HomeMy WebLinkAbout2016-09-06-Resolutions 16-400_Joint Park-High School Facility - Master Plan AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-400
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN
THK CITY OF WAUKEE AND CONFLUENCE,INC.[SCHOOL AND RECREATION
COMPLEX MASTER PLANNING SERVICES]
IN THE NAMEAND BYTHEAUTHORITYOF THE CTTYOF WAUKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the City is in the process of acquiring property for a shared campus for the Waukee
Community School District and a recreational complex;AND,
WHEREAS,City staff recommends retaining the services of Confluence,Inc,for Master Planning
Services;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 Confluence Inc.
[School and Recreation Complex],attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City of Waukee,Iowa,and approved the 6'"day of September,2016.
'liam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
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NAY ABSENT ABSTAIN
AGREEMENT FOR PROFKSSIONAI,CONSULTING SERVICES
iMASTER PLANNING OF THE WAUIWE EIIGH SCHOOL AND CITY RECREATION
COMPLEX
This Agreement is made and entered into this l~day of ~~,2016,by and between
City of Waukce,a municipal corporation,hereinafter referred to as "City,"and Continence,Inc.,
(Fed.ID I'42-1475404),a "C"corporation incorporated and licensed under the laws of thc State
of iowa,party ol'the second part,htaeinafter referred to as "Consultant"as follows:
TIIE CITY HI,REBY AGREES TO RETAIN THE CONSUL'I'ANT FOR TIIE PRO.IECT AS
DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE
PROFESSIONAL SERVICES AND FURNISH TIRE NECESSARY DOCUMENTA'I ION FOR
THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT.
1.SCOPE OF SERVICES
Services provided under this Agreemcnt shall be as further described in Attachment I,Scope
of Services.
2.SCHEDULE
The schedule of the professional services to be performed shall conform to the Schedule set
forth in Attachntent 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 thc scope of services,.a change in the scale of the Project or delays resulting
I'rom 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 sum NOT-TO-EXCEED,including any authorized
reimbursable expenses,pursuant to the Schedule of Fees set forth in Attachment 3,
I.13asic Services of the Consultant
Task I:Programmiug and Analysis $14,500
Task 2:Revised Preliminary Master Plan $14,000
Task 3:Regional Stoma Water Analysis,Grading and Utilities $40,500
Task 4:Opinion of Probable Cost,Package Development,Phasing $10,000
Task 5:Final Master Plan $9.000
Total $gg,000 including reimbursables
The Consultant shall invoice the City monthly for services,any reintbursable expenses
and any approved amendments to this Agreement,based upon services acluallv
completed at the time of'the invoice.I'inal payment shall be due and payable within 30
days of the City's accep1ance of Consultanfs submission of final delivcrables in
accordance v,ith the Scope of Setvices.
In consideration of the compensation paid to the Consultant,the Consultant agrees to
perl'orm all professional services to the satisl'action 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 currency 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 1he san&e
in full,
4.INSURANCE
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.
Consrdtant sltall provide insurance coverage for and on behalf of Consultant that vdll
sufficiently prolect.Consultant or Consultant'representative(s)in connection with the
professional services which are to be provided by Consultant pursuant to 1his A&reernent,
including protection from claims for bodily injury,dea1h,property damage,and lost
income.Consultant shall provide vvorker's compensation insurance coverage for
Consultant and all Consultant's personnel.Consultant shall file applicable insurance
certiftcates with the City,and shall also provide evidence of the following additional
coverage.
Tire 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 utd/or
death,:$1,000,000 general aggregate personal injury ancl/or death;ancl $1,000,000 for
each property damage accident.The evidence shall designate the City as an additional
insured,ancl 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 properxy damage combined.Thc 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 registerecl mail,
return receipt requested.
D.'I'he 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.Consululnt shall provide
Ci1y written notice within live (5)days by registered mail,return teceipt requested of thc
cancellation or material alteration of the professional liabili1y policy.
E.I'ailure of Consultant.to maintain any of the insurance covcragcs set l'orth above sisal!
constitute a material breach of this Agreement.
5.NO I'ICE
Any notice to the paities required under this agreement shall be in writing,delivered io ihe
person designated below,by United States mail or in hand delivery,at the indicated adchess
unless otherwise designated in writing.
FOR THE CITY:
:~Ct fW F
Attn:Brad Deets
Title;Develo ment Services Director
Address:230 W.Hickman Road
City,State:Waukee IA 50263
FOR THE CONSUI,TANT:
Name;Confluence
Attn:Matthew Carlile
Title:Princi al
Address:525 17'"Street
City,State:Des ivioines IA 50309
6.CiENERAL COMPLIANCE
In the conduct of the professional set&Sees contemplated hereunder,ihc Consultant shall
comply vvith applicable state,federal,and local law,rules,and regulations,technical
standaixls„or specifications issued by the City.Consultant must qualify for inad obtain any
required licenses prior to commencement of vvork,including any professional licenses
necessary to perform work within the State of Iowa.
7.STANDARD OF CARE
Services provided by the Consultant under ibis Agreement shall be performed in a nianner
consistent with that degree of care and slcill orclinarily exercised by members ot'ihe sanie
profession currently practicing under similar circiunstances.
8.INDEPENDENT CONTRACTOR
Consultant understands and agrees that the Consultant and Consultant's employees and
reprcsentiitives are not City employees.Consultant.shall bc solely responsible for payment of
salaries,.wages.,payroll taxes.,unemployment benefits,or any other form of compensation or
benefit io Consultiuit or Consultant's employccs,representatives or other personnel
performing the professional services specified herein,vvheiher 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,reprcscntaiives or other personnel shall be entitled to
any City payroll,insurance,unemployment,worker's compensation,rctircmenh or any other
benefits whatsoever.
9.NON-DISCRIMINATION
Consultant will noi discriminate against any employee of applicant for cmplovmcnt becruise
of race,color.,sex.national origin,religion,age,handicap,or veteran status.Consultant will,
where appl'opllate ol'required,take 'tfflrmatlve action to ettsure that appllcallts al'c enaploycd,
and that employees are treated,during employment,v,ithout regard to their race„color,sex,
or national origin,religion,age,handicap,or veteran status.Consultant vvili cooperate with
the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises
are afforcled the maximum opportunity to compete for subcontracts of work under this
Agrcenacnt,
10.HOI,D HARMLESS
Consultant,agrees to inclemnify and hold harmless the City,its officers,agents.,and
employees from any and all claims,settlements and judgntents,to include all reasonable
investigative fees,attorney's fees.,and court costs for any damage or loss which is due to or
arises fiom a breach of'this Agreement,or fiom negligent acts,errors or omissions in the
performance of professional services under this Agreement and those ol'iis sub consultants or
anyone for vvhom Consultant is legally liable.
11.ASSIGNMENT
Consultant shall not assign or otherwise transfer this Agreement or any right or obligations
therein vvithout first receiving prior written consent of the City.
12.APPROPRIATION OF I"UNDS
The funds appropriated for this Agreement are equal to or exccecl 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
appropriatecl in whole or in pari for continuecl performance of the City's obligations under
this Agreeinent,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 Iaw,the City shall compensate Consultant as provided in
Section 18(6)of this Agreement.
13.AIJTI-IORIZED AMENDMENTS TO AGREEMENT
A.The Consultant and the City acknovvledge and agree thai no amendment to this
Agreetnent or other form,order or directive naay be issued by the City vvhich requires
additional compensable work to be performed if such tvork causes the aggregate ammutt
payable under the amendment,oi'der or directive to exceed the alnoulli appi'opl'lated for
this Agreement as listed in Section 3,above,unless the Consulttutt has been given a
written assurance by ihe City thai lawful appropriation to cover the costs of the additiomd
vvorl&has been made.
B.The Consultant ancl the City further acluiowledge and agree that no amendment to this
Agreement or other form,order or directive which requires aihliiional contpensable worlc
to be performed under ibis Agrcetuent shall be issued by the City unless funds are
available to pay such additional costs.,and thc Consultant shall not be entitled io any
additional compensation for any additional compensable worlc performed under this
A&g&reement.The Consultant expressly waives any right to additional compensation,
whether in lavv or equiiy,unless prior to commencing thc arlditional ivork the Consult&uii
was given a written amendntent,order or directive describing the additional compensable
work to be performed and setting forth the amount of compensation to be paid,such
amendmeni&order or directive io be signed by the authorized City representative.It is thc
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 slcetches,tracings,plans,specifications,reports,ancl other data prepared under this
Agreement shall become the property of the City;a reproducible sct shall be delivered to the
City ai no additional cost to the City upon compleiion of the plans or termination of the
services of the Consultant.All drawings and data shall be transmitted in a durable material,
v:ith electronic files provided when feasible to do so.The Consultant's liability for use of the
sketches,tracings,plans,specifications,rcports,and other data prepared under this
Agreement shall be limitecl to the Project.
15.IiNTF RPRE'rA I ION
No amendment or modification of this Agreement shall be valid miless expressed in writing
&uid executed by thc pariies hereto in ihe same liialillel'&ls tlie execution of the Agreement.
This is a completely iniegrated Agreement and contains ihe entire agreement of the parties;
any prior wvitten or oral agreements shall be of no force or eftect and shall nnt bc binding
upon either party.The laws of the State of Iov&a shall govern and any judicial action under
the terms of this Agreement shall be exclusively within the jurisdichon of the district couri.
for Dallas County,Iowa.
16.COMPLIANCE WITId FEDERAL LAW
To the extent any fecleral appropriation has or will be provided for the Project,or any federal
requirement is imposed on the Project,Consultant agrccs that Consuhant will comply ivith all
relevant lav's&rules and regulaiions imposed on City and/or Consultant necessary for receipt
of the federal appropriation.Consultant shall provide appropriate ccrtificaiion regarding
Consultant's compliance.
I 7.SOI,ICITATION AND PERFORMANCE
Ihe Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee ivorking 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 fce,gift or
contingent fee.
The Consultant shall not engage the seri ices 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.SDSPENSION AND TERMINATION OF AGREElvIEiNT
The right is reserved by the City to suspend this Agreement at any time.Such suspension
may be effected by the City giving ivriiien 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 elate established in the suspension
notice.Should ihe City reinstate the work after notice of suspension,such reinstatement
may be accomplished by thirty (30)days iivitten notice v;ithin a period of six (6)months
after such suspension,unless this period is cxiended by written constnii of the Consultant.
Upon ten (10)days mitten notice to the Consultant,thc City may ierminate thc
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 Agrcemcnt.In
such case,the Consultant shall have no claims against ihe City except for the value ol the
work performed up to the date the Agreement is terminated.
The City may also trnminate this Agreement at any tinre if ii is found that the Consultant
has violated any material term or condition of this Agreement or that Consultant has
failed to maintain ivorkers'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 ivritten notice io the Consultant of the City's intent to terrnillate the Agreement.
Consultant shall have ten (10)days from notification to remedy the conditions
constituting the default.
In the event thai ibis Agreement is terminated in accordance ivith paragraph C ol'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 iiork shall be deducted
from the balance which would have been due to the Consultant had the Agreement not
been terminated and ivork completed in accordance with contract documents.
The Consultant may terminate this Agreement if it is found thai ihe City has violated any
material term or condition of this Agreement.In the event of such default by the City.,tire
Consultant shall give ien (10)days written notice to the City of the Consultant's intmtt to
terminate the Agreement.City shall have ten (10)days from notification to remedy ihe
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 coverccl.by this Agreement.The Consultant shall execute and cleliver 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 reftntds of said sales and use taxes as
applicable.The City is a nuuiicipal corporation and not subject to stale and local tax.usc 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 rem'tining portions of this Agreement shall continue in full force ruicl effect.
21.IvIISCEI.I,ANEOI JS I IEADINGS
Title to articles,.paragraphs,and subparagraphs are for information purposes only and shall
not be considered a substantive part of this Agreemeitt.
22.FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments:utd documents
and to take all such other action as the othet party may reasonably request.fiom time io time
in order to effect the provisions and purposes of this Agreement.
23,COUNTERPARTS
Tliis 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
winch when taken together shall constitute ihe same instrument.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly
authorized oi'ficers or agents on the clay and year first above written.
CONSULTANT CITY OF WAUKEE
By:
Name:
Title:
By:
2illimF.Pcard,iVIayor
ATTACI-IMENT I
SCOPE OF SERVICES
The v'orl&to be perlormed by the Consul/oar un(ler this agrecmcnt shall encorllpass aad incluclc
detailed work,services,materials,equipment and supplies necessary to complete analysis aaci
design For the project.
Part One:Pro rammin and Anal sis
1.1 Review existing information and base mapping.Develop a series of maps that can be
used to gather information from both major stakeholders,
1.2 Kickoff Meeting:City of Waukee Staff (Parks and Recreation as well as Planning)
1.2.1 Team Introductions
1,2,2 Establish lines of communication
1,2.3 Key Stakeholders identification
1.2.4 Confirm preliminary program
1.2.5 Anticipated proiect schedule
1.3 Kickoff Meeting:Waukee Community School District
1.3.1 Team Introductions
1.3.2 Establish lines ol communication
1,3.3 Key Stakeholders identtfication
1.3.4 Confirm preliminary program
1.3.5 Anticipated project schedule
1.4 Joint Team Meetings:High level discussions on the long range future ot the Property.
1.4.1 Field locations and use
1.4.2 Grading and Drainage
1.4.3 Roadway /Parking Function
1,4.4 Event Space
1.4.5 Shared Use facilities
1.4.6 Other
1.5 Visit the Site:Walk and photograph areas of interest and/or concern.Develop a sile
analysis map that highlights the opportunities and constraints of the existing conditions.
(this will need to be completed as we will have access to the property for the first time
and can confirm some previous assumptions)
1.6 Space and Needs Facility Assessment:
1.6.1 City of Waukee:Parks and Recreation Staff,Planning Stall,Foth Engineering,
and Key Stakeholders (Youth Leagues)(One Full Day —meetings hourly)
1,6.1.1 Review the City of Waukee Park and Recreation facilities
1.6.1.2 Review the property and the preliminary concepts
1.6.1.3 Develop a list of community needs that have not been met at other
community parks.
1.6,1.4 identify opportunities within the new property to meet the demands
of above
1.6.1,5 Prioritize the opportunities identified
1.6.1,6 Document the MeetincJ
1,6.2 Waukee Community School District:FRK,Staff,Coaches,Administration,
Teachers,Others (One Full Day —meetings hourly)
1.6.2,1 Review the current High School Facilities
1.6.2.2 Review the property and the preliminary concepts
1.6,2.3 Develop a list of school needs.
1.6.2.4 identify opportunities within the new property to meet the demands
of above
1.6.2.5 Prioritize the opportunities identified
1.6.2.6 Document the Meeting
Part Two Revised Prelimina Master Plan
2.1 Preliminary Master Plan graphic for review and discussion.Developed based on
obtaining input gathered in Part One of this contract.
2.2 Preliminary Master Plan Presentation;City of Waukee,Waukee Parks and Recreation,
and FOTH Engineering
2.3 Preliminary Master Plan Presentation;Waukee Community School District and FRK
Architects
2.4 Refine Preliminary Master Plan:Based on Input/comments receivecl from the initial
presentations and modify the plans accordingly.
2.5 Preliminary Master Plan Presentation:Joint Meeting (City and District)Present final
option in a more refined form to Staff and Administration for review and comment.
2.6 Stakeholder Meetings:Present the agreed upon Preliminaiy Master Plan to the
individuals /stakeholders that we met with previousiy.Confirm that needs were met
and their voices were heard.(Again,a day-long session with the identified groups)(2
days total)
Part Three Re ionalStormWaterAnal sis Gradin and Utilities.
3.1 Continued coordination with Architects Frevert,Ramsey,Kobes as well as Foth
Engineering to ensure that our work coordinates with theirs.
3.2 Complete Regional Storm Water Analysis that would identify the following:
3.2.1 Water flow analysis
3.2.2 Detention basin requirements
3.2.3 Storm Water Piping requirements
3.2.4 Adjacent Roadway design impacts
3,2,5 Evaluate adjacent property development benefits (regional storm
detention)
3.3 Complete a Preliminary Grading Plan based on the Analysis developed on part 3.1.
3.3.1 Cut /Fili Calculations
3.3.2 Balancing the Site
3.3,3 Determine Storm Water Piping alignments
3.3.4 Adjacent roadway design impacts
3.4 Complete a Preliminary Utility Analysis based on items 3.1 and 3.2:
3.4,1 Identify major utility connection points
3.4.2 identify desired Utility Corridor routes
4.Part Four;0 inion of Probable Cost Packa e Deveio ment Phasin
4.1 Coordinate /Host /Attend meetings with ail parties involved to determine the best
and most economical approach to move forward with the project.(Must be
identified prior to phasing or issuance of final opinion of probable cost.)Example:
4.1.1 Combined Grading and Utility Package
4.1.2 District Footings and Foundations Package
4.1.3 District Site Development Package
4.1.4 City of Waukee Site Development Package
4,2 Develop an Opinion of Probable Cost based on all the information gathered and
created in the previous phases.
4,3 Coordinate with FRK Architects and Foth Engineering to identify any overlap in
scope and/or pricing of the project.
4.4 Phasing:This will likely be developed in two parts with a series of meetings with
each group.We understand that each group has different goals and funding
availability.We are committed to working with both to identify a phase one project
that can be implemented in a timely manner,as well as,identify future phases that
can be completed as demand develops or funds arrive.
5 Part Five;Final Master Plan
5.1 Prepare Final Master Plan Document (5-10 Page document (11xt 7)format)
5.1.1 Overall Site Master Plan
5.1.2 Overall Site Master Plan with Phases identified
5.1.3 Programming document —includes design diagram and programming text
5,1 4 Opinion of probable cost for all phases of the recommended park and
school improvements.
5.2 Present the final Master Plan to the Joint groups for final approval and
recommendation.
5.3 Present the Final Master Plan to City of Waukee Parks and Recreation Board.
5.4 Present the Final Master Plan to the Waukee Community School District School Board.
5.5 Formal presentation to the Waukee City Council for formal adoption.Meeting (9)
10
AT'I'ACHMENT 2
PRO.IFCT SCHEDULE
Thc time of completion of the scope of services under this Ay cement shall bc as follcnvs:
Task I:Progrtunming and Analysis
Task 2:Revised Preliminary Master Plan
Task 3:Storm Water Analysis,Grading,Utilities
Task ec Cost Opinion,Package Development,Phasing
Task 5:I'inal Master Plan
September 2016 —October 2016
October 2016 —December 2016
December 2016 —Febmary 2017
February 2017
February 2017 —April 2017
12
ATTACHMEN'I'3
SCI-IEDIJLI'011 Fl-"ES
CONSULTANT'S 2016 STANDARD HOURLY RATE SCHF DULE
CLASSIFICATION HOURI,Y RATE
CONFLUKNCK:
IUIatt Carlile
Tyler Amdt.
Sharmon Gapp
BISHOP FNGINEERING:
$155.00
$70.00
$65.00
Principal
Survey Dcpanmcnt Manager
Clvll Engnleel'I
Civil Engineer 11
Civil Engineer III
Civil Engineer IU
Civil Engineer V
Land Surveyor I
I,andscapc Architect
Survey Coordinator
Sul'vey Technlcl all I
CAD Tech I
Field Engineer
One Man Survey Crew
Staking Crew
Court Testinlony/U,'itness
Inspector
Cleric a!
$175.00
$135.00
$135.00
$120.00
$100.00
$80.00
$70.00
$105.00
$100.00
$85.00
$75.00
$65.00
$75.00
$100.00
$130.00
$200,00
$80.00
$85.00
13
REIMBUIXSAHLK EXPENSES
1.All materials and supplies used in the performance of worl&on this project v;ill be billcrl
at cost.
2.Auto mileage will be reimbursed per the standard mileage reimbursement established by
the 1nternal Revenue Scrvicc.Service vehicle mileage will be reimbursed on the basis of
S0.54 per utile.
3.Charges for outside services such as soils ancl materials testing,fiscal,legal vvill be billed
at their invoice.
4.All other direct expenses will be invoiced at cost,