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Home My WebLink AboutRESOLUTION NO. 2017-44 RESOLUTION NO. 2017-44 RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND HALL ENGINEERS, INC. WHEREAS, the Fairfax City Council wished to have a preliminary design for future improvements to the intersection of Eagleview Drive and West Cemetery Road and Highway 151; and WHEREAS, Hall and Hall Engineers, Inc. has submitted a Professional Services Agreement to do 2017 preliminary design services for future improvements to the intersection of Eagleview Drive, West Cemetery Road, and Highway 151; and WHEREAS, this Professional Services Agreement does not include construction engineering services. 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. 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 Professional Services Agreement. Passed and approved this 9th day of May 2017. AYES: Beer, Daly, Kell, Volk, and Wainwright Burnell G. Frieden, Mayor ATTEST: Cy�thia Stimson, City Clerk/Treasurer .....�y ;is HALL & HALL ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL & HALL ENGINEERS, INC. 2017 Preliminary Design Services for Future Improvements to the Intersection of Eagleview Drive, W. Cemetery Road and Highway 151 TO: Mayor Burnell Frieden and City Council Members City of Fairfax, Iowa FROM: Joel Gross, P.E. Assistant to the City Engineer DATE: March 14, 2017 SUBJECT: Civil Engineering and Land Surveying Professional Services for the preliminary design of the future intersection of Eagleview Drive, W. Cemetery Road, and Highway 151. 1 OVERVIEW Currently W. Cemetery Road intersects Highway 151 at a skewed angle with the highway, making this a difficult intersection to maneuver, and possibly a dangerous intersection when more traffic utilizes this intersection. There are several items that are occurring, or will be occurring in the near future that impact the City's consideration at improving this intersection in the near future. These items are: 1. Development/growth to the north of Highway 151 — Heartland Heights and the Sobaski's commercial development opens up the amount of traffic that will be used at this intersection, possibly significantly. 2. Highway 151 is currently being designed to replace three of the bridges along the Highway within Fairfax, which includes improving the highway and the turn lanes at this intersection. 3. The W. Cemetery Road Bridge, which is located approximately 300 to 400 feet west of this intersection needs to be replaced within the next few years. These items contribute to the need and the opportunity to improve this intersection. The full design and improvements to this intersection would occur with the design and replacement of the W. Cemetery Road Bridge, which is anticipated to occur right after the Highway 151 improvements are completed. The preliminary design is proposed at this time to establish the actual location and configuration of this new intersection so that this can be coordinated with the Iowa DOT and their design consultant for proposed improvements, and so that the City can coordinate with the adjacent property owners and plan accordingly for the W. Cemetery Road bridge replacement. CIVIL.a"NGINEERIN(C, 'LANE)S )6 Viii Y'iN(3' SAND C`EVEL..C1F7M N`I PLANNING' LANDSCAPE APE AF CH1I ECTI)RE 186;0 Boyson Road, Hiawatha, Il\5 2:23:3' Ph:313.3,62.9648 'Fx: :31 9.3 62,7595"www.1)a11engx ma 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 a 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 Site Exhibit: The CONSULTANT shall prepare a site exhibit(s) of the proposed intersection configuration, including the existing and proposed property / right-of- way lines and easement lines. 2.A.3 Stakeholder Coordination: The CONSULTANT shall coordinate with the Iowa DOT and the adjacent property owners regarding the proposed improvements, the anticipated schedule of the proposed improvements, and the anticipated encroachments/ R.O.W. needs with the proposed improvements. 3. FEES (2017 PRELIMINARY DESIGN FOR THE FUTURE INTERSECTION OF EAGLEVIEW DRIVE, W. CEMETERY ROAD,AND HIGHWAY 151) 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$20,000.00. SCOPE OF SERVICE FEES SEVICES A Design Services $20,000.00 Total Project Fee: $20,000.00 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. GACity of Fairfax\Documents\City Council\2017\Supporting Documents\HHE Engineering Services Agreement_Preliminary Design of W.Cemetery Road and Hwy 151 Intersection(3 14 2017).doc Page 3 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 f 0 day of , 2017. ��• y d yap Burnell G. Frieden, Mayor �� 4 City of Fairfax, Iowa �, t y.Ht* ATTEST: y A.1 � �.�(L k Cynt is Stimson, City—Clerk/Treasurer City of Fairfax, Iowa Encl.: Standard Business Terms GACity of Fairfax\Documents\City Council\2017\Supporting Documents\HHE Engineering Services Agreement_Preliminary Design of W.Cemetery Road and Hwy 151 Intersection(3 14 2017).doc Page 4 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 her&aE(Hall&Hall) (Client) G:\City of Fairfax\Documents\City Council\2017\Supporting Documents\HHE Engineering Services Agreement_Preliminary Design of W.Cemetery Road and Hwy 151 Intersection(3 14 2017).doc