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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.