HomeMy WebLinkAbout2017-05-15-J07 Dog Park Master Plan Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 15, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Agreement for
Professional Consulting Services with Confluence [Waukee Dog Park]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: This agreement for professional services is for schematic
design, Design development, developing construction documents, and
construction administration of the Waukee Dog Park. The master plan was
completed by Confluence at the beginning of the year.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $29,500.00
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney has reviewed the agreement and finds it
satisfactory.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Dog Park Professional Services Agreement
PREPARED BY: Matt Jermier
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-232
APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH
CONFLUENCE [WAUKEE DOG PARK]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the City desires to retain the services of Confluence related to schematic design,
design development, developing construction documents, and construction administration of the
Waukee Dog Park; AND,
WHEREAS, the City Attorney has reviewed the Agreement for Professional Consulting
Services and finds it satisfactory;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Agreement for Professional Consulting Services with Confluence [Waukee Dog Park] is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 15th day of May,
2017.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
PROJECT DESCRIPTION: Provide the Owner landscape architectural and site planning
services from schematic design through construction observation, based upon the following
understanding of the project:
1. The Project’s Dog Park Master Plan will serve as the basis of design.
2. The City of Waukee and Foth Engineering will coordinate with us on the
project to connect the trail underpass at the West end.
3. The Project will be fast track and design will need to be completed mid-
summer for fall construction.
4. Civil Design Advantage will provide all Civil work on the project.
City Project No. __________
This Agreement is made and entered into this 12th day of May, 2017, by and between City of
Waukee, a municipal corporation, hereinafter referred to as "City," and Confluence,
(421475404), an “S” corporation incorporated and licensed under the laws of the State of Iowa,
party of the second part, hereinafter referred to as "Consultant" as follows:
THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS
DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE
PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR
THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT.
1. SCOPE OF SERVICES
Services provided under this Agreement shall be as further described in Attachment 1, Scope
of Services.
2. SCHEDULE
The schedule of the professional services to be performed shall conform to the Schedule set
forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized
City representative. The City agrees that the Consultant is not responsible for delays arising
from a change in the scope of services, a change in the scale of the Project or delays resulting
from causes not directly or indirectly related to the actions of the Consultant.
3. COMPENSATION
A. In consideration of the professional services provided herein, the City agrees to pay the
Consultant the following sum NOT-TO-EXCEED, including any authorized
reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3.
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I. Basic Services of the Consultant
A. Schematic Design – Phase One $6,500.00
B. Design Development Phase One $7,900.00
C. Construction Documents – Phase One $13,100.00
D. Construction Observation $2,000.00
Total $29,500.00
B. The Consultant shall invoice the City monthly for services, any reimbursable expenses
and any approved amendments to this Agreement, based upon services actually
completed at the time of the invoice. Final payment shall be due and payable within 30
days of the City's acceptance of Consultant's submission of final deliverables in
accordance with the Scope of Services.
C. In consideration of the compensation paid to the Consultant, the Consultant agrees to
perform all professional services to the satisfaction of the City by performing the
professional services in a manner consistent with that degree of care and skill ordinarily
exercised by members of Consultant's profession currently practicing under similar
circumstances. If the performance of this Agreement involves the services of others or the
furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same
in full.
4. INSURANCE
A. Consultant understands and agrees that Consultant shall have no right of coverage under
any and all existing or future City comprehensive, self or personal injury policies.
Consultant shall provide insurance coverage for and on behalf of Consultant that will
sufficiently protect Consultant or Consultant' representative(s) in connection with the
professional services which are to be provided by Consultant pursuant to this Agreement,
including protection from claims for bodily injury, death, property damage, and lost
income. Consultant shall provide worker's compensation insurance coverage for
Consultant and all Consultant's personnel. Consultant shall file applicable insurance
certificates with the City, and shall also provide evidence of the following additional
coverage.
B. The Consultant shall provide evidence of comprehensive general liability coverage and
contractual liability insurance by an insurance company licensed to do business in the
State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or
death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for
each property damage accident. The evidence shall designate the City as an additional
insured, and that it cannot be canceled or materially altered without giving the City at
least thirty (30) days written notice by registered mail, return receipt requested.
C. The Consultant shall also provide evidence of automobile liability coverage in the limits
of at least $1,000,000 bodily injury and property damage combined. The evidence shall
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designate the City as an additional insured, and that it cannot be cancelled or materially
altered without giving the City at least thirty (30) days written notice by registered mail,
return receipt requested.
D. The Consultant shall provide evidence of professional liability insurance, by an insurance
company licensed to do business in the State of Iowa, in the limit of $1,000,000 for
claims arising out of the professional liability of the Consultant. Consultant shall provide
City written notice within five (5) days by registered mail, return receipt requested of the
cancellation or material alteration of the professional liability policy.
E. Failure of Consultant to maintain any of the insurance coverages set forth above shall
constitute a material breach of this Agreement.
5. NOTICE
Any notice to the parties required under this agreement shall be in writing, delivered to the
person designated below, by United States mail or in hand delivery, at the indicated address
unless otherwise designated in writing.
FOR THE CITY: FOR THE CONSULTANT:
Name: City of Waukee Name: Confluence
Attn: Matt Jermier Attn: Matt Carlile
Title: Director of Parks and Recreation Title: Principal
Address: 230 W. Hickman Road Address: 515 17th Street
City, State: Waukee, IA 50263 City, State: Des Moines, Iowa 50309
6. GENERAL COMPLIANCE
In the conduct of the professional services contemplated hereunder, the Consultant shall
comply with applicable state, federal, and local law, rules, and regulations, technical
standards, or specifications issued by the City. Consultant must qualify for and obtain any
required licenses prior to commencement of work, including any professional licenses
necessary to perform work within the State of Iowa.
7. STANDARD OF CARE
Services provided by the Consultant under this Agreement shall be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances.
8. INDEPENDENT CONTRACTOR
Consultant understands and agrees that the Consultant and Consultant's employees and
representatives are not City employees. Consultant shall be solely responsible for payment of
salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or
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benefit to Consultant or Consultant's employees, representatives or other personnel
performing the professional services specified herein, whether it be of a direct or indirect
nature. Further, it is expressly understood and agreed that for such purposes neither
Consultant nor Consultant's employees, representatives or other personnel shall be entitled to
any City payroll, insurance, unemployment, worker's compensation, retirement, or any other
benefits whatsoever.
9. NON-DISCRIMINATION
Consultant will not discriminate against any employee of applicant for employment because
of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will,
where appropriate or required, take affirmative action to ensure that applicants are employed,
and that employees are treated, during employment, without regard to their race, color, sex,
or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with
the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises
are afforded the maximum opportunity to compete for subcontracts of work under this
Agreement.
10. HOLD HARMLESS
Consultant agrees to indemnify and hold harmless the City, its officers, agents, and
employees from any and all claims, settlements and judgments, to include all reasonable
investigative fees, attorney's fees, and court costs for any damage or loss which is due to or
arises from a breach of this Agreement, or from negligent acts, errors or omissions in the
performance of professional services under this Agreement and those of its sub consultants or
anyone for whom Consultant is legally liable.
11. ASSIGNMENT
Consultant shall not assign or otherwise transfer this Agreement or any right or obligations
therein without first receiving prior written consent of the City.
12. APPROPRIATION OF FUNDS
The funds appropriated for this Agreement are equal to or exceed the compensation to be
paid to Consultant. The City's continuing obligations under this Agreement may be subject to
appropriation of funding by the City Council. In the event that sufficient funding is not
appropriated in whole or in part for continued performance of the City's obligations under
this Agreement, or if appropriated funding is not expended due to City spending limitations,
the City may terminate this Agreement without further compensation to the Consultant. To
the greatest extent allowed by law, the City shall compensate Consultant as provided in
Section 18(6) of this Agreement.
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13. AUTHORIZED AMENDMENTS TO AGREEMENT
A. The Consultant and the City acknowledge and agree that no amendment to this
Agreement or other form, order or directive may be issued by the City which requires
additional compensable work to be performed if such work causes the aggregate amount
payable under the amendment, order or directive to exceed the amount appropriated for
this Agreement as listed in Section 3, above, unless the Consultant has been given a
written assurance by the City that lawful appropriation to cover the costs of the additional
work has been made.
B. The Consultant and the City further acknowledge and agree that no amendment to this
Agreement or other form, order or directive which requires additional compensable work
to be performed under this Agreement shall be issued by the City unless funds are
available to pay such additional costs, and the Consultant shall not be entitled to any
additional compensation for any additional compensable work performed under this
Agreement. The Consultant expressly waives any right to additional compensation,
whether in law or equity, unless prior to commencing the additional work the Consultant
was given a written amendment, order or directive describing the additional compensable
work to be performed and setting forth the amount of compensation to be paid, such
amendment, order or directive to be signed by the authorized City representative. It is the
Consultant's sole responsibility to know, determine, and ascertain the authority of the
City representative signing any amendment, directive or order.
14. OWNERSHIP OF CONSULTING DOCUMENTS
All sketches, tracings, plans, specifications, reports, and other data prepared under this
Agreement shall become the property of the City; a reproducible set shall be delivered to the
City at no additional cost to the City upon completion of the plans or termination of the
services of the Consultant. All drawings and data shall be transmitted in a durable material,
with electronic files provided when feasible to do so. The Consultant's liability for use of the
sketches, tracings, plans, specifications, reports, and other data prepared under this
Agreement shall be limited to the Project.
15. INTERPRETATION
No amendment or modification of this Agreement shall be valid unless expressed in writing
and executed by the parties hereto in the same manner as the execution of the Agreement.
This is a completely integrated Agreement and contains the entire agreement of the parties;
any prior written or oral agreements shall be of no force or effect and shall not be binding
upon either party. The laws of the State of Iowa shall govern and any judicial action under
the terms of this Agreement shall be exclusively within the jurisdiction of the district court
for Dallas County, Iowa.
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16. COMPLIANCE WITH FEDERAL LAW
To the extent any federal appropriation has or will be provided for the Project, or any federal
requirement is imposed on the Project, Consultant agrees that Consultant will comply with all
relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt
of the federal appropriation. Consultant shall provide appropriate certification regarding
Consultant's compliance.
17. SOLICITATION AND PERFORMANCE
A. The Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working for the Consultant, to solicit or secure this
Agreement, and that the Consultant has not paid or agreed to pay any company or person
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or
contingent fee.
B. The Consultant shall not engage the services of any person or persons in the employ of
the City at the time of commencing such services without the written consent of the City.
18. SUSPENSION AND TERMINATION OF AGREEMENT
A. The right is reserved by the City to suspend this Agreement at any time. Such suspension
may be effected by the City giving written notice to the Consultant, and shall be effective
as of the date established in the suspension notice. Payment for Consultant's services
shall be made by the City for services performed to the date established in the suspension
notice. Should the City reinstate the work after notice of suspension, such reinstatement
may be accomplished by thirty (30) days written notice within a period of six (6) months
after such suspension, unless this period is extended by written consent of the Consultant.
B. Upon ten (10) days written notice to the Consultant, the City may terminate the
Agreement at any time if it is found that reasons beyond the control of either the City or
Consultant make it impossible or against the City's interest to complete the Agreement. In
such case, the Consultant shall have no claims against the City except for the value of the
work performed up to the date the Agreement is terminated.
C. The City may also terminate this Agreement at any time if it is found that the Consultant
has violated any material term or condition of this Agreement or that Consultant has
failed to maintain workers' compensation insurance or other insurance provided for in
this Agreement. In the event of such default by the Consultant, the City may give ten (10)
days written notice to the Consultant of the City's intent to terminate the Agreement.
Consultant shall have ten (10) days from notification to remedy the conditions
constituting the default.
D. In the event that this Agreement is terminated in accordance with paragraph C of this
section, the City may take possession of any work and may complete any work by
whatever means the City may select. The cost of completing said work shall be deducted
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from the balance which would have been due to the Consultant had the Agreement not
been terminated and work completed in accordance with contract documents.
E. The Consultant may terminate this Agreement if it is found that the City has violated any
material term or condition of this Agreement. In the event of such default by the City, the
Consultant shall give ten (10) days written notice to the City of the Consultant's intent to
terminate the Agreement. City shall have ten (10) days from notification to remedy the
conditions constituting the default.
19. TAXES
The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on
the work covered by this Agreement. The Consultant shall execute and deliver and shall
cause any sub-consultant or subcontractor to execute and deliver to the City certificates as
required to permit the City to make application for refunds of said sales and use taxes as
applicable. The City is a municipal corporation and not subject to state and local tax, use tax,
or federal excise taxes.
20. SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable by a court of competent
jurisdiction, the remaining portions of this Agreement shall continue in full force and effect.
21. MISCELLANEOUS HEADINGS
Title to articles, paragraphs, and subparagraphs are for information purposes only and shall
not be considered a substantive part of this Agreement.
22. FURTHER ASSURANCES
Each party hereby agrees to execute and deliver such additional instruments and documents
and to take all such other action as the other party may reasonably request from time to time
in order to effect the provisions and purposes of this Agreement.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall
constitute an original document, no other counterpart needing to be produced, and all of
which when taken together shall constitute the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers or agents on the day and year first above written.
CONSULTANT CITY OF WAUKEE
By: ________________________________ By: __________________________
Name: Matthew O. Carlile, PLA, ASLA William F. Peard, Mayor
Title: Principal
SEE ATTACHMENT 1
SCOPE OF SERVICES
The work to be performed by the Consultant under this agreement shall encompass and include
detailed work, services, materials, equipment and supplies necessary to complete analysis and
design for the project.
May 11, 2017
Waukee Parks and Recreation Department
c/o Matt Jermier, Director
805 University Avenue
Waukee, Iowa 50263
Re: An Agreement for the Provision of Professional Services
Waukee Dog Park Construction Documents, Confluence #16140.01
Dear Mr. Jermier:
Confluence, hereinafter referred to as the Consultant, subject to the approval and acceptance of this agreement by the City of
Waukee, hereinafter referred to as the Owner, agrees to provide Professional Services to the Owner as set forth below:
A. PROJECT NAME: Waukee Dog Park Construction Documents
B. PROJECT DESCRIPTION: Provide the Owner landscape architectural and site planning services from schematic design
through construction observation, based upon the following understanding of the project:
1. The Project’s Master Plan will serve as the basis of design.
2. The City of Waukee and Foth Engineering will coordinate with us on the project to connect the trail
underpass at the West end.
3. The Project will be fast track and design will need to be completed mid-summer for fall construction.
4. Civil Design Advantage will provide all Civil work on the project.
ARTICLE 1: SCOPE OF SERVICE:
1. Part One: Schematic Design for Phase One:
1.1 An updated As-Built survey will be completed once the additional stockpiled material has been
removed from the site. (completed by CDA)
1.2 Modify the Master Plan to reflect changes necessary once the survey had been reviewed.
1.3 Identify pedestrian routes, vehicular circulation and accessibility for entire site.
1.4 Identify, with Owner, needs such as, but not limited to:
1.4.1 Site Development modifications – adjacent property connections
1.4.2 Fencing, Gates, Shade Structures, Watering Stations, Etc.
1.4.3 Circulation and access – vehicular, service and pedestrian
1.4.4 Parking areas
1.4.5 Site open space and seating
1.4.6 Site Materials
1.4.7 Lighting and Electrical Service Needs defined
1.4.8 Site utilities and detention (in coordination with Civil Design Advantage (CDA))
1.4.9 Master Grading Plan
1.5 Work with Waukee Rotary to establish a project for them to complete within the park.
1.6 The final product shall be illustrations necessary to communicate the Schematic Site Design. Upon
Owner approval of schematic site design, the Landscape Architect will begin design development.
1.7 Prepare a revised opinion of probable cost.
MR. MATT JERMIER
May 11, 2017
WAUKEE DOG PARK CD’S / 16140.01 - PAGE 2 OF 3
2. Part Two: Design Development – Phase One
2.1 Prepare design development drawings showing location of site elements, materials, products and cost
assistance.
2.2 Based on Owner-approved direction from schematic design, prepare design development drawings
that address:
2.2.1 Layout and Grading Plans
2.2.2 Pollution Prevention Plan (Prepared by CDA)
2.2.3 Proposed materials
2.2.4 Site details
2.2.5 Outline Specifications
2.2.6 Preliminary Utility Plan, (prepared by CDA)
2.2.7 Preliminary Electrical Plan, (prepared by Bluestone Engineering)
2.2.8 Planting Plan
2.3 Consultant will provide an updated opinion of probable cost.
2.4 These documents shall be reviewed by the Owner, with any comments and minor revisions occurring in
this phase. Any Owner directed changes that significantly modify Owner-approved direction from
schematic design would be deemed extra services and billed on an hourly basis. Consultant will
identify any perceived extra services prior to proceeding with work.
2.5 Meetings and coordination with Owner, as needed.
7. Part Three: Construction Documents – Phase One
3.1 The Consultant shall prepare the following Construction Documents:
3.1.1 Site Preparation Plan
3.1.2 Site Layout Plan
3.1.3 Site Grading Plan
3.1.4 Site Utility Plan (storm sewer, sanitary sewer and water main only) (prepared by CDA)
3.1.5 Site Electrical Plan (prepared by Bluestone Engineering)
3.1.6 Site Pollution Prevention Plan (for DNR approval) (prepared by CDA)
3.1.7 Site Planting Plan
3.1.8 Site Details
3.1.9 Site Specifications
3.2 These documents shall be reviewed by the Owner, with any comments and minor revisions occurring in
this phase. Any Owner directed changes that significantly modify Owner-approved direction from
design development will be deemed extra services and billed on an hourly basis. Consultant will
identify any perceived extra services prior to proceeding with work, whenever possible.
8. Part Four: Construction Observation
4.1 Meetings with the Owner and Contractor, as needed.
4.2 Site visits, preparation of progress reports, responses to RFI’s and generation of punch lists.
4.3 Preparation of revisions and general coordination with the Project Team.
EXCLUSIONS
1. Traffic study, design of walls or features, mechanical design of site features, and public street plan and profile
drawings.
ARTICLE 2: OWNER’S RESPONSIBILITIES:
1. The Owner shall establish the guidelines for the project and shall provide general background information needed
for analysis.
2. Fees for services of special consultants (structural, sustainable, soils, hydraulic, etc.) if required beyond the Scope
of Services proposed herein, shall be paid for by the Owner if authorized in advance.
3. The Owner shall furnish, obtain, or direct this firm to obtain at the Owner’s expense, additional information
concerning property ownership / lines, easements, topographical character, or any other site information required
to complete the services as described in Article 1: Scope of Services
MR. MATT JERMIER
May 11, 2017
WAUKEE DOG PARK CD’S / 16140.01 - PAGE 3 OF 3
ARTICLE 3: FEES AND EXPENSES:
1. We propose to perform the services described in Article 1: Scope of Services: Part One, on a Lump Sum basis.
The Lump Sum is Six Thousand Five Hundred Dollars ($6,500). (Of this fee $4,000 is for the As-Built Survey)
2. We propose to perform the services described in Article 1: Scope of Services: Part Two on a Lump Sum basis.
The Lump Sum is Seven Thousand Nine Hundred Dollars ($7,900).
3. We propose to perform the services described in Article 1: Scope of Services: Part Three on a Lump Sum basis.
The Lump Sum is Thirteen Thousand One Hundred Dollars ($13,100).
4. We propose to perform the services described in Article 1: Scope of Services: Part Four, on a Lump Sum basis.
The Lump Sum is Two Thousand Dollars ($2,000).
5. Total Contract Amount: Twenty-Nine Thousand Five Hundred Dollars ($29,500).
6. Reimbursable expenses, including travel, long-distance telephone, and printing are not included in the services
fee. Expenses will be billed in accordance with the rates shown on the attached rates and expenses schedule.
7. If the project is suspended for more than three (3) months, or abandoned in whole or in part, this firm shall be paid
their compensation for services performed prior to receipt of written notice from the Architect/Owner of such
suspension or abandonment, together with reimbursable expenses then due and all terminal expenses resulting
from such suspension or abandonment.
ARTICLE 4: TIME OF PERFORMANCE:
1. We propose to process this work in a timely and expeditious manner to meet the Owner’s timetable.
ARTICLE 5: EXTRA WORK AND CONTINUATION OF SERVICES:
1. If, during the progress or upon completion of the work outline in the Scope of Services in this agreement, the
Architect/Owner finds it desirable or necessary to cause this Consultant to perform additional services other than
those outlined in the Scope of Services, the hourly schedule and reimbursable expense schedule may apply or a
project fee may be negotiated.
ARTICLE 6: SUCCESSOR’S AND ASSIGNMENT:
1. The Owner and this firm each binds itself, partners, assigns and legal representatives to the other party to this
agreement and to the partners, successors, assigns and legal representatives of such other party in respect of all
covenants of this agreement.
ARTICLE 7: CONTRACT CONFORMANCE:
1. If there is a conflict between this document and the agreement between the Architect and the Owner, the
Architect’s agreement with the Owner shall govern.
EXHIBIT ‘A ’
STANDARD HOURLY RATES
Senior Principal ...................................................................................................................... $160.00 - $200.00 per hour
Principal ................................................................................................................................. $140.00 - $185.00 per hour
Associate Principal ................................................................................................................. $130.00 - $160.00 per hour
Associate ............................................................................................................................... $110.00 - $150.00 per hour
Senior Project Manager .......................................................................................................... $100.00 - $140.00 per hour
Project Manager ....................................................................................................................... $90.00 - $110.00 per hour
Senior Landscape Architect ..................................................................................................... $90.00 - $110.00 per hour
Landscape Architect ................................................................................................................ $80.00 - $100.00 per hour
Senior Project Planner .............................................................................................................. $90.00 - $110.00 per hour
Planner II .................................................................................................................................. $80.00 - $100.00 per hour
Planner I .................................................................................................................................... $70.00 - $90.00 per hour
Landscape Architect-In-Training ................................................................................................. $70.00 - $90.00 per hour
Landscape Architect Intern ......................................................................................................... $60.00 - $75.00 per hour
Draftsperson .............................................................................................................................. $50.00 - $75.00 per hour
Graphic Designer ....................................................................................................................... $70.00 - $90.00 per hour
Clerical / System Staff ................................................................................................................ $42.00 - $70.00 per hour
REIMBURSABLE EXPENSES
Filing Fees ........................................................................................................................................................1.15 x cost
Long Distance Telephone Calls ........................................................................................................................1.15 x cost
Materials and Supplies .....................................................................................................................................1.15 x cost
Meals and Lodging ...........................................................................................................................................1.15 x cost
Mileage ....................................................................................................................................................... $.535 per mile
Postage ...........................................................................................................................................................1.15 x cost
Printing by Vendor ............................................................................................................................................1.15 x cost
B/W Photocopies/Prints 8½ x 11 ...................................................................................................................... $.05 each
B/W Photocopies/Prints 11x17 ......................................................................................................................... $.09 each
Color Photocopies/Prints 8½ x 11 ..................................................................................................................... $.65 each
Color Photocopies/Prints 11x17 ...................................................................................................................... $1.50 each
Large Format Plotting – Bond .............................................................................................................................$2.50/SF
Large Format Plotting - Mylar .............................................................................................................................$4.50/SF
Large Format Plotting - Photo ............................................................................................................................$5.00/SF
Compact Discs ............................................................................................................................................... $2.50 each
Booklet Binding (cover, coil, back) ................................................................................................................... $4.50 each
Foam Core ..................................................................................................................................................... $8.00 each
Easel Pads ................................................................................................................................................... $32.75 each
Electronic Files .............................................................................................................................................. $50.00 Each
Online Meeting Service .................................................................................................................................. $35.00 Each
Effective 1/1/2017
GENERAL CONDITIONS
CONFLUENCE
REVISED 7/2008
1. PARTIES AND SCOPE OF WORK: Confluence (hereinafter referred to as “Confluence”) shall
perform professional services as set forth in Confluence’s proposal, the Client’s acceptance
thereof if accepted by Confluence, and these General Conditions. “Client” refers to the person
or business entity ordering the professional services to be done by Confluence. The Client shall
designate representatives who are authorized to make all decisions on the Client’s behalf when
requested to do so by Confluence. If the Client is ordering professional services on behalf of
another, the Client represents and warrants that the Client is the duly authorized agent of said
party for the purpose of ordering and directing said professional services. Unless otherwise
stated in writing, the Client assumes sole responsibility for determining whether the quantity
and the nature of the professional services ordered by the Client is adequate and sufficient for
the Client’s intended purpose. Client shall communicate these General Conditions to each and
every third party to whom the Client transmits any part of Confluence’s work. Confluence shall
have no duty or obligation to any third party greater than that set forth in Confluence’s
proposal, Client’s acceptance thereof and these General Conditions. The ordering of
professional services from Confluence shall constitute acceptance of the terms of Confluence’s
proposal and these General Conditions.
2. SCHEDULING OF WORK: Confluence will perform professional services with due and reasonable
diligence consistent with sound professional practices. If Confluence is required to delay
commencement of professional services or if, upon embarking upon its professional services,
Confluence is required to stop or interrupt the progress of its professional services as a result of
changes in the scope of the professional services requested by the Client, to fulfill the
requirements of third parties, interruptions in the progress of construction, or other causes
beyond the direct reasonable control of Confluence, additional charges will be applicable and
payable by Client.
3. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for
Confluence to perform professional services. Confluence shall take reasonable measures and
precautions to minimize damage to the site and any improvements located thereon as the
result of its professional services or the use of its equipment; however, Confluence has not
included in its fee the cost of restoration of damage which may occur. If Client desires or
requires Confluence to restore the site to its former condition, upon written request Confluence
will perform such additional professional services as is necessary to do so and Client agrees to
pay Confluence the cost thereof.
4. CLIENTS DUTY TO NOTIFY LANDSCAPE ARCHITECT: Client represents and warrants that he has
advised Confluence of any known or suspected hazardous materials, utility lines and pollutant
at any site at which Confluence is to do professional services hereunder, and unless
Confluence has assumed in writing the responsibility of locating subsurface objects, structures,
lines or conduits. Client agrees to defend, indemnify and save Confluence harmless from all
claims, suits, losses, costs and expenses, including reasonable attorney’s fees as a result of
personal injury, death or property damage occurring with respect to Confluence’s performance
of its professional services and resulting to or caused by contact with subsurface or latent
objects, structures, lines or conduits where the actual or potential presence and location
thereof was not revealed to Confluence by Client.
5. RESPONSIBILITY: Confluence’s professional services shall not include determining,
supervising or implementing the means, methods, techniques, sequences or procedures of
construction. Confluence shall not be responsible for evaluating, reporting or affecting job
conditions concerning health, safety or welfare. Confluence’s professional services or failure to
perform same shall not in any way excuse any contractor, subcontractor or supplier from
performance of its work in accordance with the contract documents. Confluence has no right
or duty to stop the contractor’s work.
6. STANDARD OF CARE: Confluence’s professional services will be performed in accordance with
this agreement and with generally accepted principles and practices. In performing its
professional services, Confluence will use that degree of care and skill ordinarily exercised
under similar circumstances by members of its profession.
7. LIMITATION OF LIABILITY: Should Confluence or any of its professional employees be found to
have been negligent in the performance of its professional services, or to have made and
breached any express or implied warranty, representation or contract, Client, all parties
claiming to have in any way relied upon Confluence’s professional services agree that the
maximum aggregate amount of the liability of Confluence, its officers, employees, agents, and
sub-consultants shall be limited to $_________________.
Initials: CONFLUENCE__________ CLIENT__________
8. PRICING ESTIMATES: Neither Confluence nor Client has any control over the costs of labor,
materials, equipment, over contractors’ methods of determining bid prices, or over competitive
bidding, market or negotiation conditions. Accordingly, Confluence cannot and does not
warrant or represent those bids or negotiated prices will not vary from any established
budgetary constraints. Client may perform its own cost analysis or retain its own cost
consultant and shall be solely responsible for the accuracy and preparation of cost estimates at
each appropriate stage of the project. Confluence will cooperate and work closely with any
cost consultant to help ensure that the project can be constructed within any appropriate
budgetary constraints.
9. ADDITIONAL SERVICES: Client may request or it may become necessary for Confluence to
perform Additional Services in order to further the objectives of the project. Whenever
reasonably possible, Confluence will notify Client in advance of Confluence’s intention to
perform the particular Additional Service, and Client’s failure to instruct Confluence not to
perform the Additional Service shall be considered Client’s acquiescence to the performance of
the Additional Service and agreement to pay for it. Notwithstanding any other description of
Basic or Additional Services, any services which Client requests Confluence to perform after
final payment has been made to the contractor(s) or more than sixty (60) days after the project
has been certified to be substantially complete shall be considered Additional Services. Any
modifications or changes requested by Client inconsistent with Client’s prior approval(s) shall
be considered Additional Services. Confluence shall be entitled to rely on the accuracy of any
drawings or other information supplied to it by Client, its employees, representatives or other
consultants, and any services necessitated because of an error or omission in any drawing or
other information supplied by Client, its employees, representatives or other consultants shall
be an Additional Service. Additional Services shall be billed at Confluence’s normal hourly
rates, and Client shall pay such charges above and beyond any charges for Basic Services set
forth in the Proposal.
10. CONSTRUCTION ADMINISTRATION: Confluence shall have no responsibility for construction
administration unless explicitly described in the Proposal. If construction observation services are
performed, Confluence shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the construction work, for any defects, deficiencies or other acts
or omissions of the contractor or any other persons performing any of the construction work or for
the failure of any of them to carry out the work in accordance with the plans and specifications,
and Confluence visits to the construction site shall be for the purpose of becoming generally
familiar with the progress and the quality of the construction work and to determine in general if
the work when completed will be in accordance with the plans and specifications, and
Confluence is not authorized to stop the construction work or take any other action relating to job
site safety. If Confluence reviews contractors’ applications for payment, such reviews shall be
made to the best of Confluence’s knowledge, information and belief based on Confluence’s
limited observation of the construction work, and Confluence shall be entitled to rely on
documentation submitted by the contractor(s) or others which is not inconsistent with
Confluence’s own observations. If the Client requests in writing that Confluence provide any
specific construction phase services and if Confluence agrees in writing to provide such services,
then Confluence shall be compensated for Additional Services.
11. CLAIMS: Client acknowledges that Confluence is a corporation and agrees to make any claim
arising out of or relating to the project against Confluence only, and not against any of
Confluence’s directors, officers, employees or agents.
12. INSURANCE: Confluence shall keep and maintain its current insurance policies, including
professional liability insurance and comprehensive general liability insurance, for the duration of
the project. If Client desires additional insurance, Confluence shall use its best efforts to obtain
the additional insurance, but Client shall reimburse Confluence for any additional premium or other
related costs that Confluence thereby incurs. Client will use its best efforts to ensure that the
construction contractor(s) name Confluence as an additional insured on their comprehensive
general liability insurance policies and agree to indemnify Client and Confluence in language
reasonably satisfactory to both Client and Confluence.
13. TERMINATION: Either party upon seven day’s prior written notice may terminate this
Agreement. In the event of termination, Confluence shall be compensated by Client for all
services performed up to and including the termination date, including reimbursable expenses,
and for the completion of such services, records and reports as are necessary to place
Confluence’s files in order and/or protect its professional reputation.
14. WITNESS FEES: Confluence’s employees shall not be retained as expert witnesses except by
separate, written agreement. Client agrees to pay Confluence’s legal expenses, administrative
costs and fees pursuant to Confluence’s then current fee schedule for Confluence to respond to
any subpoena.
15. PAYMENT: Client shall be invoiced as professional services are completed and reported at
Confluence’s option, either monthly or at end of project. Client agrees to pay each invoice within
thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not
paid or objected to for valid cause in writing within said thirty (30) day period at the rate of
eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law),
until paid. Client agrees to pay Confluence’s cost of collection of all amounts due and unpaid
after sixty (60) days, including court costs and reasonable attorney’s fees. Confluence shall not
be bound by any provision or agreement requiring or providing for arbitration of disputes or
controversies arising out of this agreement, and provision wherein Confluence waives any rights to
a mechanics’ lien, or any provision conditioning Confluence’s right to receive payment for its
professional services upon payment to Client by any third party. These General Conditions are
notice, where required, that Confluence shall file a lien whenever necessary to collect past due
amounts. Failure to make payment within 30 days of invoice shall constitute a release of
Confluence from any and all claims which Client may have, either in tort or contract, and whether
known or unknown at the time.
16. LATE PAYMENTS: Accounts unpaid 60 days after the invoice date may be subject to a monthly
service charge of 1.5% on the then unpaid balance (18.0% true annual rate), at the sole election
of Confluence, in the event any portion or all of an account remains unpaid 90 days after billing,
the Client shall pay all costs of collection, including reasonable attorney’s fees.
17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and
there are no representations, warranties or undertakings made other than as set forth herein. This
agreement may be amended, modified or terminated only in writing, signed by each of the parties
hereto.
18. INDEMNIFICATION: The Client shall indemnify and hold harmless Confluence and all of its
personnel from and against any and all claims, damages, losses and expenses (including
reasonable attorney’s fees) arising out of or resulting from the performance of professional
services, provided that any such claim, damage, loss or expense is caused in whole or in part by
the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly
employed by the Client (except Confluence), or anyone for whose acts any of them may be liable.
19. MISCELLANEOUS: To the extent within Client’s control, Confluence shall have the right to take
photographs, and make other reasonable promotional use of the project, and Confluence shall be
given appropriate credit on all construction signs or other promotional materials concerning the
project. Client may accept Confluence’s Proposal either by signature, or oral assent, authorizing
Confluence to commence providing professional services or making any payments to Confluence
in consideration of professional services, and any of the above modes of acceptance shall be
deemed to incorporate these Business Terms into the contract between the parties thereby
formed.
20. OWNERSHIP OF DOCUMENTS: All documents produced by Confluence under this agreement shall
remain the property of Confluence and may not be used by the Client for any other endeavor
without written consent.