HomeMy WebLinkAbout2019-11-18-J01D Waukee Public Works Expansion Study Eng AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 18, 2019
AGENDA ITEM:Consideration of approval of a resolution approving Agreement for
Professional Consulting Services with Farnsworth Group [Waukee Public
Works Expansion Study]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Farnsworth Group (formerly Design Alliance) team
members will work closely with City Staff and other Stakeholders to
accomplish the project in a precise, consensus-based way. The objective will
be to involve staff in a way that will create functional and efficient buildings,
while ensuring future conceptual layouts are envisioned appropriately while
considering future improvement projects and developments adjacent to the
Public Works facility.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
Hourly Not to Exceed $12,500
Reimbursable expenses $ 1,500
Total $14,000
A schedule of fees is set forth in Exhibit D of the agreement.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Agreement for Professional Consulting Services
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1D
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
FARNSWORTH GROUP, FORMERLY DESIGN ALLIANCE, INC.
[WAUKEE PUBLIC WORKS EXPANSION STUDY]
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, the City desires to retain the services of Farnsworth Group, formerly Design
Alliance, Inc., to help create functional and efficient buildings, while ensuring future conceptual
layouts are envisioned appropriately while considering future improvement projects and
developments adjacent to the Waukee Public Works facility; AND,
WHEREAS, the City Attorney has reviewed the Agreement for Professional Consulting
Services and finds it satisfactory;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with Farnsworth Group, formerly Design
Alliance, Inc. [Waukee Public Works Expansion Study] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 18th day of
November, 2019.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
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EXHIBIT A
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
WAUKEE PUBLIC WORKS EXPANSION STUDY
This Agreement is made and entered into this ________ day of ____________ 2019,
by and between City of Waukee, a municipal corporation, hereinafter referred
to as "City," and Farnsworth Group formerly Design Alliance, Inc. a corporation
incorporated and licensed under the laws of the State of Iowa, party of the
second part, hereinafter referred to as "Consultant" as follows:
THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS
DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE
PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR
THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT.
1. SCOPE OF SERVICES
Services provided under this Agreement shall be as further described in
Attachment 1, Scope of Services.
2. SCHEDULE
The schedule of the professional services to be performed shall conform to
the Schedule set forth in Attachment 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 sum HOURLY NOT-TO-EXCEED,
including any authorized reimbursable expenses, pursuant to the
Schedule of Fees set forth in Attachment 3.
I. Architectural Services of the Services for a public works facility
expansion study in the amount of hourly not to exceed $12,500.
Reimbursable Expenses $ 1,500.00
Total $ 14,000.00
including reimbursables.
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B. The Consultant shall invoice the City monthly for services, any
reimbursable expenses and any approved amendments to this
Agreement, based upon services completed at the time of the invoice.
Final payment shall be due and payable within 30 days of the City's
acceptance of Consultant's submission of final deliverables in
accordance with the Scope of Services.
C. In consideration of the compensation paid to the Consultant, the
Consultant agrees to perform all professional services to the satisfaction of
the City by performing the professional services in a manner consistent
with that degree of care and skill ordinarily exercised by members of
Consultant's profession currently practicing under similar circumstances. If
the performance of this Agreement involves the services of others or the
furnishing of equipment, supplies, or materials, the Consultant agrees to
pay for the same in full.
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
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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 $2,000,000 for claims arising out of the professional liability of
the Consultant. Consultant shall provide City written notice within forty-five
(45) 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.
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: Farnsworth Group formerly
Design Alliance, Inc.
Attn: Rudy Koester Attn: Jerry Purdy, AIA, AEB
Title: Public Works Director Title: Principal
Address: 805 University Ave. Address: 14225 University Ave
City, State: Waukee, IA 50263 City, State: Waukee, Iowa 50263
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.
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8. INDEPENDENT CONTRACTOR
Consultant understands and agrees that the Consultant and Consultant's
employees and representatives are not City employees. Consultant shall be
solely responsible for payment of salaries, wages, payroll taxes,
unemployment benefits, or any other form of compensation or benefit to
Consultant or Consultant's employees, representatives or other personnel
performing the professional services specified herein, whether it be of a
direct or indirect nature. Further, it is expressly understood and agreed that
for such purposes neither Consultant nor Consultant's employees,
representatives or other personnel shall be entitled to any City payroll,
insurance, unemployment, worker's compensation, retirement, or any other
benefits whatsoever.
9. NON-DISCRIMINATION
Consultant will not discriminate against any employee of applicant for
employment because of race, color, sex, national origin, religion, age,
handicap, or veteran status. Consultant will, where appropriate or required,
take affirmative action to ensure that applicants are employed, and that
employees are treated, during employment, without regard to their race,
color, sex, or national origin, religion, age, handicap, or veteran status.
Consultant will cooperate with the City in using Consultant's best efforts to
ensure that Disadvantaged Business Enterprises are afforded the maximum
opportunity to compete for subcontracts of work under this Agreement.
10. HOLD HARMLESS
Consultant agrees to indemnify and hold harmless the City, its officers,
agents, and employees from any and all claims, settlements and judgments,
to include all reasonable investigative fees, attorney's fees, and court costs
for any damage or loss which is due to or arises from a breach of this
Agreement, or from negligent acts, errors or omissions in the performance of
professional services under this Agreement and those of its sub consultants or
anyone for whom Consultant is legally liable.
11. ASSIGNMENT
Consultant shall not assign or otherwise transfer this Agreement or any right or
obligations therein without first receiving prior written consent of the City.
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12. APPROPRIATION OF FUNDS
The funds appropriated for this Agreement are equal to or exceed the
compensation to be paid to Consultant. The City's continuing obligations
under this Agreement may be subject to appropriation of funding by the City
Council. In the event that sufficient funding is not appropriated in whole or in
part for continued performance of the City's obligations under this
Agreement, or if appropriated funding is not expended due to City spending
limitations, the City may terminate this Agreement without further
compensation to the Consultant. To the greatest extent allowed by law, the
City shall compensate Consultant as provided in Section 18(6) of this
Agreement.
13. AUTHORIZED AMENDMENTS TO AGREEMENT
A. The Consultant and the City acknowledge and agree that no
amendment to this Agreement or other form, order or directive may be
issued by the City which requires additional compensable work to be
performed if such work causes the aggregate amount payable under the
amendment, order or directive to exceed the amount appropriated for
this Agreement as listed in Section 3, above, unless the Consultant has
been given a written assurance by the City that lawful appropriation to
cover the costs of the additional work has been made.
B. The Consultant and the City further acknowledge and agree that no
amendment to this Agreement or other form, order or directive which
requires additional compensable work to be performed under this
Agreement shall be issued by the City unless funds are available to pay
such additional costs, and the Consultant shall not be entitled to any
additional compensation for any additional compensable work
performed under this Agreement. The Consultant expressly waives any
right to additional compensation, whether in law or equity, unless prior to
commencing the additional work the Consultant was given a written
amendment, order or directive describing the additional compensable
work to be performed and setting forth the amount of compensation to
be paid, such amendment, order or directive to be signed by the
authorized City representative. It is the Consultant's sole responsibility to
know, determine, and ascertain the authority of the City representative
signing any amendment, directive or order.
14. OWNERSHIP OF CONSULTING DOCUMENTS
All sketches, tracings, plans, specifications, reports, and other data prepared
under this Agreement shall become the property of the City; a reproducible
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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.
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.
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18. SUSPENSION AND TERMINATION OF AGREEMENT
A. The right is reserved by the City to suspend this Agreement at any time.
Such suspension may be affected by the City giving written notice to the
Consultant, and shall be effective as of the date established in the
suspension notice. Payment for Consultant's services shall be made by the
City for services performed to the date established in the suspension
notice. Should the City reinstate the work after notice of suspension, such
reinstatement may be accomplished by thirty (30) days written notice
within a period of six (6) months after such suspension, unless this period is
extended by written consent of the Consultant.
B. Upon ten (10) days written notice to the Consultant, the City may
terminate the Agreement at any time if it is found that reasons beyond
the control of either the City or Consultant make it impossible or against
the City's interest to complete the Agreement. In such case, the
Consultant shall have no claims against the City except for the value of
the work performed up to the date the Agreement is terminated.
C. The City may also terminate this Agreement at any time if it is found that
the Consultant has violated any material term or condition of this
Agreement or that Consultant has failed 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.
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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.
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CONSULTANT CITY OF WAUKEE
By: ________________________________ By: __________________________
Name: Jerry Purdy, AIA, AEB William F. Peard, Mayor
Title: Principal
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EXHIBIT B
ATTACHMENT 1
SCOPE OF SERVICES
The work to be performed by the Consultant under this agreement shall
encompass and include detailed work, services, materials, equipment and
supplies necessary to complete analysis and design for the project.
PROJECT UNDERSTANDING
Every project is unique and Farnsworth Group emphasizes understanding each project and responding
with services and solutions unique to each situation.
SERVICES
Design Alliance team members and consultants will work closely with City Staff and other Stakeholders
to accomplish the project in a precise, consensus-based way. The objective will be to involve the staff
and community in a way that will create functional and efficient buildings, while ensuring passage of
the referendum.
INFORMATION GATHERING/PROGRAMMING:
• The first task will be to determine the make-up of the committee with whom we will work and
be accountable. During this initial planning meeting we will also discuss communications,
responsibilities and protocol.
• We will accomplish an initial investigation of the parameters of the project. We will review
previous work accomplished. The Team will obtain current copies of Departmental
Organizational Structures, reflecting the Department Administrators of each program
component of the project.
• Design Alliance, Inc. uses a consensus-based process which brings together all participants
and the Community. We anticipate a general goal setting meeting that will raise,
document, and prioritize goals for the project. This goal setting workshop is important
because it establishes the priorities that will be used as decisions are made throughout the
remainder of the project.
• It is necessary for Design Alliance to become intimately familiar the needs of the City. We
will need to raise the level of detail for the departments impacted by this project. The best
way to accomplish this will be to personally interview key staff members to get their thoughts
and preferences about the design of the building. We will review the facilities presently used
by the department for the intended activities and review their success and needs for
improvement with people familiar with their operation.
• Space Needs Assessment: On the basis of information or documentation obtained, the
Design Team will either develop or confirm a space‐by‐space tabulation of spatial needs of
the project out 10 years as well as prototypical space layouts.
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FACILITY SITE ANALYSIS:
• Site analysis is a critical part of your project. We will begin by completing site designs in order
to establish required site areas for the proposed facilities. During this process we will review
local zoning and building codes.
• The Team will obtain, to the extent possible, existing aerial photographs, area maps and
survey information to assist in documenting the size and the location of primary features. This
would include buildings, paved areas, major landscape elements, adjacent environmental
jurisdictional limits and other physical aspects that potentially affect or impact upon current
and future needs of the facility.
• The Design Team will utilize documentation relative to codes and/or development
requirements, including criteria relative to buildable area, height limitations, parking
requirements, provision of utilities, setbacks and similar factors which may potentially impact
upon land usage. The design team will then provide evaluation criteria including:
o Appropriate Surrounding Land-use
o Site Size/Ease of Expansion
o Land-use/Acquisition
o Zoning
o Access: Vehicular/Pedestrian/Public Transportation
o Proximity to Potential Hazards
o Ease of Acquisition
Adequacy of Infrastructure
• After decisions are made about site criteria, the design of the facility will be refined.
Compliance with any City / County / State / Federal requirements will be critical.
DESIGN COMPLETION:
• Design at this phase is an iterative process. Options will be explored, discussed, evaluated
and revised for improvement. Review sessions will be held, and revisions made until needs
are met. Three-dimensional overall computer models will be created.
• Cost estimates will be accomplished during the process. Design Alliance uses the services of
a third-party cost estimator in order to get accurate results. This process has resulted in bids
being about 2% under our estimates over the past seven years. However, it will be the
responsibility of all entities involved to share information and preferences regarding costs.
This issue is extremely important.
• We will make adjustments to the designs and estimates as needed.
• Design Alliance, Inc. will prepare a presentation drawing suitable to communicate the
selected designs to interested stakeholders and others beyond the core committee.
• We will have meetings with other City Officials for the purpose of obtaining their input and
approval for the project.
Design Alliance will help with a community outreach effort. The purpose of the outreach effort will be to
communicate accurate and unbiased information to the community. The options which have been
explored must be set forth. The costs must be documented in terms that the voters will understand.
Graphics must communicate a frugal, efficient, professional approach to the project.
CONSTRUCTION DOCUMENTS
During the construction document phase, we propose to meet with the Owner’s Team to resolve all
issues related to the construction of the project. In this phase, we will generate the final project details,
elevations, wall sections, and specifications necessary for competitive bid. Design Alliance, Inc. has built
a very strong reputation in the construction industry due to the detail and thoroughness of our
construction documents. This allows contractors to be more accurate and competitive with their bids.
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A critical part of the Construction Document effort is the coordination of the Architectural, Structural,
Mechanical, and Electrical aspects of a project.
COST CONTROL MEASURES
Control of Construction Costs is critical to the success of every project. Funds are limited and it is
important to keep the project under control. The cost of construction must be established early and
accurately for the project to proceed smoothly. It is important to understand that the responsibility for
keeping the project on budget will be up to all participants.
The City must do their part and must make decisions about project scope when needed. These are not
easy responsibilities – but are critical to the success of the whole.
CONSTRUCTION ADMINISTRATION PROCEDURES
We will work closely with the Owner and the Contractor during the entire construction phase. During
construction we will evaluate the building and all its components as construction occurs. Throughout this
process we will review shop drawings, the contractor’s applications for payment, and oversee the
construction in partnership with the Contractor. The following will be done during construction:
Pre-Construction Meeting
Site Visits, Bi-Weekly
Reports of Construction Progress
Budget Tracking
Change Order Preparation
Architect's Field Reports
Shop Drawing Review
Color Scheme Preparation
Certification of Payments
Issue Resolution
Substantial Completion Inspection
Certificate of Substantial Completion
POST CONSTRUCTION
Following construction, we will be available for service to the Owner on an ongoing basis for the life of
the building. We are interested in our own post-occupancy evaluations and in seeing that our buildings
function as designed.
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EXHIBIT C
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as
follows:
Month 1 Meet with department to review concepts
Month 2 Revise concepts and create final for estimating
Month 3 Cost estimates created and presentation materials
Month 4 Present to interested parties.
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EXHIBIT D
SCHEDULE OF 2019 HOURLY RATES
Principal - Architecture $206.00
Senior Architectural Manager $182.00
Architectural Manager $173.00
Senior Project Architect/Senior
Project Manager $162.00
Project Architect/Project Manager $148.00
Senior Architect/Senior Project
Coordinator $135.00
Architect/Interior Design Manager/
Designer III/Project Coordinator $128.00
Senior Interior Designer/Designer II $112.00
Designer I $101.00
Administrative Support $70.00
REIMBURSABLE EXPENSES
All materials and supplies used in the performance of work on this project will be billed at cost.
Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal
Revenue Service. Service vehicle mileage will be reimbursed based on $0.54 per mile.
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.