Loading...
HomeMy WebLinkAbout2022-04-04 J01G_03 Professional Consulting Svcs Agr_N Warrior Ln Bridge Over Little Walnut Creek\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 4, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Calhoun-Burns and Associates, Inc. [N Warrior Lane Bridge over Little Walnut Creek Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Calhoun-Burns and Associates, Inc. in coordination with Veenstra & Kimm, Inc. shall complete and provide detailed work, services, materials, equipment and supplies necessary to complete a preliminary analysis and design for the N Warrior Lane Bridge over Little Walnut Creek. Phase 1 will include a feasibility study to determine the structure type and size, the roadway alignment, right of way needs, and hydraulic analysis. This will allow for the permitting process to start with the Iowa Department of Natural Resources, FEMA, and U.S. Army Corps of Engineers. This progress will also allow the Waukee City staff to coordinate with private development and the City of Clive to preserve anticipated right of way for this project. This project is in the approved FY 2023 CIP for construction in FY 2024 with a total project budget of $4,500,000.00. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $87,000.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1G3 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH CALHOUN-BURNS AND ASSOCIATES, INC. [N WARRIOR LANE BRIDGE OVER LITTLE WALNUT CREEK PROJECT] 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 consultant services of Calhoun-Burns and Associates, Inc. for the N Warrior Lane Bridge over Little Walnut Creek Project; AND, WHEREAS, the scope of services consists of detailed work, services, materials, equipment and supplies necessary to complete a preliminary analysis and design for the N Warrior Lane Bridge over Little Walnut Creek. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between Calhoun-Burns and Associates, Inc. and the City of Waukee, Iowa [N. Warrior Lane Bridge over Little Walnut Creek Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 4th day of April 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES City Project No. This Agreement is made and entered into this day of , 2022 , by and between City of Waukee, a municipal corporation, hereinafter referred to as “City” and Calhoun-Burns and Associates, Inc., (Fed. ID # 42-1175656), 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 sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I.Phase I – Feasibility Study A.Administrative Services; Preliminary Stream Hydraulic Analysis; Alternatives Analysis; and Pre- Permitting Coordination:Calhoun-Burn and Assoc. $ 57,200.00 B.Site Survey and Mapping; Alternatives Analysis; and Pre-Permitting Coordination:Veenstra & Kimm $ 29,800.00 Total $ 87,000.00 B.The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 N. WARRIOR LANE BRIDGE OVER LITTLE WALNUT CREEK 2 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. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 3 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: Calhoun-Burns and Associates, Inc. Attn: Rudy Koester Attn: Jon D. Conzett, P.E. Title: Director of Public Works Title: Vice President Address: 230 W. Hickman Road Address: 1500 30th Street City, State: Waukee, IA 50263 City, State: West Des Moines, IA 50266 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 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, 4 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 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 5 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 A. 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. B. 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. C. 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. D. 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. E. 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 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. A. PHASE I – FEASIBILITY STUDY 1. Administrative Services (CB&A). a. Coordinate area improvements with CITY and City of Clive Engineering Services. b. Coordinate subconsultant services with Veenstra & Kimm, Inc. (V&K). c. Provide typical administrative services with CITY and subconsultant. 2. Site Survey and Mapping (V&K). a. Augment existing site surveys, base mapping, plat maps, and control ties. b. Create project base mapping and distribute to project team. 3. Preliminary Stream Hydraulic Analysis / HEC-RAS Modeling (CB&A). a. Utilize the HEC-RAS model that CB&A created for the Westgate Parkway bridge project immediately downstream for the City of Clive. This model was reviewed and approved by the IDNR. b. Create Duplicate Effective HEC-RAS model. c. Create Corrected Effective HEC-RAS model with channel cross sections inserted. d. Create Existing Conditions HEC-RAS model. e. Create Revised Conditions HEC-RAS model for three bridge alternates: i. Three span CCS bridge, channel shaping, and ineffective flow areas. ii. Single span PPCB bridge, channel shaping, and ineffective flow areas. iii. Multi cell, articulated RCB culvert, channel shaping, and ineffective flow areas. f. Run models and enhance. 9 4. Alternatives Analysis (CB&A, V&K). a. Obtain and review current roadway, trail, utility, and residential development documents. b. Generate alternative roadway typical sections. c. Generate and analyze alternative roadway alignments (both horizontal and vertical). d. Generate and analyze alternative pedestrian trail alignments for crossing Little Walnut Creek. e. Prepare a Preliminary Opinion of Probable Construction Cost for each alternate. f. Prepare a decision matrix for alternates considered. g. Draft a letter of recommendation and preliminary plans for roadway typical section, alignment, and structure type, size and location (T,S & L) for the preferred alternate. h. Meet with CITY to discuss preliminary plans, recommendations and obtain direction for the Preliminary Design Phase. 5. Pre-Permitting Coordination with IDNR / FEMA (CB&A, V&K) a. Submit HEC-RAS model and preliminary plans to IDNR. b. Meet with IDNR to discuss same and need for CLOMR / LOMR. Also discuss status / effect of City of Clive LOMR for the Westgate Parkway bridge replacement project. c. Summarize comments and meet with CITY to discuss any required changes and scope of work for the Preliminary Design Phase. B. PHASE II – PRELIMINARY DESIGN PHASE SERVICES, PHASE III – FINAL DESIGN PHASE SERVICES, PHASE IV - BID AND CONSTRUCTION PHASE SERVICES The above services, and any other requested or required services by the CITY or any other review agency and / or interested party, are to be negotiated by Amendment. 10 C. CITY shall do the following in a timely manner, so as to not delay the services of the CONSULTANT: 1. Continue to provide updated submittals of development plans. 2. Negotiate and obtain any permanent and temporary construction easements for the project and to access the adjacent private property for the purpose of site survey, and geotechnical investigations. 5. Assist in the coordination with any private utility companies that may be affected by the project. 6. Conduct a Public Information meeting for the project, if desired. 7. Provide any applications, public notices, and fees required by the IDNR related to a National Pollution Discharge Elimination System (NPDES) permit obtained for the project prior to construction. 11 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: The CITY and CONSULTANT shall determine a mutually acceptable schedule for completion of the Scope of Services contained in Attachment 1, Paragraphs A.1 – A.5 following receipt of information contained in Attachment 1, Paragraph C.1. 12 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S STANDARD HOURLY RATE SCHEDULE HOURLY BILLING RATES (EFFECTIVE JULY, 2021) PRINCIPAL OF FIRM IV $ 220.00 / HOUR PRINCIPAL OF FIRM III $ 212.00 / HOUR PRINCIPAL OF FIRM II $ 203.00 / HOUR PRINCIPAL OF FIRM I $ 194.00 / HOUR SENIOR PROJECT MANAGER IV $ 179.00 / HOUR SENIOR PROJECT MANAGER III $ 174.00 / HOUR SENIOR PROJECT MANAGER II $ 171.00 / HOUR SENIOR PROJECT MANAGER I $ 166.00 / HOUR PROJECT MANAGER IV $ 168.00 / HOUR PROJECT MANAGER III $ 164.00 / HOUR PROJECT MANAGER II $ 160.00 / HOUR PROJECT MANAGER I $ 155.00 / HOUR SENIOR PROJECT ENGINEER IV $ 154.00 / HOUR SENIOR PROJECT ENGINEER III $ 146.00 / HOUR SENIOR PROJECT ENGINEER II $ 136.00 / HOUR SENIOR PROJECT ENGINEER I $ 127.00 / HOUR PROJECT ENGINEER IV $ 142.00 / HOUR PROJECT ENGINEER III $ 132.00 / HOUR PROJECT ENGINEER II $ 122.00 / HOUR PROJECT ENGINEER I $ 111.00 / HOUR SENIOR DESIGN ENGINEER IV $ 125.00 / HOUR SENIOR DESIGN ENGINEER III $ 115.00 / HOUR SENIOR DESIGN ENGINEER II $ 108.00 / HOUR SENIOR DESIGN ENGINEER I $ 98.00 / HOUR DESIGN ENGINEER IV $ 119.00 / HOUR DESIGN ENGINEER III $ 112.00 / HOUR DESIGN ENGINEER II $ 106.00 / HOUR DESIGN ENGINEER I $ 100.00 / HOUR ENGINEER INTERN $ 84.00 / HOUR SENIOR TECHNICIAN IV $ 128.00 / HOUR SENIOR TECHNICIAN III $ 123.00 / HOUR SENIOR TECHNICIAN II $ 118.00 / HOUR SENIOR TECHNICIAN I $ 112.00 / HOUR TECHNICIAN IV $ 113.00 / HOUR TECHNICIAN III $ 109.00 / HOUR TECHNICIAN II $ 105.00 / HOUR TECHNICIAN I $ 101.00 / HOUR OFFICE MANAGER $ 107.00 / HOUR ADMINISTRATIVE ASSISTANT IV $ 97.00 / HOUR ADMINISTRATIVE ASSISTANT III $ 93.00 / HOUR ADMINISTRATIVE ASSISTANT II $ 89.00 / HOUR ADMINISTRATIVE ASSISTANT I $ 84.00 / HOUR MILEAGE: CURRENT IRS STANDARD RATE EXPENSES: ACTUAL COST HOURLY RATES SHALL BE ADJUSTED ANNUALLY IN ACCORDANCE WITH CONSULTING ENGINEERS’ NORMAL BUSINESS PRACTICE.