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Home My WebLink About2016-05-02-Resolutions 16-178_Bluestem Lift Station 14 Improvements - Engineering Agr Amendment 1THE CITY OF WAUKEE,IOWA RESOLUTION 16-178 APPROVING AMENDMENT NO.I TO AN AGREEMENT FOR ENGINEERING SERVICES WITH MCCLURE ENGINEERING COMPANY [BLUESTKM LIFT STATION NO.14 IMPROVEMENT PROJECT] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UEEE,IOS'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,on May 18,2015,the Waukee City Council approved an Agreement for Engineering Services with McClure Engineering Company related to the Bluestem Lift Station No.14 Improvement Project (Resolution ¹15-156);AND, WHEREAS,the City proposes an Amendment to the Engineering Services Agreement for construction administration,record drawings,and other meetings;AND, WHEREAS,the engineering services amendment,attached hereto as Exhibit A,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 Amendment No.1 to an Agreement for Engineering Services with McClure Engineering Company [Bluestem Lift Station No.14 Improvement Project]is hereby approved. Passed by the City Council of the City of Waukee,Iowa,and approved the 2"day of May,2016. Attest: tlliam F.card,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X X NAY ABSENT ABSTAIN X AMENDMENT NO.1 TO THE AGREEMENT FOR ENGINEERING SERVICES WASTEWATER SYSTEM IMPROVEMENTS WAUKEE BLUESTEM LIFT STATION ¹14 IMPROVEMENTS WAUKEE,IOWA TNIEAIIIENDMENT d Ih ~ld I I ,2016 and shall amend the AGREEIVIENT dated the 18"day of May,2015,by and be ween McClure Engineering Company,of Cllve,lowe (herein referred to as "ENGINEER")and the City of Weukee, lowe (hereinafter referred to as "OWNER"),for the proposed Wastewater System Improvements project. It is the intent of the OWNER to revise the previous AGREENIENT to include fees for Construction Administration Record Drawin s and Other Meetin s for the Bluestem Lift Station ¹14 Improvements Project. This AMENDMENT authorizes the ENGINEER and establishes fees for the phases stated above. The Project Scope and Estimated Cost are based on the contract awarded by the City Council on March 17,2016.Bid Tabulation is included in Exhibit 'B'. Attachment 3 Schedule of Fees: Bluestem Lift Station ¹14 Improvements H D.Construction Administration ...„.„... E.Construction Staking ......................,. F.Resident Project Representative,..., H J.Record Drawings..........,......,....,....... H O.Other Meetings.. LS —Lump Sum Ts M —Time and Material NTE —Not to Exceed NIC —Not Included .....T8 M (NTE) .....LS .......T&M .......LS T&M $34 900 00 3 Nl C $NIC $2 600.00 $TBD The revised Hourly Rate Schedule is included in Exhibit 'A'and attached to this AMENDMENT to be used for work performed on a Time and Material basis. Payment to the ENGINEER shall be made on a monthly basis,within 30 days of invoice for work completed to date.Past due amounts owed shall accrue interest at L5%per month from the 30e day.If the OWNER fails to make monthly payments due the ENGINEER,the ENGINEER may,after giving (7) days written notice to the OWNER,suspend services under this AMENDIVIENT, This AIVIENDIVIENT is subject to all the Terms and Conditions attached to the previous AGREEMENT dated the 18w of May,2015. This AMENDMENT represents the entire and integrated ANIENDMENT between the OWNER and the ENGINEER and supersedes all prior negotiations,representations,either written or oral.This AMENDMENT may be amended only by written instrument signed by both the OWNER and the ENGINEER. Exhibit 'A'Houri Rate Schedule Exhibits Included Not Included Exhibit 'B' Exhibit 'C' Exhibit 'D' Prelimina Pro'ect Sco e Owner's Res onsibilities Duties,Res onsibllities and Limitations of Authont of the Resident Pro'ect Re resentative SPECIAL INSTRUCTIONS.' IN WITNESS WHEREOF,the parties hereto have made and executed this AMENDMENT as of the day and year first above written. OWNER:CITY OF WAUKEE,IOWA ENGINEER:MCCLURE EN OLIVE,IOWA ING COMPANY By; ilham F.Peard By: Daric .Anderson,P.E. Title:Ma or Title:Water Team Leader MCCLURE ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS complete his Work. INFORMATION PROVIDED BY OTHERS:The Engineer shell be enbtled to rely upon lhe accuracy and completeness of dale provided by the Owner and shall not assume liability Ior such data.The Engineer does not practice law, insurance or frnancing,therefore,the Owner shall furnish ag legal,accounting and rnsurance counseling services as may be necessary to protect themsefves al any time during the project owner shall hold Eagineer harmless from damages that may ense as a result of inaccurawes of Info/matron or data supplied by Owner or others to Engineer. ADDITIONAL SERVICES:As an Additional Service in connection with changes in Ihe scope of Ihe Engineer'4 work by the Owner,the Engineer shall prepare Drawings,Specifications and other documentation arid data,evaluate Contractor's proposal and provide any other services made necessary by such Change Orders and Construction Change Directivea The Engineer wig be erniqed to additional compensation to coordinate such changes and schedules shall be adiusted accordingly NERSHIP AND E D CUMENTS/Ag reports,plans,specificaticns, field data and other documents wntten and/or electronic,prepared by Engineer in doing work on the project,shall remain the property of the Engineer.The documents prepared by ihe Engrneer for thrs Pro/ect are for use solely with respect to this project The Engineer'6 Drawings,Specifications or other documents shall not be used by the Owner on other projects or for additions to Ihis Proiect,excepl by agreement in wnting and with appropnate con/pen sation to ihe Engineer. OPINI S F PROBABLE COST:Itis recognized that neither the Engineer nor the Owner has control over the cost of labor,matenals or equipment,over the Contractor's methods of determining bid prices,or over competitrve bidding, market or negotiating conditions Accordingly,the Engineer cannot and does nol warrant or represent that brds or negotiated prices will not vary from any estimate of costs or evalualion prepared or agreed to by the Engineer. ~DI PIITE ILEELL~TI N:Claims,dwpules or other matters,involving a value fess than $200,000.00,in question between the part/as to this Agreement arisirlg out of or relatirlg lo this Agreement or breach thereof shall be subject to mediation unless each of the parties mutually agrees otherwise.No mediation ansing out of or relating to this Agreement shalt indude,by consotidation,joinder or in any other manner,an addrtional person or entity not a party lo this Agreement,except by wntten consent contaming a specific reference lo Ibis Agreement signed by the Owner,Engineer,and any other person or entity sought lo be joined.In no event sha5 the demand for mediaaon be made after the date when the institution of legal or equitable proceedings based upon such claim would be barred by the applicable statute of limitations.The award rendered ln the mediation shall bs non-binding. TEfEMINATION;This Agreement may be terminated by either party upon nol less than seven days writterl notice should Ihe other party fail substantially to perform in accordance with the terms of the Agreement through no fault of the party initialing tha termination.This Agreement may be terminated by the Owner upon not less than seven days'written notice to the Engineer ln the event the project is permanentty abandoned. Failure of Iha Owner to make payments to the Engineer in accordance with Ihe Agreement shall be considered substantial ncn-performance and cause for term/nation.If the Owner fails to make payment when due fhe Engineer for servwes,the Engineer may,upon seven days'wngen noses to the Owner, suspend performance of services under this Agreement Unless paymenl in full is received by the Engineer within seven days of the dale oi the notice,the suspensron shall take eltect without further noses In the event of a suspension of services,the Engineer shall have nc liability to the Owner for delay or damage caused the Owner because of such suspension of services. UNDERGROUND UTILITIES:Information for location ol'underground ublilies may come from the Owner,third parties,and/or research performed by the Engineer or its subcontractors Unfortunately,Ihe information the Engineer must rely on from venous ublrties and other records may be inaccurate or incomplete Therefore,the Owner agrees to indemnify and hold harmless the Engineer for eg claims,losses.costs and damages arisrng oui of the location of underground uiiities prov/dad by the Engineer under this Agreemenl SHOp DRAwING REvlEw:if,as pan of this Agreement Engineer reviews Contractor submittais,such as shop dravnngs,product data,samples and other data,as required by Engineer,these reviews and approvals shag be only for the limrtad purpose of checking (or conformance wrlh the design concept and the information expressed In the coniract documents This review shall not include review of the accuracy or completeness of details,such as quantities, dimenwons,weights or gauges,fabrication processes,canstruction means or methods,coordination of the work with other trades or construction safety precautions,a5 of which are the sole responsibility of the Contractor Engineer shall not be responsrble for any deviations from the contract documents not brought to the ahenlion of Engineer in writing by the contractor Engineer shall not be required to review partial submissrons or those for which submissions of correlated items have not been received CONSTRUC ION OB ERVATI Nt lf,as part of this Agreement,Engineer is providing construction observation services,Engineer shalt visit the project et appropnate intervals d wing construction to become generally familiar with the progress and quality of the Contractor's work and Io determine if ths work is proceeding in general accordance with the Contract Documents.Unless otherwise speciTied in this Agreement,the Owner has not retained ihe Engineer to make detailed inspections or to provide exhaustive or continuous proiect review and observation services.Engineer does not guarantee the performance of,and shag have no responsrbilily for,the acts or omissions of any contractor, subcontractor,supplier or any other entity furnishing materials or pedorming any work on tne proiect HAZARDOUS MATERIALS —INDEMNIFICATION:The Engineer is not in the business of making environmental site assessmanis for purposes of determining the presence of any toxic,hazardous or other environmental damaging substances The purpose of this provision 0 to be certain that the Owner is aware of the potential lie bikty if toxic,hazardous or environmental damaging substances are found on or under the property Engineer makes no representations regardtng an environmental site assessment,relies upon Owner to have fully investigated the need and/or scope of such assessment and assumes no res ponsibihly for the determinaticn to make an envrronmental sile assessment on ihe sub/ect properly. ~PA IEE 7:Amounts unpaid 30 days alter invoice date shall bear interest from the date paymenl is dua at a rate of 1,5%per month compounded and shall rnclude costs for attorney fees and other collection fees related to collecting fees for service. LIMITATION OF LIABILITY;The Engineeds liability shall be limited to $1,000,000 00 or as spewficaiiy agreed to by separate agreement. WAIVERS:The Owner and the Engineer waive ag rights against each other and against the contractors,consultants,agents and employees of the other for damages,but only to the extent covered by property insurance du/ing construckon.The Owner and Engineer each shall require similar waivers from their contractors,consultants and agents. ASSIGNMENT:The Owner and Engineer,respecuvely,bind themselves,their partners,successors,assigns and legal representaives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such other party with respect to ag covenants of this Agreement.Neither Owner ncr Eng /neer shall assign this Agreemenl without ihe wnlten consent of the other In the event of termination not the fault of the Engineer,Ihe Engineer shall be compensated for services performed prior to termination and ag termination expenses.Termination expenses are in addrtion to compensation for Basic snd Addiliona/Servrces,and include expenses which are directly attribulabte lo termination. CONTRACTOR MA7TERS;The Engineer has no contral over the Contractor's means,methods,schedule,costs,quality control,workmanship,on-site storm water runoff/erosion control,or project safety measures.For this reason,the Engineer shall not be responsible for or assume liability for the same GOVERNING LAW:Unless otherwise provided,the Agreement shall be governed by the law of the pnncipsl place ot business of Ihe Engirleer. COMPLETE AGREEMENT:This Agreement represents the enure and integrated agreement between the Owner and Engineer and supersedes ag pnor negotiations,representations or agreements,either wntten or oral.This Agreement may be amended only by wntten instrument signed by boih Owner and Engineer.Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Ihe Owner or Engineer. Effectrve 11/01/06 (Supersedes 2/15/05) N;\PROJECTSIWAK 221402/ICLERIADMINIAGREEMENTIAMENDMENT NO IiWAUKEE SLUESTEM-AMENDMENTI NO RPR.DOCK 4/22/2016/9'46 47 AM III Iver C L U R E EXHIBIT 'A' McCLURE ENGINEERING COMPANY HOURLY RATE SCHEDULE (Effective through December 31,2016) PERSONNEL HOURLY RATE Administrative. Staff Engineer... Project Engineer Senior Project Engineer Project Manager .. Principal.. Senior Principal .. Senior Engineering Technician.. Engineering Technician (ET). Registered Land Surveyor... Landscape Architect.. On-Site Representative (OSR)... Senior On-Site Representative (OSR) Crew Chief (CC)...,........ Crew Member (CM).. Survey Crew... Survey Crew with Scanner.. Intern Crew Member. ,...$65.00 ......$100,00 .....$125.00 .......$175.00 .......$155.00 ......$200.00 .......$225.00 ......$120.00 ,....$90.00 ...,..$155.00 ........$120.00 .........$85.00 .....$120.00 .........$90.00 ........$75.00 ...,....$200.00 ........$260.00 .....$60.00 MISCELLANEOUS EXPENSES Survey Vehicle Mileage. Automobile Mileage Plans ... Vellums...... Out-of-Pocket Expenses (Meals,Hotels,etc.)....... Large Format Color Prints.. $0 70/Mile ........$0.540/M il e ........$0.15/Sq.Ft. ........$0.55/Sq.Ft. .......At Cost+10% .....,.....$5.25/Sq,Ft IllH- McCLURE' M.QMccture DnvetAccounttngrruourty Rate Scheduietuouriy Rate Schedule -Through Dec.31,2016.doc EXHIBIT 'B' PRELIMINARY PROJECT SCOPE The Engineer shall conduct the following services marked "Included",for approval by the Owner. Item D.Construction Administration 1.Provide general administration of construcbon contract as OWNER'6 representative. 2.Visit sile of construction at appropriate stages of construction to observe the Contractors work 3.Issue interpretafions and clarifications of contract documents. 4.Review shop drawings. 5.Act as Initial interpreter of the requirements of the contract documents. 6.Review and process Contractors application for paymenl. 7.Attend Construction Progress Meetings. Included Not Included 00000 1.Estabksh Field Controls 2.Stake Construction Control Points 00 F.Resident Pro ect Re resentative 1.Provide a Resident Project Representative to be on sile dunng construction (see Exhibit 'D",A Listing of Duties,Responsibifities and Limitations of Authority of the Resident Pro)act Representative). 1.As-Built Record Drawings (2 Hard Copies &1 Electronic Copy Included) 2.Additional Hard Copies -1 EA@$100.00 3.Additional Electronic Copies -1 EA IE $25.00 000 1.Special meetings with Owner/Staff 2.Public informational Meetings 3.Regulatory Agencies 000 8-1 NnPROJECTstWAK 2214027LCLERNDM/NIAGREEMENT'iAMENOMENT NO 1LWAUKEE BLUEBTEM-AMENDMIENTi NO RPR DOCX 4/22/201S/9'4S 47 AM Ill~~- /vtcCLURE MccltME ENGINEERING camPANT IECUNVJ I'I'hr 1 5 A Cl tA JM25 515 ann 222o .ieoE 4/Cuket+CQ L M,„„„,„„,„„.„„„„,,w whtn52252 Wn .51527272M lETTINO DATE 0 TIME;Feb ry 29,2014 2500 lETTING LOCATIONEWa k e City HaE,Wa ke, I'f EM CERTIFIED CHECK OR BID BOND ~ION tY r Nt Acknowl dg Add d I (Y o No) DESCRIPf ION SION UNIT PRICE EXTENSION Uh5t ho,ValwV h dSo it GUEEITP I 8 Co I fB iid dC ntroh Snwdb G lo ondA I moacT nforlwilch 4 0th UIRI yl I S Svd R I ria 5 C ti HAM TOTAL PROJECT LUMP SUM 810 PRICE Sdklt tat.phd I I tedC holSutlctn andC OdAlte ale2.1 IGr d 0 SidAII n I 3 ~R LSR IG d 8 SECTION 26 30 10 Sl db P «Sytm Cum ShtmreM u%%dct /5 p5' t E dp'Adfutlm ntf ort DEECRIPIIO CE MFO/SUPPUER 0 43 25 13 5 b itl NonClo Pu p SH dm AO 6 4 W/SpPF I n EMPI AClunmantf+ Fly I IEEAI I!UFT STATiON VALVE VAULT,AND SANITART UTI 1.08 1.13 1.14 BIN PVCSo ito 5 v TenchW SINPVCS il 0 Se~,T»hl 64NPVCFo Mwn,l h d 61 PVCFo~M i,T lb c ITEM 32 STANDBY GENERATOR AND AUTOMATIC TRAN5FER 302 R Sit h lo Sl li no I ill IW IGwbwE E ITEM ct OTHER IHIUEY PIPING 0 SURFACE RESTORATION 4.03 4.06 4.07 4.15 4.16 4.22 4 23 4 24 4.25 4.26 4.28 4.29 4.30 12.IM ECP Stw 5,Tr~hed WI Se icePipihw ISINDio el C 0hwfPol Water Sowice I"pi -I 54NDtamelor C r TCC 8 Trt W I Sw ice Pi I ~I MIND'm C p Tubin,tn FCC P wt -SIN TNE tkmov I PCC P ent ~5 fN Trail Ci a I dG bbin Swl R tw h G Ci Sod din T Repfa Sh tR Icosi 0 honed UliliEer,P U hamdUEIWN.P ndkulo ITEM 71 SID AL'TERNATE 2 ~FIHAL GRADING ONLY 703 UAo 5 eCI 7.thl QE Fon ITEM Bt SID ALTERNATE 3.ROUGH 0 FINAl GRADING 8.03 UC nH doSeaR 8.04 5th Fane 'Cw tmdUitP Em rio (UMIPi G n p 5 GWA'AND WAS PREPARED UNDER MY DIRECI cuwtth J hAMPMAM NwmhrnwnhthWMymhVC VW .WdrrMAWJn.edtmmmWJCM 272eyÃte