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HomeMy WebLinkAbout2025-08-18 I05 Professional Consulting Services Agreement_410 6th St ProjectAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 18, 2025 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services with SVPA Architects [410 6th Street Project] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: In 2024, the Facilities Manager conducted assessments of all city-owned buildings and noted the property at 410 6th Street, built in 1922, had significant issues. The City engaged ISG to conduct a more thorough engineering study and the estimated cost to address the structural and environmental deficiencies was $350,000-$640,000. The estimated cost to demolish and construct a new building is approximately $1 million. It is anticipated that the new space could meet the needs of current users as well as address the community need for a commercial incubator space. SVPA Architects has prepared a consulting contract for services related to the schematic design, design development, construction documents, bidding, and construction administration of the new facility. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $110,000.00 or approximately 11% of the total project cost. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the resolution. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement PREPARED BY:Nick Osborne, Assistant City Administrator REVIEWED BY: . I5 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH SVPA ARCHITECTS, INC. [410 6TH STREET PROJECT] 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, in 2024,the City completed an assessment to identify the deficiencies, deferred maintenance and future capital expenses associated with all city buildings; AND, WHEREAS, the former Waukee City Hall, constructed in 1922, located at 410 6th Street was identified as the building with the most costly and immediate needs; AND, WHEREAS, the City staff engaged ISG Engineering to quantify the cost to repair the structural and environmental issues versus demolition and rebuild and the city council directed staff to pursue the latter option; AND, WHEREAS, City staff recommends entering into a contract with SVPA Architects, Inc. for full architectural services, public bidding and administration for the 410 6th Street construction project; AND, WHEREAS, this agreement uses the standard template for Professional Consulting Services approved by the City Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services with SVPA Architects, Inc. [410 6th Street Project] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 18st day of August, 2025. ____________________________ 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 This Agreement is made and entered into this ___ day of____________, 2025, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and SVPA 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, Proposal for Design Services, under Scope of Services. 2.SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2, Project Schedule. 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 a Stipulated Sum Fixed Fee of $110,000, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 1, Proposal for Design Services. 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. 2 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. E.Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 3 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: SVPA Architects, Inc. Attn: Nick Osborne Attn: Thad N. Long, AIA Title: Assistant City Administrator Title: Principal Address: 230 W. Hickman Road Address: 1466 28th St, Suite 200 City, State: Waukee, IA 50263 City, State: West Des Moines, IA 50266 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. 4 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 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. 5 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. 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. 6 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. 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. 7 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. CONSULTANT CITY OF WAUKEE By:_______________. By: __________________________ Name: Thad N. Long, AIA Courtney Clarke, Mayor Title: Principal 8 ATTACHMENT 1 PROPOSAL FOR DESIGN SERVICES 1.PROJECT DESCRIPTION Based on previous building evaluations, the City of Waukee has determined that replacement of the existing structure located at 410 6th Street in the Historic Waukee Triangle Downtown area is necessary. The current building has experienced significant deterioration over time due to deferred maintenance, particularly involving foundation issues and moisture infiltration through the exterior envelope. According to our conceptual building plans, the new facility is anticipated to be approximately 1,500 square feet on the main level, with a partial basement of roughly 524 square feet to accommodate mechanical and electrical systems. The proposed program includes a business incubator space, a serving kitchen, appropriately sized restrooms, and a community room to support continued use by the local VFW or other community partners leasing the space. We have also developed exterior building elevations that reflect and complement the architectural character of the Historic Waukee Triangle. The proposed design features masonry as the primary exterior material, incorporating arched windows and façade details that echo the surrounding historic buildings. 2.PROJECT BUDGET It is our understanding that the City of Waukee has anticipated a total construction cost in the range of $1,000,000. Additional project costs—including professional design fees, testing, surveying, geotechnical services, and other related soft costs—will also be required to complete the Downtown Waukee City Building project. 3.SCOPE OF SERVICES SVPA Architects Inc. proposes to provide comprehensive basic services for the project, including Schematic Design, Design Development, Construction Documents, Bidding/Negotiation, and Construction Administration, as further outlined in the Agreement for Professional Consulting Services. The scope of services includes architectural, interior design, civil engineering, structural engineering, and mechanical, electrical, plumbing, technology rough-in, and fire protection engineering. 9 The following consulting firms have been selected to deliver high-quality design services under SVPA’s prime agreement: A.Architecture and Interior Design: SVPA Architects Inc B.Civil Engineering: Bishop Engineering C.Structural Engineering: Tometich Engineering D.Mechanical, Electrical, Plumbing, and Technology Engineering: Alvine Engineering Note: Professional services related to geotechnical engineering, LEED certification, commissioning, acoustical/AV systems, and food service equipment are not included in the base fee. These services may either be provided directly by the Owner or incorporated into SVPA’s scope as Additional Services, as needed. We have procured site survey proposal from Bishop Engineering as a direct reimbursable cost. 4.PROJECT SCHEDULE Our team completed conceptual floor plans and exterior elevations in late February 2025. It is our understanding that the City of Waukee intends to proceed with professional design services beginning in the summer of 2025 and continuing through the fall. Construction documents would be completed and ready for bidding by early January 2026, allowing construction to commence in early spring 2026, with project completion anticipated in early 2027. For a more detailed schedule refer to Attachment 2, Project Schedule. 5.FEE STRUCTURE SVPA Architects Inc. proposes to establish Basic Compensation for the design services outlined above based on estimated hours to complete the project scope. We propose a stipulated sum fixed fee of $110,000. SVPA has provided conceptual design services which included building floor plans and building front elevations, we will be applying $4,307.50 to the schematic design phase as already paid. Based on the scope of work and budget assumptions noted above, the breakdown of the total design fee by project phase is as follows: Schedule of Fee Per Design Phase %Fee Per Phase Schematic Design (less concept credit of $4,307.50)20%$22,000 Design Development 20%$22,000 Construction Documents 40%$38,500 Bidding/Negotiations 5%$5,500 Construction Administration (CA)20%$22,000 Total A/E Fixed Fee 100%$110,000 10 SVPA Architects is committed to maintaining our design services as a fixed fee, contingent upon the project scope defined in the conceptual drawings. Any adjustments beyond a 10% change in total construction cost will be reviewed and revised accordingly, with fee adjustments reflecting the estimated additional hours required to accommodate the revised scope. The Total Cost of Construction shall include all site development, demolition, and renovation costs, as well as general building core and shell construction, interior finishes, and mechanical, electrical, plumbing, and technology rough-in systems. It shall also include contractor general conditions/overhead and profit, and construction contingency. Additionally, any fixtures, furnishings, and equipment designed or specified by the SVPA Architects team shall be included in the Total Cost of Construction. As part of our project scope of services, land surveying will be provided by Bishop Engineering. The site survey will be billed as a direct reimbursable service for the fixed fee of $3,500. 6.FEE STRUCTURE & FORM OF CONTRACT Should any work be required beyond the original scope of services, SVPA will notify the City Staff and request authorization for additional services to complete those tasks. Upon approval, SVPA will proceed accordingly. No additional work will be performed without prior written approval. Monthly invoices will be submitted based on the actual hours of work completed by SVPA team members. Invoices are due to be paid within 30 days and prompt payment is always appreciated. Amounts unpaid 30 days after the invoice date shall bear interest at a rate of 1% monthly. If Additional Services are requested beyond the scope of basic services described herein, they will be billed per SVPA’s standard compensation rates. The hourly rates may be modified periodically, but not more often than once a year, in accordance with our compensation policies and team member advancement. Reimbursable Expenses for items such as out-of-town travel, long distance/dedicated communication services, jurisdictional review fees, printing and shipping are in addition to compensation for basic services and will be billed at 1.0 times cost directly to the Owner. 11 7.HOURLY RATE SCHEDULE Compensation for Designated Services shall be at a fixed rate per hour, effective January 1, 2025, through December 31, 2025, as follows: A.Principal $210/hr. B.Associate Architect $165/hr. C.Associate Interior Designer $165/hr. D.Senior Architect $155/hr. E.Architect $140/hr. F.Architectural Designer $115/hr. G.Senior Interior Designer $155/hr. H.Registered Interior Designer $140/hr. I.Interior Designer $115/hr. J.Project Coordinator $105/hr. K.Senior Architectural Technician $105/hr. L.Architectural Technician $95/hr. 8.REIMBURSABLE EXPENSES Reimbursable expenses are in addition to Basic, Supplemental and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the project, as follows: A.Transportation and authorized out-of-town travel and subsistence B.Long distance services, dedicated data and communication services, Project web sites and extranets C.Permitting and other fees required by authorities having jurisdiction over the Project D.Printing, reproductions, plots and standard form documents, excluding printing for SVPA office use E.Postage, handling and delivery F.Expense of overtime work requiring higher than regular rates, if requested and authorized by Owner G.Outsourced renderings, animations, mock-ups, physical models and photography requested by Owner H.If required and approved by the Owner, the additional expense of professional liability insurance dedicated I.exclusively to this Project in excess of coverage or limits normally maintained by the Architect J.Taxes levied on professional services and reimbursable expenses for this Project K.Expenses for the Architect and Architect’s consultants to provide a Project site office, if required and approved by the Owner. 12 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Task - Design Phase Completion/Due City Council approve Design Contract 8/18/2025 KICK-OFF & VERIFICATION 8/25/2025 - 9/5/2025 Kick off meeting -Review Concept Drawings 8/28/2025 Site Visit -Verify Existing Conditions 8/28/205 Site Survey Week of 9/1/2025 SCHEMATIC DESIGN (SD)9/2/2025 - 9/25/2025 Development of Schematic Design 9/5/2025 Schematic Design Meeting #1 9/9/2025 Updates to Schematic Design -Material Selections (Brick)9/19/2025 SD 100% Set Due -Review with City 9/25/2025 DESIGN DEVELOPMENT (DD)9/29/2025 - 10/30/2025 Develop Plans, Specs and Coordination 10/10/2025 Consultant and AHJ Coordination 10/14/2025 Design Development Meeting #1 10/16/2025 DD Updates / Cost Opinion Prepared 10/28/2025 DD 100% Set Due -Review with City 10/30/2025 CONSTRUCTION DOCUMENTS (CD)11/03/2025 - 1/5/2026 Prepare Construction Documents 11/14/2025 Issue Site Plans to City for Planning & Zoning 11/18/2025 CD Updates and Cost Opinion Revisions 12/4/2025 CD 100% Set Due -Review with City 12/18/2025 City Council Approve Plans/Spec and Cost Opinion for Bidding*1/5/2026 BIDDING/NEGOTIATIONS 1/6/2026 - 2/16/2026 Issue Bidding Documents 1/6/2026 Pre-Bid Date 1/20/2026 Bid Date 2/5/2026 Review Bid to Confirm Scope / Prepare Contracts 2/11/2026 City Council Bids Approval and Awards Contract* 2/16/2026 CONSTRUCTION ADMINISTRATION (CA)2/23/2026 - 2/19/2027 Submittals, Procurement, and Construction Feb -April 2026 Construction Start / Demolition 4/1/2026 Substantial Completion 2/5/2027 Owner Move-In 2/19/2027 *Waukee City Council meetings are the 1st & 3rd Mondays of each month. Items to be included in the agenda to be sent Wednesday the week before.