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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.