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HomeMy WebLinkAbout2023-10-16 I01D_01 Professional Consulting Svcs Agr_Existing Public Safety Building Assessment\AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 16, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with OPN Architects, Inc. [Police and Fire Facility Assessment and Planning Study FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The City intends on constructing a new Public Safety headquarters in the Spring of 2024 for occupancy in the Summer of 2025. The existing Public Safety building will remain as a second fire station but the police department will fully vacate their space upon completion of the new building. Staff is recommending approval of a professional services contract with OPN Architects to complete an analysis on future uses of the vacated portions of the existing public safety building as well as a structural and functional analysis of the building to determine future improvements and an estimated cost to make those improvements. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $29,000.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Brad Deets, City Administrator REVIEWED BY: I1D1 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH OPN ARCHITECTS, INC. [POLICE AND FIRE FACILITY ASSESSMENT AND PLANNING STUDY] 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 consultant services of OPN Architects, Inc. for the Waukee Existing Public Safety Repurposing Study; AND, WHEREAS, the scope of services consist of use analysis, structural review, concept development and cost estimation associated with future proposed improvements and upgrades to the existing Public Safety Building; AND, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between OPN Architects, Inc. and the City of Waukee, Iowa [Police and Fire Facility Assessment and Planning Study] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of October 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 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement is made and entered into this ____ day of ____________, 2023, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and OPN Architects, Inc. 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 $29,000.00, 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 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. 2 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. 3 FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: OPN Architects, Inc. Attn: Brad Deets Attn: Danielle C. Hermann, AIA Title: City Administrator Title: Principal Address: 230 W. Hickman Road Address: 100 Court Ave., Suite 100 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 the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises 4 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 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 5 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 Upon payment in full for the Services, 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 6 A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be affected 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. 7 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: ___Danielle C. Hermann, AIA_____ Courtney Clarke, Mayor Title: _____Principal, OPN Architects_____ October 11, 2023 Brad Deets City Administrator City of Waukee 230 Hickman Road Waukee, IA 50263 RE: Waukee Police & Fire Facility Assessment and Planning Study - Professional Service Agreement - OPN Architects Brad: OPN Architects is pleased to provide this proposal for assessment and planning services to study the existing police and fire building to understand current conditions and assess possible re-use scenarios considering comprehensive city space needs over the next 8-10 years. Project criteria Based on discussions had in our meeting, OPN has based our fees for professional services upon the following project criteria: Site Location: 1300 SE L.A. Grant Parkway, Waukee, Iowa 50263 Project’s physical characteristics: Existing joint police and fire use, with police occupying a single-story portion of the building with some indoor garage areas and covered exterior parking behind the building. Fire occupies 2 levels, with administrative and operational functions on level 1, including apparatus bays, and residential plus fitness areas on level 2. Shared space currently consists of a lobby area only. The existing building is brick masonry with a standing seam metal roof. Scope of Services As part of this study, OPN Architects anticipates the following: - Gather and review existing information from the city to understand existing building conditions, including existing building plans and facility maintenance plans and systems information. - Gather and review information from the city on staffing and projected growth for current city departments, including staffing plans and existing space plans. - Review high level space needs assumptions for city departments to be considered in re-use scenarios, including fire, community development, IT, public works, library storage needs, and parks & recreation. While the focus of the study shall be on internal city departments, the study will also consider space allocations that may be available for outside entities that have partnerships with the City and may be looking for expansion space. - Work with the city to understand current lease timeframes. - Study multiple re-use options and scenarios for review with owner. - Refine preferred strategies based on owner feedback and prepare information for cost estimation. - Work with cost estimator to understand feasibility and cost of remodel scenarios versus demolition and new on existing site. OPN assumes working with Ryan Companies for cost estimation, but if an outside estimator is desired, can add services for this. - Prepare summarized study deliverables and recommendations. Once the City of Waukee has selected and approved a direction and is prepared to move forward with project execution, OPN will provide a proposal for architectural design services to complete the project. The design team will be ready to offer full design services, including schematic and design development, construction documents, additional cost estimation as needed, assistance with bidding and full construction administration services and will work with the City to build the appropriate consultant team. For this study, no services for civil, mechanical, electrical, or structural engineering are anticipated to be required, but should any be deemed necessary based on further design or discovery of existing conditions, they can be added. Project Schedule OPN will meet a mutually agreed upon schedule for the delivery of study services. Timely receipt of information and feedback from the Owner and stakeholder groups will be critical in maintaining project progress and schedule. An outline of general timeframes, as an example, is offered here for discussion, but OPN anticipates study work completing in the first quarter of 2024 and is prepared to provide full architectural design services for the project in 2024/2025 with anticipated construction in 2026. Information Gathering + Existing Conditions 3-4 weeks Space Needs Assessments 3-4 weeks Study Re-use Scenarios 8 weeks Cost Estimating 4 weeks Final Deliverable Preparation 2 weeks Compensation The professional fee for the scope of services outlined in this proposal will be a lump sum fixed fee of Twenty-Nine Thousand Dollars ($29,000.00) plus additional services or reimbursable expenses if necessary. This fee will cover services and activities required to accomplish the scope of work within a time frame of 7 months. Should the project timeframe extend beyond this, as a result of conditions not under the control of OPN, fees may be adjusted to align with the effort extended. The project will be invoiced monthly as a percentage of work completed and commensurate with the work plan schedule. Any services if required beyond those described within the Agreement will be reviewed with the client to understand impact to scope of work or related fees. Refer to attachment for standard hourly rates. Reimbursable Expenses Reimbursable expenses are in addition to the above fee and will be invoiced at 1.1 times actual cost. Reimbursable expenses include: authorized out-of-town travel, courier services, express mail, plan review fees, reproduction of project documents, photography, out-of- house digital processing, physical models, meals and mileage at the government standard rate. Exclusions and Additional Services – Available Upon Request Geotechnical Services and/or Site Surveying Civil Engineering Services Structural Engineering Services Mechanical and Electrical Engineering Services Contract Agreement This Letter of Proposal is intended to document the primary issues concerning our Agreement Between Owner and Architect. Once details of this proposal are confirmed, we will work with you to finalize an agreement based on the city’s standard form of contract. I am extremely excited to continue our work with you and the City of Waukee on this project and others. Please review this proposal and let me know if you have any questions at all. Thank you, Danielle C. Hermann, AIA Principal, OPN Architects OPN ARCHITECTS Hourly Rates – 2023 Principal $250 Associate Principal $185 Associate $170 Healthcare Planner $205 Senior Project Manager/Senior Project Architect $145 Project Manager/Project Architect $125 Architect $115 Intern Architect 3 $100 Intern Architect 1-2 $80 Senior Interior Designer $115 Interior Designer $90 Construction Administrator $105 Architectural Technician $85 Directors of Business Support $130 Business Support Specialist $95 Marketing Specialist $90 Administrative Support $65 College Interns $50 Cedar Rapids 200 Fifth Avenue SE Ste. 201 Cedar Rapids, Iowa 52401 (319) 363-6018 Des Moines 100 Court Avenue Ste. 100 Des Moines, Iowa 50309 (515) 309-0722 Iowa City 24 ½ S. Clinton Street Ste. 1 Iowa City, Iowa 52240 (319) 363-6018 Madison 301 N. Broom Street Ste. 100 Madison, Wisconsin 53703 (608) 819-0260 Minneapolis 323 N. Washington Avenue Ste. 200 Minneapolis, Minnesota 55401 (612) 468-6851 opnarchitects.com These rates are subject to an annual adjustment on or around January 1, and your contract will adjust accordingly.