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