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Home My WebLink About2016-05-02-J08 Bluestem Lift Station 14 Eng Agr AmendmentNO Waukee I ■�► THE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 2, 2016 AGENDA ITEM: Consideration of approval of a resolution approving Amendment No. 1 to the Agreement for Engineering Services [Bluestem Lift Station No. 14 Improvement Project] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The original Bluestem Lift Station engineering agreement was for design and bidding. The Amendment No. l is for the construction administration and resident proje4et Representative. FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: $2,600 for record drawings. COMMISSION/BOARDICOMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: Not to exceed $34,900 and THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR ENGINEERING SERVICES WITH MCCLURE ENGINEERING COMPANY [BLUESTEM LIFT STATION NO. 14 IMPROVEMENT 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, 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 #15-156); 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"d day of May, 2016. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson William F. Peard, Mayor AYE NAY ABSENT ABSTAIN AMENDMENT NO. 1 TO THE AGREEMENT FOR ENGINEERING SERVICES WASTEWATER SYSTEM IMPROVEMENTS WAUKEE BLUESTEM LIFT STATION #14 IMPROVEMENTS WAUKEE. IOWA THIS AMENDMENT is made this day of 2016 and shall amend the AGREEMENT dated the 181h day of May, 2015, by and between McClure Engineering Company, of Clive, Iowa (herein referred to as "ENGINEER") and the City of Waukee, Iowa (hereinafter referred to as "OWNER"), for the proposed Wastewater System Improvements project. It is the intent of the OWNER to revise the previous AGREEMENT to include fees for Construction Administration, Record Drawings and Other Meetings for the Bluestem Lift Station #14 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 #14 Improvements ® D. Construction Administration ................................. T&M (NTE) $ 34,900.00 ❑ E. Construction Staking ............................................ LS $ NIC ❑ F. Resident Project Representative ......................... T&M $ NIC ® J. Record Drawings .................................................. LS $ 2,600.00 ® O. Other Meetings.....................................................T&M $ TBD LS — Lump Sum T&M — Time and Material NTE — Not to Exceed NIC — Not Included 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 1.5% per month from the 30`h 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 AMENDMENT. This AMENDMENT is subject to all the Terms and Conditions attached to the previous AGREEMENT dated the 18'h of May, 2015. This AMENDMENT represents the entire and integrated AMENDMENT 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. Exhibits Included Not Included Exhibit'A' Hour" Rate Schedule ® ❑ Exhibit'B' Prelimina Pro'ect Scope ® ❑ Exhibit'C' Owner's Responsibilities ❑ Exhibit'D' Duties, Responsibilities and Limitations of Authority of the Resident Project Representative ❑ 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 ENGINEERING COMPANY CLIVE, IOWA By: By, William F. Peard Derick A. Anderson, P.E. Title: Mayor Title: Water Team Leader McCLURE ENGINEERING COMPANY STANDARD TERMS AND CONDITIONS ACCESS TO SITE: The Engineer shall at all times have access to the site to complete his Work. INFORMATION PROVIDED BY OTHERS: The Engineer shall be entitled to rely upon the accuracy and completeness of data provided by the Owner and shall not assume liability for such data. The Engineer does not practice law, insurance or financing, therefore, the Owner shall furnish all legal, accounting and insurance counseling services as may be necessary to protect themselves at any time during the Project. Owner shall hold Engineer harmless from damages that may arise as a result of inaccuracies of information or data supplied by Owner or others to Engineer. ADDITIONAL SERVICES: As an Additional Service in connection with changes in the scope of the Engineer's work by the Owner, the Engineer shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposal and provide any other services made necessary by such Change Orders and Construction Change Directives. The Engineer will be entitled to additional compensation to coordinate such changes and schedules shall be adjusted accordingly. OWNERSHIP AND REUSE OF DOCUMENTS: All reports, plans, specifications, field data and other documents written and/or electronic, prepared by Engineer in doing work on the project, shall remain the property of the Engineer. The documents prepared by the Engineer for this Project are for use solely with respect to this Project. The Engineer's Drawings, Specifications or other documents shall not be used by the Owner on other projects or for additions to this Project, except by agreement in writing and with appropriate compensation to the Engineer. OPINIONS OF PROBABLE COSTS: It is recognized that neitherthe Engineer nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of costs or evaluation prepared or agreed to by the Engineer. DISPUTE RESOLUTION: Claims, disputes or other matters, involving a value less than $200,000.00, in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to mediation unless each of the parties mutually agrees otherwise. No mediation arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Engineer, and any other person or entity sought to be joined. In no event shall the demand for mediation be made after the dale when the institution of legal or equitable proceedings based upon such claim would be barred by the applicable statute of limitations. The award rendered in the mediation shall be non -binding. TERMINATION: This Agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform in accordance with the terms of the Agreement through no fault of the party initiating the termination. This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Engineer in the event the Project is permanently abandoned. Failure of the Owner to make payments to the Engineer in accordance with the Agreement shall be considered substantial non-performance and cause for termination. If the Owner fails to make payment when due the Engineer for services, the Engineer may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Engineer within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Engineer shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. In the event of termination not the fault of the Engineer, the Engineer shall be compensated for services performed prior to termination and all termination expenses. Termination expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. CONTRACTOR MATTERS: The Engineer has no control over the Contractor's means, methods, schedule, costs, quality control, workmanship, on -site stonn water mnolVerosion control, or project safety measures. For this reason, the Engineer shall not be responsible for or assume liability for the same. UNDERGROUND UTILITIES: Information for location of underground utilities may come from the Owner, third parties, and/or research performed by the Engineer or its subcontractors. Unfortunately, the information the Engineer must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the Owner agrees to indemnify and hold harmless the Engineer for all claims, losses, costs and damages arising out of the location of underground utilities provided by the Engineer under this Agreement. SHOP DRAWING REVIEW: If, as part of this Agreement Engineer reviews Contractor submittals, such as shop drawings, product data, samples and other data, as required by Engineer, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of Engineer in writing by the contractor. Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. CONSTRUCTION OBSERVATION: If, as part of this Agreement, Engineer is providing construction observation services, Engineer shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the Contractors work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in this Agreement, the Owner has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. Engineer does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. HAZARDOUS MATERIALS — INDEMNIFICATION: The Engineer is not in the business of making environmental site assessments for purposes of determining the presence of any toxic, hazardous or other environmental damaging substances. The purpose of this provision is to be certain that the Owner is aware of the potential liability if toxic, hazardous or environmental damaging substances are found on or under the property. Engineer makes no representations regarding an environmental site assessment, relies upon Owner to have fully investigated the need and/or scope of such assessment and assumes no responsibility for the determination to make an environmental site assessment on the subject property. PAYMENT: Amounts unpaid 30 days after invoice date shall bear interest from the date payment is due at a rate of 1.5% per month compounded and shall include costs for attorney fees and other collection fees related to collecting fees for service. LIMITATION OF LIABILITY: The Engineer's liability shall be limited to $1,000,000.00 or as specifically agreed to by separate agreement. WAIVERS: The Owner and the Engineer waive all 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 during construction. The Owner and Engineer each shall require similar waivers from their contractors, consultants and agents. ASSIGNMENT: The Owner and Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Engineer shall assign this Agreement without the written consent of the other. GOVERNING LAW: Unless otherwise provided, the Agreement shall be governed by the law of the principal place of business of the Engineer. COMPLETE AGREEMENT: This Agreement represents the entire and integrated agreement between the Owner and Engineer and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both 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 the Owner or Engineer. Effective 11/01/08 (Supersedes 2/15/05) N:\PROJECTS\WAK2214027\CLERWDMINWGREEMENT\AMENDMENT NO 1\WAUKEE BLUESTEM-AMENDMENTI NO RPR.DOCX 4/22/2016/9:46:47 AM — '1100^ McCLURE` EXHIBIT 'A' McCLURE ENGINEERING COMPANY HOURLY RATE SCHEDULE (Effective through December 31, 2016) PERSONNEL HOURLY RATE Administrative............................................................::............................................................................. $65.00 StaffEngineer..........................................................................................................................................$100.00 ProjectEngineer.....................................................................................................................................$125.00 SeniorProject Engineer......................................................................................................................$175.00 ProjectManager....................................................................................................................................$155.00 Principal..................................................................................................................................................... $200.00 SeniorPrincipal......................................................................................................................................$225.00 Senior Engineering Technician .................... ,........................................................................ $120.00 EngineeringTechnician(ET)................................................................................................................ $90.00 RegisteredLand Surveyor..................................................................................................................$155.00 LandscapeArchitect...............................................................................................................$120.00 On -Site Representative(OSR)............................................................................................................ $85.00 Senior On -Site Representative(OSR)............................................................................................$120.00 CrewChief(CC)............................................................_.......................................................................... $90.00 CrewMember(CM)................................................................................................................................ $75.00 SurveyCrew.............................................................................................................................$200.00 SurveyCrew with Scanner.....................................................................................................$260.00 InternCrew Member................................................................................................................$60.00 MISCELLANEOUS EXPENSES SurveyVehicle Mileage................................................................................................................. $0.70/Mile AutomobileMileage....................................................................................................................$0.540/Mile Plans.................................................................................................................................................$0.15/Sq. Ft. Vellums.................... ....... .............................................. .......... .......................................................... $0.55/Sq. Ft. Out -of -Pocket Expenses (Meals, Hotels, etc.)...............................................................At Cost + 10% Large Format Color Prints ............................................... ........... ........... ..................................... $5.25/Sq. Ft (11i^ McCLURE' M:\-McClure Drive\Hccounting\Hourly Rate Schedule\Hourly 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 Included Not Included D. Construction Administration 1. Provide general administration of construction contract as OWNER'S ® ❑ representative. 2. Visit site of construction at appropriate stages of construction to observe the ® ❑ Contractors work. 3. Issue interpretations and clarifications of contract documents. ® ❑ 4. Review shop drawings. ® ❑ 5. Act as initial interpreter of the requirements of the contract documents. ® ❑ 5. Review and process Contractor's application for payment. ® ❑ 7. Attend Construction Progress Meetings. ® ❑ E. Construction Staking 1. Establish Field Controls ❑ 2. Stake Construction Control Points ❑ F. Resident Project Representative 1. Provide a Resident Project Representative to be on site during construction ❑ (see Exhibit'D", A Listing of Duties, Responsibilities and Limitations of Authority of the Resident Project Representative). J. Record Drawinas 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 @ 2$5.00 ® ❑ O. Other Meetlnas 1. Special meetings with Owner/Staff ® ❑ 2. Public Informational Meetings ® ❑ 3. 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