HomeMy WebLinkAbout2017-12-18-Resolutions 17-584_Community Entrance and Placename Signage - Engineering AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-584
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN
THE CITY OF WAUKEE AND SHIVE HATTKRY [GATEWAY)WAYFINDING )lk
COMMUNITY IDENTITY PLAN]
1N THE iVAME 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 Council has identified gateway signage as a priority for the current year;AND,
WHEREAS,City staff recommends retaining the services of Shive Hattery for the completion of a
Gateway,Wayfinding and Community Identity Plan;AND,
WHEREAS,the professional services agreement has been reviewed and approved by the Waukee City
Attorney.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services between the City of Waukee and Shive Hattery
[Gateway,Wayfinding &Community Identity Plan],attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 18'"of December,
2017.
liam F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
NAY ABSENT ABSTAIN
AGRKEMKNT FOR PROFESSIONAL CONSUl.TING SERVICES
Thi Agc ti d d i di t Lhi IMd ytf~lHlfkf .2Dfsby db t
City of Waukee.a municipal corporation,hereinafter referred to as "City,"and Shive-Hattery,
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.SCHEDIJLE
The schedule of the professional services to be performed shaH 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 FIXED FEE,including any authorized reimbursable expenses,
as defined in Attachment 3.
I.Basic Services of the Consultant
Gateway,Wayfinding di Community Identity Plan:
$49,800,fixed fee,including reimbursable expenses
B.The Consultant shaH invoice the City monthly for services,any reimbursable expenses
and any approved amcndmcnts to this Agrccmcnt,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 dcliverables in
accordance with the Scope of Services.
In consideration of the compensation paid to the Consultant,the Consultant agrees to
perfoian 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 thc
furnishing of equipment,supplies,or materials,the Consultant agrees to pay for the same
in full.
4.INSURANCE
Consuliant 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 v'ill
sufliciently 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.
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
desigtiate 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 thc professional liability policy.
Failure of Consultant to maintain any of the insurance coverages set foith above shall
constitute a material breach of this Agreement.
5.NOTICE
Any notice to the parties required under this agreemcnt 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:
N:C~itW k
Attn;Brad Deets
Title:Dcvelo ment Services Direcioi
Address:230 W.Hickman Road
City,State:Waukee IA 50263
N:~PN -N tt
Att:~Eil N
T tl:~Pt M
Address:4125 Westown Pk Suite 100
City.State:West Des Moines Iowa 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
nccessaiy to perform work within the State of Iowa.
7.STANDARD OF CARE
Setvices 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 paytnent of
salaries,wages,payroll taxes,unemployment benefits,or any other form of compensation or
benefit to Consultant or Consultant's employees,representatives or othm 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.
NON-DISC R IMINATI ON
Consultant vvill 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 thc maximmn 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
investigativc 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 hinds 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 Consultiint as provided in
Section 18(6)of this Agreement.
13.AUTHORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acknov"ledge 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 bc performed if such work causes thc aggregate amount
payable undct the amendment,order or dircctivc to cxcccd 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 cosis of the additional
work has bccn made.
B.Thc 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 arc
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 perfoimed 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 tiles 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 thc 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
thc tcims 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 I'ederal 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 cmployce working for thc Consultant,to solicit or secure this
Agreement,and that the Consultant has not paid or agreed to pay any conqaany or person
other than a bona fide employee,any fee,commission,percentage.brokerage fce.gift or
contingent fee.
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.
I g.SUSPENSION AND TERMINATION OF AGREEMENT
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 setvices
shall be made by the City for services perfottned to the date established in thc suspension
notice.Should the City rcinstatc thc 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 tcn (10)days written notice to thc 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 thc date the Agreement is terminated.
The City may also terminate this Agreement at any time if it is found that the Consultant
has violated any material tetm 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 thc default.
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 bc deducted
from the balance which would have been due to the Consultant had the Agreetnent not
been terminated and work completed in accordance with contract documents.
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 thc Agrecmcnt.City shall have ten (10)days from noti1tcation to remedy the
conditions constituting the default.
19.TAXES
The Consultant shall pay all sales and usc taxes required to be paid to the State of Iowa on
the work covered by this Agreemenu The Consultant shall exccutc and deliver and shall
cause any sub-consultant or subcontractor to execute and deliver to thc City certificates as
required to permit the City to mateo application for refunds of said sales and use taxes as
applicablc.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 HEADINOS
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 instmments 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
xvhich 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 ftrst above written.
CONSULTANT CITY OF WAUKEE
Title:Project Manager,Shive-Hattery
By;
William F.ear,Mayor
ATTACHMENT I
SCOPE OF SERVICES
PROJECT DESCRIPTION
The City of Waukee seeks to develop a vision for a consistent and cohesive identity for the community.
Shive-Hattery will guide a steering committee through an interactive and collaborative design process
resulting in a plan representing the preferred style,size,materiality and locations of a family of features
for the purpose of announcing gateways,providing wayfinding and enhancement of community identity.
Services will include development of budgetary fabrication and installation costs.
SCOPE OE SERVICES
Provide Landscape Architectural,Environmental Graphic Design and Civil Engineering services to
complete the following tasks to deliver a Gateway,Wayfinding &Community Identity Plan and Cost
Opinion;
A.Steering Committee Kick-Off Meeting -Goals,Strategy,Inventory Kick-Off Meeting
(Meeting ¹I );
1)Prior to the meeting,S-H will gather existing project plans,maps and aerial
photography.
2)Meet with the steering committee to determine goals and objectives.Discuss
schedule and priority locations for various features.
3)Conduct idea-generation exercises to foster discussion about perceptions and
expectations.The exercise is intended to inform style and material palette and provide
direction for concept development.
4)Participate in a tour of Waukee to fully understand the context for each sign type.
B City Council Workshop Presentation and Exercise (Meeting ¹2)
1)Present a brief presentation on the proposed process crafted for development of the
Waukee's Gateway,Wayfinding &Community Identity Plan.
2)Engage Council members to contribute expected outcomes to guide the vision and
provide design inspiration for signage options.
C.Site Analysis &Base Mapping:
1)Based on key direction of location for proposed or current location of existing features,
collect and confirm limitations through site analysis of existing conditions.
2)This phase of the effort offers an opportunity to leverage student resources from the
Waukee APEX program to assist with site analysis.
3)Develop a plan with targeted locations for the various features of the family.
4)For the three priority entrance features,provide a review that considers design
speeds,vision envelopes,existing or required easements and possible acquisition
necessary to properly place features.
5)Community site tour to understand the experience and context of the proposed
locations.
D.Concept Development:
1)Develop up to three (3)distinctly different themes and variants of each as necessary
to graphically communicate options for Steering Committee member input.
2)Concepts will include a primary entrance feature and a secondary family member to
illustrate versatility of each design.Additional family members will be developed after
the preferred concept is determined.
E.Steering Committee Meeting (Meeting ¹3):
1)Present the preliminary concepts and discuss the merits of each.
2)
3)
4)
5)
6)
Sketches and plan graphics will provide enough detail to facilitate the input process.
Renderings of concepts both during the day and at night.
Accept initial/in-meeting comments and direction from committee and allow the
committee to circulate and collect additional feedback as necessary.
Review the location plan and confirm or refine the targeted locations for the various
features of the family.
Obtain direction on a preferred concept for further refinement and development of
additional family members.
F.City Council Workshop Concept Presentation (Meeting ¹4)
1)Present the preliminary concepts for discussion and direction.
2)Engage Council members to seek feedback and direction.
G.Concept Refinement and Development of the Gateway,Wayfinding 8 Community Identity
Plan draft.
1)Refinement the preferred concept.
2)Develop additional family member of required features.
3)Consider details regarding fabrication for access,ease of maintenance and ensure
cost-effective construction methods.
4)Develop a draft of the Gateway,Wayfinding 8 Community Identity Plan.
5)Develop an opinion of cost to include additional engineering and design,fabrication
and installation.
H,Steering Committee Meeting (Meeting ¹5):
1)Present the refined concept and with all recommended family members necessary to
meet the various site constraints.
2)Develop photo-realistic rendering of primary features to illustrate size,scale and
impact.
3)Present budgetary opinion of probable cost and discuss a prioritization plan.
4)Make refinements and final adjustments based on Steering Committee input.
Final Presentation (Meeting ¹6):
1)Participate in a presentation of the finalize concept to Council.
J.Final Deliverable:
1)The final deliverable will be a PDF of the Gateway,Wayfinding 8 Community Identity
Plan including cost opinion.Image files of key renderings will be provided for the
City's use in promoting the project.
ADDITIOIVAL SERVICES
Unless specifically stated in the Scope of Services,any resilient design related services including areas of
resistance,reliability and redundancy (i.e.flood protection,storm/tornado shelter,emergency generators,
utility backup,etc.)are not included in this proposal.
The following are additional services you may require for your project and can be provided our current
hourly rates:
1.Meeting beyond those listed above
2.Preliminary and Final Design/Construction Documents
3.Structural Engineering
4.Civil Engineering
5.Construction Administration
6.Real Estate Acquisition Services
7.Field surveys,topographic survey
8.Permitting
9.Utility locates
ATTACHMENT 2
PROJECT SCFIEDULE
The time of completion ol'the scope of services under this Agreement shall be as follows:
We will work the Steering Committee to refine the following,proposed schedule:
December 2018:Council Workshop Presentation,Kick-off Meeting ¹1,Site Analysis &Base
Mapping
January 2018:Concept Development and Meeting ¹2-¹4
February 2018:Meeting ¹5,Finalize Gateway,Wayfinding 8 Community identity Plan and Cost
Opinion and present at various City meetings.
March 2018:Final Council Presentation (Meeting ¹6)and final deliverable.
ATTACHMENT 3
SCHEDULE OF FEES
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
$0.54 per mile.
3.Charges for outside services such as soils and materials testing,fiscal,legal will be billed
at their invoice.
All other direct expenses will be invoiced at cost.
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