HomeMy WebLinkAbout2021-11-01-J01E_03 Professional Services Agr_PW 2nd Floor Expansion\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 1, 2021
AGENDA ITEM:Consideration of approval of a resolution approving Agreement for
Professional Consulting Services with Farnsworth Group [Public Works
Facility Second Floor Expansion Project]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The work performed by Farnsworth Group shall
encompass and include detailed work, services, materials, equipment and supplies necessary to
complete the analysis and design for the Public Works Facility Second Floor Expansion Project.
This project is part of the draft FY 2023 CIP. Total budget in the draft FY 2023 CIP is $325K. Project
schedule is currently set to take bids in January 2022 and complete construction by November 2022.
The Professional Consulting Services Agreement with Farnsworth Group is for $20,700.00 which is
approximately 6% of the total project cost.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: 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 of the agreement.
Basic Services of the Consultant
A.Hourly Not to Exceed $ 19,200
B.Reimbursable Expenses $ 1,500
Total $ 20,700
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 RK
J1E3
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
FARNSWORTH GROUP [PUBLIC WORKS FACILITY SECOND FLOOR
EXPANSION PROJECT]
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 Farnsworth Group for the
Public Works Facility Second Floor Expansion Project; AND,
WHEREAS, the scope of services include detailed work, services, materials, equipment and
supplies necessary to complete the analysis and design for the Public Works Facility Second
Floor Expansion Project;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services between Farnsworth Group and the City of
Waukee, Iowa [Public Works Facility Second Floor Expansion Project] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 1st day of November,
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 PUBLIC WORKS BUILDING 2ND FLOOR EXPANSION
This Agreement is made and entered into this 1ST day of November 2021, 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 Waukee Public Works Building 2nd Floor
Expansion in the amount of:
Hourly Not To Exceed: $ 19,200.00
Reimbursable Expenses $ 1,500.00
Total $ 20,700.00
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
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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 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
$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
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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.
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
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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
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. If 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
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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 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.
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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 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.
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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.
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 Courtney Clarke, Mayor
Title: Principal
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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
Farnsworth Group 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.
• Farnsworth Group 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 Farnsworth Group 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.
SCHEMATIC DESIGN/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.
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• Cost estimates will be accomplished during the process. Farnsworth Group 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.
• Farnsworth Group 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.
Farnsworth Group 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. Farnsworth Group 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.
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
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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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ATTACHMENT 2
PROJECT SCHEDULE
The time of completion of the scope of services under this Agreement shall be as follows:
Month 1 (November 2021): Meet with department to review concepts. Revise
concepts and create final for estimating.
Month 2 (December 2021): Create Bidding Documents
Month 3 (January 2022): Bid Project
Month 4 (February 2022): Construction Commences
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ATTACHMENT 3
SCHEDULE OF 2021 HOURLY RATES
Principal - Architecture $215.00
Senior Architectural Manager $190.00
Architectural Manager $181.00
Senior Project Architect/Senior
Project Manager $170.00
Project Architect/Project Manager $153.00
Senior Architect/Senior Project
Coordinator $143.00
Architect/Interior Design Manager/
Designer III/Project Coordinator $133.00
Senior Interior Designer/Designer II $117.00
Designer I $107.00
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 $0.56 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.