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