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HomeMy WebLinkAbout2017-08-07-Resolutions 17-373_Lift Station 3 - Evaluation - Engineering AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-373 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH VEENSTRA &KIMM,INC.[LIFT STATION NO.3 EVALUATION] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UI EE,IO 8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,City staff recommends retaining the services of Veenstra &Kimm,inc.,for review and evaluation of performance and flows of Lift Station No.3;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 Veenstra &Kimm,Inc.[Lift Station No.3 Evaluation],attached hereto as Exhibit A,is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 7'"y of August,2017. Attest: tlli .Peard,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN AGRL'FMENT FOR PROFESSIONAL COiNSULTING SERVICES I.IFT STATION NO.3 EVALUA'I'ION Lproject description] City Project No. This Ag&reemiuit is made and entered into this 7th flay of )rEInuar-.301 7 .by aud bctvvecn City of IVaukce,a municipal corporation.hereinafter refi:rred to as "City,"anil k ID I ..If d.ID f72117727 )7 *E F "t I »I »d ;I d d lt »d »d tl I :f tl Et t f I ,7 ly f tl 'd part,hereinaf'ter referred to as "Consultant"as folloivs: THE CITY HEREBY AGREES TO RETAIN THE CONSULTAN)T FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSUI,TAiUT AGREES TO PERFORM THE, PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOClJMENTATION FOR THE PROJECT AS GFNEPEAI LY DESCRIBL'D IN THIS AGREEiMENT, I SCOPE OF SL)RVIC'IDS Senfices provided under this Agrccnlcnt shi)11 be as further described in Attachment I,Scope of Sera iccs. 3,SCI IEDULE The scheilule of the prolessional services to be performed shall conform to the Schedule set forth in Attachinent 2.Any deviations from the Schedule shall bc approved by the autliorized City representative.The City agrees that the Consultant is not responsible for delays arising fi om a change in the scope of services,&s change in thc scale of the Project or delays resulting front causes not directly or indirectly related to the actions of the Consultant. 3.COIvlPENSATION A.In consideration of the professional services provided hereiny the City agrees tn pay the ('onsultant the folloivintn sum NOT-TO-EXCEED,including any authorized i)ein)bursable expenses.pursuant to the Schedule of Fees set forth in Attach)iso)st 3. I.Basic Services of the Consultant A.Study.Analysis,Preparation of Evaluation Report B. C. Total S 16 300 S 16.600 B.'I'he Consultant shall invoice the City monthly for services,any reimbui'siible expenses taml any approv ail arnenclments to this Agreement.based upon services actually completed at thc time of the invoice.Final payment shall bc due and payable within 30 days of the City's acccptinice of Consultant's submission nf tmal dclivrnablcs in accordance with the Scope of Services. In consideration of the comp&nisation paid to the Consultant,the Consultant agrees to perform all professional services to the satisfaction of the City by performing thc professional services in a manner consistent with that degree of care and skill ordinartly exercised by members of Consultant's profession cunently practicing under similar circumstances.If the performance of this Agreement.involves thc services of others or thc furnishing of equipment,supplies,or materials,the Consultant agrees to pay for the same hi full. 4.INSVRANCF Consultant understands and agrees that Consultant shall have no ri j«it of coverag&e under aliy 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 Consultmit'representative(s)in connection ivith the professional services which are to be provided by Consultant pursuant to this Agreeiuent. 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 sliall file applicable insurance certificates ivith the City&and shall also provide evidence of the follov;ing mlditional coverage. Thc Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the Snltc of Iov;a in the limits of at least $1,000.000 each personal injury acciclent and/or death',$1,000,000 general aggregate pelsoiliil injury &encl/ol death;and 5 I &000,000 for each property damage accident.The evidence shall designate the City as an additional insured,and tliat it cannot be canceled or materially altered w&ithout giving the City at least thirty (30)days written notice by registcrecl niail&return receipt i.equestcd. Thc Consultant shall also provide eviilence 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 tliat it cannot be cancelled or inaierially altered ivithout giving the City at least thiiay (30)days written notice hy registered mail, return receipt requested. Thc Consultant sll&lll provide evidence of professional liability insurance,by an insurance company licensed to do business in the State of Iowa,in the limit of S1,000,000 for claims arising out of thc professional liability of the Consultant.Consultant shall provide City written notice within live (53 days by registered liiail,return receipt requcstcd of the cancellation or material alteration of thc professional liability policy. E.Failure of Consultant to maintain any ol'the insurance covcragcs sct forth above shall constitute a material breach of this Agrccmcnt. 5.NOTICE Any notice to the pa&ties required under this agrcenient sliall be in &vriting.delivered to ihc pcl'soil designated bcloiv&by Linited States mail or in ha&id delivery,at thc indicated address 1&I&less otliel v'ise (I(sigl&n&&ted in wriiing, FOR TFIE CITY:FOR.THE CONSULTANT: N,»:~&:t f'W Attn:John Gibson Title;Director of Pul&lic Works Address:230 W.Hickman Road City,State:Waukee,IA 50263 Name:Vccnstra k.ICimm.Inc. Attn:Forrcst 8,Aldrich,P.E. Title:Pro'cct Manaacr Address:31100 V&&est»vn Parkv&ay City,State:'vVcst Dcs Moines IA 50266 6.GENERAL COIvlPLIANCE In the conduct of the,professional services contemplated hcrcundcr&thc Consultant shall comply with applicable state,federal,and local lmv,rules,and regulations,technical standards,or specifications issued by ihe ('.ity.Consultant must qualify for and obtain any required licenses prior to commencement of work.including any professional licenses necessary to pcrfonn w&ork ivithin the State of lo&va. 7.STANDARD OF CARE Services provided by the Consultant under this Agreement shall be perfor&ned in a mmmer consistent with that dcgrcc of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. g.INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Cr&nsultant's employees and representatives arc not City en&ployees.Consultant shall be solely responsible for paynaent of salaries,wages,payroll taxes,unemployment benefits,or any other i'orm of compensation or benefit to Consultailt or Consultant's employees.representatives or other personnel pcrfonning the professional services specified hcrcin.&vhciher it be of a direct or indirect nature.Fu&0&cr&ii is expressly understood and agreed that for sucii purposes neither Consultant nor Consultant's mnployces&representatives or other personnel shall be entitled to any City payroll,insurance.unemployment,worker's comp&a&sation.retirement,or any other benefits ivhatsoever. 9.NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for crnplovment because of race.color,scx.nauonal orig&in,relig&ion&ago,handicap,or veteran status Consultant will. where appropriate or required,take affirmative action to ensure that applicants are employed, 'uld !hat employees are treated,during employment.without regard to their race,color,scx. or national origin,religion,age&handicap,or vetentn status.Consultant will cooperate with the City in using Consultanps best efforts to cnsurc that Disadvantaged Business Enterprises are aft'orded the maximum opportunity to compete 1'or subcontracts of tvork under this Agreement. 10.HOLD I IARMLESS Consultant agrees to indemnify and hold harmless the City,its officers&agents.and employees fiom any &utd all claims,settlmnents and judgments,to inch!dc all reasonable investigative fees,attorney's fees.and court costs for any damage or loss vvhich is duc to or atdses from a breach of this Agreetuent.or from negligent acts,ertors or omissions in the performance of professional sert ices under this Agrecmcnt and those of its sub consultants or anyone for whom Consult&ntt 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 C!ty. 12.APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or cxcccd the compensation to be paid to Consultant.The City's continuing obhgations under this Agrecmcnt may be subject to appropfiation of funding by the City Council.In the event that sul'ficient fiutding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement,or if appropnated funding is not expended due to City spending limitations, the City may terntinate this Agreement without further compensation to thc 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.Thc Consultant and the City acknowledge and agree that'no runcndment to this Agreemmtt or other fortn.ordm or directive may be issued by the City tvhich requires additional compensablc work to be performed if such work causes thc ag&gregate amount payablc undm the amendmcnt,orden or directive to cxccerl the amount appropriated for this Agreement as listed in Section 3,above.unless the Consult&oat has been given a writtcn assurance by thc City that latvful app!'op!'iation to cover the costs of thc additional worl&has been ntadc. B.1hc Consultant and thc City further acknowledge and agree that no amendment to this Agrecnient or other form,order or directive whicli requires additional compcnsabh:work to bc pcrfornicd under this Agreement shall be issued by thc City unless funds are available to pay such additional costs.and the Consultant shall not be cntitlcd to any additional compensation t'or any aclclitional compensable ivork performed under this Agreement.The Consultant expressly waives any right to additional compmisation. ivhether in law or equity,unless prior to commencing the additional v;ork the Consultant was given a ivrittcn amendmcnt.order or directive describing the additional componsable ivork to be performed and setting forth the amount of compensation to be paid,such antendment,order or directive to bc signed by thc authorized City representative.It is the Consultant's sole responsibility to 1&now&dcterniine,and ascertain the &lilthority of the City representative signing any am emlment.directive or order. 14.OWNERSHIP OF CONSVI 'I'ING 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 termmation of the services of the Consultant.All drawings and data slm&11 be transmitted in a durable material, ivith electronic files provided a&hen feasible to do so.The Consultant's liability tor use of the sketches,tracings,plans,specifications.reports&mid other data prepared under this Agrccment slm&ll be limited to thc Project. 15.INTERPRETATION No &lmcndmcnt or modification of this Agreement shall be valid unless expressed in ivriting and executed by the parties hereto in the same manner as the cxccution ot'the Agreement, This is a completely integrated Agreement and contains t.he 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 Agreinnent shall be exclusively ivithin the jurisdiction of the district court for Dallas County,Iov:a. 16.COMPLIANCE WITH FEDERAL LAW To the extent any fcrleral appropriation has or will be provided for the Project,or any federal requirement is imposed on the Project.Consultant agrees that Consultant ivill comply with all relevant laivs,rules and regulations imposed on City &and/or Consultant necessary for receipt of the federal appropriation.Consultant s]'lail provide appropriate ccitification regarding Consultant's conipliance. 17.SOLICITA'I ION AND PERFORMANCE The Consultant &Ya&Tants that it has not mnployecl or retained any company or person, other than a bona fide employee worl-ing for the Consultant,to solicit or secure tins Agreement,and that the Consultant has not paid or agreed to pay any company or person other thai&a.bol&a fide employee.any fce.commission,percentage,brokmagc fcc.gift or contingent fee. Thc Consultant shaH not engage the scrviccs of any person or persons in the employ of the City at thc time i&f con&mencing such se&vices without the written consent of thc City. 18.SUSPENSION AND TERMINATION OF ACIREEMF&NIT The right is rescrvccl by the City to suspend this Agrccment at any time.Such suspension may be effected by the City giving written notice to the Consultm&t,and shall be effective as of the date established in the suspension notice.Payment tor Consultant's services shaH bc made by the City for services performed to the date established in thc suspension notice.Should the City reinstate the work ager notice of suspension,such reinstatement may be accomplished by thirty (30)days ivritten notice &vithin a pc&'iod of six (6)months after such suspension,unless this period is extended by &vritten consent of the Consultant. Upon ten (10)days written notice to the Consultant,the City may tern&inate thc 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 thc Agreeinent.In such case,the Consultant shall have no claims against thc City except for the value of the work performed up to the date thc Agreement is terminated, 'I'he City &nay also terminate this Agreement at any time if it is found that the Consultant has violated any material tenn or condition of this Agreemcnt or that Consultant has failed to maintain workers'compensation insurm&ce or other insurance provided for in this Agreement.In the event of such default by the Consultant,the City may give tim (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shaH have ten (10)days fio&n notification to remedy the conditions constituting the default. D.In the event that this Agreement is terminated in accordance with paragraph C ol'this section,the City may take possession of any work and may con&piete any work by whatever means the City may select.The cost of completing said v'ork shall be deducted finn&the balance which would have been clue to the Consultant had the Agre&nun&t not been tinminatcd and work conH&lcted in accordance with contract documents. The Consultant may terminate this Agreement if it is found that the City has violated any nmterial term or condition of this Agreement.In the event of such default by thc City,tl&e Consultant shall give ten (10)days written notice to the City of the Consultant's intent to tcisninate thc Agreement.City shall have ten (10)days from notification to remedy the conditions constituting thc default. 19.TAXES 1 he Consultant shall pay all sales and usc taxes required to be paid to the State of Iov,a on thc ivork coaered by this Agrccnient.The Consultant shall cxccute ami deliver and shall cause any sub-consultant or subcontractor to execute and deliver to thc City certiftcatcs as required to permit the City to maire application for refunds of said sales and use taxes as applicable.Thc City is a municipal corporation anti not subject to state ancl local tax.use tax, or fcdiaal excise taxes. 20.SEVERABILITY If any portion of this Agreement is held invalid or unent'orceablc 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,para&naphs,and subpaiagraphs are for infoill'iaitlorl pul'poses Dilly aml sliall not be considered a substantive part of this Agreement. 22.I URTIqER ASSURANC'ES Each pasty hereby agrees to execute anil deliver such additional instruments and documents rnirl to take all such other action as the other party may reasonably request fiom time to time in onier to effect the provisions and purposes of this Agreemcnt. 23.COUNTERPARTS This Agreement may be executed in any number of counteiparts,each of which shall constitute an original docummit,no other counterpart needing to be produced,and all of which when taken together shall constitute the same instnunent. IN WITNESS WIREREOF,the parties have caused this Agreement to be executed by their duly mithorized officers or agents on the day and year first above ivritten. CITY OF 'vVAUKEE Bv Name:Forrest S.A]dric i.P.E Titl 'f~t1f By illiani F.Pcard,Mayor ATTACHlv1ENT I SCOPE OI'SERVICES The work to be performed by the Cbns«lrnnr under this agreemcnt shall encompass and include detailed ivork,seri ices,materials,equipment and supplies necessary to complefe analysis and design for the project. The Scope of Services for the Lift Station No.3 Fvaluation shall include,but not necessarily be limited,the following: a.Review of the perfoimance and flows of the lift station for the past year. b.Evaluation of the physical capabilities of the lift station to provide reliable and on- going pumping of the ivastewater flows received. c.The evaluation of the lift station shall uicludc the pumps,piping,valves,concrete structures,trash basket,guide rails,controls,electrical system and standby pumping systelll. d.Thc evaluation of the lift station does not include lhe standby power generator and the OmniSite alarm and Iloiv recording system. e.In consultation with the City identify repairs and improvements needed at the lift statloli. f.Prepare a cost estimate for the recommended repairs and improvements. g.Prepare a draft report setting forth the results of the evaluation and recommendation. h.Review the draft report with representatives of the City. i.Prepare and submit the final report. The results of the evaluation will be compiled and set forth in a written report presented to the City as outlined in Scope of Services.Three (3)copies of the draft report and five (5)copies of the tinal rcport will be provided. Services not included under this Agrcemcnt; Services under this Agreement shall not include thc preparation of rlny working drawings or contract documents,preparation oi plans and spccificattons or taking of bids fol'ally project recommended as part of this Agreemcnt. Work under this Agreement shall not include services for obtaining environmental clearances including archeological surveys. Work under this Agreemcnt shall not include servicesrelated to soil borings and geotecluaical investigations involving a determination of subsurface conditions. Work under this Agreement shall not include any services associated v ith litigation or claims resolution resulting from thc tmal adoption of the report by the City.Any additional services as a result of litigation or claims resolution shall be considered Extra Work. Work under this Agrcemcnt shall not include a rate study and the impact on server rates. A fTACHMENT 2 PROJECT SCH ED IJLE The time ot'contplction of'the scope of set&does undtn this Agreement shall be as follows: Preparation and presentation of the report:December 29,2017. ATTACHMENT 3 SCHEDULE 01 1-EL'S CONSULTANT'S 201 7 STANDARD HOL'RLY RATE SCHEDUI,E CLASSIFICATION HOURLY RATE -See attached Exhibit.A. RLrIMBURSABLE EXPENSES 1.All matetdals anc1 supplies used in the performance of work on this project tvdl be billed at cost. 2.Auto mileage will be reimbursed per the standard n»leage reimbursement established by the internal Revenue Service.Service vehicle mileage will be reimbursed on the basis of $0.533 per mile. 3.Charges for outside services such as soils and materials testing,fiscal,legal svill be billed at their invoice. 4.All other direct expenses will be invoiced at cost. 11 EXHIBIT A VEENSTRA &KIMM,INC.HOURLY RATES BY EMPLOYEE CLASSIlrICATION (Effective I uly 2017) Management I iVianagcmcnt 11. Process Engineer Engineer I-A Engineer I-B Engineer I-C Engineer II-A . Engineer II-B Engineer III-A Engineer III-B Engineer III-C Engineer IV Engineer V Fngineer VI Engineer VII Engineer Vill .................. Fngineer IX Engineer X ........................ Engineer XI Design Tccluzician .. Planner I. Drafter I. Drafter II ........................ DraAer Ill Dratter IV .. Drafter V. Drafter VI...................... Drafter VII Clerical I . Clerical II .. Clerical III. Clerical IV........,.......... Construction Manager. Surveyor I Surveyor 11 Technician I Teclutician II. Tcclutician Ill .. Technician IV . Technician V Technician VI . Technician Vll Technician VIII. Technician IX Building Inspector I Building Inspection I-A Building Inspector II . Robotics .....$166.00 ......162.00 187.00 ........166.00 ........154.00 ...148.00 ........136.00 ........126.00 ........122.00 ........114.00 110.00 ....106.00 97.00 92.00 ..........87.00 ........,.8 3 .00 77.00 .71.00 65.00 93.00 104.00 92.00 ..........79.00 75.00 70.00 60.00 56.00 45.00 85.00 ...60.00 45.00 35.00 158.00 ..........99.00 ..........86.00 82.00 76.00 .........71.00 66.00 ..........60.00 .........56.00 49.00 43.00 .........35.00 ........147.00 ........102.00 ......,...79 .00 ....30.00r H our GVS.. Leica '1'otal Station. Total Station Robotics ..... Tablet . Fluoroscope 4-Wheeler. Mileage ....30.00/Hour .....20.00/Hour. .....15.00/Hour .....45.00/Hour .50.00/Hour .....45.00/Hour 5351.'/Mile 13