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Home My WebLink About2023-07-28 D01 Musco, Larson AgreementAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: July 28, 2023 AGENDA ITEM:Consideration of approval of a resolution approving an agreement between the City and Larson Construction Co, Inc. and Musco Sports Lighting, LLC aka Iowa Sports Turf Management FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Larson Construction was the general contractor for the Triumph Park Project which included among other things the construction of 12 ballfields. It has been determined that the fields do not have positive drainage and certain work needs to be undertaken to assure that the fields grades provide adequate drainage as planned. The City of Waukee has engaged, DuraEdge Products, Inc to act as a consultant to oversee the work to bring the fields into specification and supervise and approve said work. Iowa Sports Turf has indicated that they will provide the equipment, labor and materials necessary to complete the necessary work. Under the supervision of the DuraEdge Consulting agreement Iowa Sports Turf will pay for the costs associated with material, transportation, mixing and labor to complete the project. In addition, Iowa Sports Turf will coordinate, acquire, and install sod material of the same type that exists on the fields that may be necessary to replace sod removed or otherwise disturbed as part of the project at Iowa Sports turf’s expense. The City of Waukee will provide adequate space in the parking lot for storing and mixing of materials. The parties agree that the undertakings in this agreement should commence no later than July 31, 2023. The work will be continuous throughout the month of August with no less than 8 fields being completed by Friday, September 1, 2023. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Approve Resolution RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Agreement PREPARED BY: Matt Jermier REVIEWED BY: PUBLIC NOTICE INFORMATION – D1 NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING AN AGREEMENT BETWEEN THE CITY AND LARSON CONSTRUCTION CO, INC AND MUSCO SPORTS LIGHTING, LLC AKA IOWA SPORTS TURF MANAGEMENT. 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 of Waukee, Larson Construction Co, Inc. and Musco Sports Lighting, LLC a.k.a. Iowa Sports Turf Management have been discussing certain issues occurring at the 12 ballfields located in Triumph Park in Waukee; AND, WHEREAS, the parties have reached an agreement pertaining to correcting the issues at the ballfields in Triumph Park; AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the proposed Agreement between Larson Construction Co, Inc., Musco Sports Lighting, LLC a.k.a. Iowa Sports Turf Management and the City of Waukee is approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 28th day of July, 2023. ____________________________ 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 {02093239.DOCX} -1- AGREEMENT This Agreement (“Agreement”) is entered into between the City of Waukee (the “City”) Musco Sports Lighting, LLC aka Iowa Sports Turf Management (“Iowa Sports”) and Larson Construction Co, Inc (“Larson”) (collectively the “Parties” and individually a “Party”). The date of the last signature is the “Effective Date.” WHEREAS, the City undertook to construct 12 ballfields within the property known as Triumph Park, 700 NW Douglas Parkway, Waukee, IA 50263 (hereinafter referred to as “Ballfields”); and WHEREAS, Larson was the general contractor for the Triumph Park Project which included among other things the construction of the Ballfields; and WHEREAS, the Ballfields do not have positive drainage and certain work needs to be undertaken to assure that the fields grades provide adequate drainage as planned; and WHEREAS, the City has engaged, DuraEdge Products, Inc to act as a consultant for the City to advise as to the necessary work to bring the fields into specification and supervise and approve said work, among other things (hereinafter referred to as “Consultant”); and WHEREAS, Iowa Sports has indicated that they will provide the equipment, labor and materials necessary to complete the necessary work; and WHEREAS the Parties now desire to set forth their agreement, as more fully set forth below. NOW THEREFORE, in consideration for entering into this Agreement, the promises set forth above and the mutual promises and obligations set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.Project. The City’s Consultant will provide preliminary report will be provided to explain the work and material tonnage needed on each individual field to achieve positive surface drainage at 0.75% slope at a conical finish grade for the infield for each Ballfield. The report will also determine how far out the existing sod will need to be removed and replaced to carry the grade out, contemplated to be at least 10 feet into the outfield at the minimum. The report will be considered a general description of the Project parameters (hereinafter referred to as “Project”). 2.Iowa Sports. Under the supervision of Consultant, Iowa Sports will perform and be responsible for providing the material, labor and equipment for the completion of the Project as follows: a.Iowa Sports will contract with DuraEdge Products, Inc, or its designated subsidiary, to provide the material necessary to complete the Project. Iowa Sports will pay for the costs associated with material, transportation and mixing undertakings. It is contemplated that DuraEdge will be mobilizing its equipment and some associated {02093239.DOCX} -2- labor for the purpose of mixing and/or producing the material on site at the Project. b.Certain material including but not limited to sand, clay, and dirt will be necessary for the purpose of producing the necessary material and the arrangements and costs associated with acquiring and delivering the required materials will be arranged and paid for by Iowa Sports. The amount, types, and delivery dates will be undertaken by Iowa Sports in coordination with DuraEdge Products, Inc. c.In addition, Iowa Sports will coordinate, acquire, and install sod material of the same type that exists on the Ballfields that may be necessary to replace sod removed or otherwise disturbed as part of the Project, at its cost and expense. This work will also be completed as directed by the Consultant. d.Iowa Sports will provide the labor and equipment necessary to complete the Project as directed by the Consultant engaged by the City. e.In providing the Services under this Agreement it is expressly agreed that Iowa Sports is acting as an independent contractor and not as an employee. Iowa Sports acknowledge that this Agreement does not create a partnership or joint venture between and the City, or the Consultant. The City is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Iowa Sports or its labor forces, for any work performed pursuant to this agreement, or otherwise. f.Completion Timeframes. Time is of the essence. The parties agree that the undertakings in this agreement should commence no later than July 31, 2023. The work will be continuous throughout the month of August with no less than 8 Ballfields being completed by Friday, September 1, 2023. Any work associated with any Ballfields that have not been completed by said date will continue expeditiously until the Project is completed. 3.City. Iowa Sports will perform and be responsible for providing the following: a.The City will coordinate with Iowa Sports and the Consultant to make Ballfields available for performance of the work in furtherance of the Project. b.The City will designate a portion of the Parking lots at Triumph park for the purpose equipment and material staging and production. c.The City will provide the equipment and labor necessary to strip or remove conditioner from a Ballfield before the project is commenced with regard to any particular Ballfield. d.The City will engage Consultant, at its cost and expense, to provide consultation services and supervision of the Project. {02093239.DOCX} -3- 4.Governing Law. This Agreement shall be governed by and construed and interpreted according to the laws of the State of Iowa. 5.Modification. This Agreement shall not be modified in any fashion except by written agreement executed by all Parties hereto. 6.Binding Effect. This Agreement will be binding upon, and inure to the benefit of, the successors, heirs and assigns of the Parties. 7.Electronic, Facsimile and Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. An electronic copy of this Agreement shall be deemed an original. It shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. 8.Additional documents.Both Parties agree to take any additional action, such as, but without limitation, executing supplemental, administrative, or other clerical documents that are necessary or appropriate to give full force and effect to the terms and intentions of this Agreement. MUSCO SPORTS LIGHTING, LLC aka Iowa Sports Turf By: _____________________ Signature: Date: CITY OF WAUKEE By: _____________________ Signature: Date: LARSON CONSTRUCTION CO, INC By: _____________________ Signature: Date: {02093239.DOCX} -4-