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HomeMy WebLinkAbout2014-08-04-Resolutions 14-211_Windfield Park-Grant Park Improvements - Architect Agr - Amendment 1THE CITY OF WAUKEE,IOWA RESOLUTION 14-211 APPROVING AMENDMENT NO.1 OF THK WINDFIELD PARK PROFESSIONAL SERVICES AGRKKMKNT WITH GENUS LANDSCAPE ARCHITECTS,P.C.,TO INCLUDE GRANT PARK DESIGN AND CONSTRUCTION PHASE SERVICES IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF 1FA UEEE,IOS'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,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 [the "Project"](Resolution ¹13-235);AND, WHEREAS,on March 17,2014,the Waukee City Council approved a Professional Services Proposal with Genus Landscape Architects related to the Project (Resolution ¹14-077);AND, WHEREAS,Genus Landscape Architects has provided and Amendment No.1 to the Professional Services Agreement for the preparation of plans and specifications,bidding and construction administration services to allow for Grant Park and Windfield Park improvements to be bid and constructed under a single contract;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 Waukee that Amendment No.1 of the Windfield Park Professional Services Agreement with Genus Landscape Architects,P.C.,attached hereto as Exhibit A,is hereby approved. thPassedbytheCityCounciloftheCityofWaukee,Iowa,and approved the 4 day of August, 2014. mrianHarrison,Mayor Pro Te Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN genus [iandscape architects 1 July 17,2014 Mr.Matt Jermier Parks 8,Recreation Director City of Waukee Parks 8,Recreation Department 805 University Avenue Waukee,IA 50263 RE:Amendment to Windfield Park Contract to include Grant Park Design+ Construction Phase Services Dear Mr.Jermier: The professional consulting firm of genus is pleased to submit the following proposal amendment to the current Wlndfield Park professional services agreement.This proposal outlines services for preparation of plans and specifications,bidding and construction administration services to allow for Grant Park and Windfield Park to be bid and constructed under a single contract.This process will provide efficiencies during the design process,as well as the bidding and construction phase. This proposal outlines the process,dellverables,and fees associated with the added scope.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. We look forward to continuing our partnership in improving Waukee's park and recreation system! Respectfully submitted, /e Brett Douglas,ASLA,PLA Principal 325 EAST 5'"STREET DES MOINES,IA 50309 T 5152841010 V/V/V/.GENUS-LA.CQM Grant Park Professional Services Proposal July l8,2014 Page 2 of 8 PART I The firm of genus,hereinafter referred to as the Consultant,subject to the approval and acceptance of this Proposal by the City of Waukee,hereinafter referred to as the Client,agrees to provide Professional Services to the Client as set forth below: I.PROJECT NAME+LOCATION Granf Park in Wavkee,iowa,hereinafter referred to as the Project. II.PROJECT MSCRIPTION Provide landscape architectvre,site planning,and relevant consulting for park enhancements at Grant Park.Anticipated amenities include:a basketball court,trail connections,and landscape improvements. III.ASSUMPTIONS A.The construction budget for park enhancements is approximately $90,000. B.The City aspires to construct the improvements In the spring of 2015.The design and construction schedule will coincide with the improvements for Windfleld Park.Windfield and Grant Park will be bid as one constrvction document package. C.The Owner will provide all necessary survey and as-built information in sufficient detail to allow for preparation of construction documents. IV.BASIC SERVICES A.CONSTRUCTION DOCUMENTS Develop construction drawings and specifications which will serve as the Contract Documents.These document will include: i.Site Preparation Plans ii.Site Layout and Materials Plans iii.Site Grading Plan iv.Site Plantings Plan v.Site Details vi.Construction Specifications [Combined with Windfield Park Specifications] B.BiDDING PHASE Project will be bid with the Windfield Park bid package.Services include: i.Release construction document Bid Set to bidders ii.Attend pre-bid conference iii.Prepare and release any necessary addenda iv.Attend bid opening v.Assist Client with bid tabulation and,if requested,make recommendations vi.Attend bid award at City Council Meeting Grant Park Professional Services Proposal July 18,2014 Page 3 of 8 C.CONSTRUCTION CONTRACT ADMINISTRATION Provide services necessary for the administration of the construction contract. Services will consist of Pre-construction,Construction,Substantial Completion, Closeout Conference,Final Completion and Closeout Documents. D.DURING CONSTRUCTION a.Conduct scheduled visits [4 total consultant visits] b.Parficipate in project meetings c.Issue site observation reports d,Send /respond to RFI's e.Review contractor submittals f.Issue LASI's as necessary g.Review pay applications with GC h.Monitor progress and quality of work i.Review testing and inspection reports j.Review change order with GC E.SUBSTANTIAL COMPLETION a.Inspect project for substantial completion b.Review contractor punch lists c,Prepare certificate of substantial completion F.CLOSEOUT CONFERENCE a.Review closeout documents b.Review record documents G.FINAL COMPLETION a.Review contractor notice of final completion b.Record drawings for Owner c.Inspect project for final completion Grant Park Professional Services Proposal July 18,2014 Page 4of8 V.CONSULTING FEE For Basic Services provided by the Consultant as described in Section IV, remuneration shall be billed on a Lump Sum basis not to exceed Eight Thousand Five Hundred Dollars [$8,500.00 j. Construction Documents Bidding Phase Construction Administration +Closeout $5,000 500 $3,000 Total Corrsultlrsg Fee I excluding reimbursabies 1 $8,500 Reimbursable expenses will be invoiced directly to the Client at 1.15%.These expenses typically include mileage,postage,printing,etc. Project Reimbursable Expenses are estimated as a not to exceed at $500. Vl.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 specifically for this Project and shall not be liable for errors or omissions therein.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. Vll.PAYMENT All work shall be billed on a lump sum basis not to exceed the maximum amount specified.Fees,including reimbursable expenses,are due and payable in full within 30-days of the invoice date.The Consultarit reserves the right to charge a service fee of 18%annum on the account if not paid within this tirneframe,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 Services shall be paid on an hourly basis as follows,or negotiated on a not to exceed basis: Principal Associate Project Manager LA /Planner ll LA J'Planner i Designer $170 $125 $100 $95 $90 $75 Grant Park Professiona[ Services Proposal July 18,201 4 Page Sof8 Ylll.AGREEMENT Signatures below by the Client and Consultant shall constitute acknowledgernent and acceptance of Part I and Part ll of the Agreement.Without signatures,this Proposal expires in 30-days from the date of issue. July 17,2014 genus [landscape rchltects ]p.c.Date ity of Waukee,iowa Date Grant Park Professional Services Proposal July 18,2014 Page 6 of 8 PART ll The engagement of genus [the Consultant j by the Client is under the following terms and conditions and is an integral part of the collective Agreement between the Client and the Consultant. The fee estimate for the proposed Scope of Services is valid for 45 days from the date of Proposal. Payment to the Consultant is the sole responsibility of signatory of this Agreement and is not subject to third party agreements. Ail schedules set forth in the attached Scope of Services commence upon receipt of a signed Agreement and,if requested,a retainer.All retainer amounts viill be applied to the last invoice.A RETAINER OF $0.00 IS REQUIRED BEFORE SERViCES CAN COMMENCE UNDER THE AGREEMENT. Requests for Additional Services and any associated fee adjustment must be authorized in writing before Additional Services can begin. Invoices viill be rendered monthly and become due upon receipt. Invoice payments must be kept current for services to continue.If the Client fails 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. 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 fault or negligence of the Consultant. The Consultant's services viill 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. Per the Construction Administration section of Part I ef 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 and the Consultant,in order to observe the progress and qualify of the Work completed by the Contractor.Such visits and observation are not intended to be an exhaustive check or a detailed inspection of the Contractor's work but rather are to allow 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 Ciient desires more extensive project observation or fulltime project represenfation,the Client shall request that such services be provided by the Consultant as Additional Services in accordance with the terms of 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 Contractor's 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 Grant Park Professional Services Proposal July 18,201 4 Page 7 of 8 entity performing any portions of the Work,or any agents or employees of any of them,The Consultant does not guarantee the performance of 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 shall not be required to sign any documents,no matter by whom requested,that would result in the Consultant's having to certify,guarantee or warrant the existence of conditions whose existence the Consultant cannot ascertain. 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. 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 or represented to be suitable for reuse by the Client or others an 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, indemnify and hold harmless the Consultant from all claims,damages,losses and expenses including attorneys'fees arising out of or resulting there from.Any such verification or adaptation will entitle the Consultant 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 only 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 identifying the project. 14.The Consultant and their subconsuttants shall be paid Additional Services for work related to disputes and questions .arising out of the General Contractor and/or Subcontractors'disputes arising out of the 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 shall 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 Ql' 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 wilt use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other state,local,and federal regulations as they apply to the project.The Consultant however cannot and does not warrant or guarantee that the Client's project will comply with all interpretations of ADA requirements and/or requirements of other federal,state,and local laws,rules,codes,ordinances and regulations as they apply to this project. Granf Park Professional Services Proposal July 18.2014 Page8of8 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 affect the performance of 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 identify 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 shall mean any 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 danger to persons or property exposed to such substances at or near the Project site. 19.The Client understands and agrees that products or materials that are permissible under current codes and ordinances may,at some future date,be banned or limited in use in the construction industry because of presently unknown hazardous and/or defective characteristics.The Client agrees that if any such product or material specified for this Project by the Consultant shall,at any future date be suspected or discovered to be defective or a health or safety hazard,then the Client shall waive ali ciaims 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 the 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 thereof against the Consuitant and the Client agrees,to the fullest extent permitted by law„fo indemnify and hold harmless the Consultant from any damages,liabilities or costs including reasonable attorneys'fees and defense costs, arising in any way from the specification or use of any products or 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 inclvding, but not limifed 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 safety precautions required by any regulatory agencies.The Consultant and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work Qi'any health or safety programs or procedures.The Client agrees that the General Contractor shall be solely responsible for jobsite safety,and warrants that this intent shall be camed out in the Client's contract viith the General Contractor.The Client aiso agrees that the Client,the Consultant and the Consultant's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. 21.The Agreement,including these Terms and Conditions,represents the complete and integrated agreement between the parties;supersedes all prior agreements;may be amended only in writing;in binding upon the parties,their successors,assigns,and legal representatives;and shall be interpreted and governed in accordance with the laws of the State of Iowa.