HomeMy WebLinkAbout2021-09-20-I01J Trails Master Plan_Professional Services AgrAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 20, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Agreement for
Professional Consulting Services with RDG Planning & Design [Trails Master
Plan]
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City of Waukee has requested RDG Planning &
Design provide professional services to develop a Trails Master Plan for the
City. The plan will accomplish the following:
• Comprehensive look at our current trail system
• Consideration of needed connection points and feasibility of trails in certain
areas.
• Utilize the neighborhood design plan, Kettlestone Master Plan and the Sugar
Creek Watershed study to determine trail routes
• Evaluation of our greenbelts, current and future neighborhoods, and
transportation corridors to develop a network of trails
• Develop a trail wayfinding system
• Connection opportunities to other cities and trails in the region
• Prioritize improvements to the existing system that may be needed to fill
connectivity gaps or reach high use destinations
The schedule for developing the plan is as follows:
• Project Management (Throughout duration of project)
• Technical Development Complete (November)
• Park Board Presentation (November)
• City Council Presentation (December)
• Implementation Strategies (January)
• Deliverables (February – March)
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:Not to Exceed $47,000
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Approve Payment
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Contract
PREPARED BY: Matt Jermier
I1J
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
RDG PLANNING & DESIGN [TRAILS MASTER PLAN]
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 consultant services of RDG Planning & Design for the
Trails Master Plan Project; AND,
WHEREAS, the scope of services include a comprehensive review and evaluation of the current
trail system in order to develop trail designs, connections and wayfinding;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with RDG Planning & Design [Trails Master
Plan] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of
September, 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Waukee, City of – Trails Master Plan
[project description – see Attachment 1]
City Project No. _______
RDG Project No. 3005.052.00
This Agreement is made and entered into this twentieth day of September, 2021, by and between
City of Waukee, a municipal corporation, hereinafter referred to as "City," and RDG IA Inc d/b/a
RDG Planning & Design, (Fed. I.D. #42-1029385), a professional 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 authorized reimbursable
expenses, pursuant to the Schedule of Fees set forth in Attachment 3.
I. Basic Services of the Consultant
A. Basic Services Professional Fee $ 47,000.00
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.
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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 without giving the City at least thirty (30) days written notice by registered mail,
return receipt requested.
D. The Consultant shall provide evidence of professional liability insurance, by an insurance
company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims
arising out of the professional liability of the Consultant. Consultant shall provide City
written notice within five (5) days by registered mail, return receipt requested of the
cancellation or material alteration of 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.
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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: RDG IA Inc d/b/a RDG Planning & Design
Attn: Matt Jermier Attn: Scott Crawford, PLA, ASLA, LEED AP
Title: Parks and Recreation Director Title: Principal
Address: 805 University Avenue Address: 301 Grand Avenue
City, State: Waukee, IA 50263 City, State: Des Moines, IA 50309
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.
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
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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
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
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and setting forth the amount of compensation to be paid, such amendment, order or
directive to be signed by the authorized City representative. It is the Consultant's sole
responsibility to know, determine, and ascertain the authority of the City representative
signing any amendment, directive or order.
14. OWNERSHIP OF CONSULTING DOCUMENTS
All sketches, tracings, plans, specifications, reports, and other data prepared under this
Agreement shall become the property of the City; a reproducible set shall be delivered to the
City at no additional cost to the City upon completion of the plans or termination of the services
of the Consultant. All drawings and data shall be transmitted in a durable material, with
electronic 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 effected by the City giving written notice to the Consultant, and shall be effective
as of the date established in the suspension notice. Payment for Consultant's 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 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.
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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
By: ____________________________________ By: __________________________
Scott Crawford, PLA, ASLA, LEED AP Courtney Clarke, Mayor
Principal
RDG IA Inc d/b/a RDG Planning & Design
Attachment 1
scope of services
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc
Attachment 1
scope of services
page 2 of 4
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc
Attachment 1
scope of services
page 3 of 4
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc
Attachment 1
scope of services
page 4 of 4
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc
Attachment 2
schedule
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc
Attachment 3
schedule of fees
RDG Planning & Design
301 Grand Avenue Tel 515.288.3141
Des Moines, Iowa 50309 Fax 515.288.8631 www.rdgusa.com RDG IA Inc