HomeMy WebLinkAbout2017-01-16-Resolutions 17-040_Bluestem Lift Station 14 Connection Fee District - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-040
APPROVING AGREKMKNT FOR PROFESSIONAL CONSULTING SERVICES WITH
MCCLURE ENGINEERING COMPANY [BLUESTEM LIFT STATION NO.14
CONNECTION FEK DISTRICT]
JN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,on May 18,2015,the Waukee City Council approved an Agreement for Professional
Consulting Services with McClure Engineering Company for the Bluestem Lift Station No.14
Improvements Project (Resolution ¹15-156);AND,
WHEREAS,on October 17,2016,the Waukee City Council accepting the public improvements
associated with said project (Resolution ¹16-443);AND,
WHEREAS,City staff recommends retaining the services of McClure Engineering Company to
prepare a tabulation of project expenses,connection fee justification document and exhibits to develop
a Bluestem Lift Station No.14 Connection Fee District;AND,
WHEREAS,the engineering services agreement has been reviewed and approved by the Waukee City
Attorney.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with McClure Engineering Company [Bluestem Lift
Station No.14 Connection Fee District],attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 'day of January,2017.
illiam .card,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
VACANT SEAT
AYE
X
X
X
X
NAY ABSENT ABSTAIN
AGREEMENT FOR PROFESSIONAI.CONSULTiNG SERVICES
Bluestem Lift Station gl4 Connection Fee District
City Project No.
This Agreemem is made and entered into this IttijPt day of JdtttI4 .2017.by and between City
of Waukcc.a municipal corporation.hcrcinaftcr refened td as "City,"and McClure
Engineering Company,(Fed.ID 442-09g2931),an lotva coiporation incorporated and licensed
under the laws of the State of Iowa.party of the second part.hereinafter refened to as
"Consultant"as follows:
THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THF.PROJECT AS
DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE
PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR
THE PRO.IECT AS GENERALLY DESCRIBED IN THIS ACiREEMENT.
1.SCOPE OI'SERVICES
Setwices provided under this Agreeinent shall be as further described in Attachment I,Scope
of Services.
2.SCHEDULE
The schedule of the professional services to be performed shall conform to the Schedule sct
forth in Attachmmit 2.Any deviations fiom 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
I'rom causes not directly or indirectly related to the actions of the Consultant.
3.COMPENSATION
A.In consideration of the prol'essional 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.
1.Total (NTE)=$3,630
B.The Consultant shall invoice the City monthly for services.any reimbursable expenses
and any approved amendntents to this Agreement,based upon services actually
completed at the time of the invoice.Final payntent shali bc duc and payablc vvithin 30
«hays ol'the City's ac«eptan«c of Consuliant's submission of liiial delivcrables ili
accortlancc with the Scope ol Services.
In consid&untion of the compensation paid to the Consultant,ihc Consultant agrees to
perform all professional scrviccs to thc satisfaction of'the City by pcrfonnini&thc
profcssiunal services in &t manner consistent lvith that degree of care and sf&ill onlinarily
exercised by nlembcrs of Consultant's prof'ession currently practicing under similar
circumsiances.If the perfbrmancc ol'this Aimccmclu involves the services of'others or ihc
furnishing&of cquipmcnt.supplies,or materials,the Consultant agrees to pay for th"same
in full.
4.INSURANCL'
Consultant understands and agrees thai Consultant shall have no right ol'coverage under
any and all existing or fuiuii'City conqlrehcnsivc,self or personal injury policies.
Consultant shall provide insurance covers e for and on behalf of'Consultant that will
suf'ficicntly protect Consultant or Consultant'rcpl'i:scnlativc(s)in connection with the
professional services lvhich are io be provided by Consultant pursuant to this A reemenu
including protection from claims f&u bodily injury,death,properly diulla'&e.atld lost
inconle.Consultant shall provide worker's compensation insurance coverage I'or
Consultant and all Consultant's personnel.Consult&alt shall file applicable insurance
certificates lvith the City,and shall also provide evidence of the I'ollowmg addnional
cove&'age.
The Consuliani shall provide cvidcncc of comprchc&tsive general liabihty cove&'agc auld
contractual liability insurance by an insurance company licensed to dn business in the
State of Iowa in the limits of at least $1,000,000 each pc!sonal injury accident and!'or
death:S1,000,000 gcncral aigrcgam personal injury an&1!Or deaih.and SI&()00.000 for
each properiv damage accident.Thc evidence shall designate the City as an addiiional
insured.and that it c&nlnot bc canceled or materially altered lvithout giving thc City at
least thuay (30)days written notice by registered mail,return receipt requested.
The Consult&i&'lt shall also provide evidcncc of'automobile liability coverage in the limits
ot'at least $1,000.000 bodily injury and property damage combined.The evidence shall
designate the City as an additional insured,an&1 that it cannot be cancelled or materially
altcrc&l without giving the City at least thirty (30)days written notice by registered mail,
retuial receipt requested.
D.The Consultant shall provide evidence of prof'cssional liability insurance,by an insurance
company licensed to do business in the Stat«ol'Iowa.in the limit ol'S1.000.000 lor
claims:irisin«oui ol the professional liability oF the C&msultant.Consult'ani shall provide
City lvrittcn notice lvithin five (S)days by rcgistercd mail,return receipt requesled of the
cancellation or material alteration of the professional liabilny policy.
Failure ol Consultant to maintain any of thc insurance coven&gas set fo&th above shall
constitute a material breach of'this Agt cement
5.NOTICL'
Any n&&tice to the parties required under this agr»cment shall be in writing,delivered to th»
person designated below,by United States mail or in hand dclivmy,at thc indicated address
uttl i:ss otilcixv isc (l»slgnateil lil 'ivi'ill ilg.
FOR THE CITY.FOR THE CONSULTANT;
Nx:~Ct fW k
Attn:John Gibson
Title:Director of Public Works
Address:230 W.Hickman Road
City,State:Waukcc IA 50263
Name.
Attn:
Title:
Address:
City.State:
McClure Engineering Conipany
Curt Kampntan,P.K.
Project Manager
1360 NW 121"Street
Clive,IA 50325
6.GENERAL COMPLIANCE
In the conduct of the professional seivices contemplated hereunder,the Consultant shall
comply wiih applicable state.federal,and local law,mles.and regulations,technical
standards,or specifications issued by the City.Consultant must qualify for and obtain any
required licenses prior to commcnccm»nt of work.including any professional licenses
necessary to perl'oim work ivithin the State of Iowa.
7.STANDARD OF CARE
Sen ices provided by the Consultant under this Agreement shall be performed in a manner
consistent with that dcgrcc 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
perfoiming the professional setvices specified herein,whether it be of a direct or indirect
nature.Further,it is expressly understood and agreed that for such puiposes neither
Consultant nor Consultant's employees,representatives or other personnel shall be entitled to
any City payroll,insurance,unemploynient,workm'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 aflirmative action to ensure that applicants are eniployed,
and that employees are treaied,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 efl'orts to ensure that Disadvantaged Business Entetprises
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 fiom any and all claims,settlements and judgments,to include all reasonable
investigative fees,attorney's fees,and coutx costs for any damage or loss which is due to or
arises fi'om a breach of this Agreement,or front negligent acts,errors or omissions in the
performance of professional sen ices under this Agreement and those of its sub consultants or
anyone for whom Consultant is legally liable,
11.ASSIGNMENT
Consultant shall not assign or othenvise 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
appropriatci!in whole or in patt for continue&i perfonnance of the City's obligations under
this Agrecnient,or if appropriated funding is not expcmlixl due to City spending limitations,
the City may terminate this Agreement vi'ithnut huther compensation to the Consultant.To
the greatest extent alloivcd by law,the City shall compensiue Consultant as provided in
Section 18 ot this Agreement.
13.AUTHORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acl&nr&ivlctlgc and agree that no amendment to this
Agreement or other foun.order or directive may be issued by the City which requires
additional compensablc ivork to bc pcrfonned if such ivork causes the aggregate amount
payable under the amendment,order or directive to exceed the anvount appropriated I'or
this Agreement as listed in Section 3,above,unless the Consultant has been given a
ivl"Ittcll assul'ance by the City that lawful appropriation to cover the costs of the additional
work has been made.
B.I hc Consultant and the City further acknowledge and agree tliat no amendment to this
Agrccment or other form,order or directive which requires adilitional compensable work
to bc pcrfonned under this Agreement shall be issued by the City unless funds are
available to pay such additional costs.and the Consultant sluill not be entiiliul to any
additional compensation I'or any additional compensable ivorl&performed under this
Agrcetnent.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
ivork to be performed and scuing I'orth the amount of compensation to be paid,such
amendment.order or directive to be si&ned by the authorized City representative.It is the
Consultant's sole responsibility to know,determine,and ascertalll the authority of the
City representative signing any amendment.directive or order.
l4.OWNERSHIP OF CONSULTING DOCUiMENTS
Al!sketches,tracings,plans,specifications,reports,and other data prepared iuidcr this
Agreement shall become the property of the City;a reproducible sct shall bc dclivenxl to the
City at no additional cost to the City upon completion of the plans or tmsnination of the
scrviccs of the Consultant.All drawings and data shall be transmitted in a durable material,
wiih electronic files provided ivhcn feasible to do so.The Consultant's liability for use of the
sketches,tracings,plans,specifications.reports,mid other data prepared under this
Agreement shall bc limited to the Project.
I 5.INTERPRETATION
No amendment or modification ot this Agreement shall be valid unless expressed in ivriting
and executed by the patties hereto in the same manner as the execution of the Agitccmcnt.
This is ii completely integrated Agreement and contains ihe entire agreement of the parties,
any prior written or oral agreements shall be of no force or effect and shall uot be binding
upon either patty.The laws of the State ol Iowa shall govern ancl 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 ii ill be provided for the Project,or any feileral
requirement is imposed on the Project.Consultant agrees that Consultant will comply ivith all
relevant laws,tttlcs and regulations imposed on City and/or Consultant necessary for receipt
of the federal appropriation.Consultant shall provide appropriate cettiftcation regarding
Consultant's compliance.
17.SOLICITATION AND PERFORMANCE
1'hc Consultant warrants that it has not employed or retained ally colllpaiiy of'person,
other than a bona fide employee working for the Consultant,to solicit or secure this
Agreement,and that the Consultallt has not paitl or agree&!to pay any company or person
othci ihilll a bona lide &.mploycc,any fee.commission,percentage.,brokerage fi:c,gill or
contingcni fee.
Thc Consultant ah&all not engage the s»i vices of any person or persons in the employ of
th»City at the time of commencing such services without the written consent of the City.
18.SUSPENSION AND TERMINATION OF AGREEMENT
Thc 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 of receipt of the suspension notice.Payment for Consultant's services shall
be made by the City for services pert'onncd to the date of receipt of the suspension
notice.Should the City reinstate the work al'ter 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.
Upon ten (10)days &vrittcn notice to the Consultant.the City may terminate the
Agreenient at any time if it is found that reasons beyond ih»control of either the City or
Consultant mal'e it impossible or against the City's interest to coinplete the Agreement.In
such case,the Consultant shall have no claims against the City except for the value of the
work perfoimed up to the date the Agreement is terminated.
The City may also terminate this Agreemcnt ai any time if'it is found that the Consultant
has violated any material t»rm or condition of this Agreement or that Consultant has
failed to maintain workers'contpcnsation insurance or other insurance provided for in
this Agreemeni.In the event of such default by the Consultant,the City may give ten (10)
days widtten 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 thai this Agreement is tcr111inatcd in accordance ivith paragraph C of this
section.the City may take possession of any work and may complete any work by
whatever means the City niay select,The cost oi completing said work shall be deducted
fiom ihe balance which &vould have been due to the Consultant had the Agreement not
been termillaledl ail(1 work coiilplcted in iiccolilillic»\vith contract documents.
The Consultant may tenuinatc this Agreement if it is found that the City has violated any
material tenn or condition of this Agreement.In ihc event of such default by the City,the
Consultant shall give ten (10)days written notice to ihe City of the Consultant's int»nt to
terminate the Agreement,City sllall have ten (10)days liom notillcatioli io remedy the
condiiions constituting the default.
19.TAXES
The Consultant shall pay all sales and use taxes required to be paid to tlm State of Iowa on
the work coveretl by this Agreement.Thc Consultant shall execute and deliver and shall
cause any sub-consultant m sub«ontra«tor to execute anil deliver to tlie City ccrtilicates as
required to permit the City io miik«application for refunds of said sales anil usc taxes as
applicable.The City is a municipal corporation and not subject to state iind local tax,usc tax,
or federal excise taxes.
20.SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a couri of competent
jurisdiction,the remaining portions of this Agreement shall continue in full force and «ff«cu
21.MISCELLANEOUS HEADINGS
Title to articles,paragraphs,and subparaglslplis al'e 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 till such other action as the other party may reasonably request from time to time
in order to effect the provisions and puiposes of this Agreement.
23.COUNTERPARTS
This Agreement may be executed m any number of counterparts,each of which shall
colistitute an original document,no other counierpmt needing to be produced,and all of
i«hich tvhen taken together shall «xmstitut«the sam«insinimcnt.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly
authorized officers or agems on the day and year first above written.
CONSULTANT CITY OF WAUK
By;
Name:Derlc nde n P.E
Title;Re ional Mana er
By;
i ia F.Peard,ayor
ATTACHMENT I
SCOPE OF SERVICES
The vvorl»to be performed by the Consul(an/under this alp cement shall encompass and include
detailed work.services,materials,equipment and supplies necessary to complete the project.
Waukec Bluestnn Lift Station ¹14 Connection Fee District
The City recently completed construction of the Bluestem Lift Station ¹14 Improvements project
along LA Crrant Parkway.The project included the construction of a new lift station in the
Bluestem Plat 2 development to provide sanitary sewer service to thc Blucstem Plat 2
development,future development to areas to the south and east of Bluestcm Plat 2,and the
APEX Learning Center.
As part of the financing of the project,the City has requested documentation to coordinate the
clevelopment of a sanitate sewer fee connection district in association witfi the completed project.
The Scope of V'ofk for completion of the Bluestcm Lift Station ¹14 Connection Fee District
project will include,but is not necessarily limited to the following:
Item
A Connection Fee District Coordination
1 Determine total cost of proposed or completed improvements
2.Determine sanitary service tributary area of proposed improvements.
3.Identify property owner and parcel information within proposed connection fee
district from available City/County records.
4.prepare preliminary connection fee district justification documentation.
5.Prepare prehminary connection fee district exhibits
6 Prepare final connection fee district justification documentation.
7 Prepare final connection fee district exhibits
B.Meetings
1 Meetings with Owner/Staff/Council (3 assumed)
2 Public informational Meetings
3 Regulatory Agencies
Included Not Included
MEC shall prepare the required tabulation of project expenses,connection fee justification
documentation,and exhibits necessaiy to aid the City in development of the connection lee
dis it'icn
ATTACI-IMENT 2
PROJECT SCHEDVLE
The time of completion of the scope of services under this Agreement shall be as follows:
McClure Engineering Company will begin its services upon receipt of this Agreement executed
by you,which will setwe as a notice to proceed.The services shall be performed in accordance
with the following schedule of major milestones:
Descri tion of Task Duration Milestone Date
1.Submittal of Preliminary Documentation to City for Review
2.City Review tk Comment
3.Submiual ol'Final Documentation to City for Review
4.City Review k Approval
2 Weeks
2 Weeks
2 Weeks
TBD
I/30/2017
2/13/2017
2/27/2017
Milestone dates provided above assume agreement approval on January 16,2017 and a 2 week
City review and comment period following preliminary documentation submittal.If approval or
review occurs after this date,milestone dates shall bc adjusted according to the duration listed
above.
ATTACHMENT 3
SCHEDULE OF FEES
The City agrees to pay the Consultant the following sum for professional services provided
herein,including any authorized reimbursable expenses,pursuant to the following schedules:
I,Basic Services of thc Consultant
A.Connection Fee District Coordination (T&M)
B.Meetin s T&M
Total (NTE)
2,760
$g70
LS Lump Sum
N/A Not Applicable
NIC Not Included
NTE Not To Exceed
T&M Tinte &Materials
TBD To Be Determined
10
CONSULTANT'S 2017 STANDARD HOU)ILY RA'I'K SCHEDULE
PERSONNEL HOURI,Y RATE
Administrative .
StaR Engineer..
Project Engineer
Senior Project Engineer.
Project Manager
Principal
Senior Principal .
Senior Engineering Technician .
Engineering Technician (ET)
Registered Land Surveyor,
Landscape Architect..
On-Site Representative (OSR).
Senior On-Site Representative (OSR).
Crew Chief (CC)...
Crew Member (CM)..
Survey Crew..
Survey Crew with Scanner.
intern Crew Member
$70 00
.....$110.00
.....$140.00
.....$190.00
,....$170.00
„,$200.00
.....$225.00
.....$130.00
.....$100.00
$170.00
.....$130.00
..$95.00
.....$130.00
....$100.00
.......$85.00
....,$220.00
...$285.00
.....$65.00
iVIISCELLANEOUS EXPENSES
Survey Vehicle Mileage.
Automobile Mileage .
Plans
Veil vms
Out-of-Pocket Expenses (Meals,Ftotets,etc.)...
Large Format Color Prints ..
........$0.70/Mile
.....,$0.540/Mile
.......$0.15/Sq.Ft.
.......$0,55/Sq.Ft.
....At Cost +10'/o
......$5.25/Sq.Ft
IIIS
McC L URE
REIMBURSABLE EXPENSES
All materials and supplies usetl in th&.perfonnance of tvork on this project othn than
those indicated above will be billed at cost.
2.Auto mileage &vill be reimbursed per the st&old«l'0 mileage reimbursement established by
the Internal Revenue Service ($0.540 per mile).Service vehicle mileage will be
reimbursed on thc basis oi'$0.70 per mile.
3.All other direct expenses &vill be invoicc&l at cost.