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HomeMy WebLinkAbout2018-02-20-J06 Waukee Youth Sports Complex Professional Services AgrAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 20, 2018 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with Confluence Inc. (Youth Sports Complex) in the amount not to exceed $586,000. FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: This agreement for Professional Consulting Services with Confluence Inc. is to provide the City of Waukee landscape architectural, civil engineering coordination, electrical engineering, structural engineering, site planning, architectural services from schematic design through bidding, based on the following: 1.The projects developed site area is approximately 50 acres in size. 2.The project includes eight competition youth softball/baseball fields, eight infield practice areas, and one All-inclusive field and associated All- Inclusive playground. 3.All of the competition fields will be lit but the practice infields and all- inclusive field will not be lit. 4.There will be a second playground located near the western quad of fields. 5.The project will include two major concession stands, restrooms, and storage facilities (one for each quad of fields and the layout and details of each will be the same). 6.Project will include a maintenance building and two smaller sheds for field equipment. 7.Construction Administration is not included in this agreement. This is not included because it depends on the timing of the project construction and will be negotiated once that decision has been made. Project Schedule •Schematic Design: February – April 2018 •Design Development: April – May 2018 •Construction Documents: May -August 2018 •Bidding: TBD (Assumed Winter of 2019) •Construction Observation: TBD (Assumed Spring of 2019-Spring 2021) FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:Not to Exceed $586,000 COMMISSION/BOARD/COMMITTEE COMMENT: J6 STAFF REVIEW AND COMMENT: The City Attorney has reviewed the agreement and finds it satisfactory. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Waukee Youth Sports Facility and Community Park Professional Services Agreement PREPARED BY:Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 18- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH CONFLUENCE, INC. [YOUTH SPORTS COMPLEX] 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 desires to retain the services of Confluence, Inc., related to the design development and construction and bid administration for Fox Creek Park Phase 2; 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 Confluence, Inc. [Youth Sports Complex] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of February, 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon 1   AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Waukee Youth Sports Facility and Community Park City Project No. _______ This Agreement is made and entered into this 15th day of February, 2018, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Confluence Inc., (Fed. ID #421475404), a “S” 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. Schematic Design $146,500 B. Design Development $208,000 C. Construction Documents $220,500 D. Bidding $11,000 E. Construction Observation (future once scope is determined) $0 Total for (Items A – D) $586,000 2   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. 3   E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. F. Consultant has identified its Project team in the attachment I which includes several sub consultants engaged by Consultant. Consultant has assured the City that they have in place adequate insurance in at least the minimum insurance levels required by the Agreement. Consultant acknowledges that Consultant is responsible as contractor for the Project and the completion of the scope of work. Consultant will assure that any and all sub consultants are familiar with the terms of the Agreement and Consultant shall be responsible for any and all fees, costs and expenses incurred to any sub consultants engaged by Consultant,.including but not limited to those members of the Project team. Further, Consultant represents and warrants that the all sub consultants are licensed professionals in their respective fields and are in good standing and will assure that they are providing professional services in a manner consistent with the standard of care in their industries. All deliverables, including but not limited to plans, specifications, designs and engineering will be approved and stamped by a licensed professional in accordance with applicable requirements and governing rules and regulations. 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: Confluence Attn: Matt Jermier Attn: Mr. Matthew Carlile Title: Director of Parks and Recreation Title: Principal Address: 230 W. Hickman Road Address: 525 17th Street City, State: Waukee, IA 50263 City, State: Des Moines, Iowa 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. 4   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 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 5   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 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. 6   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 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. 7   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. 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. 8   CONSULTANT CITY OF WAUKEE By: ________________________________ By: __________________________ Name: Matthew O. Carlile William F. Peard, Mayor Title: Principal 9   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. City of Waukee c/o Mr. Tim Moerman, City Administrator 230 West Hickman Road Waukee, Iowa 50263 Re: An Agreement for the Provision of Professional Services Waukee Youth Sports Facility and Community Park, Waukee, Iowa, Confluence #17393 Dear Mr. Moerman: Confluence, hereinafter referred to as the Consultant, subject to the approval and acceptance of this agreement by the City of Waukee, hereinafter referred to as the Owner, agrees to provide Professional Services to the Owner as set forth below: A. PROJECT NAME: Waukee Youth Sports Facility and Community Park, Waukee, Iowa B. PROJECT DESCRIPTION: Provide the Owner landscape architectural, civil engineering coordination, electrical engineering, structural engineering, site planning, architectural services from schematic design through bidding, based upon the following understanding of the project: 1. The Project’s developed site area is approximately 50 acres in size and the phase one project outline is included as Exhibit C. 2. Project Team will consist of the following: 2.1 Lead – Confluence 2.2 Civil Engineer – FOTH Engineering (contracted directly with the owner) (Not in Contract) 2.3 Architect – Ethos Design Group 2.4 MEP – KCL Engineering 2.5 Structural Engineer (Buildings) – Saul Engineering 3. The Project program includes eight (8) competition youth softball fields, eight (8) infield practice areas, and one Miracle field and associated All-Inclusive playground. 4. All of the competition fields will be lit but the practice infields and miracle field will not be lit. 5. There will be a second playground structure associated with the west quad of softball fields. 6. The Project will include two major concession, restroom, and storage facilities. (One for each quad of fields and the layout and detailing of each will be the same, with only slight variations. 7. Project will include one large maintenance building and two smaller storage sheds for field equipment. 8. All mass grading of the site will be completed by a previous contract. (Confluence will coordinate efforts with that Engineer to minimize grading costs.) 9. The Project’s site budget is approximately 14 Million Dollars, not including soft costs. 10. This will be a regional facility and quality is expected. 11. Construction Administration is not included in the attached fee. The owner should reserve approximately $75K for this portion of the project. This was not provided because it depends on the timing chosen and will be negotiated once that decision has been made. ARTICLE 1: SCOPE OF SERVICE: 1. Part One: Schematic Design: 1.1 Kickoff Meeting with Owner 1.2 End User Discussions (Youth softball discussions) Confirm Programming 1.3 Prepare Schematic Design Documents 1.3.1 General Site Layout 1.3.2 Building Location(s) 1.3.3 Conceptual Signage Development 1.3.4 Preliminary Field Grading Plan 1.3.5 Playground research and sizing 1.3.6 Fishing Pier concepts 1.3.7 Building Design 1.3.7.1 Preliminary Code Review 1.3.7.2 Floor Plan Options Developed 1.3.7.3 Provide Preliminary Project Descriptions 1.3.8 Coordinate Conceptual Utility Layout 1.3.9 Conceptual Field Lighting Layout 10   1.4 Coordinate as necessary with the City of Waukee and the Waukee Community School District as needed. 1.5 The final product shall be drawings necessary to communicate the Schematic Site Design. Upon Owner approval of schematic site design, the team will begin design development. 1.6 Prepare a detailed and updated Opinion of Probable Cost reflecting the Schematic Design Documents. 2. Part Two: Design Development: 2.1 Based on Owner-approved direction from schematic design, prepare design development drawings that address: 2.1.1 Main Building Architecture (Architect’s Attendance at 2 meetings included) 2.1.1.1 Finalize Code Review 2.1.1.2 Select and Finalize Floor Plan 2.1.1.3 Reflected Ceiling Plans 2.1.1.4 Begin Door and Hardware Schedules 2.1.1.5 Begin Room Finish Schedule 2.1.1.6 Outline specifications 2.1.1.7 Initial structural design and review 2.1.1.8 Begin MEP layout 2.1.1.9 Begin Structural Review 2.1.2 Site Layout and Site Grading Plans Refined 2.1.3 Finalize signage package and begin details 2.1.4 Develop and Coordinate playground layouts with selected companies. 2.1.5 Begin detailed field layout 2.1.6 Fishing Pier refined 2.1.7 Coordinate Pollution Prevention Plan Prepared 2.1.8 Coordinate Utility Layouts 2.1.8.1 Layout Hydrants, Services, and Quick Connects 2.1.8.2 Layout of Sanitary Sewer, pipe sizing, manhole rims and inverts 2.1.8.3 Layout of Storm Sewer, pipe sizing, manhole/intake rims and flowlines 2.1.8.4 Individual Field Drain Tile layout 2.1.9 Proposed materials 2.1.10 Site details 2.1.11 Outline Specifications 2.1.12 Planting plan 2.1.13 Initial Irrigation layout and coordination 2.2 Prepare a detailed Opinion of Probable Cost reflecting the Design Development Documents 2.3 Continued coordination with the City of Waukee and the Waukee Community School District as needed. (Assume a set meeting every two weeks) 2.4 Begin the Site Plan submittal process with the City of Waukee to obtain approval. (City council presentation) 2.5 These documents shall be reviewed by the Owner, with any comments and minor revisions occurring in this phase. Any Owner/ Architect directed changes that significantly modify Owner-approved direction from schematic design would be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work. 2.6 Upon Owner approval of design development site documents, the Consultant will proceed into Construction Documents. 2.7 Meetings and coordination with Owner and Architect, as needed. 3. Part Three: Construction Documents: 3.1 The Consultant team shall prepare the following Construction Documents: 3.1.1 Architectural Plans for the Main Structure, including MEP, and Structural (Assumed 3 Meetings in this phase) 3.1.1.1 Final Floor Plans Developed 3.1.1.2 Final Reflected Ceiling Plans 3.1.1.3 Interior Elevations 3.1.1.4 Millwork Details 3.1.1.5 Final Door / Hardware Schedule 3.1.1.6 Room Finish Schedule 3.1.1.7 Finalize Specifications 3.1.1.8 Final MEP Plans 3.1.1.9 Final Electrical Plans 3.1.1.10 Final Structural Plans 3.1.2 Site Preparation Plan 3.1.3 Site Layout Plan 3.1.4 Site Grading Plan 3.1.5 Site Utility Plan (storm sewer, sanitary sewer and water main only) 3.1.5.1 Final utility plans 3.1.5.2 Final utility Details 3.1.5.3 Provide Detention Calculations and Final basin design as necessary 3.1.5.4 NPDES Permit and final SWPP Plan documents 11   3.1.5.5 Utility Specifications 3.1.6 Site Planting Plan 3.1.7 Site Electrical Plan 3.1.7.1 Scoreboards 3.1.7.2 Field Lights 3.1.7.3 Entrance Signage lighting as needed 3.1.7.4 Parking Lot Lighting 3.1.7.5 Walkway and trail Lighting 3.1.7.6 Accent Lighting as needed 3.1.8 Site Irrigation Plan 3.1.9 Site Details 3.1.9.1 Fishing Pier 3.1.9.2 All Field details 3.1.9.3 Paving details 3.1.9.4 Many others 3.1.10 Site Specifications 3.2 Consultant will, with the review and approval of the Owner, select site light fixtures and detail their bases. 3.3 Consultant will prepare Monument Sign design plans and details. 3.4 Continued coordination with the City of Waukee and the Waukee Community School District as needed. (Assume a set meeting every two weeks) 3.5 These documents shall be reviewed by the Owner, with any comments and minor revisions occurring in this phase. Any Owner/ Architect- directed changes that significantly modify Owner-approved direction from design development will be deemed extra services and billed on an hourly basis. Consultant will identify any perceived extra services prior to proceeding with work, whenever possible. 4. Part Four: Bidding 4.1 Preparation of Bidding Procedures 4.2 Attendance at a Pre-Bid Meeting by all team members 4.3 Addenda Drawings and Coordination as necessary throughout the bidding period. 4.4 Bid Opening and Development of a Bid Tab sheet. 4.5 Assistance in Awarding the Bid. 5. Part Five: Construction Observation 5.1 This work is not included in the proposal. Once a Phase One project has been identified this portion of the contract will be negotiated. EXCLUSIONS 1. Geo-Technical Services and Soil Analysis. (Will be provided by the owner under a separate contract.) 2. Civil Engineering Services. (This will be support as needed and is assumed to be provided by FOTH Engineering under a separate contract directly with the City of Waukee.) 3. Any work related to a future bridge crossing between the ponds. 4. Traffic study and public street plan and profile drawings. 5. Any work dealing with additional Hydrology and Flooding studies. 6. Traffic Control Plans and Staging Plans. ARTICLE 2: OWNER’S RESPONSIBILITIES: 1. The Owner shall establish the guidelines for the project and shall provide general background information needed for analysis. 2. Fees for services of special consultants (Geo-Technical, Civil Engineering, Archeological, additional structural, sustainable, soils, hydraulic, etc.) if required beyond the Scope of Services proposed herein, shall be paid for by the Owner if authorized in advance. 3. The Owner shall furnish a topographic and boundary survey of the site(s). 4. The Owner shall furnish, obtain, or direct this firm to obtain at the Owner’s expense, additional information concerning property ownership / lines, easements, topographical character, or any other site information required to complete the services as described in Article 1: Scope of Services 12   ARTICLE 3: FEES AND EXPENSES: 1. We propose to perform the services described in Article 1: Scope of Services: Part One, on a Lump Sum basis. The Lump Sum is One Hundred Forty-Six Thousand Five Hundred Dollars ($146,500). 2. We propose to perform the services described in Article 1: Scope of Services: Part Two on a Lump Sum basis. The Lump Sum is Two Hundred and Eight Thousand Dollars ($208,000). 3. We propose to perform the services described in Article 1: Scope of Services: Part Three on a Lump Sum basis. The Lump Sum is Two Hundred Twenty Thousand Five Hundred Dollars ($220,500). 4. We propose to perform the services described in Article 1: Scope of Services: Part Four, on a Lump Sum basis. The Lump Sum Eleven Thousand Dollars ($11,000). 5. We propose to perform the services described in Articles 1-4: Scope of Services: Part One - Four, on a Lump Sum basis. The Lump Sum of Five Hundred and Eighty-Six Thousand Dollars ($586,000). 6. We propose to perform the services described in Article 1: Scope of Services: Part Five, N.I.C. This portion will be negotiated at a later date. It will be easier to determine scope and fee once the Phase one project has been completed. (Please reserve +/- $75K for this portion of the work) 7. Reimbursable expenses, including travel, long-distance telephone, and printing are not included in the services fee. Expenses will be billed in accordance with the rates shown on the attached rates and expenses schedule. 8. If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid their compensation for services performed prior to receipt of written notice from the Architect/Owner of such suspension or abandonment, together with reimbursable expenses then due and all terminal expenses resulting from such suspension or abandonment. ARTICLE 4: TIME OF PERFORMANCE: 1. We propose to process this work in a timely and expeditious manner to meet the Owner’s timetable. ARTICLE 5: EXTRA WORK AND CONTINUATION OF SERVICES: 1. If, during the progress or upon completion of the work outline in the Scope of Services in this agreement, the Architect/Owner finds it desirable or necessary to cause this Consultant to perform additional services other than those outlined in the Scope of Services, the hourly schedule and reimbursable expense schedule may apply or a project fee may be negotiated. ARTICLE 6: SUCCESSOR’S AND ASSIGNMENT: 1. The Owner and this firm each binds itself, partners, assigns and legal representatives to the other party to this agreement and to the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this agreement. ARTICLE 7: CONTRACT CONFORMANCE: 1. If there is a conflict between this document and the agreement between the Architect and the Owner, the Architect’s agreement with the Owner shall govern. ARTICLE 8: FORM OF AGREEMENT: 1. The return of one (1) copy, signed and dated in the spaces provided, will constitute your acceptance of this proposal and provide authority for proceeding to accomplish this work. 13   ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Schematic Design - Now – April 2018 Design Development - April – May 2018 Construction Documents - May – August 2018 Bidding - TBD (assumed Winter of 2019) Construction Observation - TBD (assumed Spring of 2019 – Spring of 2021) 14   ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 201__ STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $ Project Manager $ Project Scientist $ Project Advisor $ Lead Engineer $ Project Engineer $ Staff Engineer $ Lead Technician $ Engineering Technician $ CAD Technician $ Construction Manager $ Lead Field Technician $ Field Technician $ Land Surveyor $ Administrative Assistant $ 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.