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HomeMy WebLinkAbout2017-04-17-J03 PSA_Design Alliance_Public Safety AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 17, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Professional Services Agreement with Design Alliance, Inc. [Waukee Public Safety Space Needs Assessment] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: As a part of the budgeting process for the next fiscal year, the City Council approved funding for the completion of a needs assessment for Public Safety (Police and Fire). Staff interviewed two firms for the completion of the study and is recommending entering into a professional services agreement with Design Alliance, Inc. for the completion of the study. The scope of the work consists of working with a committee to fully understand the current and future needs of the department, tours of other facilities, site selection, conceptual design and cost estimating. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $42,500 which has been included in Fiscal Year 2018 budget COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The Professional Services Agreement has been reviewed and approved by the City Attorney RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement PREPARED BY: Brad Deets REVIEWED BY: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF WAUKEE AND DESIGN ALLIANCE, INC. [PUBLIC SAFETY FACILITY NEEDS ASSESSMENT] 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 has determined the need to do a facility needs assessment for Public Safety Departments; AND , WHEREAS, City staff recommends retaining the services of Design Alliance, Inc, for a Space Needs Assessment; 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 Design Alliance, Inc. [Public Safety Space Needs Assessment], attached hereto as Exhibit A, is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 17th day of April, 2017. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WAUKEE PUBLIC SAFETY FACILITY STUDY This Agreement is made and entered into this 19th day of December, 2016, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and Design Alliance, Inc. (Fed. ID #42-1062556), a C 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 NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant Task 1: Facility Study for new Public Safety Facility $42,000 Task 2: Reimbursable Expenses $500.00 Total $42,500 including reimbursable 2 B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. 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 3 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) 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: Design Alliance Inc. Attn: Rebecca D. Schuett Attn: Jerry Purdy, AIA, AEB Title: City Clerk Title: President Address: 230 W. Hickman Road 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. 4 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. 12. APPROPRIATION OF FUNDS 5 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 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 6 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. 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and 7 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. 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 8 certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 20. SEVERABILITY If any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. 21. MISCELLANEOUS HEADINGS Title to articles, paragraphs, and subparagraphs are for information purposes only and shall not be considered a substantive part of this Agreement. 22. FURTHER ASSURANCES Each party hereby agrees to execute and deliver such additional instruments and documents and to take all such other action as the other party may reasonably request from time to time in order to effect the provisions and purposes of this Agreement. 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall constitute an original document, no other counterpart needing to be produced, and all of which when taken together shall constitute the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or agents on the day and year first above written. CONSULTANT CITY OF WAUKEE 9 By: ________________________________ By: __________________________ Name: Jerry Purdy, AIA, AEB William F. Peard, Mayor Title: President 10 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 Design Alliance emphasizes understanding each project and responding with services and solutions unique to each situation. The Design Alliance team worked to build consensus in the community, assessed the scope of the project, assisted with site selection, and designed a new building for Waukee’s needs. Design Alliance helped to prepare materials and information for a bond referendum. 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. The techniques we use ensure all interests are heard and needs addressed. Each individual will be able to see how their needs or preferences fit within the needs and preferences of others. Our techniques are informative, fun, and build camaraderie in the design and construction process. 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 Fire Department and the Police Department. 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. • We will conduct building tours of similar facilities in attendance of the committee so ideas can be openly exchanged. 11 • 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 and 20 years as well as prototypical space layouts. • The Design Alliance team will review the forecast of personnel requirements for the Public Safety Buildings as identified for the study in 10 and 20-year milestone periods. The following information shall be utilized: o Population - Census Information o Historical trends analysis o Division or entity-specific factors o Accessibility to the Public o Sociological factors that may potentially impact upon personnel requirements o Legislated Mandated criteria (Federal, State) which would impact personnel requirements o Impact of Federal Grant Programs • Design Team shall develop and confirm a space-by-space tabulation of spatial needs as documented to identify current and future space needs to the years 2026 and 2036. Public Safety Facility Site Selection: • Site analysis and comparison is a critical part of your project. We will begin by completing hypothetical 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 Design Team will identify and gather information on the site selection candidates. In concert with City representatives, the Design Alliance Team will develop a site selection matrix of critical site characteristics affecting suitability for project needs. • 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 for the objective consideration of each site, 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 o Adequacy of Infrastructure The Design Team will: o Provide a weighted “criteria value” for each of the above referenced factors, based upon their respective overall value or degree of importance o Conduct a detailed evaluation of the sites and provide the same information in a written report o Verify and/or make recommendations as to the use of the referenced sites, the need for additional sites and/or the possible acquisition of adjacent or nearby properties o Provide an initial ranking of site development candidates based upon a weighted value of evaluation criteria. o Compare findings with evaluation of existing facilities o Determine feasibility of multi-story facilities (zoning, function, cost impacts) o Prepare initial “order of magnitude cost analysis” for each site • After decisions are made about site selection, the design of the facility will be refined. Compliance with any City / County / State / Federal requirements will be critical. 12 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 explore the LEED guidelines and the opportunities the LEED program will have on the project. LEED is an environmental and sustainability program that recognizes buildings and building owners for leadership in energy efficient design. Key staff members proposed for the project are LEED accredited. • 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 tone of the information provided is critical. The need for the new facility must be proven. The benefits must be explained. 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. PASSING THE REFERENDUM Design Alliance will help with efforts related to the funding of the project. We have a strong record of past success with referendum passage. The communication of accurate and unbiased information to the community is the primary objective during the entire project. • Design Alliance will use our proven consensus-based process to gather input from the community. • We will use our creativity to reach out to the voters in a way that is unique to your project and your community. We have participated in community parades and “meet the teacher nights.” We have staffed a booth at a July 4th celebration. We have prepared materials to distribute to the community. In Johnston, we helped with preparation of a video that was used in a community outreach effort. • We will design a building that is cost effective and efficient. We will not design a Taj Mahal. • Design Alliance will provide direct support for the referendum committee. • Our experience with successful referenda have allowed us to “boil down” the key components critical to success: o Communication of accurate, unbiased, and relevant information is critical. Design Alliance, Inc. will help communicate information about a bond issue. We will help create a brochure that explains the design and its costs. An example of such a brochure is shown inset. We will attend meetings to help the committee present the design to local groups and to answer questions. o A community group should be formed to support the referendum. This group must advance the project. We can help in the background with material and information, but the prime movers must be the community group. o The design committee needs to explore all options for the facility. It is critical to evaluate the construction costs for different building materials. We will explore several alternative design concepts and budgets for each. 13 o It is important to properly communicate the perceived quality of the new project during the referendum so the design is not perceived as extravagant or wasteful. ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: Task 1: Task 2: Task 3: Task 4: Task 5: 14 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2016 STANDARD HOURLY RATE SCHEDULE Principal/Architect $175.00 Senior Architect $158.00 Project Architect $150.00 Architect $124.00 Project Manager $105.00 Senior Designer $100.00 Senior Draftsman $ 85.00 Junior Draftsman $ 63.00 15 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. 4. All other direct expenses will be invoiced at cost.