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HomeMy WebLinkAbout2024-08-05 I15B Public Art Contract_Owner's RepAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 5, 2024 AGENDA ITEM:Authorizing a Contract with Group Creative Services for Owner’s Representative Services on the Public Art Project “A Walk in the Park” FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: This resolution authorizes the City of Waukee to enter into a contract with Group Creative Services for the following services: Review of construction documents and specifications, and verification of designed and approved artwork’s inclusion in construction documents; Negotiation and monitoring of artists’ contracts, including development of detailed scopes of work; Development and oversight of all components of the project and artist budgets; Facilitation of communication between all project partners, including the artist and City departments, architectural firms, and community members; Oversight of artwork fabrication and assurance that all components of fabrication, including but not limited to, materials, dimensions, production, progress, and overall quality control align with the installation site and approved artwork design; Oversight and accountability for installation plan including, but not limited to, site research, coordination of site preparation, storage and installation; Facilitation of necessary permits, approvals, and insurance compliance; Maintenance of accurate schedules and awareness of forecastable changes; Oversight of professional documentation of artwork; Delivery of project close out documentation package which may include, but not limited to, maintenance forms, artist statement briefs, art project statement, indirect hire forms; Coordination of PR and marketing for project or artist at each completed milestone; Other services as requested FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: The services outlined above will be completed for an amount not to exceed $7,000. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Staff would recommend approval of the resolution. ATTACHMENTS: I. Proposed Resolution II. Agreement for Professional Services- Group Creative I15B PREPARED BY: Nick Osborne, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 2024- RESOLUTION AUTHORIZING A CONTRACT WITH GROUP CREATIVE SERVICES FOR OWNER’S REPRESENTATIVE SERVICES ON THE PUBLIC ART PROJECT “A WALK IN THE PARK” IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, the City of Waukee hired Group Creative Service to develop the Waukee Public Art and Culture Plan in 2023 and; AND, WHEREAS, Group Creative Services assisted the Public Art Advisory Commission (PAAC) and staff with a call to artists in January 2024; AND, WHEREAS, the PAAC selected “A Walk in the Park” by Joshua Wiener; AND, WHEREAS, the City proposes to contract with Group Creative Services for owner’s representative services to assist city staff and make use of their considerable public art project experience. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 5h day of August 2024, that the contract with Group Creative Services, not to exceed $7,000, is approved. BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to effectuate the referenced contract. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (A Walk in the Park – Tallgrass Pond) This Agreement is made and entered into this _5th___ day of August_, 2024, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and __Group Creative Services 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 1. 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 hourly for services hereunder not to exceed $7,000, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 1. 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. 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 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. C.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. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: Group Creative Services Attn: Nick Osborne Attn: Teva Dawson Title: Assistant City Administrator Title: Owner Address: 230 W. Hickman Road Address: 1424 48th St. City, State: Waukee, IA 50263 City, State: Des Moines IA 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. 3 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 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. 4 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 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. 5 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 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 6 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. 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 affect the provisions and purposes of this Agreement. 7 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: Teva Dawson, Group Creative Courtney Clarke, Mayor Title: Owner 8 ATTACHMENT 1- GROUP CREATIVE SERVICES PROPOSAL SCOPE OF SERVICES, PROJECT SCHEDULE, AND SCHEDULE OF FEES Review of construction documents and specifications, and verification of designed and approved artwork’s inclusion in construction documents; Negotiation and monitoring of artists’ contracts, including development of detailed scopes of work; Development and oversight of all components of the project and artist budgets; Facilitation of communication between all project partners, including the artist and City departments, architectural firms, and community members; Oversight of artwork fabrication and assurance that all components of fabrication, including but not limited to, materials, dimensions, production, progress, and overall quality control align with the installation site and approved artwork design; Oversight and accountability for installation plan including, but not limited to, site research, coordination of site preparation, storage and installation; Facilitation of necessary permits, approvals, and insurance compliance; Maintenance of accurate schedules and awareness of forecastable changes; Oversight of professional documentation of artwork; Delivery of project close out documentation package which may include, but not limited to, maintenance forms, artist statement briefs, art project statement, indirect hire forms; Coordination of PR and marketing for project or artist at each completed milestone; Other services as requested Services will commence upon the execution of the agreement with A Walk in the Park artist Joshua Wiener anticipated to start July 2024 and scheduled to conclude July 2025 Fee for services shall be charged at the hourly rate of $__125___ and the total fee for services under this contract shall not exceed $7,000. No expenses are anticipated.