HomeMy WebLinkAbout2016-05-16-J01K N Little Walnut Creek Improvements_Eng Agr►, � Waukee
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AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 16, 2016
AGENDA ITEM: Consideration of approval of an Agreement for Professional Consulting
Services with Bolton & Menk, Inc. [North Little Walnut Creek
Improvements]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City Council approved Bolton & Menk's proposal for
North Little Walnut Creek preliminary design and road analysis Consulting
Services on May 2nd. This Contract is a result of that approval.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS:
COMMISSIONBOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: 1. Proposed Resolution
IL Agreement
PREPARED BY: Beth Richardson
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
WITH BOLTON & MENK, INC. [NORTH LITTLE WALNUT CREEK
IMPROVEMENTS]
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 2, 2016, the Waukee City Council approved a proposal from Bolton &
Menk, Inc., related to preliminary design services for N. Little Walnut Creek Improvements
(Resolution #16-160); AND,
WHEREAS, Bolton & Menk, Inc., has since provided the City with an Agreement for
Professional Consulting Services related to project development and preliminary design for the
N. Little Walnut Creek Improvements; AND,
WHEREAS, the engineering services agreement, 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
Agreement for Professional Consulting Services with Bolton & Menk, Inc. [North Little Walnut
Creek Improvements] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 161h day of May,
2016.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
North Little Walnut Creek Improvements
City Project No.
This Agreement is made and entered into this day of May, 2016, by and between City of
Waukee, a municipal corporation, hereinafter referred to as "City," and Bolton & Menk, Inc.,
(Fed. ID 441-0832249). a 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.
Basic Services of the Consultant
A. Project Development $8,900
B. Preliminary Design $11,300
Total $22,700
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
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, in the limit of $1,000,000 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.
E. Failure of Consultant to maintain any of the insurance coverages set forth above shall
constitute a material breach of this Agreement.
5. NOTICE
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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: Bolton & Menk. Inc.
Attn: John Gibson Attn: Matthew Ferrier, P.E.
Title: Director of Public Works Title: Des Moines Office Manager
Address: 230 W. Hickman Road Address: 1301 Locust St. Suite E
City, State: Waukee, IA 50263 City, State: Des Moines, IA 50309
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.
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
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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 finding 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.
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
M
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 terns 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, riles 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
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.
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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 tern 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
cause any sub -consultant or subcontractor to execute and deliver to the City certificates as
required to permit the City to make application for refunds of said sales and use taxes as
applicable. The City is a municipal corporation and not subject to state and local tax, use tax,
or federal excise taxes.
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20. SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a court of competent
jurisdiction, the remaining portions of this Agreement shall continue in full force and effect.
21. MISCELLANEOUS HEADINGS
Title to articles, paragraphs, and subparagraphs are for information purposes only and shall
not be considered a substantive part of this Agreement.
22. FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments and documents
and to take all such other action as the other party may reasonably request from time to time
in order to effect the provisions and purposes of this Agreement.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall
constitute an original document, no other counterpart needing to be produced, and all of
which when taken together shall constitute the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers or agents on the day and year first above written.
CONSULTANT
By: _
Name: Matthew Ferrier, P.E.
Title: Des Moines Office Manager
CITY OF WAUKEE
William F. Peard, Mayor
ATTACHMENT]
SCOPE OF SERVICES
CONSULTANT'S SERVICES
LITTLE WALNUT CREEK DRIVE IMPROVEMENTS
WAUKEE, IOWA
DESCRIPTION OF PROJECT AND SCOPE OF IMPROVEMENTS
The Consultant agrees to provide professional services required for the design of Little Walnut Creek
Drive roadway improvements from Warrior Lane to the end of the street within the City of Waukee. The
project will entail design of roadway alignments, grading, pavement, and drainage facilities.
I.A. BASIC SERVICES
For purposes of this Project, Basic Services to be provided by the CONSULTANT are as follows:
TASK 1: PROJECT DEVELOPMENT
Subtask LI: Kickoff Meeting
Description: The consultant will facilitate a Kick -Off Meeting with City staff to accomplish the
following:
• Review and confirm the scope and nature of the proposed improvements
• Review any special issues regarding the project
• Conduct a field review of project area by project team members and City staff
Deliverables:
• Minutes of Kick -Off Meeting
Subtask 1.2: Field Data Collection
Description: This task will include collecting and reviewing field data and measurements from
topographic survey and research as needed to provide an adequate basis for design of the project corridor.
The preliminary field data will be supplemented with other available information such as aerial photos
and mapping, utility maps, as -built drawings, reports and studies, etc. This subtask will also include photo
record of the project areas.
Deliverables:
• Copies of photo records of project area
• Survey field data to be included in project file submittal
Subtask 1.3: Geotechnical Investigation
Description: Coordinate geotechnical investigations to determine existing soil conditions. This task will
include a site conditions review and analysis by the Engineer. Based on the review and information
gathered from the geotechnical investigation, a pavement and subbase section will be recommended.
Deliverables:
• Geotechnical Report and proposed pavement section
TASK 2: PRELIMINARY DESIGN
Subtask 2.1: Preliminary Design
Description: Complete preliminary plans. Major design components to include the following:
• Horizontal alignment and plan view layout of all surface improvements: street centerline, curb
lines, driveways, and other improvements
• Centerline vertical alignments and profiles as required for design
• Intersection layout with pavement elevations
• Cross -sections at 50-foot intervals, driveways, and critical design locations as required for design
• Construction limits
• Communications with all franchise utilities to discuss replacement and/or relocation (including
gas, telephone, cable TV, etc.)
• Hydraulic design
• Analysis of urban road cross-section and rural roadway cross-section
• Opinion of Probable Cost (OPC) of construction based on the preliminary design for both urban
road cross-section and rural road cross-section
Preliminary design and plans will conform to the requirements of the City, SUDAS, and other appropriate
specification requirements.
Deliverables:
Preliminary Design Plans (PDF format and Hard Copy)
OPC of construction of the preliminary design
Subtask 2.1: Coordination Meetings
Description: The Consultant will schedule coordination meetings with the City throughout the design
phase. The purpose will be to review project status, discuss coordination and design issues, and review
project schedule and budget.
Deliverables:
• Minutes of Meetings
Subtask 2.2: Plan Review Meeting
Description: After delivering the preliminary design package for the City of Waukee review, Consultant
will coordinate a review meeting with City staff to review the City's comments. After preliminary design
review, meeting minutes will be issued noting the City's design review comments that will be
incorporated into the final design drawings. No revisions to the preliminary design package will be made.
Deliverables:
• Preliminary Design Plan Review Meeting Minutes
I.B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section LA shall be considered not part
of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services
consist of those services that are not generally considered to be Basic Services; or exceed the
requirements of the Basic Services; or are not definable prior to the bidding of the project; or vary
depending on the technique, procedures or schedule of the project contractor.
ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as follows:
1. Basic Services of the Consultant
A. Project Development — May 2016
B. Preliminary Design — June 2016
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ATTACHMENT
SCHEDULE OF FEES
2016 Schedule of Fees
The following Fee Schedule is
based upon competent, responsible
professional services and is the
minimum, below which adequate
professional standards cannot be
maintained. It is, therefore, to the
advantage of both the Professional
and the Client that fees be
commensurate with the service
rendered. Charges are based on hours
spent at hourly rates in effect for the
individuals performing the work.
The hourly rates for Principals and
members of the staff vary according
to skill and experience. The current
specific billing rate for any individual
can be provided upon request.
The Fee Schedule shall apply for
the period through December 31,
2016. These rates may be adjusted
annually thereafter to account for
changed labor costs, inflation, or
changed overhead conditions.
These rates include labor, general
business and other normal and
customary expenses associated with
operating a professional business.
Unless otherwise agreed, the above
rates include vehicle and personal
expenses, mileage, telephone, survey
stakes and routine expendable
supplies; and no separate charges
will be made for these activities
and materials. Expenses beyond
the agreed scope of services and
non -routine expenses, such as large
quantities of prints, extra report copies,
outsourced graphics and photographic
reproductions, document recording
fees, outside professional and
technical assistance and other items of
this general nature, will be invoiced
separately. Rates and charges do not
include sales tax, if applicable.
Sr. Principal Engineer/Surveyor $176-240/Hour
Sr. Project Manager - Principal EngineedSurveyodGIS/LA $127-180
Senior Transportation/Aviation Planner $125-175
Project Manager (Inc. Landscape Architect and GIS) $106-170
Project/Design EngineedPlanner/Landscape Architect $52-170
Licensed Surveyor [Inc. Lic. Project Surveyor or Manager) $94-165
Project Surveyor $82-130
Specialist (Nat. Resources; GIS; Traffic; Graphics; Otherl $47-140
Senior Technician (Inc. Survey') $72-165
Technician (Inc. Survey') $33-140
Administrative Support & Clerical $29-110
Structural/ElectricaIMechanica[Architect $120-215
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Submitted by Bolton & Men A, Inc.