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HomeMy WebLinkAbout2021-12-20-I07 Professional Services Agreement_Waukee Public Safety Design Services AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 20, 2021 AGENDA ITEM: Consideration of approval of a resolution approving Agreement for Professional Consulting Services with OPN Architects [Public Safety Facility Project, Architectural Services] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Pursuant to the direction provided by the City Council, a Request for Qualifications for architectural services for the proposed Waukee Public Safety Facility was issued on October 18, 2021. The City received several qualified proposals. A committee made up of Police Department and Fire Department representatives interviewed a total of seven firms. After careful review of the proposals and consideration of past experience and the interview process, the committee has recommended OPN Architects for architectural services. The current scope of work includes verification of space needs and programming, initial site plan development and initial architectural rendering as well as a detailed cost estimate for the proposed project. Pending completion of this work product and satisfaction, it is anticipated that the City would enter into a second contract with OPN Architects for the final design, bidding and construction services associated with the project. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $29,500.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution. It is anticipated that this phase of the project will begin in early January and be completed in July 2022. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. Professional Services Agreement PREPARED BY: Brad Deets, Assistant City Administrator REVIEWED BY: . I7 THE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH OPN ARCHITECTS INC. [WAUKEE PUBLIC SAFETY FACILITY] 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 significant growth over the last decade has created a need for expanded facilities for the Waukee Police Department and Waukee Fire Department (Public Safety Facility); AND, WHEREAS, in anticipation for a new Public Safety Facility to meet the needs of the growing departments, the City has purchased property located at the corner of T Avenue and NW Douglas Parkway; AND, WHEREAS, the City issued a Request for Qualifications for Architectural Services for facility programming, conceptual design, architectural renderings and budget determination; AND, WHEREAS, after careful consideration of the proposals received as well as in person interviews, City staff would recommend OPN Architects, Inc. for the proposed Waukee Public Safety Facility project; 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 OPN Architects, Inc. [Waukee Public Safety Facility] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of December, 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 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement is made and entered into this _20th_ day of _ December_, 2021, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and __OPN Architects, Inc.__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 $__29,500__, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. 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. 2 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. 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. 3 FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: OPN Architects, Inc. Attn: Brad Deets Attn: Danielle C. Hermann, AIA Title: Assistant City Administrator Title: Associate Principal Address: 230 W. Hickman Road Address: 100 Court Ave., Suite 100 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 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. 4 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 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 5 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. 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 6 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. 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. 7 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: __________________________ Name: __Danielle C. Hermann, AIA__ _ Courtney Clarke, Mayor Title: __Associate Principal, OPN Architects 8 ATTACHMENT 1 SCOPE OF SERVICES 9 ATTACHMENT 2 PROJECT SCHEDULE The time of completion of the scope of services under this Agreement shall be as follows: December 15, 2021 Brad Deets Assistant City Administrator City of Waukee 204 W. Hickman Road Waukee, IA 50263 RE: City of Waukee Public Safety Facility Concept – Professional Services Agreement – OPN Architects Dear Brad, OPN Architects is excited to partner with you and your community to provide this summary of professional concept design services for your new public safety facility. Please find below information on our proposed services to complete a Concept Design Deliverable with optional services to support your referendum. Project Criteria Based upon our OPN response to your request for proposals we have developed our scope of services and fee upon the following criteria: Site Location: southeast corner of future T Avenue and Douglas Parkway intersection Project’s physical characteristics: Based on information provided in the RFP and the program, spatial needs and site assessment completed by Farnsworth Group in 2018, the current projected size of the new public safety facility is projected to be approximately 65,000 square feet. The site will also house ancillary functions, such as fire training space, water tower, etc. and will be planned accordingly. Building Program: Refer to information prepared by Farnsworth Group and included with the request for proposals. OPN will review, refine, and confirm the program with city and stakeholders as part of these concept design services. Owners Estimated Construction Budget: OPN will work with the City and Stecker Harmsen, cost estimator, to prepare concept cost estimate information as part of the services provided. Project Schedule OPN will meet a mutually agreed upon schedule for the delivery of pre-design services. We understand that Waukee anticipates information from concept design services to be ready for use in a possible referendum for fall 2022 (September 1). Timely receipt of information and feedback from the Owner and stakeholder groups will be critical in maintaining project progress and schedule. An example schedule is offered here. The schedule breaks down into the following phases and tasks, with durations having the potential to vary or overlap, with anticipated kick-off in early January 2022: Visioning and Programming – 4 weeks · Kickoff Meeting with owner/steering committee · Affinity and Preference exercises with stakeholder group(s) · Sustainability charette · Benchmarking · Confirm/affirm space needs for the building and departments · Summary meeting with steering committee to review findings · Community Event Siting and Layout Schemes – 4 weeks · Study site layout requirements · Review diagrams, schemes, and options · Review concept floor plan scenarios · Refine site and floor plan scenarios for preferred schemes Concept Design + Peer Review & Costing – 10 weeks: · Massing and 3D study of approved concept floor plans · Review visuals describing materials and exterior views of the building · Refine exterior views of the building and interior concept study · Peer review and concept refinement based on feedback · Work with cost estimator to prepare construction & project cost estimate · Review estimates, clarify as needed and discuss schedule considerations Final Deliverable Preparation – 2 weeks Optional Referendum Support – 2-month duration: · Conduct background research (past referenda, public perception, etc.) · Prepare messaging and structure/plan for communications & engagement · Facilitate engagement and consensus building meetings · Prepare visuals and materials (examples: printed, video, social media, web, etc.) Scope of Services OPN Architects will prepare concept design deliverables and assist in preparation and refinement of concept cost estimate with cost estimator. No other consultant services are included with these concept design services. OPN has assumed a mix of in-person and virtual meeting platforms as needed throughout these concept design services. Once the City of Waukee has secured support and is prepared to move forward with project execution, OPN will provide a proposal for architectural design services to complete the project. The design team will be ready to offer full design services, including schematic and design development, construction documents, additional cost estimation, assistance with bidding and full construction administration services and will work with the City to build the appropriate consultant team. Compensation Professional fees are based on OPN Architects providing full architectural design services for the project once funding and support is secured and the project is ready to move forward. The professional fee for developing the scope of services outlined in this proposal will be a lump sum fixed fee of Twenty-Nine Thousand Five Hundred Dollars ($29,500.00) plus additional services or reimbursable expenses if necessary. The estimated hours and fee are summarized below as follows: Visioning + Program Affirmation Associate Principal 16 hours Project Architect 40 hours Landscape Architect 4 hours Sustainability Director 8 hours Emerging Professional 64 hours Siting and Layout Schemes Associate Principal 16 hours Project Architect 32 hours Landscape Architect 24 hours Sustainability Director 4 hours Emerging Professional 64 hours Concept Design Associate Principal 18 hours Project Architect 48 hours Landscape Architect 6 hours Sustainability Director 12 hours Emerging Professional 120 hours Cost Estimating Associate Principal 2 hours Project Architect 8 hours Landscape Architect 2 hours Sustainability Director 2 hours Emerging Professional 16 hours Stecker Harmsen 60 hours Final Concept Deliverables Associate Principal 4 hours Project Architect 12 hours Landscape Architect 2 hours Sustainability Director 2 hours Emerging Professional 32 hours Total Lump Sum Fee $29,500.00 Reimbursable Expenses Reimbursable expenses are included in the fees indicated above through final concept deliverables. Reimbursable expenses incurred throughout the referendum support phase, if services or support are desired as an additional fee, are in addition to the above fee and would include: authorized out-of-town travel, courier services, express mail, reproduction of project documents, physical models, meals and mileage at the government standard rate. The majority of expenses during the referendum support phase would be incurred in printing services. Additional Services Geotechnical Services and/or Site Surveying Civil Engineering Services Structural Engineering Services Mechanical and Electrical Engineering Services Virtual Reality and Virtual Tools Photography and Videography Services Contract Agreement This Letter of Proposal is intended to document the primary issues concerning our Agreement Between Owner and Architect. Once details of this proposal are confirmed, we would plan to finalize our agreement using the City’s form of contract. We understand that embarking on an effort to plan and design for the future of our community is a huge opportunity. Our team has enjoyed the time we have been able to spend meeting and working with the City of Waukee thus far. We know that our experience and expertise will be a perfect fit for your project. Our team is versed in visioning, programming, space planning, concept design and helping our clients create a prioritized and navigable plan for a successful referendum. We would be honored to be a part of your project! Please review this proposal and let me know if you have any questions. Thank you. Danielle C. Hermann, AIA Associate Principal, OPN Architects 10 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2021 STANDARD HOURLY RATE SCHEDULE Cedar Rapids 200 Fifth Avenue SE Ste. 201 Cedar Rapids, Iowa 52401 (319) 363-6018 Des Moines 100 Court Avenue Ste. 100 Des Moines, Iowa 50309 (515) 309-0722 Iowa City 24 ½ S. Clinton Street Iowa City, Iowa 52240 (319) 363-6018 Madison 301 N. Broom Street Ste. 100 Madison, Wisconsin 53703 (608) 819-0260 opnarchitects.com OPN ARCHITECTS Hourly Rates – 2021 Principal $260 Associate Principal $180 Associate $155 Practice Leader $155 Senior Project Manager/Senior Project Architect $140 Project Manager/Project Architect $120 Architect $105 Intern Architect 3 $90 Intern Architect 1-2 $75 Senior Interior Designer $100 Interior Designer $85 Construction Administrator $105 Architectural Technician $80 Directors of Business Support $125 Business Support Specialist $85 Marketing Specialist $80 Administrative Support $60 College Interns $45