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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 X X 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,