HomeMy WebLinkAbout2015-10-19-Resolutions 15-358_Solid Waste Collection Solicitation Assistance - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-358
APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
WITH FOTH INFRASTRUCTURE AND ENVIRONMENT
[SOLID WASTE COLLECTION SOLICITATION ASSISTANCE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the City desires to retain the services of Foth Infrastructure and Environment,LLC,
for technical assistance and review in conformance with current industry standards as they relate
to the solicitation of a solid waste collection agreement with a private entity;AND,
WHEREAS,the engineering services agreement,attached hereto as Exhibit A,has been
reviewed and approved by the Waukee City Attorney.
NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with Foth Infrastructure and Environment [Solid
Waste Collection Solicitation Assistance]is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 19'"day of October,
2015.
illiam .Peard,Ma or
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Solid Waste Collection Solicitation Assistance
City Project No.
This Agreement is made snd entered into this ~4A day of October,2015,by and between City of
Vyaukee,a municipal corporation,hereinafter referred to as "City,'and FOTH INFRASTRUCTURE AND
ENVIRONMENT LLC,fped,I D,ff20-531 422a L a profess'onal corporation incorporated and licensed
under the laws of the State of lowe,party of the second part,hereinafter referred to as "Consultant."as
follows:
THE CtTY HEREBY AGREES TG RETAIN THE CONSULTANT FGR Tl-tE PROJECT AS DESCRIBED
IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFQRM THE PROFESSIONAL SERVICES
AND FURNISH THE NECESSARY DOCUMENTATION FGR THE PROJECT AS GENERALLY
DESCRIBED IN THIS AGREEMENT.
SCOPE OF SERVICES
Services provided under this Agreement shall be as further described in Attachment 1,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 shaii be approved by the authorized City
representative.The City agrees thai the Consultant is not responsible for delays arisir.g from a
change in the scope of services,a change in ihe scale of the Project or delays resuking from causes
not direcgy or indirectly related to the acrions of the Consultant.
3.COMPENSATION
A.In consideration of the professional services provided herein,the City agrees to pay the
Consuhant the following sum NQT-TG-EXCEED,including any authorized reimbursable
expenses,pursuant to lhe Schedule ol Fees set forth in Abachinent 3,
Basic Services of the Consultant
B,The Consukarit shall invoice the City monthly for services,any reimbursabie expenses arid any
approved amendmenls to this Agreement,based upon services actually completed at lhe time of
the invoice Final payment shad be due and payable within 39 days oi the City's acceptance of
Consultant"9 submission of final deliverables in accordance with the Scope of Services.
C.In consideration of the compensation paid to the Consultant,the Consultant agrees to perform all
professional services to the satisfaction of the City by pedornring the proiossional services in a
manner consistent with that degree of care and skill ordinariiy exercised by members of
Consultant's profession currently practicing under similar orcumstances,If the performs~ca of
this Agreement involves the services of others m the furnishing of equipment,supplies,or
materials,the Consultant agrees to pay for the same in full.
Page 1 at 9
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Futlt infrastructure anat Environment,Lu C.
Proleot No.15WC61.D1
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rt,INSURANCE
A.Ccnsultartl understat&ds and agrees that Consultant shall have no right of coverage under any
and all existing or future City comprehensive,self or personal injury policies.Consultant shall
provide insurance coverage for and on behalf of Consultant that wig suffictently protect Consultant
or Consultant"representabve(s)in ccnnection with!he professional as~vices which are to be
pmvided by Consultant pursuant tc this Agreerttent,including protectiorr from claims for bodily
mjury,death,properly 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 Ihe City,and shall also provide evidence of the following additional
coverage.
B The Consultant shall provide evidence of comprehensive general liability coverage and
contractual liability insurance by an insurance company licensed to dc business in the State of
lowe in the limits of at least $1,000,000 each personal injury accident and)ter death,$1,000,000
general aggregale personal injury and)or death;and $1,000,000 for each property damage
accident.The evidence shall designate the City as an additional insured,and that it cannot be
canceled or materially altered rrdthout giving the City at least thirty (30)days writlen notice by
registered marl,return receipt requested.
C.The Consultant shall also prov'ide evidence of automobile liability coverage in the limils of at least
$1,000,000 bodily injury and property damage combined.The evidcrco shall designate the City
as an additional insured,and that it cannot be cancel!ed or materially altered without giving the
City at least thirty (30)days written notice by registered mail,return receipt requested.
D,Tits Consultant shall provide evidence of professional liability insurance,by an insurance
company licensed to do busirtess in the State of Iowa,in the limit of $1,000,000 for claims arising
out of the professional liability of the ConsuitanL Consultant shall provide City written notice
within five (5)days by registered mail,return receipt requested of the cancellation or material
alteralion of the professional liability policy.
E.Failure of Consultant to maintain any of the insurance coveragss sei forth above shall constitute a
material breach of this Agreemerrt.
5.NOTICE
Any notice to the parties required under this agreement shall be in wrrttng,dekvered to the person
designated below,by Unked States mail or m hand delivery,at the indicated address unless
otherwise designated in wriling.
FOR THE CITY:FOR THE CONSULTANT:n:a~if vl r
Attn:John Gibson
Title:Director of Public Works
Address,230 W,Hickrnan Road
City,State:Waukee IA 50363
Nants:Folh infrastructure and Environment LLC
Agm Patdick Kueter PE
Title:State O erations Director
Address:8191 Birchwood Court Suite L
Ctly,Stats:Johnston.IA
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Date:Catoaer 19,2015
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City Plait:at NQ
Weokes„lace
ta GENERAL OMIaLIANCE
In the conduct of the Ixofessionai services coriten1plated t&ereunder,the Consultant shall cotnply wilh
applicable state.federal,and local law,rules,and regulations,technical standards,or specifications
issued by the City Consultant roust qualify for and obtain any required licenses prior to
cornmencernent of work,including any professional licenses necessary to perform work within the
State of lowe,
STANDARD OF CARE
Services provided by lhe Consultant undier this Agreement shall be performed in a manner consistent
with that degree of care and skill ordinarily exercised by members cf the same profession currently
practicing under similar circumstances.
INDEPENDENT CONTRA TOR
Consuitant understands and agrees that the Consultant snd Consultant's employees and
representatives are not City employees,Consultant shail be solely responsible for paymenl of
salaries„vrages,payroll taxes,unemployment benefits,or at ay other form of compensation or benefit
ta Can.ukont or Consultant's omplayoao,representatives or other pcrsonncl performing thc
professional services specified herein,whether it be of a direct or indirect nature.Further,it is
expressly understood and agreed that for such purposes neither Consultani nor Consultant'9
employees,representatives or other personnel shag be entitled to any City payroll,insurance,
unemployment„worker's compensatktn,retirement.,or any other benefits whatsoever.
N N-DISCRIMJNA ION
Consultant will not discriminate against any employee of appiicant for employment because of race,
color,sex,national origin,religion,age.handicap,or veteran status.Consullanl will,where
appropriate or required,take affirmative action to ensure that applicants are employed,and that
employees are treated,during employmeni.,without regard to their race,color,sex,or nationai origin,
religion,age,handicap,or veteran status,Consultant will cooperate with the City in using
Consultant's
tieSI effOriS tc enaure thai DiaadVantaged Buainoee Enlerpriaea are affOrded the maXimum
opportunity to compete for subcontracts of work under this Agreement.
1g.HOLD HARMLESS
Consultant agrees to indemnify and hald harmless the City.its ofiicers,agents,and employees from
any atnd all clairrs,settlements and judgments,to include all reasonable investigative fees,attorney's
fees,and court costs for any damage or loss which is due to or arises from a breach of this
Agreement,or from negiigetil acts,errors or omissioris in the perfortrtance of pmfessional servioes
under this Agreement and those oi its sub consultants or anyone for whom Consultant is legally
liable.
11.ASSIGNNIENT
Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein
tvithout first recewing prior writlen consent of the City.
Peace 19
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T 2,APPROPRIATION OF FUNDS
The fundS appreprialetl far thlS Agreerneril are squat IO Or eXCeed the COmpenaaliOri tO be pakl tO
ConsultanL 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 appmpriatad in whole or in part
for continued performance of the City's obligatiors under this Agreement,or if appropriated funding is
not expended due to City spending limitations„the City may terminate this Agreement without further
compensation to ihe Consukant,To the greatesl,extent allmved by law„the City shall compensate
Consultart as provided in Section 1 8(B)of this Agreement
j 3.AVTI IORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acknowtedge and agree that no amendment to this Agreement or
other foirm order or directive may be issued by the City which requires additional compensatile
work to be performed if such work causes!he aggregate amount payable under lhe amendment,
order or directive to exceed the amount appropriated for ihis Agreenient as listed in Section 3,
above,unless the Consultant has been given 9 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
Agreenient or other form,order or directive which requires additional compensable work to be
performed under this Agreemenl shall be issued by the City unless funds are available lo 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 law or equity,unless prior to commencing
the additional work the Consultant was given a written amendment,order or directive describing
the additionaf compensable work to be performed and setting forlh the amount of compensation
to be paid,such ameridmeni,order or'directive tc be signed by the authorized City
representative.It is the Consultanf s sole responsibility to know,determine,and ascertain the
authority of the City representsirve wgning any arnendmeni,directive or order,
14.OWNER HIP F ONSULTIN&DOCI MEN q
AII sketches„sacings,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
draivings and data shall be transmilled in a durable material,with electronic files prov~dad when
feasible to do so.The Consultant's liability for use of the sketches,tracings,plans,specigications.
reports,and other data prepared under this Agreement shall be limited to the Project.
I 5.INTERPRETATION
No amendment or modification of lhis Agreement shall be valid unless expressed in writing and
executed by the parties 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;ony pnor written
or oral agreements shall be of no force or effect and shall not be binding upon either party.The laws
of the Bate of lowe shall govern and any judicial action under the terms of this Agreement shall be
exclusively within the jurisdiction of the district court for Polk County,lowe.
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16.COfviPLIANCE bVITH FEDERAl LAyy
To the extent,any federal approprisbon has or will be provided for the Project,or any federal
requirement is imposed on the Project.Consubant agrees that Consultant will comply with ail relevanl
laws,rules and regulations imposed on City and/or Consultant necessary for receipt of the federal
appropriation.Consultant shall provide appropriate certification regarding Consultant'9 compliance.
17,SOLICITATION AND PERFORM'IANCE
A.The Consultant warrants that it has not employed or retained any company or person,other than
9 bruta fide employee working for the Consultant„to solicit or secure this Agreemenl,and that the
Consultant has not paid or agreed lo pay any company or person other than a bona fide
employee,any fee,commission,percentage,brokerage fee,gift or contingent fee
B.The Consultant shall nol engage the services of any person or persons in the employ of the City
al the time of comrnenciitg such services without the wrttlen consent of the City.
16,SVSPEhlSION AND TERMINATION OF AGREEMENT
A.The right is reserved by the City to suspend this Agreement at any time.Such suspension may
be effected by the City giving written nottce to the Consultant,and shall bo effective as of the dale
established in the suspension notice.Payment for Corsultant's services shall be made by the
City for services performed to the dale established in the suspension notice.Should the City
reinstate the work after notice of suspension,such reinstatement may be accomplished by thirty
(303 days written notice within a period of six (6)months after such suspettsfon,unless this period
is extended by wntlen consent of the Consultant.
B.Upon ten (10)days writlen notice lo the Consultant,the City may lermintvie the Agreement at any
time if it ts found that reasons beyond the control of either the City or Consultanl.make it
intpossible or agamst the Cily's interest to complete the Agreement.In such case,lhe Consullant
shall have no claims against the City except for the value of the work performed up to the date
the Agreement is terminated.
C.The Cily inay also terminate this Agreement at any time if il is found that the Consultant has
violated any material term or oondibon of this Agreement or that Consultant has failed to maintain
workers'compensation insurance or other Insurance provided for in this Agreerneni fn the event
of such defaull by the Consultant„the City may give ten (10)days vwitten notice to the Consulianl
ot'the city's intent to terminate the Agreement.consultattt shall have ten (10)days from
notificatioit to remedy the condibons consbtutmg the default.
D.In lhe event that this Agreement is terminated inaccordance with paragraph C of this section,the
Cily may lake possession of any work and may complete any work by vrhatever metsts the City
may select,The costof completing said work shall be deducted from the balance which would
have been due to the Consultant had the Agreement not been terminated and work completed in
accordance with contract documents,
E.The COi1Sultant may terminate thiS Agreemei1t if it iS fOund that ttse City haS Viclated any material
term or condition of this Agreement.In the event of such default by the City,the Consultant shelf
give ten (10)days written notice to the City of the Consultant's intent to terminate the Agreement.
City shall have len {10)days from notification to reinedy the conditions constituting the defaulL
Psgv 5 di 9
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Date.Octaeer 19 2015
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The Consultant shalt pay all sales and use taxes required to be paid to the State of iowa or&ttte work
covered by this Agreement.The Consultant shell execute and deliver and shaH cause any sub-
consultant or subcoiitractOr tc execute and deliver to the City certificates as required to permit ihe
City to make applicaticn for refunds of said sales and use taxes as applicable,The City is a
municipal corporation and not subject to state snd local tax,use tsx,or federal excise taxes.
20 SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a court of cornpeterit juriediction,
the remaining portions of this Agreement shag continue in full force and effect,
2t,MISCELLANEOUS HEADINGS
Title to articles,paragraphs,and subpsragraphs are for information purposes only and shall not be
considered a substantive i)al'I of this Agl'eelnent.
22.FURTHER ASSLIRANCES
Each party hereby agrees to execute and deliver such ariditional instruments and documents and lo
take aH such other action as the other party may reasonably request frln time to time in order to
effect the provisions and purposes of this Agreernenf
This Agreement may be executed in any number of counterparts,each of which shall constitute an
original dorxtment,no other counterpart needing to be produced,and ell of which when taken
together shall constitute ihe same instrument.
IN trtIITNESS WHEREOF,the parties have caused this Agreement lo be executed by their duty
authorized offrcers or agents on the day and year first above written,
CONSULT T
P
Name:Patrick P.Kueter
Title:Client Director
CITY QF AUKEE
BY:
Name:Wil'rn F.card
Tige:Ma or
WtT NESS,ATTEST;
Nafne Ji Miles-Polka P,E
Titie Ci ent Director
Name VHj %LIC
Title t
Fotn inlrasllvctvre and Erierorllrielil,L,L C.
Project No.15WC61.61
Date:Qctotrer 'te,2515
Solid Waste Collection Sole:itetlon neeetance
City Project eto.
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ATTACHMENT f
SCOPE OF SERVICES
The work to be performed by the Consultant under this agreement shall encompass and include detailed
tsntrk,services,materials,equipmenl and supplies necessary lo assisi the Cily.The project consists of
technical assistance and review related to the solicitation of a sokd waste cogeclion agreement with a
private entity.The City has a current agreement with Waste Management that ends June 311,2016,lf the
City desires,the City may extend thc current agrocmont for up to three (3j yea~s and rnusl negotiate and
execute this extension prior to April 1".201 6 to fulfil the lerms of the current agreement.The City
deelreS aSSiatanoe frOm the COneultant tO determine hcW tO prOCeed fOrWard baSed On Cument induegy
ala cd a I'd 5.
The scope of services to be performed by the Consultant shall be completed in accordance with generally
accepted standards of practice and shall include the services to complete the foltcvtang tasks.
!.BASIC SERVICES GF THE CDNSULTANT
The Consultant shall consult on a regular basis vrtth the City to clarify and define t0e City's requirements
for the Project end review available data.The City agrees to furnish to the Consultant full information with
respect to the City's requirements,including any speciai or extraordinary considerations fcr the Pmject or
special services needed,and also to make evadable pertinent existing data,The Consultant shall provide
the fallowing basic services ln regard to the Project:
A.Develop Request for Proposals jRFP I
Task I —lmtial Meettn
Meet wtth the City to identify speclftc gosh and needs for the RFP and revised agreement.
Discuss City's options and strategies Including negottabng specific terms of a contract
amendment with Waste Management as part of a service agreement extension package.Review
current agreement and identify modifications to incorporate in to draft RFP to meet the needs of
the City.
Task 2 —Develo Draft RFP
Develop draft RFP based on the initial input meeting wtth the City,existinc City agreement for
collection,and current solid waste industry standards.RFP packet wig include draff Agreement
as an attachmerlt,Distribute Draft RFP to the City Staff snd legal counsel for review and
commenb
Task 3 —Finaiiz RFP
incorporate City staff and City legal counsel review comments from draft RFP and finalize RFP
suitable for release by the City,
Task 4 -RFP Clarification
Assist City with inquires received during the RFP process,Assist the City in developing answers
to questions from prospective respondents prior to RFP response and issue addenda as
appropriate lo interpret,ciardy or expand the RFP document.
Task 6 —Evaluate RFP Ros onsos
Assist the City with review RFP responses and txeale a summary labte comparirlg the proposals.
Participate with the City in one oral intervievii each for up to two highest ranked respondents.If
needed,assist City wilh negotiagons amongst single or multiple respondents.
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Task 6 —Deveio A reerrtent
Based on RFP response,responder,t's arel interviews,and negotiations,draft final Agreement for
solid waste cogection for use by the City.
ATTACHMENT 2
PROJECT SCHEDULE
The time of cotnptetton of the design and engineering services under this Agreement shag be as follows:
Basic,Services of the Consultant-
Anticipated Consultant Contract Approval October 19,2015
A,Develop Rettuest for Proposals jRFP)
initial Meeling with City Blaff
Draft RFP Packet to City
Response form City of Draft RFP
Final Droit RFP to City
City issues RFP
Response due to City
Review RFP Response
Interviews (ir needed&
City Awards Contract
october 23,2015
Gctober 30,2015
November 6,2015
November 13,2015
November 18„2015
December 18,2015
January 8,2016
January 15,2016
February 15,2018
Fottr Infraatroolore and Envrorimeol,L.LC.
Proieol rto.1erVO61.01
Dale Oraober 1S,2otS
Solid Waste Cotteotioir Sotidteiioo Aaarataooe
Crty Profeot No,
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ATTACHftfIENT 2
SCHEDULE OF FEES
FOTH iNFRASTRUCTURE AND ENVIRONMENT,L.L.C
2015 STANDARD HOURLT RATE SCHEDULE
CLASSIFICATION HOURLY RATE
Profecl Director
Project Manager
Project Srieniisl
Protect Advisel"
Lead Engineer
Project Engineer
Staff Engineer
Lead Technician
Engineering Technician
CAD Technician
Construction Manager
Lead Field Technician
Field Technician
Land Surveyor
Adrrilnis tra'tive Assis tan'l
$177.00
$146.00-$I 72.00
$1 56.00
$157.00
$1 57.00
$121,00-$147.00
$102.00-$120,00
$121.00
$64,00-$114.00
$139.00
$114.00
866.00-$1 00.00
$1 23.00
$60.00
REIMBURSABLE EXPENSES
All materials and supplies used in the performance of work on this project will be billed at cost,
2.Auto mileage vag be reimbursed per the standard rnifeage reimbursement estabfished by the Internaf
Revenue Service,Service vehicfe mileage will be reimbursed on the basis of $9.66 per mile.
3.Charges t'or outside services such as soiis and materials testing,fiscal,legal will be billed at costs.
4.All other direct expenses wgl be invoiced at cost.
ADJUSTMENTS TO FEE SCHEDULE
Fee schedule effecgve January'1,2015 Rates subject to change annuaily on January 1.
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