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Indoor Rec Facility Study Agr . ' ., , ,., City of Salina, Kansas PROFESSIONAL SERVICES CONTRACT .-;1 THIS AGREEMENT, made and entered into this "2P?- day of :J... Iv by and between the City of Salina, Kansas, hereinafter referred to as and Key & Company of Boulder, Colorado, hereinafter referred "Consultants." 1 1987, "City," to as WITNESSETH: WHEREAS the City wishes to engage the services of Consultants to perform a Feasibility Study for Indoor Recreation Facilities including the items of work as hereinafter set forth, all referred to herein as the Project; and, WHEREAS Consultants rëpresent that they are fully capable and professionally qualified to perform said services; NOW THEREFORE, in consideration of the performance, promises, covenants, and compensations hereinafter set forth and agreed upon, the City and Consultants do mutually agree as follows: I. Scope of Services Consultants covenant and agree to perform the professional services and deliver the work products in connection with the Project as stipulated in Appendix 'A' attached hereto and made a part hereof. A. General: Consultants shall serve as the City's professional representatives in connection with the Project and shall give consul- tation and ad vice during the performance of professional services as described in Appendix 'A.' Consultants will coordinate all work and attend meetings as necessary with City's staff, Recreation Facility Task Force, and Board of City Commissioners. B. Amendments: If the scope of the Project is changed materially by decision of the City, the parties hereto shall mutually determine the extent of such change and the need (if any) to renegotiate the amount of compensation as set forth in this Agreement. II. City's Responsibilities A. The City shall provide full information relevant to the Project including all available base data and current city maps. B. The City shall designate a staff member who shall act as liaison representati ve for the City, authorized to act in its behalf with respect to the Project. C. The City shall cooperate fully in expediting the work of the Consultant and shall review documents submitted and shall render responses and/or decisions pertaining thereto in a timely manner, to avoid unreasonable delay in the progress of Consultant's work. D. If the City becomes aware of any faults or defects in the Project, it shall give prompt written notice thereof to Consultants. E. The City shall compensate Consultants as set forth herein. III. Term of Contract A. All services contemplated herein shall be completed within eighteen 08) calendar weeks after the date of this Contract written above, unless tin extension of time is mutually agreed upon in writing by the parties hereto. B. Consultants agree to commence work within ten receipt of this contract duly executed by the City. 00) days after IV. Additional Services and Reimbursable Expenses A. The following services shall be provided by Consultants only when ~. CONTRACT FOR PROFESSIONAL SERVICES City of Salina, Kansas Page Two and if authorized by the City in writing, and shall be paid for by the City on a negotiated sum basis. 1. Making major revisions to the Project documents when StIch revisions are inconsistent with prior approvals or instructions previously given and are due to causes beyond control of Consultants. 2. Providing services not stipulated in this Agreement, or of an unusual nature, which could not or should not have been contempla- ted by Consultants. B. Reimbursable expenses shall consist of reproduction of documents, at actual cost, beyond the number of deliverable products described in Appendix' A. ' V. Compensation A. For all services as described herein, the City shall pay to Consultants a fixed fee of $ 29,700.00 to include all direct and personnel costs, expenses for overhead, printing of documents in the number stipulated herein, and travel. If, during the course of this study, it is determined that indoor recreation facilities are !lot needed, then a portion of the work in Tasks 3 and 5, and all of Task 4 will not be required, resulting in a reduction of the total fee in the amount of -$ 8,450.00, for a revised total fee of $ 21,250.00. B. Method of Payments Payments for services shall be made monthly in proportion to the amount of work completed, based upon a Statement of Account provided by Consultants in accordance with the following schedule of work tasks. Task 1. Recreation Center Concept Task 2. Determine Recreation Needs Task 3. Physical Facility Alternatives Task 4. Preliminary Design Concept Task 5. Implementation Program Total Fee $ 4,860.00 6,110.00 4,350.00 7,450.00 6,930.00 $ 29,700.00 Statements are payable within twenty (20) days of receipt by City. C. Payments for additional work and reimbursable expenses as defined herein shall be made upon presentation of monthly Statements of Account by Consultants. D. If the Project is suspended by the City for a period of sixty (60) days or more, or abandoned in whole or in part, the Consultants shall be paid for all services performed up to the date of notice from the City of such suspension or abandonment, together with reimbursable expenses then due. If the Project is resumed after having been suspended for sixty days or more, the total amount of compensation to Consultants shall be subject to renegotiation. VI. Additional Agreements The City and Consultants further agree to the following terms and conditions: . A. Confidentiality. It is acknowledged by Consultants that all information, reports, recommendations, and planning documents generated in connection with the Project are confidential and will not be released or disclosed to outside parties without the express consent of the City. All public announcements and distribution of data in connection with the Project shall be the sole responsibility of the City. ,~ City of Salina, Kansas PROFESSIONAL SERVICES CONTRACT PAGE THREE B. Termination 1. This Agreement may be terminated by either party upon seve!l (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating termination. 2. In the event of termination for any cause, all materials, reports, and plans generated by the Consultants to the date of termination will be conveyed to the City within seven (7) working days. 3. In the event of termination by the City due to no fault of the Consul tants, payment shall be made for all services performed to date of termination, including reimbursable expenses then due. C. Successors and Assigns. The Consultants bind themselves, their successors, assigns, and legal representatives with respect to all covenants of this Agreement. Neither the City nor the Consultants shall assign, sublet, or transfer any interest in this Agreement without the written consent of the other. D. Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and Consultants and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be amended only by written instrument signed by authorized representatives of both parties. E. Governing Law. This Agreement and services provided hereunder shall be governed by laws of the State of Kansas and City of Salina. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CITY O~ALINA ~ By: ~--~ Title: Mayor ATTEST: f. - ~~. /.. ;?;~ BY : K~. ;:;< ':-.¿Q ~. ~ City Clerk Title: :~E~ If ~~ ~ '. Appendix 'A' Feasibility Study Community Indoor Recreation Facilities Salina, Kansas Sco2e of Services I. Scope of Project The services to be provided shall consist of a feasibility study for a community wide indoor recreation facility for the City of Salina, Kansas. The Consultant shall work as directed by the City of Salina and in consultation with the Recreation Facility Task Force to complete the tasks, as outlined. The feasibility study will culminate in the presentation of a report with appropriate findings and recommendations so as to serve as an adequate guide for the future provision and development of indoor recreational facilities. II. Services to be Provided Task 1. - Describe Recreation Center Concept Consul tant shall describe the general concept of a communi ty recreation center to include: a) The possible range faci 1 ities and; of functions and activities housed in such b) The multidimensional faci 1 iti es. benefits accruing to communities having such An initial trip to Salina will be made to tour the City, inspect existing facil ities, gather base data and meet with the staff and Task Force to review the project in depth and obtain input. Estimated time in Salina is 4 days. Report #1 wi 11 be generated to describe the general concept and service goals of a community recreation center, including the possible range of functions and activities housed in such facilities, and the resulting benefits to the community. Task 2. - Determine Recreation Needs Consultant shall evaluate the present space capacity and utilization level of existing facilities. Existing recreation organizations and service providers shall be surveyed to determine: a) Existing programs being provided, targeted population groups, number of participants served and future program expectations; Location, size and adequacy of space currently being utilized for indoor recreation purposes; b) Consultant shall determine the future space and facility requirements to accommodate the recreation needs of the community. This task will investi- gate recognizable trends in recreation activity participation, both locally and nationally, to determine how such trends may affect the provision of services in Salina. A survey instrument will be developed for use in interviewing various recreation organizations and service providers. Questions will be designed to determine the extent of existing programs, populations served, rate of participation, future program expectations, and physical facilities cur- rently available in terms of location, size and adequacy. An understanding of quality as well as quantity of programs and facilities will be obtained. Appendix 'A1 - Scope of Services Page Two A second trip to Salina will be scheduled to examine facilities again, observe programs in opera ti on, i ntervi ew agency offi ci a 1 s and program partici pants, and meet with Ci ty staff and Task Force to review progress to date and the content of Report #1. Estimated time in Salina - 4 days. Report #2 will present findings from the evaluations and survey described above and will predict the future space and facility requirements to accommodate Salina's evolving recreation needs. This report will be based on growth projections, socioeconomic characteristics, and distribution of participant groups in the community. Recommended physical space needs for existing and anticipated recreation activities will be formulated and made part of the report. A third trip to Salina will be made to discuss the content of Report #2, obtain feedback from the Task Force, and examine potential sites. Estimated time in Salina - 2 days. Task 3 - Comparison of Physical Facility Alternatives Consultant shall assess the various advantages and disadvantages of meeting identified recreation needs through each of the following alternatives: a) Improve coordination and cooperation among recreation providers so as to maximize usage of existing facilities; b) Expand and/or renovate existing facilities, taking into account both functional design suitability and economic cost factors. Particular attention shall be given to the adaptive reuse of Memorial Hall; Construct a new community recreation facility or facilities. c) The consequences, advantages, and disadvantag~s of each alternative will be assessed in detail, as well as any logical combination. of these alternatives. On the basis of the comparison undertaken above, Consultant shall provide a recommendation as to the most feasible solution to meeting the communityJs existing and future recreation facility needs. If new community wide indoor recreation facilities are recommended, Consul- tant sha 11 : a) Recommend functions and services requirements for such facilities; to be provided and necessary space b) Perform a location study to determine the best sites economic cost and functional use standpoint. Report #3 will describe the assessment process and will present a recommendation as to which alternative will best meet the community's existing and future recreation needs in terms of a) program effectiveness; b) management effectiveness; and c) cost effectiveness. from both an If new or expanded community recreation facilities are recommended in some form, Report #3 will also contain suggested functions and services to be provided together with the necessary space requirements. A location study wi 11 be performed to determi ne the best si tes from the standpoi nt of servi ce effectiveness and economics. A fourth trip to Salina will be made to meet with the staff and Task Force for presentation of findings in Report #3 and to obtain feedback and direction for the remainder of the study. Estimated time in Salina - 2 days. , . . ' Appendix 'AI - Scope of Service Page Three Task 4 - Preliminary Design Concept Depending on the alternative(s) chosen by the Task Force, Consultant shall prepare Graphic Plans and Illustrations to include: a) b) Schematic building layout possibilities Rendered elevations of building design concept c) Site plan displaying possible building location and site development Task 5 - Implementation Program If the Task Force adopts a recommendation that new indoor recreation space be provided, the following information will be developed: a) Construction cost estimate - considering local circumstances and recent construction experience. b) Annual operating cost estimate - considering revenue producing activi- ties, cost recovery management policies, and potential service marketing approaches. Project development schedule c) Report #4 will contain a narrative of the graphic illustrations in Task 4 and the information on costs and schedule in Task 5. The contents of Reports #1 - #4 will be assimilated into a Preliminary Feasi bil i ty Report and forwarded to the City prior to November 2, 1987 for review by staff and the Task Force. A fifth trip to Salina will be scheduled to conduct a thorough discussion and review of the Preliminary Report with the Task Force, particularly focusing on the final recommendations and cost data. Final decisions by the Task Force will be made concerning its recommendations to the City Manager and Board of City Commissioners. Estimated time in Salina - 1 day. All revisions, corrections, and additions- to the Preliminary Report will be made and resubmitted to the City for final confirmation. Upon authorization from the City, 50 copies of the Final Feasibility Report will be printed and delivered. A final tri p to Sa 1 i na wi 11 be made for the purpose of presenti ng the results of the study to the Board of City Commissioners. Estimated time in Salina - It days. III. Time of Performance The Preliminary Feasibility Report will be completed and presented within thirteen (13) calendar weeks from the date of notice to proceed. The Final Report will be completed and presented within four (4) calendar weeks from the date of notice to proceed. IV. Project Manager The project manager for this study will be Robert Key. He will be centrally involved in the project at all times, will direct all assigned personnel, make key presentations, and will attend a minimum of six (6) meetings in Salina at appropriate times during the course of study as determined by the Recreation Facility Task Force. Such meetings may encompass the presenta- tion of information and discussion of study findings and recommendations with interested groups and the general public.