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HomeMy WebLinkAboutSmithgroup Lakeshore Park 2019 ORIGINAL 31-ILLSitof Oshkosh PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the 6th day of March, 2019 by and between the CITY OF OSHKOSH, WISCONSIN,hereinafter referred to as CITY,and SMITHGROUP,44 E.MIFFLIN STREET,SUITE 500, MADISON,WI 53703,hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Professional Services Proposal dated February 7, 2019, and Revised Scope and Fee Proposal dated February 28,2019, and attached hereto. In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: (RAY MAURER,PARKS DIRECTOR) SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional Services Proposal. CITY may make or approve changes within the general Scope of Services contained within the Professional Services Proposal and in this AGREEMENT.If such changes affect CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us RECORDS AND INSTRUMENTS OF SERVICE All reports, drawings, software, data, computer files, and other materials, documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CTIY. Any document related to this agreement, whether in electronic or paper form, is considered a public record and shall be provided to the City upon request. The CONSULTANT may provide the City with an explanation of why they believe any document should not be released to the public. The City shall make all final determinations regarding the existence or release of any document related to this agreement. TERM AND TERMINATION A. Term. This Agreement shall commence upon the date indicated above and shall terminate on December 31, 2019, unless terminated earlier by one of the parties as provided below, except that CITY may extend this Agreement,upon written notice to CONSULTANT. B. Termination. 1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the other party shall have the right to terminate this Agreement by written notice. In this event,the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice. 2.For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. TIME OF COMPLETION The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include,but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of performance by the CITY. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. SUSPENSION,DELAY,OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In such event,CONSULTANT's contract price and schedule shall be equitably adjusted. ASSIGNMENT CONSULTANT shall not have the right to assign this Agreement without the written prior consent of the City. INDEPENDENT CONSULTANT CONSULTANT is an independent CONSULTANT and is not an employee of the CITY. COOPERATION IN LITIGATION AND AUDITS CONSULTANT shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City(collectively, the"City" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which CONSULTANT is a named party and CONSULTANT and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include,but shall not be limited to,responding to requests for documents and/or other records, and making CONSULTANT's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse CONSULTANT for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion,such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries,benefits and other employee compensation. CONSULTANT shall not be entitled to additional compensation for employee services provided under this paragraph. STANDARD OF CARE The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional CONSULTANTs or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. CITY RESPONSIBILl'1'IES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. CONSULTANT may reasonably rely upon the accuracy,timeliness,and completeness of the information provided by CITY. To prevent any unreasonable delay in the CONSULTANT's work,the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the not-to-exceed amount of $49,250.00 as outlined in the Consultant's Revised Scope and Fee Proposal dated February 28,2019,attached hereto. B.Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s)for withholding payment. - C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute,of the Wisconsin Statutes,the City further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation,where such liability is founded upon or grows out of the acts or omission of any of the officers,employees or agents of the City of Oshkosh while acting within the scope of their employment. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers,employees and agents while acting within the scope of their employment INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Services. WHOLE AGREEMENT/AMENDMENT This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term,covenant or condition contained herein. NO WAIVER Failure of either party to insist upon the strict performance of terms and provisions of this agreement,or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision,and that term of the provisions shall continue in full force and effect. NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement SEVERABILITY If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. CHOICE OF LAW AND VENUE The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first above written. In the Presence of: CONSULTANT S..1r1-4-&,o"f 0smlthGooi,�� B ,i .�C OIZp ....SS V,c, fi 2..5-1 o e....rr (Seal o&ONSULZA 'q,, °S (Specify Title) •if a Ccipo>at lz), .` c :�1;4; `._ CITY SHKOSH ..._...z:7 By: Mark A. Rohloff, i a er tness) )-- / 'And: { t b1 )JJ -ss)Oail Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay c: ri the liability which will accrue under this contract 41. ,,,,,Ar-- orney City omptroller OSHKOSH LAKESHORE PARK SMITHGROUP PROPOSAL Revised Scope and Fee - 02-28-2019 ANALYSIS AND VISION a. Kick Off Meeting with staff and the Advisory Park Board:We will begin with back-to-back meetings with City Staff and the Advisory Park Board (Meeting#1)to better understand the process to date and identify strengths,opportunities,and challenges of the site.We will discuss the schedule and expectations for the team and refine the proposed process to align with project goals.We would also suggest meeting with representatives from Oshkosh Corp during this visit to better understand their development and invite employees to participate during the visioning and concept public meetings. b. Site Analysis:Following the project kickoff,we will collect available data and information pertinent to the project and analyze impacts and opportunities for the site.This will include the following: ■ Green Infrastructure- review available topographic,vegetation,soils and drainage information to identify green infrastructure and preservation opportunities.As part of this task we will also analyze shoreline conditions and opportunities, Floodplain/Floodway elevation and location. ■ Context and Connectivity- identify surrounding linkages for pedestrians, bikes,and vehicles as well as access to parking facilities and nearby destinations. Review both and land water-based opportunities as part of a broader water-based recreation framework for the lakes and river. ■ Infrastructure Capacity- based on available records from the City Engineering Department, provide preliminary assessment of power,data,water and sewer infrastructure sizing and capacity for the proposed park improvements. ■ Current Plans- review Comprehensive Outdoor Recreation Plan (CORP),Oshkosh Corp campus plan,and Rainbow Park plan and apply guidance to site program and facilities.Identify opportunities to implement goals and specific recommendations of the CORP. ■ Cultural and Community Research -conduct research and collect information from the community to identify historic features and cultural meaning that might inform the design of the park. ■ Operations and Maintenance- identify existing and desired operations and maintenance standards, including desired level of cost recovery from City staff,to be considered in programming and planning alternatives. ■ Funding Opportunities- assess potential grants and other funding sources to guide program development and planning alternative. c. Launch Citizen Survey:Using the City's POLCO software,we will launch a survey to gauge priorities for program and design.We will assist the City's communication staff on a rollout plan for online engagement and directing residents to the survey. d. Public Visioning Meeting(Public Meeting#1)The first public meeting will clarify the goals and aspirations for the project.We will solicit input regarding opportunities to improve the park for both regular daily use and for special event use.We will seek insight on sources of community inspiration, heritage,and pride.And,finally,we will expand on the wish list for park program amenities in order to work toward the generation of a comprehensive park program, identifying the range of uses,sizes and • requirements for the various areas and amenities desired within the conceptual plan. . PHASE 1 DELIVERABLES: ■ Draft survey questions (Word) ■ Analysis of existing conditions and future needs (diagrams in PDF and accompanying text/analysis in Word/Excel) ■ Public Visioning Meeting materials(meeting flier in PDF, boards, input exercises,summary of results) CONCEPTUAL DESIGN a. Final Program Development:With information from the Public Visioning Session and survey results,we will meet with the Advisory Park Board,Sustainability Advisory Board,and Pedestrian and Bicycling Advisory Committee to validate the results and finalize the park program (Joint Meeting). b. Guiding Principles:We will develop a series of planning principles,aligned with pertinent goals from the CORP,to guide program development and planning alternatives. Principles will reflect community input gathered in Phase 1 and be used as defensible criteria to review and select a preferred alternative in this phase. c. Conceptual Design Alternatives:The SmithGroup Team,which includes landscape architects,engineers, and planners,will collaborate to generate up to three conceptual design alternatives.We will offer alternatives for how to address the shoreline and access to the lake; how to arrange and locate gathering spaces of a range of types and sizes;and where to site opportunities for special amenities and public artwork. d. Draft Alternatives:We will present up to three design alternatives at an Advisory Park Board meeting where the public will be invited to review the concepts(Public#2) .At the conclusion of the meeting, the design team will confirm with the Advisory Park Board the preferred concept based on input provided and feedback from the Board. PHASE 2 DELIVERABLES ■ Guiding Principles and Program summary(PDF) ■ 3 draft concept plans(PDF) ■ Public meeting materials (boards, input exercises) OPTIONAL SERVICES: OPERATIONS + BUSINESS PLAN PROS Consulting will assist SmithGroup on the Master Plan for Lakeshore Park and will develop the program,operational,and business plan to support the outcomes desired to meet the requirements outlined in the master plan. This will provide support for the management structure to implement the maintenance needs as outlined and to ensure the assets of the redesigned Lakeshore Park are well maintained to create the highest level of use and safety for users of the park and recreational facilities. The organizational structure and staffing requirements will be developed around best practices that focus on operational efficiencies, policy development,process improvements,system and technology, marketing and communication capabilities and how to program the park to maximize the use and value to the community and the visitors to Lakeshore Park. • Recommended management and operational standards,goals,and practices will be clearly defined in order to provide guidance on the operational requirements to achieve the long-term goals of the park. This will include implementation of recommended core programs and services,recommended staffing and workforce development,and a projected operating pro forma. PREFERRED CONCEPT PLAN a. Design Refinement:The design team will develop the preferred concept plan incorporating input and guidance from the Advisory Park Board.The design will include an overall park plan and sections, elevations or perspective renderings to illustrate the overall design character.A draft budgetary estimate will be completed reflecting the preferred design along with recommended funding and phasing strategies.We will present the draft plan,capital improvement program,and phasing plan to the Advisory Board (Meeting#3)for final input. b. Presentations:We will return to present the preferred concept plan to the Plan Commission and Common Council at one meeting each prior to final adoption by the City. PHASE 3 DELIVERABLES ■ 25 black and white copies of the draft plan and color PDF for digital distribution ■ Meeting presentations(PDF) ■ 25 color copies of the final plan ■ Electronic copies of the plan (PDF,InDesign,Illustrator,CAD) ■ 2 mounted color concept maps COMPENSATION We will complete the work outlined in the scope of services for a fixed, lump sum fee of$49,250, inclusive of direct costs.This breaks down as follows: Phase 1 Analysis and Vision: $16,250 Phase 2 Conceptual Design: $18,000 Phase 3 Preferred Concept Plan: $15,000 Approximately$2,000 has been allocated for internal direct expenses, including project travel, printing and production,delivery,communications and other related project and meeting support needs. OPTIONAL SERVICES - OPERATIONS AND BUSINESS PLAN Per our proposal,we have retained PROS Consulting to provide optional Operations and Business Plan services if desired by the City.The cost for these services ranges from $10,000-$20,000 based on chosen scope and number of in-person meetings.