HomeMy WebLinkAboutItem 13 - Casey's Clubhouse ITEM ,�,� o,..,� . .m
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER "
MEETING DATE: APRIL17, 2012
SUBJECT: APPROVAL TO AWARD A LANDSCAPE ARCHITECT
PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN
AND CONSTRUCTION ADMINISTRATION OF A UNIVERSAL
PLAYGROUND aka CASEY'S CLUBHOUSE/DOVE PARK
RECOMMENDATION:
City Council to consider a landscape architect professional services contract to la terra
studio for the design and construction administration of Casey's Clubhouse/Dove Park.
FUNDING SOURCE:
Funding for this purchase is currently available in account 121-48850-312-12-000014
(Council Quality of Life Fund/Casey's Clubhouse Design/Parks and Recreation 2012
Projects) for the amount not to exceed $63,750.
BACKGROUND INFORMATION:
Casey's Clubhouse started as a dream of Casey Tridico's family to have a universally
accessible playground in Grapevine. The community rallied around this and in 1998 a new
playground named "Casey's Clubhouse"was opened. This was a model playground in the
State at the time. Since opening this playground 15 years ago, many children have enjoyed
it and the wear and tear is beginning to show.
In 2010, staff researched firms that had designed all-inclusive playgrounds and hired la
terra studio to design a concept plan for what Casey's Clubhouse could be. That concept
plan was presented to City Council on February 20, 2012. On March 13, 2012, the
Purchasing department utilized the City's E-Bid system for a RFQ for design and
construction services for a Universal Playground at Dove Park (Casey's Clubhouse).
There were 148 firms notified with 23 firms viewing the RFQ and six firms submitting no-
bids. Four firms submitted proposals which were due on March 30tH
A five member evaluation committee unanimously selected la terra studio. The proposed
contract for $63,750 with la terra studio is for the landscape design, hardscape design,
irrigation, structural and plans/specs for Casey's Clubhouse. A copy of the proposed
contract is attached for review.
Staff recommends approval.
DE/BS
CONSULTANT CONTRACT
CITY OF GRAPEVINE
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
THIS CONTRACT is made and entered into this date by and between the CITY OF GRAPEVINE,
(hereinafter referred to as "CITY") and la terra studio, inc., (hereinafter referred to as "CONSULTANT")
and evidences the following:
I. PURPOSE
CONSULTANT shall provide professional landscape architecture services for construction documents for
improvement to the Casey's Clubhouse Playground at Dove Park.
II. DESCRIPTION OF SERVICES
The services which CONSULTANT shall provide for the CITY shall include the following:
A. CONSULTANT hereby covenants and agrees that CONSULTANT is to work closely with the
City's Project Manager, or his or her chosen agent, and/or other appropriate officials of the
CITY, and that CONSULTANT is to perform tasks required of CONSULTANT to fulfill the
purposes of this Contract.
B. CONSULTANT and the CITY covenant and agree that CONSULTANT shall perform all of the
services and work contained in CONSULTANT'S proposal to the CITY (attached hereto as
"Proposal"); said document being part of this Contract and incorporated in its entirety herein.
The parties agree that should there be any conflict between the terms of the incorporated
document and this Contract, the provisions of this Contract shall control.
C. CONSULTANT expressly covenants and agrees to provide the CITY with such written reports as
may be required by the scope of the proposal.
III. PERFORMANCE OF WORK
CONSULTANT or CONSULTANT'S associates and employees shall perform all the work called for in
this Contract. CONSULTANT hereby covenants and agrees that all of CONSULTANTS associates
and employees who work on this project shall be fully qualified to undertake same and competent to
do the work described in this Contract.
N. PAYMENT
The CITY shall pay to CONSULTANT a sum not to exceed what is defined in Proposal (see attached) to
perform the professional consulting services.
V. TERM OF THE CONTRACT
This Contract shall commence and be in full force and effect upon the signing of the Contract and
observance of the appropriate formalities. This Contract shall terminate as per Proposal - Billing, at
which time all of the work called for under this Contract must be completed, unless the parties mutually
agree in writing to extend the term of the Contract, or, unless otherwise terminated as provided in
Paragraph XVI herein.
Casey's Clubhouse Playground at Dove Park
City Of Grapevine
April 4, 2012
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VI. CONTRACT PERSONAL
CONSULTANT and the CITY hereby covenant and agree that this Contract provides for personal
services and that these services are not to be assigned or sublet in whole or part without the prior
written consent of the CITY.
VII. CONFLICT OF INTEREST
CONSULTANT hereby covenants and agrees that during the Contract period that CONSULTANT and
any of CONSULTANTS associates and employees will have no interest nor acquire any interest,
either direct or indirect, which will conflict in any manner with the performance of the services called for
under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to
this Contract will be conducted by employees or associates of CONSULTANT. CONSULTANT further
covenants and agrees that it understands that the Code of Ordinances of the City of Grapevine
prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect,
in any business transaction with the CITY. Any violation of this paragraph, which occurred, with the
actual or constructive knowledge of CONSULTANT will render this Contract voidable by the CITY.
VIII. CHANGE IN WORK
The CITY, through its Authorized Representative, may request changes in the scope and focus of the
activities and studies called for under this Contract. Any such change which, in the opinion of
CONSULTANT or the CITY varies significantly from the scope and focus of the work set out herein or
entails a significant increase in cost or expense to CONSULTANT must be mutually agreed upon by
CONSULTANT and the CITY. The parties herein acknowledge that any change in the scope or focus
of the work which results in the increase in compensation to CONSULTANT of the fee stated in
Paragraph 1V hereof must first be approved by the City.
IX. CONFIDENTIAL WORK
Any reports, designs, plan, information, project evaluations, data or any other documentation given to or
prepared or assembled by CONSULTANT under this Contract shall be kept confidential and may not
be made available to any individual or organization by CONSULTANT without the prior written
approval of the CITY except as may be required by law.
X. OWNERSHIP OF DOCUMENTS
CITY acknowledges that CONSULTANT owns all notes, reports, or other documents, intellectual
property or documentation used by the contractor pursuant to this agreement or in connection with its
work which are not otherwise public records. CITY acknowledges that CONSULTANT shall have
copyright privileges to those notes, reports, documents, processes and information. However,
CONSULTANT acknowledges that the finished product, the report prepared for the City, as well as city
documents reviewed in the preparation of the report, are the property of the CITY.
CONSULTANT shall provide CITY a copy of all such notes, reports, documents, and information (except
to the extent that they contain confidential information about third parties) at CITY expense upon
written request. CITY agrees to keep all such information in the strictest of confidence and not to
disclose such material to any third party or allow any third party access to such material except as
such disclosure is expressly required pursuant to applicable law.
Casey's Clubhouse Playground at Dove Park
City Of Grapevine
April 4, 2012
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XI. NONDISCRIMINATION
As a condition of this Contract, CONSULTANT covenants and agrees that CONSULTANT shall take all
necessary actions to insure, in connection with any work under this Contract, that CONSULTANT or
CONSULTANTS associates, sub-contractors, or employees, will not discriminate in the treatment or
employment of any individual or groups of individuals on the grounds of race, color, religion, national
origin, age, sex, or physical handicap unrelated to job performance, either directly or indirectly or
through contractual or other arrangements. In this regard, CONSULTANT shall keep, retain and
safeguard all records relating to this Contract for work performed hereunder for a minimum period of
three (3) years from final contract completion, with full access allowed to authorized representatives of
the CITY upon request, for purposes of evaluating compliance with this and other provisions of the
Contract.
XII. INDEPENDENT CONTRACTOR
By the execution of this Contract, the CITY and CONSULTANT do not change the independent
contractor status of CONSULTANT. No term or provision of this Contract or any act of
CONSULTANT in the performance of this Contract may be construed as making CONSULTANT the
agent or representative of the CITY.
Xlll. HOLD HARMLESS
CONSULTANT SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY WHOLE AND harmless
against any and all claims for damages, costs, and expenses to persons or property that may
arise out of, or be occasioned by, the execution or performance of this contract or any of
consultant's activities or any act of commission or omission related to this contract of any
representative, agent, customer, employee, subcontractor or invitee of consultant or any
representative, agent, employee, or servant of the city.
XIV. INSURANCE
Prior to the commencement of work under this Contract, Consultant shall obtain and shall continue to
maintain in full force and effect during the term of this Contract a comprehensive liability insurance
policy which shall include bodily injury, death, automobile liability and property damage coverage.
The minimum limits for this coverage shall be $1,000,000.00 combined single limit for liability and for
property damage. The City shall be given at least thirty days prior notice of any material change in
coverage or of cancellation of such policy.
XV. NO VERBAL AGREEMENT
This Contract contains the entire commitments and agreements of the parties to the Contract. Any
verbal or written commitment not contained in this Contract or expressly referred to in this Contract
and incorporated by reference shall have no force or effect.
XVI. TERMINATION
The CITY may, at its option and without prejudice to any other remedy to which it may be entitled at law
or in equity, terminate further work under this Contract, in whole or in part, by giving at least ten (10)
days prior written notice thereof to CONSULTANT with the understanding that all services being
terminated shall cease upon the date specified in such notice. The CITY shall equitably compensate
CONSULTANT, in accordance with the terms of this Contract for the services properly performed
prior to the date specified in such notice following inspection and acceptance of same by the CITY.
Casey's Clubhouse Playground at Dove Park
City Of Grapevine
April 4, 2012
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CONSULTANT shall not, however, be entitled to lost or anticipated profits should the CITY choose to
exercise its option to terminate.
XVII.VENUE
The parties to this Contract agree and covenant that this Contract will be performable in Grapevine,
Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Tarrant
County, Texas.
XVIII, APPLICABLE LAWS
This Contract is made subject to the existing provisions of the Charter of the City of Grapevine, Texas, its
rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State
of Texas and the United States.
XIX. CONTRACT INTERPRETATION
The parties to this Contract covenant and agree that in any litigation relating to this Contract, the terms
and conditions of the Contract will be interpreted according to the laws of the State of Texas.
XX. NOTICES
All notices, communications and reports under this Contract must be mailed or delivered to the
respective parties at the addresses shown below, unless either party is otherwise notified in writing by
the other party:
CITY: CONSULTANT:
Kevin Mitchell Michael Black
City of Grapevine la terra studio, inc.
2019 Commerce Street
Dallas, TX 75201
XXI. SEVERABILITY
In the event that any one or more of the provisions contained in this Contract shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal,
or unenforceable provision had never been contained in the Contract.
XXII. RIGHT OF REVIEW
CONSULTANT covenants and agrees that the CITY, upon reasonable notice to CONSULTANT, may
review any of the work performed by CONSULTANT under this Contract.
XXIII. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto and their successors,
and, except as otherwise provided herein, their assigns.
XXIV. CAPTIONS
The captions to the various clauses of this Contract are for informational purposes only and in no way
alter the substance of the terms and conditions of this Contract.
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City Of Grapevine
April 4, 3012
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XXV.WAIVER OF ATTORNEYS FEES
CONSULTANT and CITY expressly covenant and agree that in the event of any litigation arising
between the parties to this contract, each party shall be solely responsible for payment of its attorneys
and that in no event shall either party be responsible for the other party's attorney's fees regardless of
the outcome of the litigation.
EXECUTED this the day of
CITY OF GRAPEVINE, TEXAS
By:
City Manager
WINd
Panted ame: Michael Black, ASLA, RLA
Title: C.E.O.
CONSULTANT
Casey's Clubhouse Playground at Dove Park
City Of Grapevine
April 4, 2012
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la terra studio 1U9 �cmmaroe, d llas, '°x '752U , 214.7419XIU43 www satorrastiv fle.corp
April 4, 2012
Mr. Kevin Mitchell
Re: Proposal for Professional Services
Casey's Clubhouse Playground at Dove Park-Construction Documents
Grapevine, Texas
Agreement between Client and Landscape Architect
Dear Mr. Mitchell..
la terra studio, inc. is pleased to submit this proposal to provide Professional Services for the above referenced
project.
ARTICLE 1 -AGREEMENT
This Agreement is made and entered into effect as of the 23rd day of February, 2012.
Between the Landscape Architect's CLIENT:
City of Grapevine
Parks and Recreation
501 Shady Brook Drive, Grapevine, TX 76051
and the LANDSCAPE ARCHITECT:
la terra studio, inc.
2109 Commerce Street
Dallas, Texas 75201
1.1 PROJECT TEAM:
This proposal provides for the basic services of the project team listed below. The project team shall consist of the
following:
■ la terra studio— Prime Consultant
■ Hine Thompson Land Surveying-Surveying
■ Irri*Tech — Irrigation Design
■ Pierce Engineering- Structural Engineering
■ Engineering Associates— MEP Engineering (Mechanical Electrical and Plumbing)
ARTICLE 2—BASIC SERVICES
2.1 The LANDSCAPE ARCHITECT shall prepare contract documents for construction associated with the
implementation of Casey's Clubhouse Playground at Dove Park.
2.1.1 Construction Documents
Preparation of construction drawings which shall include documenting items as determined
by the Master Plan for approximately$660,000 worth of construction activities:
• Topographic Survey;
• Existing condition and removal plans;
• Construction layout plans;
• Site Plans (hardscape/wallslstructures)
• Grading plans;
• Site Furnishing Specifications;
• Landscape plans;
• Irrigation plans;
• Utility plans;
• Pavilion Plans for Bidding (vender to supply signed/sealed shop drawings)
• Structural Engineering (site elements only, not playground)
• Construction details
• Submittal of construction documents for City review at the 60%, 95% and Final completion.
• Preparation of updated opinion of probable construction cost which shall accompany the
60%, 95% and Final submittals.
• Technical Specifications (City to provided their standard front-end specifications)
• Bid Form
• Prepare Final Bidding Documents.
DELIVERABLES:
o Timeline
o Opinion of Probable Cost
o Construction Documents: 60% 951% and Final submittal - two (2) sets of
12"x1B"half-size and one(1) set of full size 24"x36"construction drawings and at
the 95% and Final Submittal two (2) bound copies of the technical specifications
and bid documents
o Bid Documents- One (1)set of reproducible drawings, one set of unbound technical
specifications and bid proposal form, and one file of the construction documents in
electronic format. Format for drawings shall be in PDF and Word format for
specifications and bid documents.
2.1.2 Bid Phase
■ Assist the City with the bidding process
■ Answer contractor questions
■ Attend a pre-bid conference
■ Issue Addendum
2.1.3 Construction Observation
• Provide periodic observation during construction.
• Review Submittals
• Participate in a Punch-List site visit and issue report
■ Participate in TAS Post Construction Inspection (TDLR)
■ Participate in Final Inspection and issue report
■ Review and approve pay applications
■ Participate in a "End-of-year" warranty site visit
■ Review and approve mock-ups
■ Participate in the Post-Construction Site Inspections
Casey's Clubhouse-Grapevine
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RU
ARTICLE 3 -ADDITIONAL SERVICES
3.1 Additional Services
The LANDSCAPE ARCHITECT may provide services beyond the BASIC SERVICES listed above upon written
consent by the CLIENT. Additional services not currently included in the BASIC SERVICES fee proposal could
include the following;
• Services resulting from significant changes in the general scope, extent, or character of the project or
scope of work, and revising previously accepted studies, reports, design documents, or contract
documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes,
or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to
any other causes beyond the Landscape Architect.
• Architectural/Engineering design activities, environmental services, field surveying, or other services not
associated with the general oversight and management of the project.
• Preparation of Record Drawings
• Preparation of the SWPPP submittal documents (construction activities are anticipated to not disturb
more than 1-acre)
• Project Filing, Plan Review and Post Construction Inspection in compliance with the Texas Department
of Licensing and Regulation or an Independent Contract Provider (RAS, Registered Accessibility
Specialist) for Texas Accessibility Standards LANDSCAPE ARCHITECT shall revise the construction
documents accordingly as part of the basic services during the plan review process. (Additional Service
Fee of$1,500)
• Printing and distribution of construction documents.
• Traffic Control Plans
• Utility Mapping beyond DIGTESS information and visible utilities.
• Right-of-Way delineation for dedication.
• Wetland Determination &404 Permitting.
• Independent Post-Construction Playground Safety Audit
ARTICLE 4-COMPENSATION AND PAYMENTS
4.1 The CLIENT agrees to pay the LANDSCAPE ARCHITECT for the BASIC SERVICES listed above, a lump sum
fee of: $83,75000 Sixty Three Thousand Seven Hundred and FihyDollars The project will be invoiced as a
percentage complete of the items mentioned below:
Construction Documents $ 49,000.00
Sub Consultants
a. Surveying $2,500.00
b. MEP $4,500.00
c. Structural Engineering $2,000.00
d. Irrigation Design $1.500.00
Sub-total Sub-Consultants: $ 10,500.00
Bid Phase $ 750.00
Construction Observation $ 3.500.00
Total $ 63,750.00
Casey's Clubhouse-Grapevine
April 4°,2012 pak rpt, Page 3 of 5
4.2 ADDITIONAL SERVICES shall be provided on an hourly basis with a mutually agreed "not to exceed
amount". Hourly rates for Additional Services are as follows:
Principal 1 Registered Landscape Architect $ 135.001 hour
Intern Landscape Architect $ 75.001 hour
CADD Technician $ 60.001 hour
Administrative $ 40.001 hour
4.3 Reimbursable expenses such as postage, handling of documents, printing, and courier service are will be
billed at cost.
4.4 The LANDSCAPE ARCHITECT shall bill the CLIENT on the monthly based on the percentage of services
completed during the 30 days prior. Payments are due to LANDSCAPE ARCHITECT upon receipt of invoice.
4.5 The anticipated completion date for this project is September 15', 2012. LANDSCAPE ARCHITECT will
work diligently to meet the before mentioned completion date. Circumstances outside the control of the
LANDSCAPE ARCHITECT may cause delay and the LANDSCAPE ARCHITECT will communicate with the
CITY any anticipated delays and adjust the completion date accordingly.
ARTICLE 5- MISCELLANEOUS PROVISIONS
5.1 This Agreement is governed by the law of the LANDSCAPE ARCH ITECT'S principal place of business.
5.2 This Agreement is the entire and integrated agreement between the CLIENT and LANDSCAPE ARCHITECT.
It supersedes all prior negotiations, statements or agreements, either written or oral. The parties may
amend this Agreement, only by a written instrument signed by both CLIENT and LANDSCAPE ARCHITECT.
5.3 WARRANTY DISCLAIMER: Any language, term or condition of this agreement to the contrary
notwithstanding, the LANDSCAPE ARCHITECT makes no expressed or implied warranties of merchantability
or fitness for any purpose regarding the LANDSCAPE ARCHITECT'S service, which warranties are expressly
disclaimed.
5.4 INDEPENDENT CONTRACTOR: The CLIENT and LANDSCAPE ARCHITECT understand, acknowledge, and
agree that the LANDSCAPE ARCHITECT shall be acting as an independent contractor at all times during
the performance of this agreement and no provision or obligation expressed or implied in this agreement
shall create an employment, agency or fiduciary agreement.
5.5 THIRD PARTY BENEFICIARY DISCLAIMER: Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party against either the CLIENT or
LANDSCAPE ARCHITECT.
5.6 Neither the CLIENT nor LANDSCAPE ARCHITECT shall assign this Agreement without the written consent
of the other.
5.7 This Agreement shall be signed and returned to the LANDSCAPE ARCHITECT prior to the commencement
of services.
5.8 This Agreement is entered into effect as of the day and year first written above.
Casey's Clubhouse-Grapevine
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ARTICLE 6-STATEMENT OF JURISDICTION
6.1 The Texas Board of Architectural Examiners (TBAE) has jurisdiction over complaints regarding the
professional practices of persons registered as landscape architects in Texas.
TBAE
P.O. Box 12337
Austin, TX 78711-2337
'I 0�7 A r i' - I� (512) 305—9000
m u' http://www.tbae.state.tx.us/active/home.htmI
ARTICLE 7—SUMMARY
7.1 la terra studio, inc. is pleased to submit this proposal to you for Professional Services. We appreciate your
consideration and are excited about the opportunity to work together. If you have any questions or need
additional information, please feel free to contact us. We look forward to the successful completion of this
project.
7.2 By executing this Agreement, the LANDSCAPE ARCHITECT and CLIENT agree and accept the terms above.
LANDSCAPE ARCHITECT CLIENT
la terra studio, inc. City of Grapevine
114j,�k
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ignat re: Signature:
INairne: Michael Black, ASLA Name:
Title: CEO Title:
Date: April 4, 2012 Date:
Casey's Clubhouse-Grapevine
April e,2012 r�r�i ma�,� �r r rr,v'i I�r 0, Page 5 of 5
f.
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 17, 2012
SUBJECT: APPROVAL TO AWARD A PROFESSIONAL SERVICES
CONTRACT FOR DESIGN AND CONSTRUCTION
ADMINISTRATION FOR THE DOVE POOL RENOVATION
RECOMMENDATION:
City Council to consider award of a professional services contract to Water Technologies,
Inc. (WTI) for the design and construction administration of the Dove Pool renovation.
FUNDING SOURCE:
Funding for this purchase is currently available in account 121-44540-312-12-000011
(Council Quality of Life Fund/Professional Services/Parks and Recreation 2012 Projects)
for the amount not to exceed $157,500.
BACKGROUND INFORMATION:
Dove Pool was built in the 1960s and since that time many people have enjoyed the pool.
As newer pools and water parks have been built in the area, Dove Pool has remained a
traditional pool. Staff recommends retaining Dove Pool but adding enhancements to the
pool such as spray features and zero entry points to meet the new ADA standards.
On March 13, 2012, the Purchasing department utilized the City's E-Bid system for an RFQ
for design and construction administration services for Dove Pool. There were 148 firms
notified with 28 firms viewing the RFQ and eight firms submitting no-bids. Five firms
submitted proposals which were due on March 30th.
The five member evaluation committee selected Water Technology, Inc. (WTI). Staff
recommends hiring WTI to evaluate, design, complete construction documents, and assist
with the bidding for the renovation of Dove Pool. The proposed contract is for$157,500.
A copy of the proposed contract is attached for review.
Staff recommends approval.
DE/BS
i e 04
Proposal of Professional Services
In
Aquatic Planning, Design and Engineering
Renovation of Dove Pool
Grapevine, Texas, United States
April 5, 2012
Client
City of Grapevine
Kevin Mitchell,Asst. Director of Parks
P.O. Box 95104
Grapevine,TX, United States 75099
Consultant
Water Technology,Inc.
100 Park Avenue, Beaver Dam,WI 53916
T. (920)887-7375 F. (920)887-7999
Project Team: Haley A Panton-P.E.&Sr. Project Manager
Joel M Roderick-Designer
Daniel Wm. Henke, II-Project Manager
Water Technology, Inc. provides professional services in aquatic planning, design and engineering.
Specializing exclusively in aquatics, Water Technology, Inc. consists of experienced and dedicated
designers, engineers, architects, planners and construction administrators. Water Technology, Inc.
sincerely appreciates the opportunity to contribute to this project. Please do not hesitate to contact the
project team members listed above with any questions or concerns.
113 P 12067.01•Page 1 of 22
WTI Proposal of Professional Services
Water Technology, Inc.(WTI) proposes to act as a consultant to City of Grapevine regarding the
Renovation of Dove Pool.The purpose of this document is to define a proposed scope of services,detail
the project process,and establish a mutually agreed upon fee for the professional services of Water
Technology, Inc.
Project Description
The existing Dove Pool is a six lane L-shaped swimming pool with attached diving.There is a small
children's pool hydraulically tied to the main body of water.The City's requested renovation includes
demolition of the children's pool, renovations to the swimming pool including: reduction of the water
depth in the swimming pool,entertainment value improvements and site improvements.The swimming
pool renovation is to include the addition of approximately 1,000 SF of zero depth entry, removal of
diving and a reduction in the pool depth.Anticipated elements to increase entertainment value are 1-2
body flume slides,spray features in the zero depth entry and a climbing wall and/or other teen focused
activities.The fence line will be adjusted to increase user space, landscaping and buffers will be added as
well as additional shade structures. Mechanical equipment space will be increased to serve new spray
activities and may require modifications to the existing building structure.Additionally, a water
playground(outside of the WTi Scope) is being added to the adjacent property.The fence design will
need to address a connection from the water playground to the pool.
Project Owner
The City of Grapevine is the owner of all new or existing facilities.
Project Budget
The current project budget is anticipated to be between$1.5 to$1.75 million dollars.
Project Schedule
The current project schedule is undetermined;the City anticipates construction to begin September
2012 and the pool to be open for the 2013 swimming season.
Scope of Services
Scope Elements include the structures,systems and equipment designed or specified by Water
Technology, Inc.Water Technology will provide design services related to:
Aquatic Site Design
-Aquatic area perimeter fencing
Interior Barrier Fence and Pool Fence
y Landscaping,Turf and Irrigation
Distribution of on site Gas Service
Security Lighting
Pool Decks
Pool Deck Drain Design
Building Design
-Design Modifications of Existing Change House, Lockers, Restrooms and Equipment Buildings
-Structural modifications of existing Buildings and Foundations
"Mr 02/24/2022•12067.01•Page 2 of 11
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WTI Proposal of Professional Services
Swimming Pool Design
-Pool Basins
-Pool Course Layouts
-Pool Spray Features and Activities
-Aquatic Ride and Attraction Selections
-Pool Finishes
-Pool Circulation Piping
-Pool Pump Selections
-Pool Surge Tanks
-Pool Filtration System
-Water Treatment Methodologies
-Auxiliary Disinfection Methodologies
-Pool Water Heating System
-In Pool Lighting
-Mechanical Room Layout
Related Services included:
Electrical:
-Electrical design of power, lighting, pool grounding and bonding from existing on site power panel
HVAC:
-Mechanical design for chemical room exhaust,venting and flue related to pool heaters.
Plumbing:
-Design of potable water modifications
Elements outside of the scope of services are not the responsibility of Water Technology, Inc.The
following non-inclusive list contains known items excluded from Water Technology, Inc.'s scope of
services.
-Civil Engineering
-Geotechnical Analysis
-Su rveying
-Water Analysis and Project Testing
-Aquatic Ride and Attraction Design and Engineering
-TDLR Survey of Existing Buildings and Site by a Registered Accessibility Specialist
Project Phase Progression
Services performed by Water Technology, Inc. regarding the Scope Elements will progress through the
following sequence of phases.
Programming and Needs Assessment
Programming and Needs Assessment defines the aquatic requirements of the facility and develops the
actions and strategies to support these goals.The program will outline the intended utilization of the
pools and aquatic elements and guide the design for support of these operations.Water Technology,
Inc.will provide:
-Orientation on new concepts,economics and trends in aquatic programming and design
-Identification of aquatic recreation and entertainment needs and requirements
-Identification of items that require modification for compliance with the Texas Department of Health
Standards for Swimming Pools and Spas and requirements for Public Interactive Water Features.
-Identification of aquatic accessibility needs and requirements
nI Mir A n��� "
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P 4
WTI Proposal of Professional Services
.,Identification of sustainable options regarding Scope Elements
Water Technology will assist the client in developing:
-Prioritized aquatic design goals and objectives
-Verification of consistency of design goals with financial objectives
Concept Design
Concept Design develops a graphic representation of the program components and their relationships.
Water Technology, Inc.will provide:
-Review of existing program
-Diagrams depicting Scope Elements
Schematic Design
Schematic Design develops the conceptual design solutions to the program in graphic format.Water
Technology, Inc.will provide:
-Concepts depicting the various pools and building structures and their relationships
-Preliminary mechanical selections
-Preliminary utility loads
-Construction cost opinion for concepts
-Final concept color presentation document
Design Development
Design Development refines the Schematic Design to include selections of materials,components,and
systems.Water Technology, Inc.will provide:
-Pool size data
-Preliminary utility requirements
-Feature and equipment selections
-Feature and equipment cut sheets
-Preliminary structural opinion
-Refinement of Building and Site modifications
-Rough order of magnitude opinion of cost
-DD Drawings and Specifications
Construction Documents
The Construction Documents phase develops the written and graphic information for use in the
construction of the facility. Drawings will be provided in electronic pdf format. Water Technology, Inca
will provide:
-Drawings for Scope Elements
-Specifications for Scope Elements
-Inter-Disciplinary Design Review for utility requirements
-Correspond with local code officials regarding construction approvals and permits
-Final opinion of probable cost
Bidding and Negotiation
The Bidding and Negotiation phase addresses bidders questions,evaluates proposed substitutions,and
reviews and selects contractors.Water Technology, Inc.will provide:
-Conduct a pre-bid meeting
-Issue clarifications in addenda
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WTI Proposal of Professional Services
-Review bids
-Assistance in interviewing contractors
Construction Administration
Construction Administration includes observing construction for conformance with drawings and
specifications, reporting of contractor performance,and continued consultation.Water Technology, Inc.
will provide:
-Shop Drawing Review
-Correspondence with Health Department officials regarding questions during construction
-Perform bimonthly site visits
-Issue field reports documenting observations
Review the contractor prepared punch list
-Review operating instructions provided by contractor
Provide consultation during the start-up process
Client Responsibilities
The City of Grapevine shall provide,at no cost to Water Technology, Inc.,the following documents and
services:
-Site Plans and Surveys
-Geotechnical Reports
-Local Water Analysis
-Record Drawings
-Project testing analysis, including soils,concrete and other tests which WTI may reasonably request.
-Special project related insurance and legal services
-Any necessary permits and fees
-Approval of SD documents
-Approval of DD documents
-Approval of CD documents
-Plan holders list during bidding
-Bid results
Project Conditions
Water Technology, Inc.proposal is based upon standard soil conditions with an assumed bearing
capacity of 2,500 pounds per square foot. If soil conditions differ, or include expansive soils,
environmental concerns, high groundwater, organics or other deleterious conditions, additional
structural services and fees may be required.
Unless otherwise noted,Water Technology, Inc.will create all drawings in 2D AutoCAD and provide
drawings to client in a PDF or DWF format. Documents will include plan views,sections and pertinent
details.
Water Technology, Inc.will provide professional seal on documents submitted to permitting agencies.
Slide and ride attractions are designed,sealed and permitted by their respective manufacturer.
0 02/24/2012•12067.01•Page 5 of 11
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I Proposal of Professional Services
Terms and Conditions
The services and compensation of Water Technology, Inc. (hereinafter WTI)are based on the following
conditions unless otherwise noted in the accompanying proposal:
1. Basis of Agreement
1.1 This proposal incorporates by reference AIA Document 8101-2007,Standard Form of
Agreement Between Owner and Architect.
1.2 The general conditions of the contract will be defined in AIA Document A201-2007,General
Conditions of the Contract for Construction.
2. Scope of Services
2.1 Services offered are limited to those services described in the proposal. No other services
are offered or implied unless specifically addressed in the proposal.
3. Expiration
3.1 The attached proposal is considered valid for a period of ninety(90)days from the date of
the proposal or its last revision date,if any. Proposals older than ninety(90)days are
expired, unless reissued by WTI with a reissue date.
4. Payment
4.1 All proposals are based upon payment in US dollars. Invoices will be issued monthly and
are payable within forty-five(45)days of date of invoice. An interest rate of one percent
(1.0°6) per month will be payable on any amount not paid within this time period.
Attorney's fees and any other costs incurred in collecting delinquent accounts shall be paid
by Client.
4.2 WTI will invoice professional fees monthly,on a percent complete basis,throughout the
project term.
S. Hourly Charges/Additional Services
5.1 WTI personnel will be charged at the following rates:
Principal/Project Leader $150.00
Project Manager $105.00
Project Designer $95.00
CAD Technician $65.00
Administrative $55.00
5.2 These rates are valid for a period of twelve(12)months from date of an accepted proposal.
These rates are not valid for work involving claims settlement,expert witness or litigation
work.
5.3 Additional services, if requested by Client,will be performed on a stipulated sum or hourly
basis,as agreed to in writing by both parties prior to initiating the additional services.
6. Reimbursable Expenses
6.1 Expenses and services not directly provided by WTI will be invoiced at one and 10/100
(1.10)times cost. Reimbursable expenses include travel expenses, printing of drawings
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and/or specifications and expedited delivery service. International travel is business class
air. Domestic airfare will be coach. These costs are not included in WTI's fee unless
specifically noted as included in our proposal.
.1 Air fares are based on fourteen (14)days advanced purchase. Costs associated with
customer requested modifications to travel arrangements after purchase by WTI
will be an addition to the contract sum.
7. Additional Project Related Costs
7.1 The following costs are not included in our proposal and should be anticipated in the
owner's budgeting.
11 Geotechnical services and reports
.2 Topographic and boundary surveys(site surveys)
.3 Testing
.4 Project related insurance, legal and safety consultant services
.5 Permits and fees
.6 Marketing and operations development
8. Project Requirements
8.1 The following information, records and electronic media will be provided to WTI at no cost:
.1 AutoCAD files of building, site and other work being prepared by others.
.2 Copies of geotechnical investigations,surveys and programming information.
.3 Complete set of plans and specifications of the building and site bid documents.
9. Standard of Care
9.1 Services provided by WTI under this Agreement will be performed in a manner consistent
with that degree of skill and care ordinarily exercised by members of the same profession
currently practicing under similar circumstances and in accordance with the governing
codes and regulations adopted at the time of the execution of this Agreement. No other
warranty or representation,either expressed or implied,is included or intended in our
proposals,contracts, plans and specifications or reports.
10. Risk Allocation
10.1 Client agrees that to the fullest extent permitted by law,WTI's total liability to Client for
any and all injuries,claims, losses,expenses, damages or claims expenses arising out of this
Agreement from any cause or causes,shall not exceed the total amount of fees for services
for this project or twenty-five thousand and no/100 dollars($25,000.00),whichever is
greater.
11. Governance
11.1 This Agreement shall be governed by the laws of the State of Texas.
12. Insurance
12.1 Notwithstanding any other provisions in this Agreement, nothing shall be construed so as
to void,vitiate,adversely affect or in any other way impair any insurance coverage held by
either party to this Agreement.
12.2 During the term of this agreement,WTI agrees to provide evidence of insurance coverage
as shown in the example Insurance Certificate attached hereto. In addition,WTI will
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WTI Proposal of Professional Services
attempt to maintain continuous professional liability coverage for the period of design and
construction of this project,and for a period of three(3)years following substantial
completion, if such coverage is reasonable available at commercially affordable premiums.
For the purposes of this agreement, "reasonably available"and"commercially affordable"
shall mean that more than half the design professionals practicing in this state in this
discipline are able to obtain such coverage.
12.3 Owner will require that any party hired for the construction of the project, including but
not limited to the general contractor,construction manager,and subcontractors will
include, in addition to the Owner,Water Technology, Inc.and it's consultants as additional
insured for all policies related to the project.
12.4 Standard linsurance carried by WTI is as follows:
General Liability(Occurrence) $1.0 Million
General Aggregate (Project) $2.0 Million
Automobile $1.0 Million
Excess(Occurrence) $4.0 Million
Workers Compensation Statutory
E&O $2.0 Million
Costs for additional coverage limits, if requested,will be paid for by Client.
13. Photography
13.1 The project architect agrees that any published photos,descriptions or award submittals of
the project that include reference to the aquatic work shall include WTI as the aquatic
consultant.
14. Client Services
14.1 As part of WTI's quality assurance program,WTI will contact the Owner regarding services
provided by WTI.
15. Miscellaneous Provisions
15.1 Dispute Resolution
.1 In an effort to resolve any conflicts that arise during the design or construction of
the project or following the completion of the project,Client and WTI agree that all
disputes between them arising out of or relating to this agreement shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise.
.2 Client and WTI further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project
and to require all independent contractors and consultants also to include a similar
mediation provision in all agreements with subcontractors,subconsultants,
suppliers or fabricators so retained,thereby providing all mediation as the primary
method for dispute resolution, between the parties to those agreements.
.3 No mediation arising out of or relating to this agreement shall include, by
consolidation,joinder or in any other manner,an additional person or entity not a
party to this agreement,except by written consent containing a specific reference
ypg to this agreement signed by Client,WTI and any other person or entity sought to be
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I Proposal of Professional Services
joined. Consent to mediation involving an additional person or entity duly
consented to by the parties to this agreement shall be specifically enforceable in
accordance with applicable law in any court having jurisdiction thereof.
15.2 Hazardous Materials
.1 Client represents to WTI that to the best of Client's knowledge no hazardous or toxic
substances within the meaning of any applicable statute or regulation are presently
stored,or otherwise located, on the project site or adjacent thereto. Further,within
the definition of such statutes or regulations,no part of the project site or adjacent
real estate, including the ground water located thereon, is presently contaminated.
15.3 Existing Conditions
.1 Inasmuch as the remodeling and/or rehabilitation of an existing site/structure
requires that certain assumptions be made regarding existing conditions,and
because some of these assumptions may not be verifiable without expending
additional sums of money or destroying otherwise adequate or serviceable portions
of the building,Client agrees,to fullest extent permitted by law,to indemnify and
hold the design professional harmless from any claim, liability or cost(including
reasonable attorney's fees and costs of defense)for injury or economic loss arising
or allegedly arising out of the professional services provided under this agreement,
excepting only those damages,liabilities or costs attributable to the sole negligence
or willful misconduct of the design professional.
15.4 Working Hours
.1 Water Technology, Inc.'s business hours are 8:00 a.m.to 5:00 p.m. central time,
week days,excluding US holidays. Business meetings,teleconferences and/or video
conferences scheduled outside of these business hours may,at Water Technology,
Inc.'s sole discretion, be subject to additional costs.
15.5 Termination
.1 Either party may terminate the agreement for convenience after seven (7)days
written notice of intent to terminate. Client shall be responsible for all costs and
charges incurred up to the date of termination,including reasonable costs for WTI
to close the work and organize files. WTI agrees not to charge for lost or anticipated
profits on the work not completed and will provide copies of work files to Client
upon receipt of final payment.
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WTI Proposal of Professional Services
Fee for Professional Services
Water Technology, Inc. offers the professional services described in this proposal for a stipulated sum.
Each phase of work,and the associated fee and planned travel, is detailed in the chart below.
Phase Fee Tri s
Programming and Needs Assessment............$12,680.00.....................................2
Concept Design...............................................$16,380.00...............................I.....
Schematic Design............................................$20,415.00.....................................
Design Development.......................................$30,440.00..................................... 1
Construction Documents................................$37,980.00.....................................
Bidding and Negotiation.................................$15,350.00.....................................
Construction Administration...........................$24,255.00..............................Bimonthly
Total..............................................................$157,500.00.................................7+CA
Professional time for meetings,conference calls and video conferences is anticipated and included in the
proposed fee. Reimbursable expenses are not included in the proposed fee and include travel and travel
related expenses.Water Technology, Inc.anticipates a total number of trips as shown in the chart above
to facilitate meetings and conduct site visits.Additional travel will be reimbursable at Water Technology,
Inc.'s currently hourly rates for professional time plus travel expenses.
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WTI Proposal of Professional Services
Endorsement of Proposal
To signify acceptance and agreement of the proposed scope and fee for professional services, please
sign on the appropriate line below.Acceptance and endorsement of this proposal will serve as notice for
Water Technology, Inc.to proceed with the project work as understood at the date of this document.
City of Grapevine
Signature Date
Name Title
Water Technology, Inc.
— d04;44:01!i� 4/5/2012
Signa ure f Date
Haley A Panton P.E. &Pro'ect Manager
Name Title
Please sign and return this complete document to Water Technology, Inc.
Hardcopy: Facsimile: Electronic:
Water Technology, Inc. 1(920)857-7999 info @wtiworld.com
100 Park Avenue
P.O. Box 614
Beaver Dam,WI 53916
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