HomeMy WebLinkAbout2017-11-06-Resolutions 17-512_Enterprise Business Park Stormwater Detention Evaluation - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-512
APPROVING AGREEMKNT FOR PROFESSIONAL CONSULTING SERVICES WITH
VEENSTRA &KIMM,INC.[ENTERPRISE BUSINESS PARK STORMWATER
DETENTION EVALUATION]
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WAUKEE,IOIYA
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 services to
review the existing stormwater management and detention requirements for the detention pond that
abuts Enterprise Business Park,as well as to evaluate alternative remedies to address the current
condition of the detention pond;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 Veensna &Kimm,Inc.[Enterprise Business
Park Stormwater Detention Evaluation],attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the day of November,2017.
Attest
lliam .Peard,ayor
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
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
ENTERPRISE BUSINESS PARK STORVflWATER DETENTION EVALUATION
[project description]
City Project No.
Tht Edt tt d»d t dtt ttt fddhdy I JJINIAK 227 7 hy d
between City of Waukee,a municipal corporation,hereinafter referted to as "City,"and
Veenstra &Kimm Inc.I (Fed.ID ¹42-1137727 ),~E
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 Agreetnent shall be as further described in Attaclunent I,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
fiom 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 I'ees set forth in Attachment 3.
I.Basic Services of the Consultant
A.Study,Analysis,Preparation of Evaluation
Report
B.
C.
Total
S 4 800
S
S 4~800
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 thc time of the invoice.Final payment shall be duc and payablc within 30
days of the City's acceptance of Consultant's submission of final dcliverables in
accordance with the Scope of Services.
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 perfonnance of this Agreement involves the seivices of others or the
furnishing of equipment.supplies,or materials.the Consultant agrees to pay for the same
in full.
4.INSURANCE
Consultant understands and agrees that Consultant shall have no right of coverage under
any and aH existing or future City comprehensive,self or personal injury policies.
Consultant shall provide insurance coverage for and on behalf of Consultant that will
suAicicntly 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 clainis 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 cvidencc of the following additional
covel'age.
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;S 1,000,000 general aggregate personal injury and/or death;and $1,000,000 for
each propcrty 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 $),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 thiidy (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 thc 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 niatci ial altei ation o f the professional Imibili3y pohcy.
E.Failure of Consultant to maintain any of thc insurance coverages set forth above shall
constitute a material breach of this Agreement.
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:
~:~Cit fW
Attn:John Gibson
Title:Director of Public Works
Address:230 W.Hickman Road
City,State:Waukee IA 50263
Name:Veenstra 61:Khntn Inc.
Attn:Forrcst S.Aldrich.P.E.
Title:Pro'ect Mana *er
Address:3000 Westown Parkwa
City,State:West Des Moines IA 50266
6.GENERAL COMPLIANCE
In the cmiduct of the professional services contemplated hereunder,the Consultant shall
comply with applicable state,federal,and local law,mles,and regulations.technical
standards,or specifications issued by the City.Consultant must qualify for iuid 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 iuid
representatives are not City employees.Consultant shall be solely responsible for payinent 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 puiposes 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.
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 appmpriate 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,hruidicap,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
Agreemcnt.
10.HOLD HARMLESS
Consultant agrees to indemnify and hold hartnless the City,its officers,agents,and
employees fiom any and all claims,settlements and judgments,to include all reasonable
investigative fees.attoniey's fees,and court costs for any damage or loss which is due to or
arises fiom 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 ruiy 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 perfortnruice of the City's obligations under
this Agreement,or if appropriated funding is not expended due to City spending limitations,
the City may tertninate this Agreement without further compensation to the Consultant.To
t e greatest extent a owe y aw,t e City sia compensate onsu tant as prov&e m
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 bc performed if such work causes the aggregate amount
payable under thc amendment.order or directive to exceed the amount appropidated 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
Agrccmcnt or other form,order or directive which requires additional compensable work
to be performed undtn this Agreemcnt shall be issued by the City unless funds arc
available to pay such additional costs,and the Consultant shall not be entitled to any
additional compensation for any additional compensable work performed under this
Agreement.The Consultant expressly waives any right to additional compensation,
whether in Iaw or equity,unless prior to commencing the additional work the Consultant
was given a written ainendment,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 siyied 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 feasibfe 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 &&f this Agreement shall be valid unless expressed in writing
and executed by the partics 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
thc tcnns 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 wfil 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
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,rnid that thc Consultant has not paid or agreed to pay any conipany or person
other than a bona fide employee,any fee.commission,percentage,brokerage fce,gilt or
contingent fee.
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 thc City.
18.SUSPENSION AND TERMINATION OF AGREEMENT
The right is reserved by the City to suspend this Agreement at any time.Such suspraision
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 perfoiimed 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 fotmd 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 Agremnent is temiinated.
The City may also temiinate this Agreement at any time if it is found that the Consultant
has violated any material teim 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 da s fiom notification to remed 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 Agreeanent not
been terminated and work complctcd in accordance with contract documents.
The Consultant may teiminate 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 Agrecmcnt.City shall have ten (10)days fiom notification to remedy the
conditions constltumtg&c 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 usc taxes as
applicable.The City is a niunicipal corporation and not subject to state and local tax,use tax,
or federal excise taxes.
20.SEVERABILITY
If any pot%on 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 infoimation purposes only and shall
not be considered a substantivepa&t 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 ol'counteiparts,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 A cement to be executed b their dul
authorized officers or agents on the day and year first above written.
CONSULTANT CITY OF WAUKEE
Name:Fonest S.Aldrich P.E
Title:Pro'ect Mana er
By:
illiai F.P card,Mayor
ATTACHMENT I
SCOPE OF SERVICES
The work to be performed by the Consulrmu 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 for the Enterpidse Business Park Stonnwater Detention Evaluation shall
include,but not necessarily be limited,the following:
a.Review of the existing stormwater management report for the Enterprise Business
Park and Sunrise Meadows developments from 1995.
b.Deteimine the current stormwater detention requirements for the pond located on the
north side of the Enterprise Business Park located on the east side of Wattior Lane
and south of NE Sunrise Drive.
c.Evaluate alternatives to remedy the stagnant condition of the pond while still
maintaining the required stonnwater detention function of the pond.Alternatives
evaluated will include filling the pond,dredging the pond and aerating the pond.
d.Prepare a cost estimate for each of the alternatives.
e.Prepare a draft report setting forth the results of the evaluation and recommendation.
f.Review the draft report with representatives of the City.
g.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 final report will be provided.
Services not included under this Agreement:
Seiwices under this Agreement shall not include the preparation of any working drawings or
contract documents,preparation of plans and specifications or taking of bids for any project
recommended as patt of this Agreement.
Work under this Agreement shall not include services for obtaining environmental clearances
including archeological suiveys.
Work under this Agreement shall not include services related to soil borings and geotechnical
investigations involving a deteimination of subsurface conditions.
Work under this Agreement shall not include any services associated with litigation or claims
resolution resulting from the final adoption of the rcport by the City.Any additional services as
a result of litigation or claims resolution shall be considered Extra Work.
ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of tltc scope of services under this Agreement shall bc as follows:
Preparation and presentation of the report:November 17,2017.
10
ATTACHMENT 3
SCHEDULE OF FEES
CONSULTANT'S 20l 7 STANDARD HOURLY RATE SCHEDULE
CLASSIFICATION HOURLY RATE -See attached Exhibit A.
REIMBURSABLE EXPENSES
All materials and supplies used in the perfotmance of work on this project will be billed
at cost.
2.Auto mileage will be reimbursed per the standard mileage reimbursement established by
the Internal Revenue Service.Service vehicle mileage will be reimbursed on the basis of
$0.535 per mile.
3.Charges for outside services such as soils and materials testing,fiscal.legal will be billed
at their invoice.
4.All other direct expenses will be invoiced at cost.
EXHIBIT A
VEENSTRA &KIMM,INC.HOURLY RATES BY EMPLOYEE CLASSIFICATION
(Effective luly 2017)
Management I .
Management II ..
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
Engineer VI.
Engineer VII..............
Engineer VIII .................
Engineer IX.
Engineer X
Engrineer XI.
Design Technician
Planner I ..
Drafter I.
Dratter I I .
Dratter III ..
Drafter IV
Dratter V.
Drafter VI ..
Drafter Vll
Clerical I..
Clerical II ..
Clerical Ill.
Clerical IV.
Construction Manager.
Surveyor I ..
Surveyor II ..
Technician I
Technician II.
Technician III..
Technician IV..
Technician V.
Technician VI..
Technician VII ..
Technician Vill.
Technician IX..
Building Inspector I
Building inspection I-A
Building Inspector Il .
'Robotfcs ...........................
$166.00
.......162.00
.....,.187.00
.....,.166.00
.......154.00
,......148.00
136.00
.......126.00
.......122.00
.......114.00
.......I I 0,00
.....,.106.00
.........97.00
.........92.00
.........87.00
.........83.00
.........77.00
.........7 I .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
.........3 5 .00
158.00
.........99.00
.........86.00
.........82.00
.........76.00
.........7 I .00
.........66.00
....,....60.00
.........56.00
.........49.00
.........43.00
.........35.00
.......147.00
.......102.00
.........79.00
30.00/Hour
12
GPS
Leica Total 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
.535//Mile
13