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HomeMy WebLinkAbout2024-05-06 I01H_03 Professional Consulting Svcs Agr_Centennial Park AsphaltAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 6, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Kirkham Michael [Centennial Park Asphalt Paving Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: This agreement for professional services is for site survey, preliminary design, final design, bid submittal for the Centennial Park Asphalt Paving Project. The project will consist of an asphalt overlay of the Centennial Park loop road and parking lot adjacent to the sand volleyball courts. Due to the project scope Kirkham Michael will use this work as a design project for their 2024 summer internship students from Iowa State University and Kansas State University. They will perform most of the design work, while under direct supervision of licensed mentors. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $8,000 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Centennial Park Asphalt Paving Project Professional Services Agreement PREPARED BY: Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1H3 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH KIRKHAM MICHAEL [CENTENNIAL PARK, VOLLEYBALL COURT ASPHALT REPAIR 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 Kirkham Michael for the site survey, preliminary design, final design, and bid submittal for the Centennial Park and Volleyball Court Asphalt Repair Project; AND, WHEREAS, the project will consist of an asphalt overlay of the Centennial Park loop road and the parking lot adjacent to the sand volleyball courts; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with Kirkham Michael [Centennial Park, Volleyball Court Asphalt Repair Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of May, 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 Centennial Park, Volleyball Court - Asphalt Repair City Project No. _______ This Agreement is made and entered into this ____ day of ____________, 2024, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Kirkham Michael & Associates, Inc., (Fed. ID #47-0365085), a S 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 A. Site Survey $1,500.00 B. Design Services $6,500.00 C. $_________ Total $8,000.00 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 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: Kirkham, Michael & Associates, Inc. Attn: Matt Jermier Attn: Scott Almeida Title: Parks and Rec Director Title: Vice President Address: 230 W. Hickman Road Address: 4390 114th Street City, State: Waukee, IA 50263 City, State: Urbandale, IA 50322 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 7 applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY 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. CONSULTANT CITY OF WAUKEE By: ________________________________ By: __________________________ Name: _____________________________ Courtney Clarke, Mayor Title: ______________________________ 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. Iowa Kansas Nebraska www.kirkham.com 4390 114th Street Des Moines, Iowa 50322 (515) 270-0848 April 24, 2024 Matt Jermier Parks & Recreation Director City of Waukee 805 University Avenue Waukee, IA 50263 Subject: Summer Intern Design Projects Centennial Park– Parking Lot & Roadway Dear Mr. Jermier, On behalf of Kirkham Michael & Associates, Inc., I am pleased to offer this proposal for engineering and surveying services for the above project. Project Understanding The Waukee Parks & Recreation department has funding available for the asphalt paving of the Centennial Park parking lot and interior roadway. Kirkham Michael will use this work as a design project for our 2024 summer internship students from Iowa State University and Kansas State University. They will perform most of the design work, while under direct supervision of licensed mentors. Proposal Kirkham Michael will provide the following services to assist you in developing this project. Services can be provided at our normal hourly rates, and an estimate of hours for each task is included below. Type “A” Services Site Survey Kirkham Michael will perform a topographic survey of the project site and all marked utilities to be used during the design process. [$1,500] Subtotal Type “A” Services = $1,500 Type “B” Services 30% Preliminary Design KM will perform 30% design services for the proposed paving areas. Work items will include removal limits, preliminary grading, proposed parking layout, pavement typical section, and preliminary cost estimate. [$2,500] Iowa Kansas Nebraska www.kirkham.com 4390 114th Street Des Moines, Iowa 50322 (515) 270-0848 60% Preliminary Design KM will perform 60% design services for the proposed paving areas. Work items will include additional typical details, grading limits, and paving design. Further development of parking layouts and addressing any design comments from the 30% design submittal. An updated cost estimate will be provided. [$2,500] 90% Final Design KM will perform 90% design services for the proposed paving areas. Work items will include final sheeting of design elements, quantities and reference notes, and final details. Bid specifications will also be prepared. The plans will address any comments from the 60% design submittal, and an updated cost estimate will be provided. [$1,100] 100% Bid Submittal KM will compile a final plan set for public bidding. The Engineer’s opinion of construction cost will be finalized. [$400] Subtotal Type “B” Services = $8,000 Type “C” Services Construction Administration KM can be available to assist with issues during construction. [to be negotiated separately upon receipt of bids] With incidental administrative, material, and operation costs, the total cost of this proposal amounts to an Lum-Sum fee of $8,000 Schedule KM has staff available to begin work on your project within two weeks of notice to proceed. We can meet the following deadlines based on a notice to proceed.  Topographic Survey May 24, 2024  30% Preliminary Design June 21, 2024  60% Preliminary Design July 12, 2024  90% Final Design August 2, 2024  100% Bid Submittal August 23, 2024 Extra Work This proposal does not include the following work items, which can be provided at additional cost, if desired. • Construction Services • Any applicable construction permits. Iowa Kansas Nebraska www.kirkham.com 4390 114th Street Des Moines, Iowa 50322 (515) 270-0848 Please feel free to contact me if you wish to discuss this proposal or make additions or reductions in the project scope of work. We are prepared to contract and begin this work at your convenience. Sincerely yours, KIRKHAM MICHAEL Scott Almeida, P.E. Vice President 9 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Topographic Survey: May 24, 2024 30% Preliminary Design: June 21, 2024 60% Preliminary Design: July 12, 2024 90% Final Design: August 2, 2024 100% Bid Submittal: August 23, 2024 10 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2024 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal $255 Engineering Manager $245 Principal Engineer $225 NEPA Specialist $175 Senior Engineer $205 Associate Engineer $170 Engineering Intern 1 $125 Engineering Intern 2 $135 Engineering Intern 3 $145 Design Manager $165 Design Technician $130 CADD Technician $120 Construction Engineer $175 Land Surveyor $200 Administrative Assistant $105 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 $0.67 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.