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HomeMy WebLinkAbout2024-02-05 I01D_04_d Professional Consulting Svcs Agreement_17th and 11th St Culverts\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 5, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with WHKS & Co [17th Street and 11th Street Culverts Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: This project involves performing preliminary and final design for two new culverts. The two new culverts, one including a drop inlet structure, are on 11th Street and 17th Street over unnamed creeks and are being constructed to support the extensions of these streets and a new residential development (Autumn Valley West). The scope of services provided under this agreement includes Project Management and Meetings, Topographic Survey and research of existing Conditions, Hydrologic and Hydraulic Analysis and Permitting, Preliminary and Final Design, and Construction Administration. This project is in the draft FY 2025 CIP with a total budget of $1.16M. WHKS’s design and construction services are for an amount not to exceed $81,300. This is 7% of the project budget and within the acceptable range for such services. The project has a schedule to complete design in May 2024, bid the project in June 2024 and have a construction period from July 2024 to December 2024. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $81,300.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. Basic Services of the Consultant A.Culvert Design, Bid, and Construction Services $81,300.00 Total $81,300.00 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 I1D4d THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH WHKS & CO [17TH STREET AND 11TH STREET CULVERTS 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 WHKS & Co. for the 17th Street and 11th Street Culverts Project; AND, WHEREAS, the scope of services involves performing preliminary and final design for two new culverts. The two new culvers, one including a drop inlet structure, are on 11th Street and 17th Street over unnamed creeks, are being constructed to support the extensions of these streets and a new residential development (Autumn Valley West); AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between WHKS & Co. and the City of Waukee, Iowa [17th Street and 11th Street Culverts Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 5th day of February, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES 17th St and 11th St Culverts Project This Agreement is made and entered into this 5th day of February, 2024, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and WHKS & Co., (Fed. ID #42-0943938), 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. Basic Services of the Consultant: Culvert Design, Bid, and Construction Services $81,300_ Total $81,300_ 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 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. 2 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. 5. NOTICE 3 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: WHKS & Co. Attn: Rudy Koester Attn: Casey V. Faber, P.E. Title: Director of Public Works Title: Project Manager Address: 230 W. Hickman Road Address: 3737 Woodland Ave., Suite 111 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, 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 4 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 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 5 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. 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. 6 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 applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY 7 If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. WHKS & Co. CITY OF WAUKEE By: ________________________________ By: __________________________ Name: Derek J. Thomas, P.E. Courtney Clarke, Mayor Title: Vice President 8 ATTACHMENT 1 SCOPE OF SERVICES A. Project Description This project involves performing preliminary and final design for two new culverts. The two new culverts, one including a drop inlet structure, are on 11th Street and 17th Street over unnamed creeks and are being constructed to support the extensions of these streets and a new residential development (Autumn Valley West). This agreement includes survey, hydraulics and sizing for the culverts, permit application, preparation of plans and specifications, bidding assistance, and construction administration. Preliminary sizing for the two new culverts has been performed by the Developer’s Engineer. A twin 10’ x 5’ reinforced concrete box (RCB) is specified on 11th Street and a twin 10’ x 5’ RCB with a 10’ x 24’-6” drop inlet structure is specified on 17th Street. Cover is anticipated to be greater than 2’ based on the Culvert Design Report prepared by the Developer’s Engineer. WHKS will evaluate the culvert sizes during final design. A DNR Floodplain Permit is not required because the drainage areas of both culverts is less than 2 square miles. Due to the anticipation of the two new culverts causing a disturbance to existing wetlands, WHKS will coordinate with the City to determine hydraulic design requirements and the approximate amount of wetland impacted and submit a US Army Corps (Joint) Permit. If necessary, the City will coordinate wetland mitigation through the purchase of credits and wetland mitigation will not be incorporated in the design. The disturbed construction areas are not anticipated to be large enough to require a SWPPP. Final structural design for both culverts will assume a standard Iowa DOT culvert barrel and headwall except where drop inlets are required. Precast and cast-in-place RCB alternates will be included as applicable. Final structural design and plan details for the drop inlet will be in accordance with the Iowa DOT Bridge Design Manual. This project will include construction of the culverts, drop inlet, channel grading as necessary for transitions, inlet and outlet protection, and backfill to the top of proposed roadway subgrade at both locations. Pedestrian access and utility design are not included. Roadway design is not included. Electronic files will be provided by the City or Developer of the proposed development grading, delineated wetland boundary, and roadway alignments and profiles. 9 Geotechnical Engineering services will be solicited by WHKS and the selected consultant will invoice the City directly. Geotechnical services include soil borings, material testing, and geotechnical evaluation. Local funds will be used to construct the culverts and the project will be let locally. Both culverts will be included in the same letting package/project but may be separated into divisions as specified by the City for tracking costs. The projects will not be tied to construction work for the development (grading, street, utility, etc.). B. Scope of Services Provided Under This Agreement: 1. Project Management and Meetings • Perform general project administrative duties including supervision and coordination of the project team, review of project costs and billings, prepare invoices using Consultant's standard forms, preparation of status reports, and general administrative activities. • Hold kick-off meeting with City to discuss the project and review the scope. • Advise the City of the necessity of obtaining Special Engineering Services as described in Paragraph C., and act as the City’s representative in connection with any such services not actually performed by WHKS. • Attend two (2) meetings for the project included to review check plans and final plans and specifications. 2. Topographic Survey and Research of Existing Conditions • Perform site topographical surveys to support new facilities. Topographic survey to include hydraulic cross sections to be taken upstream and downstream of the crossing and local hydraulic slope of the channel. Five (5) cross sections are assumed at each location. • Develop project control and base map for the project. • Locate the existing underground utilities as located by the Iowa One Call locate system. • Collect, obtain and review relevant information from the City. 3. Hydrologic and Hydraulic Analysis and Permitting • Perform hydrologic and hydraulic analysis to evaluate the proposed culvert alternative at each location in accordance with local and state flood plain permit requirements. o Review drainage area and local hydrologic characteristics. o Determine hydrologic analysis method and conduct hydrologic analysis utilizing data from USGS StreamStats. o Create hydraulic model with the hydraulic survey data. o Input up to three (3) proposed culvert sizing options and roadway profile into hydraulic model. Review model runs and determine the effects on flood elevations, the floodway, and insurable structures. 10 o Develop hydraulic model to analyze adequate culvert sizing, velocities, backwater, and headwater elevations. o Determine the final culvert sizing based on the results of the hydraulic analysis and meeting City’s requirements for freeboard and backwater. o Evaluate need for channel shaping, berm slope stabilization, and inlet/outlet erosion controls such as revetment. • Prepare and submit Joint Permit Application as needed for the culverts, including the culvert Type, Size, and Location (TS&L) drawing, to U.S. Army Corps of Engineers. 4. Preliminary and Final Design • Prepare preliminary and final plans and specifications to show the character and scope of work to be performed by contractors on the Project. Plans will follow Iowa DOT standards. • Prepare forms of notice for bids, contractor's proposal, construction agreement, payment bond and performance bond for approval by the City, subject to prior review and approval by Client’s Attorney, Bond Counsel, and/or Fiscal Agent. • Prepare opinion of probable construction cost on completed plans and specifications. • Furnish two (2) original signed copies of the plans, specifications, and other contract documents as required to the City. • Furnish plans and specifications to bidders through the use of a web based plan room. • Answer contractor’s questions during the bidding phase. • Prepare addendums to the contract documents prior to bid letting, if necessary. • Assist in the receiving and tabulation of Contractors' proposals and assist in awarding construction contract. 5. Construction Administration • Provide construction administration assistance during construction. Contract administration assistance activities conducted during project construction include clarification of design details, periodic visits to the construction site to observe the progress of work (two visits at each site assumed), review of shop drawings, review periodic payment estimates for completed construction work and recommend payments for processing (monthly), prepare change orders when required, and prepare the final summary of construction costs. • Conduct a preconstruction meeting with Client, Contractor and Utility Owners. • Prepare record drawings from Contractor provided “mark-ups” at the completion of the construction. C. Special Engineering Services: Special Engineering Services are those services not listed above, but which may be required or advisable to accomplish the Project. Special Engineering Services shall be 11 performed when authorized by the City for additional fees, to be determined at the time authorized. Special Engineering Services include: 1. Land surveying and platting (other than listed above) 2. Easement research, plats or descriptions (other than listed above) 3. Negotiation for easements or land acquisition 4. Special assessment assistance 5. Quality control testing and construction materials testing 6. Permits other than those identified above 7. Funding assistance, including grant and/or loan applications 8. Wetland Delineations or mitigation plans 9. Geotechnical design/recommendations 10. Cultural resource survey or other studies or documentation that may be required by regulatory agencies that are not specifically listed in the scope of services 11. National Environmental Policy Act (NEPA) compliance, including historical and archeological investigations 12. Structural evaluation and/or design (other than listed above) 13. Bridge aesthetics 14. Attendance at additional meetings (other than those listed above) 15. Construction phase engineering services, including staking and construction observation 12 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: February 2024 • Notice to Proceed • Topographic survey February-March 2024 • Hydraulic design (sizing) • Type Size and Location Plan March-May 2024 • Preliminary and final design May-June 2024 • Project letting Summer-Fall 2024 • Project construction The schedule above is dependent upon timely review by regulatory agencies. 13 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2024 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal $ 240.00 Senior Project Manager $ 220.00 Project Manager $ 200.00 Project Engineer IV $ 190.00 Project Engineer III $ 180.00 Project Engineer II $ 170.00 Project Engineer I $ 160.00 Project Engineer $ 150.00 Design Engineer IV $ 140.00 Design Engineer III $ 130.00 Design Engineer II $ 120.00 Design Engineer I $ 110.00 Design Engineer $ 100.00 Senior Land Surveyor $ 170.00 Land Surveyor $ 130.00 *Senior Engineering Tech $ 135.00 *Engineering Tech V $ 125.00 *Engineering Tech IV $ 115.00 *Engineering Tech III $ 105.00 *Engineering Tech II $ 95.00 *Engineering Tech I $ 85.00 *Engineering Tech $ 75.00 *Clerical $ 80.00 *NOTE: Time and a half pay applies for overtime, if applicable REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.625 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice. 4. All other direct expenses will be invoiced at cost.