HomeMy WebLinkAbout2021-01-18-I01M Agrmt for Professional Services_V&K_Transite Water Main Phase 2AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: January 18, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Agreement for
Professional Consulting Services with Veenstra & Kimm, Inc. [Transite Water
Main Replacement Phase 2 Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The project consists of replacement of transite pipe water
main in Original Waukee including all connections, valves, service connections, fire hydrants and
miscellaneous associated work. The approximate location of the project is on Locust Street between
6th Street and 8th Street, on 8th Street between Locust Street and Cherry Street, and on Cherry Street
between 6th Street and 8th Street. This is a biennial recurring project apart of the currently approved
Capital Improvement Plan with a total project budget of $450,000.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant
the following sum Not-to-Exceed, including any authorized reimbursable expenses, pursuant to the
Schedule of Fees set forth in Attachment 3 of the agreement.
I.Basic Services of the Consultant
a.Design $27,000.00
b.Construction Services $13,5000.00
Total: $40,500.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve Resolution and Agreement.
ATTACHMENTS: I. Resolution
II. Agreement for Professional Consulting Services
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
I1M
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
VEENSTRA & KIMM, INC. [TRANSITE WATER MAIN REPLACEMENT PHASE 2
PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City requires professional services related to design, bidding and construction
services for the Transite Water Main Replacement Phase 2 Project; AND,
WHEREAS, City staff recommends retaining the services of Veenstra & Kimm, Inc., for said
professional consulting services.
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. [Transite Water Main
Replacement Phase 2 Project] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of January, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Transite Water Main Replacement – Phase 2
City Project No. _______
This Agreement is made and entered into this ____ day of ____________, 2021, by and between
City of Waukee, a municipal corporation, hereinafter referred to as "City," and _Veenstra &
Kimm, Inc.__, (Fed. ID #_42-1137767_), an _Iowa_ 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 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 shall be approved by the authorized
City representative. The City agrees that the Consultant is not responsible for delays arising
from 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 Fees set forth in Attachment 3.
I. Basic Services of the Consultant
A. Design $ 27,000.00
B. Construction Services and Staking $ 13,500.00
C. $_________
Total $ 40,500.00
B. 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 the time of the invoice. Final payment shall be due and payable within 30
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days of the City's acceptance of Consultant's 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 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 performance of this Agreement involves the services of others or the
furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same
in full.
4. INSURANCE
A. Consultant understands 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 will
sufficiently 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 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 shall file applicable insurance
certificates with the 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 do business in the
State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or
death; $1,000,000 general aggregate 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 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 $1,000,000 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 thirty (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, with minimum limits of at least
$2,000,000 per claim and in the aggregate for claims arising out of the 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 material alteration
of the professional liability policy.
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E. Failure of Consultant to maintain any of the 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:
Name: City of Waukee Name: Veenstra & Kimm, Inc.
Attn: Rudy Koester Attn: Jordan Kappos
Title: Director of Public Works Title: Project Engineer
Address: 230 W. Hickman Road Address: 3000 Westown Parkway
City, State: Waukee, IA 50263 City, State: West Des Moines, IA 50266
6. GENERAL COMPLIANCE
In the conduct of the professional services contemplated hereunder, the Consultant shall
comply with applicable state, federal, and local law, rules, and regulations, technical
standards, or specifications issued by the City. Consultant must qualify for and 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 and
representatives are not City employees. Consultant shall be solely responsible for payment 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 purposes 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.
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9. 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 appropriate 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, handicap, 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
Agreement.
10. HOLD HARMLESS
Consultant agrees to indemnify and hold harmless the City, its officers, agents, and
employees from any and all claims, 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 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 any 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 performance of the City's obligations 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 the 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. 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 be performed if such work causes the aggregate amount
payable under the amendment, order or directive to exceed the amount appropriated 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.
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B. The Consultant and the City further acknowledge and agree that no amendment to this
Agreement or other form, order or directive which requires additional compensable work
to be performed under this Agreement shall be issued by the City unless funds are
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 law or equity, unless prior to commencing the additional work the Consultant
was given a written amendment, 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 signed 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 feasible 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 of this 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;
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 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 will 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
A. 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, and that the Consultant has not paid or agreed to pay any company or person
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other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or
contingent fee.
B. 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 the City.
18. SUSPENSION 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 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 performed 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 found 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 Agreement is terminated.
C. The City may also terminate this Agreement at any time if it is found that the Consultant
has violated any material term 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) days from notification to remedy 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 Agreement not
been terminated and work completed in accordance with contract documents.
E. The Consultant may terminate 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 Agreement. City shall have ten (10) days from notification to remedy the
conditions constituting the 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
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ATTACHMENT 1
SCOPE OF SERVICES
The work to be performed by the Consultant under this agreement shall encompass and include
detailed work, services, materials, equipment and supplies necessary to complete analysis and
design for the project.
1. SCOPE OF PROJECT. It is understood and agreed that the Project shall consist of the
following improvements:
a. Replacement of transite pipe water main in Original Waukee including all
connections, valves, service connections, fire hydrants and miscellaneous associated
work. The approximate location of the project is on Locust Street between 6th Street
and 8th Street, on 8th Street between Locust Street and Cherry Street, and on Cherry
Street between 6th Street and 8th Street.
It is further understood and agreed that the scope of the Project may be modified by
mutual agreement of the parties hereto.
2. DESIGN SURVEYS. The Engineers shall complete all topographic surveys necessary
for design of the Project and preparation of the plans and specifications.
3. DESIGN CONFERENCE. The Engineers shall attend a conference with the Owner, if
necessary, to make decisions as to the details of design of the Project.
4. PLANS AND SPECIFICATIONS. The Engineers shall prepare such detailed plans and
specifications as are reasonably necessary and desirable for construction of the Project.
The specifications shall describe, in detail, the work to be done, materials to be used and
the construction methods to be followed. Preliminary plans and specifications shall be
submitted to the Owner for review prior to completion of preparation of final plans and
specifications. Final plans and specifications shall be submitted to the Owner complete
and ready for bidding.
5. PERMITS AND LICENSES. The Engineers shall provide copies of the plans and
specifications for review by the Iowa Department of Natural Resources, and shall assist
in obtaining the necessary construction permits for the Project. Any fees for the
construction permits shall be paid by the Owner and said costs shall not be charged
against the Engineers' fees.
6. ESTIMATE OF COST. The Engineers shall prepare an estimate of cost for the
construction contract. The estimate of cost shall be based on the Engineers' best
knowledge at the time of preparation of the estimate of cost. The Engineers shall not be
responsible if the construction contract awarded for the Project varies from the Engineers'
estimate of cost. The Engineers shall advise and assist the City, if necessary, in adjusting
the scope and extent of the Project to allow the Project to be constructed within available
budget limitations.
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7. ADVERTISEMENT FOR BIDS. The Engineers shall assist in the preparation of the
notice to contractors and shall provide plans and specifications to prospective bidders.
Publication costs shall be borne by the Owner.
8. COSTS OF PLANS AND SPECIFICATIONS. The Owner shall compensate the
Engineers for the actual costs of the plans and specifications provided contractors, plan
rooms and suppliers during project bidding. The costs shall be reduced by the amount of
non-refundable plan deposits collected by the Engineers. The costs of plans shall be
separate from the fee provisions under "3. COMPENSATION".
9. ENGINEERS' NOTICE. In addition to the official publication to be published in the
newspaper by the Owner, the Engineers shall prepare an Engineers' Notice and mail it at
least three days before the publication in the newspaper. Said Engineers' Notice shall be
mailed to contractors and subcontractors, plan rooms and suppliers from listings
assembled by the Engineers from previous projects. The Owner shall have the right to
inspect the list prior to mailing and delete any names it may deem to be in its best
interest. It is understood and agreed that the Engineers' Notice is unofficial and is
provided as a special service to prospective bidders, plan rooms and suppliers. It is also
understood that the services include preparation and distribution of addenda to the
Project.
10. AWARD OF CONTRACT. The construction work included in the Project shall be bid
at no more than four lettings. The Engineers shall have a representative present when the
bids and proposals are opened and shall prepare a tabulation of bids for the Owner and
shall advise as to the responsiveness of the bidders, and assist in making the award of
contract. After the award is made, the Engineers shall prepare the necessary contract
documents. During the bidding phase, the Engineers shall advise the Owner of the
responsiveness of each proposal submitted. The Engineers shall not be responsible for
advising the Owner as to the responsibleness of any bidder.
11. GENERAL SERVICES DURING CONSTRUCTION. The Engineers shall provide
general services during construction including:
a. The Engineer shall conduct a preconstruction conference attended by representatives
of the Owner, Engineer, and contractor to discuss details of the Project.
b. Consult with and advise Owner.
c. Provide visits to the site during construction.
d. Assist contractor in interpretation of plans and specifications.
e. Review drawings and data of manufacturers.
f. Coordinate and review work of testing laboratories for compaction and concrete tests.
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g. Process and certify payment estimates of the contractor to the Owner.
h. Prepare amendments to the contract documents, as necessary, to show major changes
made during construction.
12. CONSTRUCTION STAKING. Construction staking is understood to mean the
establishment of a centerline or offset line to permit the Contractor to properly locate the
water main and all appurtenances thereto.
Construction staking is also understood to mean providing the City with as-constructed
coordinates of hydrants, bends, valves, and other appurtenances.
13. FINAL REVIEW SERVICES. The Engineers shall make a final review after
construction is complete to determine that the construction is substantially in compliance
with the plans and specifications. The Engineers shall certify to the Owner that
construction is substantially in compliance with the plans and specifications.
14. PROJECT RECORDS. After completion of construction, the Engineers shall provide
the Owner with two complete sets of plans and specifications showing the final
construction of the Project. The Engineers shall provide to the Owner, copies of relevant
reports and documentation relating to the Project.
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ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as follows:
Notice to Proceed January 19, 2021
Topographic Survey February 1, 2021
Design February 15, 2021
Construction Documents May 3, 2021
Bid Letting June 2, 2021
Construction July 2021 – May 2022
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ATTACHMENT 3
SCHEDULE OF FEES
CONSULTANT’S 2020 STANDARD HOURLY RATE SCHEDULE
VEENSTRA & KIMM, INC.
HOURLY RATES BY EMPLOYEE CLASSIFICATION
(Effective July 2020)
Management I ...............................................................................$181.00
Management II ................................................................................175.00
Process Engineer I...........................................................................199.00
Client Services I .............................................................................175.00
Client Services V .............................................................................66.00
Engineer I-A....................................................................................181.00
Engineer I-B ....................................................................................172.00
Engineer I-C ....................................................................................163.00
Engineer I-D....................................................................................156.00
Engineer II-A ..................................................................................147.00
Engineer II-B ..................................................................................138.00
Engineer III-A .................................................................................130.00
Engineer III-B .................................................................................124.00
Engineer III-C .................................................................................121.00
Engineer IV .....................................................................................117.00
Engineer V ......................................................................................109.00
Engineer VI .....................................................................................102.00
Engineer VII......................................................................................98.00
Engineer VIII ....................................................................................95.00
Engineer IX .......................................................................................88.00
Engineer X ........................................................................................78.00
Engineer XI .......................................................................................72.00
Engineer XII......................................................................................63.00
Design Technician I ........................................................................104.00
Design Technician II .........................................................................92.00
Architect ..........................................................................................110.00
Planner I ..........................................................................................113.00
Planner II ...........................................................................................75.00
Planner III .........................................................................................69.00
Drafter IA ........................................................................................103.00
Drafter IB ..........................................................................................96.00
Drafter II ...........................................................................................90.00
Drafter III ..........................................................................................84.00
Drafter IV ..........................................................................................75.00
Drafter V ...........................................................................................65.00
Drafter VI ..........................................................................................60.00
Drafter VII ........................................................................................47.00
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Clerical I............................................................................................93.00
Clerical II ..........................................................................................66.00
Clerical III .........................................................................................57.00
Clerical IV .........................................................................................50.00
Clerical V ..........................................................................................42.00
Construction Manager .....................................................................175.00
Surveyor I........................................................................................123.00
Surveyor II ......................................................................................105.00
Technician I ......................................................................................90.00
Technician II .....................................................................................83.00
Technician III ....................................................................................76.00
Technician IV....................................................................................74.00
Technician V .....................................................................................67.00
Technician VI....................................................................................62.00
Technician VII ..................................................................................51.00
Technician VIII .................................................................................45.00
Technician IX....................................................................................37.00
Building Inspector I ........................................................................172.00
Building Inspector I-A ....................................................................115.00
Building Inspector II .........................................................................90.00
Building Inspector III ........................................................................68.00
Robotics ............................................................................................30.00/Hour
GPS ...................................................................................................30.00/Hour
Leica Total Station ............................................................................20.00/Hour
Total Station Robotics.......................................................................15.00/Hour
Tablet ................................................................................................45.00/Hour
Fluoroscope .......................................................................................50.00/Hour
4-Wheeler ..........................................................................................45.00/Hour
Drone.................................................................................................75.00/Hour
Mileage .............................................................................................. IRS Rate
REIMBURSABLE EXPENSES
1. All materials and supplies used in the performance 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.__ 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.