HomeMy WebLinkAbout2021-10-18-I01M Professional Services Agreement_Annexation Services AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 18, 2021
AGENDA ITEM: Consideration of approval of resolution approving Agreement for Professional
Consulting Services with McClure [Annexation Services]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The proposed Professional Consulting Services
Agreement with McClure relates to consulting services associated with
property that the City Council has indicated a desire to have annexed into the
City of Waukee.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $25,000
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. Professional Services Agreement
PREPARED BY: Brad Deets, Assistant City Administrator
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I1M
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
MCCLURE [ANNEXATION SERVICES]
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, City staff recommends a consultant be hired to assist with annexation related
services associated with property currently located outside of the City Limits of Waukee within
Dallas County which the City Council has identified as an area that should be considered for
annexation in order to allow for the proper planning for and expansion of the City; AND,
WHEREAS, the City Attorney has reviewed the Agreement for Professional Consulting
Services and finds it satisfactory;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with McClure [Annexation Services] is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of October,
2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
This Agreement is made and entered into this __11__ day of ___October_________, 2021, by
and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and
____McClure_________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 $_25,000________, including any authorized reimbursable expenses,
pursuant to the Schedule of Fees set forth in Attachment 3.
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.
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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
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.
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FOR THE CITY: FOR THE CONSULTANT:
Name: City of Waukee Name: McClure
Attn: Brad Deets Attn: Bethany Wilcoxon
Title: Assistant City Administrator Title: Senior Advisor
Address: 230 W. Hickman Road Address: 1360 NW 121st Street
City, State: Waukee, IA 50263 City, State: Clive, IA 50325
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
the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises
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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.
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
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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
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
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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
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 CITY OF WAUKEE
By: ________________________________ By: __________________________
Name: __Bethany Wilcoxon____________ Courtney Clarke, Mayor
Title: __Senior Advisor_________________
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ATTACHMENT 1
SCOPE OF SERVICES
McClure will facilitate private, individual meetings with property owners located in the Hunter
Hollow subdivision to secure an agreement for Voluntary Annexation into the City.
McClure will do this by outlining the terms of the Voluntary Annexation package provided by
City staff that includes:
• a property tax transitioning schedule,
• a proposed rezoning to A-1 Agricultural District,
• a designated street improvements and maintenance for public streets,
• a process for natural gas service installation,
• a process for transitioning water service from rural water to city service,
• a process for transitioning septic systems to city sanitary sewer system; and
• details of garbage and recycling services
Any additional concessions requested by property owners to the City will be reported back to
staff for consideration. Once an agreement is reached, McClure will request each property owner
to sign the pre-annexation agreement in order for City Council to move work with the Voluntary
Annexation process.
McClure will conduct bi-weekly (twice a month) virtual calls with staff to provide a progress
report and make sure we stay on schedule. Staff and McClure can decide not to meet in advance
should no update be necessary.
McClure will present a final summary report to City Council along with the signed pre-
annexation agreements from each property owner.
The scope assumes the City staff will provide all necessary legal advice and documentation (i.e.
pre-annexation agreement), and all substantive staff work on operations and finance issues,
logistics for all meetings and copying of all meeting materials. McClure does not provide legal
services.
Based on the number of unique property owners and parcels, the City shall pay McClure a lump
sum fee of $25,000 for services. This would allow for up to two (2) hours of consultation with
each property owner and additional internal meetings with staff and/or Council for approval
process.
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ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as follows:
Oct 2021 Schedule meetings with Property Owners
Nov 2021 – Dec 2021 Conduct one-on-one meetings with Property Owners
Jan 2022 – Feb 2022 Report back to City Council and determine final agreement terms
Mar 2022 Collect outstanding pre-annexation agreements and closeout
facilitation process
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ATTACHMENT 3
SCHEDULE OF FEES
CONSULTANT’S 2021 STANDARD HOURLY RATE SCHEDULE
EXHIBIT ‘A’
McCLURE ENGINEERING COMPANY
HOURLY RATE SCHEDULE
(Effective through December 31, 2021*)
PERSONNEL HOURLY RATE
Principal ......................................................................................................... $270 - $295
Project Manager ............................................................................................. $180 - $220
Senior Professional .......................................................................................... $180 - $275
Professional .................................................................................................... $150 - $180
Junior Professional .......................................................................................... $120 - $150
Senior Technician ............................................................................................ $130 - $170
Technician ...................................................................................................... $110 - $130
Landscape Architect ......................................................................................... $120 - $150
Field Crew Personnel ......................................................................................... $90 - $120
On-Site Representative .................................................................................... $110 - $150
Client/Project Liason ........................................................................................ $130 - $180
Administrative ..................................................................................................... $60 - $80
EQUIPMENT
3D Scanner per Scan ............................................................................................... $30.00
UAV per Flight ...................................................................................................... $125.00
Sonar Boat ........................................................................................................... $125.00
MISCELLANEOUS EXPENSES
Survey Vehicle Mileage .... ……………………………………………………………..$0.70/Mile
Automobile Mileage (at current IRS rate) ........... ………………………………..Current IRS Rate
Printing……………………………………………………………………………… ... Per Contract
Survey Supplies (Hubs, Lath, Paint, Nails, etc.)……………………………… .......... Per Contract
Out-of-Pocket Expenses (Meals, Hotels, etc.) ........... ……………………………….Per Contract
*Rates are subject to change based on billing rates for future years