Loading...
HomeMy WebLinkAbout2025-03-03 I01F_04 Professional Consulting Services Agreement_FY26-27 HMA ResurfacingAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: March 3, 2025 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Short Elliott Hendrickson, Inc. [FY2026/2027 HMA Resurfacing Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City is planning hot mix asphalt (HMA) resurfacing improvements to the following street segments: 4th Street (Ashworth Drive to Laurel Street), 5th Street (Ashworth Drive to Laurel Street), Maple Street (5th Street to 4th Street). The tentative project schedule for bids is July 2025 with a completion date of November 2025/Spring 2026. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: SEH’s costs are $39,000.00 for design and bidding services, $18,000.00 for construction services for a sum not to exceed $57,000.00. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Lisa Bauman REVIEWED BY: Rudy Koester RK I1F4 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SHORT ELLIOTT HENDRICKSON, INC. [FY2026/2027 HMA RESURFACING 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 Short Elliott Hendrickson, Inc. for the FY2026/2027 HMA Resurfacing Project; AND, WHEREAS, the scope of services includes detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the FY2026/2027 HMA Resurfacing Project; AND, WHEREAS, the project consists of resurfacing improvements to the following street segments: 4th Street (Ashworth Drive to Laurel Street), 5th Street (Ashworth Drive to Laurel Street), Maple Street (5th Street to 4th Street); AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee approve the Agreement for Professional Consulting Services between Short Elliott Hendrickson, Inc. and the City of Waukee, Iowa is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 3rd day of March, 2025. ____________________________ 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 FY 26/27 HMA Resurfacing Project City Project No. _______ This Agreement is made and entered into this 3rd day of _March__, 2025, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and _Short Elliott Hendrickson, Inc._, (Fed. ID #_41-1251208), 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 A. Design and Bidding $ 39,000 B. Construction Administration $ 12,000 C. Construction Staking $ 6,000 Total $ 57,000 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: Short Elliott Hendrickson, Inc. Attn: Rudy Koester Attn: Michael L Danburg Title: Director of Public Works Title: Project Manager/Client Service Manager Address: 230 W. Hickman Road Address: 5414 NW 88th Street, Suite 140 City, State: Waukee, IA 50263 City, State: Johnston, Iowa 50131 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, 4 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 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 5 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 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: Matt Bolf_____________________ Courtney Clarke, Mayor Title: _Principal_____________________ WITNESS ______________________________________ Name: _Michael L. Danburg_______________ Title: Project Manager/Client Service Manager 8 ATTACHMENT 1 SCOPE OF SERVICES The City continues to invest in pavement preservation within the core areas of the community with its pavement management program. Annual funding is dedicated to both HMA resurfacing and PCC patching and improves overall street conditions in an efficient manner while maximizing public benefit. It is understood that for the FY 26/27 HMA Resurfacing Project, the City is planning HMA resurfacing improvements for the following street segments: 1) 4th Street – Ashworth Drive to Laurel Street 2) 5th Street – Ashworth Drive to Laurel Street 3) Maple Street – 5th Street to 4th Street Additional street segments to be evaluated and potentially added to this project include: 1) N-S Alley – between Locust Street and Walnut Street and 6th Street and 7th Street 2) N-S Alley – between Walnut Street and Ashworth Drive and 6th Street and 7th Street 3) Walnut Street – N-S Alley to 6th Street 4) Laurel Street – 6th Street to 5th Street The street segments to be included in the FY 26/27 HMA Resurfacing Project will be finalized based upon confirmation of the City’s budget. The City is planning for the project to be set up to include a Base Bid and Add Alternate Bid(s). This will provide flexibility to the City and ensure that budgeted dollars match the project size based upon the results of the bid letting. 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. The scope of services shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: I. BASIC SERVICES OF THE CONSULTANT The Consultant shall provide the following basic services regarding the Project: A. DESIGN & BIDDING PHASE The Consultant will perform design and bidding phase services from initiation of the project through project bidding and construction contract approval. The specific tasks to be performed include the following: Task A.1 – Project Management / Project Coordination Consultant will conduct a kickoff meeting with the project team to finalize the project plan and goals, including the overall project schedule, review of the project tasks and budget, risk identification and mitigation analysis. The Consultant’s project manager will be responsible for the development and tracking of the project plan. This includes task identification, staff 9 scheduling and coordination, project communications, invoicing and other important elements of the project. Task A.2 – Base Mapping and Plan Sheet Development This phase will include development of a Civil 3D base map drawing of the project areas. Consultant will utilize City GIS mapping and aerial imagery for development of the drawing. The base map drawing will be cut into scalable plan sheets for each street segment to be used for the field work and plan production. Task A.3 – Field Reconnaissance & Survey The Consultant will conduct a limited topographic survey as a part of this phase. This includes collection of survey data for areas of drainage concern, intersection returns and ADA compliant sidewalk replacement. It will include Iowa One Call and private utility locating/mapping services. The base map / plan sheets will be updated and will be utilized to conduct a detailed field reconnaissance and evaluation of all street segments. Proposed improvements will be identified and noted on the plan sheets. Removal limits, milling limits and other project items will also be painted in the field. Task A.4 – Preliminary Design (60%) The preliminary design phase will kick off with updating the Civil 3D base map drawing to reflect the improvement details obtained during the field reconnaissance. Preliminary plan sheets will then be updated with legend, note and detail information. The Consultant will prepare the preliminary title sheet, detail sheets and tabulation sheets to round out the preliminary plan production. Preliminary project quantities and associated opinion of probable costs will be completed along with a preliminary project manual. The Consultant will submit the Preliminary Plan Package to the City and set up a review meeting. Task A.5 – Final Design (100%) Final Design will begin with revisions and updates from the preliminary plan review being completed. The Consultant will finalize all project plan sheets and project manual sections. An updated opinion of probable costs will be completed, and the Final Plan Package will be submitted to the City for final approval. Task A.6 – Project Bid Letting The Consultant will coordinate and manage the letting process for the project. This includes attendance at City Council meetings, as needed. Consultant will prepare and submit the Notice of Public Hearing to the City and distribute the Notice To Bidders per Iowa Code. Consultant will upload drawings, specifications and bid documents to Quest CDN and all questions and addenda will be addressed within the project setup in Quest CDN. Consultant shall attend the bid opening and prepare and submit a bid tabulation and recommendation of award letter to the City. Upon successful award by City, Consultant will coordinate 10 execution of the Construction Contractor documents with the Contractor and deliver the completed package to the City for approval. B. CONSTRUCTION ADMIINSTRATION The Consultant will provide construction administration services to assist the City with management of the Contractor and completion of the work. The specific tasks to be performed include the following: Task B.1 – Pre-Construction Meeting Consultant will coordinate and conduct a pre-construction meeting with the City, contractors, subcontractors and private utilities and will prepare the agenda and distribute meeting minutes. Task B.2 – Material Cut Sheets / Shop Drawing Review Consultant will Review and approve or take other appropriate action in respect to review submitted material cut sheets, shop drawings, samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. . Task B.3 – Applications for Payment and Change Orders Based on quantities provided by the City the Consultant shall prepare applications for payment and issue necessary interpretations and clarifications of the contract documents, and in connection therewith, prepare change orders as needed for approval by the City. Task B.4 – Punchlist and Project Closeout The Consultant will assist the City with a punchlist inspection and final acceptance upon completion of the work. This task will also include preparation and submittal of Record Drawings to the City. C. CONSTRUCTION SURVEY The Consultant shall perform construction staking for the following project tasks. Task C.1 – Construction Staking · Verify horizontal and vertical control as shown in the project plans and supplement with additional control points as-needed to complete the work. · Pavement removals · Pavement scarification and HMA surfacing limits · ADA compliant sidewalk and ramps · Construction Limits (Alley ROW) . 11 D. ADDITIONAL SERVICES NOT INCLUDED IN THIS AGREEMENT The following services that are excluded from the basic services may be performed by the Consultant upon approval of a supplemental agreement: · Neighborhood Project Information Meetings · Resident Project Representative (RPR) Services · Construction Staking beyond that noted in the above scope of services. 12 ATTACHMENT 2 PROJECT SCHEDULE The anticipated time of completion of the scope of services under this Agreement shall be as follows: Authorization to Proceed by City March 3, 2025 Conduct Kick-off Meeting March, 2025 Base Mapping and Sheet Development March/April, 2025 Field Reconnaissance & Survey March/April, 2025 Preliminary (60%) Plan Submittal May, 2025 Final (100%) Plan Submittal June, 2025 Project Letting July, 2025 Construction August/October, 2025 13 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2025 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Principal $200 - $350 Project Manager $175 - $300 Senior Professional Engineer $140 - $280 Professional Engineer $130 - $225 Graduate Engineer $110 - $170 Senior Technician $130 - $200 Technician $ 95 - $150 Senior Construction Representative $125 - $195 Senior Project Representative $110 - $170 Project Representative $ 95 - $150 Land Surveyor $135 - $205 Survey Crew Chief $110 - $165 Administrative Professional $ 75 - $160 SCHEDULE OF EXPENSES Vehicle Mileage Rates 2025 IRS Rate ...................................................................... TBD Vehicle Allowance Costs Resident Project Representative ............................................... $16.00/day Survey and Field Vehicle ............ $4.90/hour + 2024 IRS mileage rate/mile Survey Equipment Robotic Total Station .............................................................. $35.00/hour Global Positioning System (GPS) ......................................... $35.00/hour Technology and Computer Equipment Charges per Direct Hour of Labor ........................................... $5.55/hour 1. All materials and supplies used in the performance of work on this project will be billed at cost. 2. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice. 3. All other direct expenses will be invoiced at cost.