HomeMy WebLinkAbout2014-03-17-Resolutions 14-077_Windfield Park Improvements - Architect AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-077
APPROVING PROFESSIONAL SERVICES PROPOSAL WITH GENUS LANDSCAPE
ARCHITECTS [WIND FIELD PARK IMPROVEMENTS PROJECT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,on September 16,2013,the Waukee City Council approved an agreement with
Genus Landscape Architects,P.C.,to develop a neighborhood park master plan for Windfield
Park (Resolution #13-235);AND,
WHEREAS,in order to move forward with park improvements,City staff recommends
approval of an agreement with Genus Landscape Architects,P.C.,related to preparation of
project plans and specifications for public bidding and construction administration services;
AND,
WHEREAS,the City Attorney has reviewed the proposed agreement and finds it satisfactory;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wankee that the
Professional Services Proposal with Genus Landscape Architects [Windfield Park Improvements
Project],attached hereto as Exhibit A,is hereby approved.
Passed by the City Council of the City ofWankee,Iowa,and approved the 17th day of March,
2014.
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN
X
X
-genus
[landscape arch;tecls 1
325 EAST 5TH STREET
DESMOINES,IA 50309
T 5152841010
WWW.GENUS-LA.COM
March 3,2014
Mr.Matt Jermier
Parks &Recreation Director
City of Waukee Parks &Recreation Department
805 UniversityAvenue
Waukee,IA 50263
RE:Professional Services Proposal for Windfield Park
Design +Engineering I genus Jt 14005
Dear Mr.Jermier:
The professional consulting firm of genus is pleased to submit the
following professional services proposal to the City of Waukee for
preparing plans and specifications for public bidding and
construction administration services related to improvements for
Wlndtield Park.
This proposal outlines the project process,deliverables and fees.
The scope of services and methodology are based on our current
understanding of the project requirements as outlined during
meetings and phone conversations to date.To complete the full
scope of services,we have included services by Bishop
Engineering for site survey and Walker Coen Lorentzen Architects
to design the park shelter and restrooms.
We look forward to working closely with you to continue
enhancing Waukee's Parks!
Respectfully submitted,
J;r#.~f,y
Brett Douglas,ASLA,PLA
Principal
E:BDOUGLAS@GENUS-LA.COM
Windfield Park#14005
Page 2of9
March 3,2014
The firm of genus,hereinafter reterred to as the Consultant,subject to the
approval and acceptance of this proposal by the City at Waukee,
hereinafter referred to as the Client,agrees to provide Protessional Services
as set torth below:
I.PROJECT NAME
Windtield Park Improvements
II.PROJECT DESCRIPTION
Provide landscape architecture,site planning and relevant consulting
for park enhancements at Windtield Park.Anticipated amenities
include:park shelter and restrooms,basketball court,trail connections,
landscape improvements and playground upgrades.
III.ASSUMPTIONS
A.The Construcfion bUdget tor park enhancement is approximately:
$465,000.
B.The City aspires to construct a portion ot the improvements in the
Fall of 2014,if feasible.The actual project schedule is contingent
on budget,weather and contractor availability.A project
schedule will be determined in collaboration with the Client,upon
completion ot the site survey.
IV.BASIC SERVICES
The Consultant shall coordinate the work and ongoing communication
with the Client throughout the timeline of the Project to provide the
tollowing basic services.
A.SITE SURVEY
1.Complete a topographic survey at l 'contour intervals and spot
elevations ot features,as well as notation for all landscape
elements -including size and species.
2.Public utilities will be located and identitied.Private utilities will
need to be located by the Client tor the surveyor to include
within the survey tile.
3.Utility depths are not part of the basic services for utilities.
4.Easements shown on the recorded plat will be identified.
Additional research on easements is not part ot the project
scope.
5.Survey scope will take approximately 1 month to complete.
B.DESIGN DEVELOPMENT
1.Prepare design and pricing drawings to define design intent
and vision ot the projects based on direction approved by the
Client.
2.Coordinate the schematic design documents with consultants,
inclUding but not limited to utility design and architecture.
Wind field Park #14005
Page3af9
March 3,2014 Design Development documents shall include:
o Site Preparation Plan
c Site Materials and Layout Plan
c Site Grading Plan
o Site Planting Plan
c Sections [as warranted]
c utility Plons
c Architectural plans,Elevations and Sections
o Details to convey design intent and for pricing
o Outline specifications
3,Design Development presentation to Owner to convey overall
design,materiality,design goals,Thisshall include an updated
opinion of probable cost,
C,CONSTRUCTION DOCUMENTS
1.Develop the Owner-approved Design Development
Documents into a set of construction drawings and
specifications which will serve as the Contract Documents.
These documents will include:
o Sife Preparafion Plans
c Site Layouf and Maferials Plans
o Site Grading +utilily Plans
o Site Planfings Plan
o Park Shelter and Restroom Architecture
o Site Sections +Elevations [as warranted]
o Site Details
o SWPPPlan [as required]
o Construction Specifications
D.BIDDING PHASE
1.Develop Project Bidding Dates to be coordinated with City
process and calendar.
o Release construction document Bid Set to bidders,
o Attend pre-bid conference.
o Prepare and release addenda
o Attend bid opening.
o AssistClient with bid tabulation and,if requested,make
recommendations.
o Attend bid award at City Council Meeting.
Windfleld Park #14005
Page 40f9
March 3.2014
E.CONSTRUCTION CONTRACT ADMINISTRATION
1.Provide services necessary for the adminisfration of the
construction contract.Services will consist of:Pre-construction,
Construction,Substantial Complefion,Closeout Conference,
Final Completion and Closeouf Documents.
F.DURING CONSTRUCTION
1.Conducf scheduled visits [10 total consultant visits]
2.Participate in project meefings
3.Issuesite observation reports
4.Send/respond to RFI's
5.Review confractor submiftals
6.Issue LASI'sas necessary
7.Review pay applications with GC
8.Monitor progress and quality of work
9.Review testing and inspection reports
10.Review change orders with GC
G.SUBSTANTIAL COMPLETION
1.Inspect project for substantial completion
2,Review contractor punch lists
3.Prepare certlticate of substantial completion
H.CLOSEOUT CONFERENCE
1.Review closeout documents
2.Review record documents
I.FINAL COMPLETION
1.Review contractor notice of final completion
2.Record drawings for Owner
3.Inspect project for final completion
Windfield Park 1114005
Page50f9
Morch 3.2014
V.CONSULTING FEE
For Basic Services provided by the Consultant as described in
Section IV,remuneration shall be billed on a percentage complete
basis in each of the tollowing phases:
Site Survey $5,000
Design Phase $12,750
Construction Document Phase $17,000
Bidding Phase $2,125
Construction Administration Phase $10,625
Total Consulting Fee $47,500
Reimbursable expenses will be invoiced directly to the Client at
1.15%.These expenses typically include mileage,long distance
phone,postage,printing,approved travel and lodging,and permit
application tees.
Reimbursable Expenses are estimated as a not to exceed at:$950.
VI.EXCLUSIONS TO BASIC SERVICES
A.The Consultant assumes no responsibility for the accuracy of
information or services supplied by the Client,the Client's
representative or an outside consultant not developed specitically
for this Project and shall not be liable for errors or omissionstherein.
Should the Consultant be required to provide services due to errors
or omissions,such services shall be billed as additional services.
B.Geotechnical Investigation and pavement recommendations.
C.Construction staking,easements and platting,and as-built drawings.
Environmental reports
VII.PAYMENT
All work shall be billed on a percentage complete basis not to
exceed the maximum amount specified.Fees,including
reimbursable expenses,are due and payable in full within 30-days ot
the invoice date.The Consultant reserves the right to charge a
service fee of 18%annum on the account if not paid within this
timeframe,or stop work until the account is paid in full.Additional
Services are services provided outside the scope of Basic Services
and shall be provided upon Client's written authorization.
The compensation for Additional Service shall be paid on an hourly
basis as follows,or negotiated on a not to exceed basis:
Principal $170
Associate $125
Project Manager $100
LA/Planner II $95
LA/Planner I $90
Designer $75
Windfield Park It 13082
Page 601 9
March 3,2014
VIII.AGREEMENT
Signatures below by the Client and Consultant shall constitute
acknowledgement and acceptance of Part I and II of fhe Agreement,
Wifhout signatures,this Proposal expires in 45-days from the date of issue.
/;u March 3,2014
Genus Landscape At hitects,P,C.Date
PFG#13082
Page 7 019
March 3.2014
PART II
The engagement of genus (the Consultant)by the Client is under the following terms and conditions
and is an infegral part of fhe collecfive Agreement befween fhe Client and the Consulfant.
1.The fee estimate for the proposed Scope ot Services is valid for 45 days from the date of Proposal.
2.Payment to the Consultant is the sole responsibility of signatory of this Agreement and is not subject to third
party agreements.
3.All schedules set forth in the attached Scope ot Services commence upon receipt of a signed Agreement
and,if requested,a retainer.All retainer amounts will be applied to the last invoice.A RETAINEROF $0.00 IS
REQUIREDBEFORESERVICESCAN COMMENCE UNDERTHEAGREEMENT.
4.Requests for Additional Services and any associated fee adjustment must be authorized in writing before
Additional Services can begin.
5.Invoices will be rendered monthly and become due upon receipt.
6.Invoice payments must be kept current for services to continue.If the Client tails to pay any invoice due to
the Consultant within 30 days of the date of invoice,the Consultant may,without waiving any other claim or
right against Client,suspend services under this Agreement until the Consultant has been paid in full all
amounts due the Consultant and/or any of its Consultants and Subcontractors.
7.The Consultant shall not be responsible for failure to perform or for delays in the performance of services
which arise out of causes beyond the control and/or without the tault or negligence of the Consultant.
B.The Consultant's services will be performed on behalf of and solely for the benefit and exclusive use of the
Client and Client's agents and designees for the limited purposes set forth in the Agreement.
9.Per the Construction Administration section of Part I of this Agreement the Consultant shall visit the site at
intervals appropriate to the stage of construction,or as otherwise agreed to in writing by the Client ond the
Consultant,in order to observe the progress and quality of the Work completed by the Contractor.Such
visits and observation are not intended to be an exhaustive check or a detailed inspection ot the
Contractor's work but rather are to atlow the Consultant,as an experienced professional,to become
generally familiar with the Work in progress and to determine,in general,if the Work Is proceeding in
accordance with the Contract Documents.Based on this general observation,the Consultant shall keep the
Client informed about the progress of the Work and shall endeavor to guard the Client against deficiencies
in the Work.If the Client desires more extensive project observation or fulltime project representation,the
Client shall request that such services be provided by the Consultant as Additional Services in accordance
with the terms ot this Agreement.The Consultant shall not supervise.direct or have control over the
Contractor's work nor have any responsibility for the construction means,methods,techniques,sequences
or procedures selected by the Contractor nor for the Contractors safety precautions or programs in
connection with the Work.These rights and responsibilities are solely those of the Contractor in accordance
with the Contract Documents.The Consultant shall not be responsible for any acts or omissions of the
Contractor,subcontractor,any entity performing any portions of the Work,or any agents or employees of
any of them.The Consultant does not guarantee the performance ot the Contractor and shall not be
responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or
any applicable laws,codes,rules or regulations.
10.The Consultant shali not be required to sign any documents,no matter by whom requested,that would
resuit in the Consultant's having to certify,guarantee or warrant the existence of conditions whose
existence the Consultant cannot ascertoin.The Client also agrees not to make resolution of any dispute
with the Consultant or payment of any amount due to the Consultant in any way contingent upon the
Consultant's signing any such certification.
PFGil13082
Page8ot9
March 3.2014
11.All documents including Drawings and Specifications prepared by the Consultant pursuant to the
Agreement are instruments of service with respect to the Project.They are not intended orrepresented to
be suitabie for reuse by the Client or others on extensions of the Project or on any other Project.Any reuse
by the Client or a third person or entity authorized by the Client without written verification or adaptation by
the Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal
exposure to the Consultant;and the Client.shall release,Indemnity and hold harmiess the Consultant from
all claims,damages.lossesand expenses including attorneys'tees arising out of or resulting there trom.Any
such verification or adaptation will entitle the Consuitant to additional compensation at rates to be agreed
upon by the Consultant and the third person or entity seeking to reuse said documents.
12.In entering Into this Agreement.the Client has relied oniy upon the representations set forth in this
Agreement.No verbal warranties.representations or statements shall be considered a part of this
Agreement or a basis upon which the Client relied in entering into this Agreement.No statements.
representations.warranties or understandings,unless contained herein,exist between Client and the
Consultant.
13.The Client agrees to include genus as Consultant for the Project.in all construction signage identitying the
project.
14.The Consultant and their subconsultants shall be paid Additional Services for work related to disputes and
questions arising out of the General Contractor and/or Subcontractors'disputes arising out ofthe Bidding
and Construction process.
15.In the event of any litigation arising from or related to this Agreement or the services provided under this
Agreement,each party 'hall be responsible for paying their own costs incurred.including staff time.court
costs.attorneys'fees and all other related expenses in such litigation.
16.Neither party to this Agreement shall transfer,sublet or assign any rights under or interest in this Agreement
(including but not limited to monies that are due or monies that may be due)without the prior written
consent of the other party.Subcontracting to subconsultants normally contemplated by the Consultant shall
not be considered an assignment for purposes of this Agreement.
17.The Americans with Disabilities Act [ADA)regulations provide that it is a violation of these regUlations to
design and construct a facility that does not meet the accessibility and usability requirements of the ADA
unless it can demonstrate that it is structurally impractical to meet the reqUirements.The Client understands
that the requirements of ADA will be subject to various and possibly contradictory interpretations.The
Consultant therefore will use its reasonable professional efforts and judgment Jo.interpret applicable ADA
requirements and other state.local.and federal regulations as they apply to the project.The Consultant
however can not and does not warrant or guarantee that the Client's project will comply with all
interpretotions of ADA requirements and/or requirements of other federal.state.and local laws.rules.
codes,ordinances and regulations as they apply to this project.
18.Both parties acknowledge that the Consultant's scope of services does not include any services related to
the presence of any hazardous or toxic materials.In the event the Consultant or any other party encounters
any hazardous or toxic materials.or should it become known to the Consultant that such materials may be
present on or about the jobsite or any adjacent areas that may atfect the performance ot the Consultant's
services,the Consultant may,at its option and without liability for consequential or any other damages,
suspend performance of its services under this Agreement until the Client retains appropriate consultants or
contractors to identity and abate or remove the hazardous or toxic materials and warrants that the jobsite is
in full compliance with all applicable laws and regulations.As used in this Agreement.the term hazardous
materials shail mean onv substances.InclUding but not limited to asbestos,toxic or hazardous waste,PCBs,
combustible gases and materials.petroleum or radioactive materials [as each of these is defined in
applicable federal statutes)or any other substances under any conditions and in such quantities as would
pose a substantial donqer to persons or property exposed to such substances at or near the Project site.
PFG#13082
Page 9 019
March 3,2014
19,The Client understands and agrees that products or materials that are permissible under current codes and
ordinances may,at some fulure date,be banned or limited in use in the construction industry because of
presently unknown hazardous and/or defective characteristics.The CI[ent agrees that [f any such product or
material specified for this Project by the Consultant shall,at any fulure dafe be suspected or discovered to
be defective or a health or safety hazard,then the Client shall waive all claims as a result thereof against
the Consultant.The Client further agrees that if the Client directs the Consultant to specify any product or
material after the Consultant has Informed fhe Client that such product or material may not be suitable or
may embody characteristics that are suspected of causing or may cause the product or material to be
considered a hazardous substance in the future,the Client waives all claims as a result fhereof against the
Consultant and the Client agrees,to the fu[lest extent permitted by law,to indemnify and hold harmless the
Consultant from any damages,liabilities or costs including reasonable alforneys'fees and defense costs,
arising in any way from the specification or use of any products Of materials which,at any future date,
become known or suspected health and safety hazards.
20.Neither the professional activities of the Consultant,nor the presence of the Consultant or its employees and
subconsultants at a construction/project site,shall relieve the General Contractor of its obligations,duties
and responsibilities including,but not limited to,construction means,methods,sequence,techniques or
procedures necessary for performing,superintending and coordinating the Work in accordance with the
contract documents and any health or safely precautions requlred by any regulatory agencies,The
Consultant and its personnel have no authortly to exercise any control over any construction contractor or
ils employees in connection wilh their work or any health or safety programs or procedures,The Client
agrees that the Genera[Confractor shell be solely responsible for jobsite safety,and warrants that this intent
shall be carried out in the Client's contract wilh the General Contractor,The Client also agrees that the
Client,the Consultant and the Consultant's subconsultcnts shall be indemnified by the General Contractor
and shall be made addiliona[insureds under the General Contractors policies of general liability insurance,
21.The Agreement.including these Terms and Conditions,represents the complete and integrated agreement
between the portles:supersedes all prior agreements;may be amended only in writing;in binding upon the
parties,their successors,assigns,and lega[representatives;and shall be interpreted and governed in
accordance with the laws of the state of Iowa.