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HomeMy WebLinkAboutVandewalle and Associates Implementation Services AgreementVANDEWALLE & ASSOCIATES INC. July 8, 2021 Agreement for Implementation Services 2021-2022 THIS AGREEMENT is made and entered into by and between the "Client" City of Waterloo, Iowa, and VANDEWALLE & ASSOCIATES, Inc., Madison, Wisconsin, a professional planning and design firm. Article I Scope of Work A. VANDEWALLE. & ASSOCIATES agrees to provide the following "Services": WORK ELEMENT 1: DOWNTOWN MASTER PLAN IMPLEMENTATION Work with the City to expand and implement the detailed development plan for downtown Waterloo, to include the following: a. Work with the City and Waterloo Development Corporation to identify the downtown projects that would be eligible for anticipated federal stimulus funding b. Continue to develop and implement the downtown Master Plan, including both priority projects on both the east and west sides c. Develop graphics, including concept design, whitepapers, and web -based graphics as needed to illustrate visionary concepts for redevelopment d. Continue to update redevelopment Master Plan, including perspectives showing proposed uses, density, and massing along Commercial and Jefferson corridors 120 East Lakeside Street • Madison, Wisconsin 53715 • 608.255.3988 • 608.255.0814 Fax 247 Freshwater Way, Suite 530 • Milwaukee, Wisconsin 53204 • 414.988.8631 www.vandewalle.com Shaping places, shaping change VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 2 e. Assist with financing strategies that promote economic development, such as tax increment financing and economic impact forecasting f. Advise the City on coordination of downtown marketing effort, including collaboration with the City on marketing materials and providing design review assistance g. Provide ongoing implementation assistance for housing projects that are underway h. Provide general assistance to the City as requested WORK ELEMENT 2: CENTRAL CITY LIVE LEARN INITIATIVE a. Continue to work with Mayor and City Staff on "Central City Live Learn Neighborhood Initiative," including coordination between existing efforts and stakeholders, managing the implementation of the initiative, preparing projects to apply for Housing of Urban Development funding anticipated from the federal government as part of the economic recovery efforts b. Assist with concept development through whitepapers and graphics/maps, and data collection/analysis as needed to support current efforts by City and public and non-profit partners c. Continue to assist in launching new redevelopment sites and uses for the project "pipeline" on both the west and east sides, including the Walnut neighborhood, Church Row, and Highway 63 corridor d. Development of outline for architectural guidelines for key neighborhood corridors and areas where redevelopment/revitalization on a block -by -block basis is a priority e. Advise on implementation of Walnut Street and Church Row Neighborhood planning efforts f. Advise on Opportunity Zone projects, including packaging projects for investment, developer recruitment, design concept development g. Work with City, property manager, owners, and future developer to reposition Black's Building as a catalytic redevelopment project, as well as adjacent blocks for redevelopment h. Coordinate with the City on East 4th Street Development i. Coordinate with the City on a possible SSMID j. Continue to advance and track metrics related to impact of the City Central Live Learn Initiative VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 3 k. Continue to advance workforce training initiatives, including building trades and advanced manufacturing, through support of partner initiatives WORK ELEMENT 3: MARINA SITE AND OTHER CEDAR RIVER PROJECTS a. Assist City with positioning project for anticipated federal stimulus funding in addition to identifying and tracking other funding opportunities applicable to the project, such as Great Places program, TAP funding, or others b. Work with the City and the Waterloo Development Corporation to identify an operator and operating plan for the Marina, including multi -family housing, paddlesports/recreation business, and other uses c. Help recruit and vet additional housing and retail/commercial prospects for the Marina site, including temporary uses like local food trucks to support seasonal activity on marina site d. Coordinate with other City/INRCOG consultants on shoreline, potential "cove" recommendations, river access, docking, and site design e. Develop programming for downtown transient boat docking f. Provide advice on kayak course, fishing derbies, flatwater paddling, and other recreational programming opportunities, including potential canoe/kayak livery site g. Develop and maintain implementation strategy and operating plan, including project roles and responsibilities as the Cedar River project is implemented WORK ELEMENT 4: IOWA REINVESTMENT DISTRICT IMPLEMENTATION (NON - MARINA) a. Assist the City in planning for redevelopment of the TechWorks outlots, such as the marina site, retail sites, and sports -related uses, and including efforts to functionally integrate TechWorks into the downtown redevelopment Master Plan. These efforts will be conducted through regular calls, DBMT meetings, and review of materials b. Assist the City with marketing and positioning TechWorks outlots that will soon be transferred to the City. This can include partnering with TechWorks and John Deere to create a marketing/business plan for a potential supplier VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 4 park as part of the economic recovery efforts and response to the supply chain disruption c. Assist the City in implementing the projects in the Iowa Reinvestment District, including new opportunities in hotel, hospital, retail, and multi- family housing d. Assist in dek hockey relocation, including considering potential to support desired outcomes in the Iowa Reinvestment District e. Assist City Staff in activities to help support the hotel to recover from losses incurred during the covid-19 pandemic, including supporting recruitment of a new restaurant and aligning downtown redevelopment activities to increase room nights and associated tax revenues WORK ELEMENT 5: SPORTS RECREATION DESTINATION DISTRICT a. Advance the Recreation Sports District, including specific projects that support the district such as a second ice facility (youth hockey/curling/restaurant) b. Coordinate with the Cedar Valley SportsPlex and WDC on analysis and efforts for addition of competitive pool at the SportsPlex c. Assist in relocation of the dek hockey rink to support expanded use, and efforts to support expansion youth hockey d. Assist in strategy for marketing Sports Recreation District for current uses and future opportunities, in collaboration with the Experience Waterloo and the Sports Commission e. Position future Sports Recreation Destination District to attract additional visitors and events to the downtown area, including venues such as the Cattle Congress, Exchange Park and Riverfront Stadium, TechWorks, Young Arena, and Cedar Valley SportsPlex WORK ELEMENT 6: SUPERBLOCK REDEVELOPMENT With the assistance of City Staff, coordinate the redevelopment of the properties in the Superblock. (Note: Superblock is a four -block area around the Convention Center, including the Ramada hotel, parking structure, Courier building, and Cedar River Plaza building) to include the following: a. Assist City with positioning projects within the Superblock to be competitive for federal funding VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 5 b. Advise on use, density, and programming for Courier Block and adjacent buildings and sites, including both existing and future catalytic redevelopment sites c. Advise on priorities for phased development of Superblock properties d. Assist developer and others in coordinating site planning and architect's design review on Courier Block or other adjacent proposed development e. Advise on potential renovation of Econo Lodge project or other site uses f. Advise on redevelopment opportunities for the Cedar River Plaza building, including appearance improvements, river access options, and suggestions for tenant mix WORK ELEMENT 7: BRIDGE LIGHTING "EXPERIENCE" PROJECT a. Continue to facilitate relationship with potential lighting design consultant and help manage their scope of work, deliverables, and cost estimates b. Coordinate local/regional stakeholders on communication and/or input, planning, and strategy on implementation of bridge lighting project c. Work with City and Waterloo Development Corporation on public private partnership to develop and implement funding strategy for bridge lighting project d. Provide additional project support, as directed by the City WORK ELEMENT 8: PARK TO PARK DESTINATION DISTRICT ADVANCEMENT a. Assist City with packaging a competitive project for anticipated federal stimulus funding that includes Bridge Lighting, Veterans Way, Pocket Park, 218 Pedestrian Underpass, and the Sullivan Brothers Memorial Plaza b. Advance opportunities for projects in the "Park to Park" concept and "Veterans Way" concept to procure EDA funding, recently allocated in the CARES Act c. Support Mayor and City staff in procuring additional public and private sources of funding for projects in the "Park to Park" concept, including preparation of letters of intent or grant writing, in partnership with City staff d. Continue to develop design concepts, cost estimates, whitepapers, summary graphics, and partnership opportunities for projects within the overall Park to Park Destination District concept VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 6 WORK ELEMENT 9: BLIGHT ELIMINATION AND PROPERTY ACQUISITION a. Continue to update map and strategy with blight elimination and property acquisition targets b. Track property owner, assessed value, and anecdotal information regarding asking price, business status, and other relevant details c. Work with City and Waterloo Development Corporation on public private partnership to blight elimination and property acquisition d. Coordinate downtown redevelopment efforts with supporting blocks and neighborhoods including Walnut neighborhood, Church Row neighborhood, Franklin Gateway neighborhood, and Rath area. WORK ELEMENT 10: FUNDING PROCUREMENT AND TRACKING During the recovery period from the COVID-19 pandemic, it is anticipated that the federal government will be providing significant funds to assist with economic recovery efforts. The CARES Act has allocated $1.5 billion to the Economic Development Administration for economic recovery and it is anticipated that other stimulus funding will follow to refuel the economy. At the direction of City Staff, provide assistance in developing a funding strategy to include the following: a. Track the federal stimulus funds and position projects for the anticipated federal stimulus funding b. Develop and track sources of and deadlines for federal, state, and local funding opportunities c. Position projects by developing white papers and communication strategies to help recruit funding sources d. Track federal infrastructure -based funding programs, such as RAISE (DOT) and FTA for road/transit projects e. Support and assist the City in implementing the federal Opportunity Zone program, including design concept development and funding structures f. Add capacity to City Staff by providing grant writing services, as requested WORK ELEMENT 11: DEVELOPER RECRUITMENT ASSISTANCE As additional priority projects are identified during the contract period, assist the City with developer recruitment activities, including: VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 7 a. Project concept design and refinement, including design services to review architecture and graphic services to advance specific projects, including infill or other projects on the east side b. Participate in property owner negotiations and relocation strategies c. Participate in developer recruitment and negotiations, such as RFP/RFPs development, evaluation of responses, and developer selection d. Assist in financing strategy development e. Assist in design and development review WORK ELEMENT 12: COORDINATION FOR PMT/DBMT PROCESS With the assistance of City Staff, manage and coordinate the Project Management Team, to include the following: a. Identify priority focus areas and set related meeting agendas b. Facilitate Project Management Team and project -specific Design -Build Management Team meetings on a monthly basis or as needed c. Facilitate the Design Build Management Team process, including providing agendas, guidance, and recommendations on design review elements d. Continue to enhance public private partnership with Waterloo Development Corporation B. Additional Services may be provided at the request of the client through a 'Work Order". These services may include extra travel and meeting expenses or white papers. C. VANDEWALLE & ASSOCIATES agrees to provide its professional Services in accordance with generally accepted standards of its profession. Article II Client's Responsibilities A. Client agrees to provide VANDEWALLE & ASSOCIATES with all base maps, blueprints, aerial photos, studies, reports, and ordinances needed to complete these Services. VANDEWALLE & ASSOCIATES may reasonably rely on the accuracy and completeness of these items. Client agrees to provide these items and to render decisions in a timely manner so as not to delay the orderly and sequential progress of VANDEWALLE & ASSOCIATES Services. VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 8 B. The administrative liaison between VANDEWALLE & ASSOCIATES and the Client will be Noel Anderson, Community Planning Director. C. Client agrees that the following individuals are approved to authorize Additional Services via a Work Order: Name Title Name Title D. Client understands that any work product delivered in electronic form under this Agreement may require Client to use certain third -party hardware and/or software products. Client shall be solely responsible for obtaining licenses to use such third -party software. VANDEWALLE & ASSOCIATES makes no warranties or representations as to the quality, capabilities, operations, performance or suitability of any third -party hardware or software including the ability to integrate with any software currently in use by the Client. Client acknowledges that the quality, capabilities, operations, performance, and suitability of any third -party hardware or software lies solely with Client and the vendor or supplier of that hardware or software. E. If Client makes any modifications to Deliverables, Client shall either 1) obtain the prior written consent of VANDEWALLE & ASSOCIATES; or 2) remove VANDEWALLE & ASSOCIATES name from the Deliverables. In the event that Client selects option #2, VANDEWALLE & ASSOCIATES shall not be liable or otherwise responsible for such modifications or their effect on the results of the implementation of the recommendations contained in such Deliverables. Article III Estimated Schedule A. Services in this Agreement shall commence July 1, 2021 and be in effect a maximum of one year, unless the parties agree otherwise. B. VANDEWALLE & ASSOCIATES shall render its Services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact the Project schedule and VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 9 VANDEWALLE & ASSOCIATES shall not be responsible for any delays caused by factors beyond its reasonable control. Article IV Costs and Payment A. All work will be completed on a time and materials basis with the budget for the Project set at $72,000 (billing at an average $6,000 monthly). Client acknowledges that significant changes to the Project schedule, budget or Project's scope may require Additional Services for which the parties may (but are not required to) enter into a separate Work Order (see Article I.B.). B. VANDEWALLE & ASSOCIATES shall send Client an invoice for Professional Fees and Reimbursable Expenses once a month. Client shall pay VANDEWALLE & ASSOCIATES the amounts due under such invoice upon receipt of such invoice. A service charge of 1.5% per month may be charged on all amounts more than 30 days after date of invoice. Article V Termination A. Either Client or VANDEWALLE & ASSOCIATES may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay VANDEWALLE & ASSOCIATES the hourly rates for all Services rendered and Reimbursable Expenses incurred, up to the date of termination. C. Upon not less than seven days' written notice, VANDEWALLE & ASSOCIATES may suspend the performance of its Services if Client fails to pay VANDEWALLE & ASSOCIATES in full for Services rendered or Reimbursable Expenses incurred. VANDEWALLE & ASSOCIATES shall have no liability because of such suspension of service or termination due to nonpayment. Article VI Dispute Resolution VANDEWALLE & ASSOCIATES and Client agree to mediate claims or disputes arising out of or relating to the Agreement. The mediation shall be conducted by a mediation service acceptable to the parties. A demand for mediation shall be made within a reasonable time after a claim or dispute arises. In no VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 10 event shall any demand for mediation be made after such claim or dispute would be barred by the applicable law. Article VII Intellectual Property; Confidentiality A. Except as otherwise provided by law: upon payment in full by Client to VANDEWALLE & ASSOCIATES for Services rendered and Reimbursable Expenses incurred pursuant to this Agreement, VANDEWALLE & ASSOCIATES shall grant Client a non -transferable, non-exclusive, perpetual license to use any and all Work Product developed or produced by VANDEWALLE & ASSOCIATES pursuant to this Agreement. As used in this Agreement, 'Work Product" means all inventions, processes, data, documents, drawings, records, and works of authorship, whether or not copyrightable or patentable, that are originated or prepared by VANDEWALLE & ASSOCIATES in the course of rendering the Services under this Agreement. Until Client pays VANDEWALLE & ASSOCIATES in full for Services rendered and expenses incurred pursuant to this Agreement, Client may not use any Work Product to complete the Project with others unless VANDEWALLE & ASSOCIATES is in material breach of this Agreement. B. Except as otherwise provided by law: Client shall not communicate, publish, or otherwise disclose to a third party or authorize or induce anyone else to use, communicate, publish, or otherwise disclose, any nonpublic information pertaining to VANDEWALLE & ASSOCIATES, including, without limitation, any information relating to pricing, products, or ideas of VANDEWALLE & ASSOCIATES. Until VANDEWALLE & ASSOCIATES is paid in full by Client for Services rendered and expenses incurred pursuant to this Agreement, Client shall not communicate, publish, or otherwise disclose to any third party, any information pertaining to or summaries of the Work Product. Article VIII Miscellaneous Provisions A. Iowa law governs this Agreement (without regard to its conflict of law principles or rules of construction concerning the draftsman hereof). B. This Agreement is the entire and integrated agreement between the Client and VANDEWALLE & ASSOCIATES, and supersedes all prior negotiations, statements or agreements, either written or oral, with regard to its subject matter. This Agreement may be amended only by written instrument signed VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 11 by both Client and VANDEWALLE & ASSOCIATES. Neither party can assign this Agreement without the other party's prior written permission. C. Notwithstanding any other term in this Agreement, VANDEWALLE & ASSOCIATES shall not control or be responsible for another party's means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs. D. The parties acknowledge that society has become more and more litigious over the years. Despite having done everything right and fulfilling its obligations under this Agreement, VANDEWALLE & ASSOCIATES may be brought into a lawsuit or other action regarding the Project or other activities of the Client. To avoid VANDEWALLE & ASSOCIATES from incurring significant financial obligations when it has properly performed under this Agreement, Client agrees to indemnify, defend and hold VANDEWALLE & ASSOCIATES, its agents and employees harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses (including reasonable attorneys' fees), arising out of the Project or the performance or non-performance of obligations under this Agreement, except to the extent the same are directly caused by VANDEWALLE & ASSOCIATES' negligence or willful misconduct related to this Agreement. E. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees (including legal and accounting fees), costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, all costs of appeals. For purposes of this provision, "prevailing party" shall include a party that dismisses an action in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. F. VANDEWALLE & ASSOCIATES reserves the right to include representations of the Project in its promotional and professional materials. G. In order for VANDEWALLE & ASSOCIATES' to provide cost effective services, the parties agree that VANDEWALLE & ASSOCIATES shall not be liable to client or any third party for any losses, lost profits, lost data, consequential, special, incidental, or punitive damages, delays, or interruptions arising out of or related to this Agreement, regardless of the basis of the claim. VANDEWALLE & ASSOCIATES' aggregate liability (including attorneys' fees) to VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 12 Client shall not exceed the amount of fees actually paid to VANDEWALLE & ASSOCIATES by Client with regard to the Services or the Work Order for which liability has been asserted. IN WITNESS WHEREOF, the parties hereto entered into this Agreement as of the latest date noted, below. City of Waterloo By: August 2, 2021 Signature of Authorized Representative Date Quentin Hart Mayor Printed Name Title VANDEWALLE & ASSOCIATES, INC. By: Nonna Anderson, Business Manager Date VANDEWALLE & ASSOCIATES City of Waterloo / Implementation Services 2021-2022 July 8, 2021 13 ATTACHMENT ONE FEE SCHEDULE Hourly Rates Company President $220 to $250 Principal $175 to $220 Associate $95 to $130 Assistant $85 to $95 GIS Analyst/Cartographer $85 to $95 Communications Specialist $75 to $120 Project Assistant $40 to $65