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HomeMy WebLinkAboutItem 17 - Landscape Architecture Kubota DriveMEMO TO: • •' C •' AND MEMBERSOF • FROM: • RUMBELOW, CITY MANAGER V MEETING DATE: JUNE 7, 2016 SUBJECT: LANDSCAPE ARCHITECTURE SERVICES CONTRACT FOR KUBOTA DRIVE RECOMMENDATION: City Council to consider awarding a landscape architecture contract to Dunaway Associates, Inc. in the amount of $19,875 for the conceptual landscape plan for Kubota Drive. IIOIi•I ]Ii•LeLY�1�l Funding for this purchase is currently available in account 124-44540-124-1 for a total amount not to exceed $19,875. BACKGROUND: Staff sent out an RFQ for design services for landscape architectural firms in Texas. The scope for the project is Kubota Drive/Ring Road, entry areas at State Highway 121 and Grapevine Mills Boulevard. Ten firms submitted RFQs in April to the Parks & Recreation Department. After evaluation by the multidepartment team, five firms were selected for interviews. The five firms made presentations to the evaluation team. The team selected Dunaway Associates Inc. due to their process, team structure, and experience. The conceptual landscape design contract is attached. Once Council selects a concept plan, staff will bring back a contract for construction drawings for Council's consideration. Staff recommends approval. 6/1/2016 4:41:02 PM Dunaway No. P002600.001 Mr. Kevin Mitchell Director, Grapevine Parks & Recreation 1175 Municipal Way Grapevine, TX 76051 Reference: Proposal for Professional Landscape Architecture Services 'Kubota Drive' Streetscape Concept Development Dear Kevin: Dunaway Associates, L.P. ("Dunaway") is pleased to submit this proposal for Concept Development of the 'Kubota Drive' Streetscape in Grapevine, TX. Dunaway understands that the City of Grapevine ("City") is seeking to develop a conceptual plan for streetscape enhancements for 'Kubota Drive' from Grapevine Mills Boulevard and SH 121 as shown in Figure 1. This work will include a site meeting & programming session with City staff as well as development of a conceptual plan with cost opinion for presentation to City leaders. I. SCOPE OF SERVICES A. DATA GATHERING AND PROGRAM DEVELOPMENT The City will provide Dunaway any readily available information required to perform this Scope of Services for on-site and off-site conditions including, but not limited to: existing roadway design plans by Spiars Engineering or other consultants as necessary; development plans for adjacent properties; existing topographic survey; above and below ground utilities; easements; property lines; rights-of-way; roadways; vegetation; soils/geotechnical information, etc. Based upon the base information provided by the City, Dunaway will prepare an existing conditions/proposed conditions composite map to use as a base for evaluating the site for conceptual development. 2. Dunaway will attend one (1) kick off meeting with City staff, JLB and Spiars Engineers to review the project status, discuss the City's Goals for the project and develop a Preliminary Program for improvements. 3. On the same day as the kick off meeting, Dunaway will perform a site review with City staff to evaluate for conceptual development opportunities. 4. Dunaway will document the Preliminary Program and prepare an initial observations and analysis graphic in PDF format which and will be emailed to City Staff for review and comment by conference call with Dunaway to obtain feedback. Proposal for Professional Landscape Architecture Services `Kubota Drive' Streetscape Concept Development — City of Grapevine, TX May 26, 2016 /Page 2 B. CONCEPT DEVELOPMENT 1. Based on the initial programming meeting, site review, base information and City -approved program, Dunaway will prepare up to two (2) Initial Concept Plan Alternatives identifying potential streetscape improvements. These plans will be in black & white format and will be emailed to City Staff for review and comment by conference call with Dunaway. 2. Based upon comments by City Staff, Dunaway will prepare color Concept Alternatives and Cost Opinions for final review by City Staff. 3. Dunaway will participate in (1) conference call with City Staff to review the Concept Alternatives and Cost Opinions prior to presentation to City Council. 4. Dunaway will assist City Staff in attending one (1) Work Session with City Council to present the Concept Alternatives and Cost Opinions and gain consensus. The presentation will be prepared in powerpoint format. 5. Based on feedback from City Council, Dunaway will develop one (1) Consensus Concept Plan with Cost Opinion for emailing to City Staff. Note: The Consensus Concept Plan will illustrate scope of streetscape enhancements and landscape improvements for the 'Kubota Drive'. Dunaway will then prepare a proposal for construction documents to implement the improvements illustrated in the Final Concept Plan. Ill. ASSUMPTIONS A. The City will provide, as expeditiously as possible, all existing data and base information currently in its possession and as necessary to complete the Scope of Services described herein. All information provided by the City is assumed to be accurate and complete, unless otherwise indicated by the City. Any information required to complete this Scope of Services that cannot be readily provided by the City will remain the responsibility of the City. B. This Scope of Services does not include any topographic surveys or boundary surveys. Proposal for Professional Landscape Architecture Services `Kubota Drive' Streetscape Concept Development — City of Grapevine, TX May 26, 2016 / Page 3 C. This Scope of Services does not include any environmental engineering services such as preparing an Environmental Assessment (EA), Environmental Impact Statement (EIS), or Cultural Resource Survey. D. This Scope of Services does not include any water agency reviews, coordination or regulatory permitting with such agencies as the U.S. Army Corps of Engineers, FEMA, TCEQ, or others. E. This Scope of Services does not include any services for traffic studies or transportation engineering/planning studies. F. This Scope of Services does not include design development, construction documents, bid phase or construction administration services. G. This Scope of Services does not include design or production of any perspective renderings or marketing materials to be utilized by the City for such items as press releases, web postings, brochures, flyers, 3D animations, videos, etc. IV. BASIS OF COMPENSATION Dunaway will provide the services as described above for a lump sum of $19,875.00 (Nineteen Thousand Eight Hundred Seventy -Five and 00/100 Dollars) as follows: Scope of Services A. Data Gathering and Program Development (Lump Sum) ............................... $ 5,150.00 B. Concept Development (Lump Sum)............................................................... $ 14,225.00 C. Reimbursable Expenses* (Nat-to-Exceed)........................................................ $ 500.00 TOTAL - Basic Design Services and Reimbursable Expenses (Not-to-Exceed)........................................................................................................ $19,875.00 *Reimbursable Expenses will be additional to the Basic Design Services cost. These expenses include, but may not be limited to such items as: reproduction costs, computer plotting, printing, mounting, travel/mileage, travel/tolls, copies, photography, meals, mail/couriers/deliveries, etc. Reimbursable expenses will be paid for at cost times a 1.10 multiplier. Proposal for Professional Landscape Architecture Services 'Kubota Drive' Streetscape Concept Development — City of Grapevine, TX May 26, 2016 / Page 4 V. ADDITIONAL SERVICES Additional Services, not included in this Scope of Services, will be negotiated with the City as necessary. Compensation will be based upon either a mutually agreed lump sum fee or on an hourly basis. Items which would be considered Additional Services could include: geotechnical investigation, design of additional program items beyond what has been identified by the City for the streeetscape improvements, additional meetings with City Staff and/or presentations to City Council or other groups, etc. If this proposal meets with your approval, please sign below and return one copy to our office as our notice to proceed. We appreciate the opportunity to assist you with this project and look forward to its success. Respectfully submitted, DUNAWAY ASSOCIATES, L.P., a Texas limited partnership 0 Larry O'Flinn; ASLA Principal Director, Planning + Landscape Architecture Attachments Name: Title: Agreed & Accepted City of Grapevine Proposal for Professional Landscape Architecture Services 'Kubota Drive' Streetscape Concept Development — City of Grapevine, TX May 26, 2016 / Page 5 Figure 1. Extents of `Kubota Drive' Streetscape MERCEDES ASEG ONL PARTa' DISTRIBUTION & +' TRAINING CENTER CAMDEN RIVERWALK APARTMENTS PRIVATE PARK AND TRAIL KUBOTA NORTH AMERICAN HEADQUARTERS ;, .. ENTERTAINMENT ANCHOR HOSPITALITY! DINING OFFICE J MIXED-USE t MULTIFAMILY ' �, . •� ,��.- t DEVELOPMENT (JLB) ® - KUBOTA DR IVE Grapevi a Mi11s 81vd.� Q A A . 1 Page 1 of 2 These Standard Terms & Conditions are attached to and fully incorporated into the Base Contract. The Base Contract, together with these Standard Terms and Conditions, is sometimes called this "Agreement" herein. Basis of Compensation. Professional Services shall be billed monthly and based upon either a percent complete for lump sum tasks or Dunaway Associates, L.P.'s Standard Hourly Bili Rate Schedule, This Schedule is updated annually in January. 2016 STANDARD HOURLY BILL RATE SCHEDULE STAFF TYPE HOURLY BILL RATE Administrative ........................................ $80.00 - $100.00 Department Directors .............................. $140.00 - $245.00 Information Systems..............................$85.00 - $170.00 Marketing/Business Development.......... $95.00 - $135.00 Financial ................ ...... -- ..... ................. $100.00 - $170.00 Civil Technician ...................................... $87.00 - $95.00 Civil Designer ......................................... $108.00 - $130.00 Graduate Engineer... .............................. $105.00 - $110.00 Project Engineer .................................... $125.00 - $150.00 Assistant Project Manager ..................... $125.00 Project Manager ..................................... $145,00 - $180.00 Field Manager/Chief of Parties ............... $125.00 - $145,00 Survey Project Manager ......................... $130.00 - $160.00 Survey Party Chief ................................. $110.00 - $125.00 Survey Technician ................................. $85,00 - $105,00 Survey Field Assistant ........................... $54.00 GIS ........................................................ $95.00 - $105.00 PLA Technician.. ... .......................... $97.00 Land Planner ...................................__ $175.00 Graduate Landscape Architect..... .......... $95,00 - $100.00 Landscape Architect .............................. $110.00 - $210.00 Graduate Planner .................................. $95.00 Construction Administrator., ................... $110.00 Environmental Scientist ......................... $105.00 - $120.00 Intern.......... ............ ............................... $ 73.00 Principal.... :-..................... ......... :..... $180.00 - $285.00 Senior Technical Expert ......................... $180.00 11. Limitation of Liability. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability in the aggregate of Dunaway Associates, L.P. and Dunaway Associates, L.P.'s officers, directors, partners, employees, agents and Dunaway Associates, L.P.'s Subconsultants, and any of them, to Client and anyone claming by, through or under Client, for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of Dunaway Associates, L,P. or Dunaway Associates, L.P.'s officers, directors, partners, employees, agents or Dunaway Associates, L.P.'s Subconsultants or any of them, shall not exceed the total compensation received by Dunaway Associates, L.P. under this Agreement. Ill. No Consequential Damages. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Dunaway Associates, L.P., their employees, agents, or subconsultants. Consequential damages include, but are not limited to, loss of use and loss of profit. IV, No Duties to Third Parties. The services to be performed by Dunaway Associates, L.P. under this Agreement are intended solely for the benefit of the Client Nothing contained herein shall confer any rights upon or create any duties on the part of Dunaway Associates, L.P. toward any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of them. V. Claims Limited to Insurance Coverage. The Client and Dunaway Associates, L.P, waive all rights for damages, each against the other and against the contractors, subconsultants, agents, and employees of the other, but only to the extent covered by property insurance during or after construction, except such rights as they may have to the proceeds of such insurance. The Client and Dunaway Associates, L.P. each shall require similar waivers from their contractors, subconsultants, and agents. VI. General Contractor Duties and Responsibilities. Neither the professional activities of Dunaway Associates, L.P., nor the presence of Dunaway Associates, L.P. or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Dunaway Associates, L.P. and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The Client also agrees that the Client, Dunaway Associates, L.P. and Dunaway Associates, L.P.'s Subconsultants shall be indemnified and shall be made additional Insureds under the General Contractor's general liability insurance policy. VII. Cancellation. It is understood that this Agreement may be canceled at any time by the Client and payment shall be due based on the method of computation in Section I only on Work performed or expenses incurred to date of cancellation. Vill. Payments and Interest. Client recognizes that prompt payment of Dunaway Associates, L.P.'s invoices is an essential aspect of the overall consideration Dunaway Associates, L.P. requires for providing service to Client. Client agrees to pay all charges not in dispute within 30 days of date of invoice. A statement of charges for services will be submitted by the 15111 of each month. All accounts past due 60 days from date of invoice shall pay interest at the rate of 18% (1.5% per month), or maximum allowable by law, whichever is lower, of the past due amount per month. IX. Cessation of Services. If Client, for any reason, fails to pay the undisputed portion of Dunaway Associates, LP.'s invoices within 30 days of invoice date, Dunaway Associates, L.P, has the right to cease work on the project and Client shall waive any claim against Dunaway Associates, L.P, for cessation of services, and shall defend and indemnify Dunaway Associates, L.P. from and against any claims for injury or loss stemming from Dunaway Associates, L.P.'s cessation of service. Client shall also pay Dunaway Associates, L.P. the cost associated with premature project demobilization. in the event the project is remobilized, Client shall also pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. X. Legal Action. Subject in all respects to the other provisions of this Agreement, in the event legal action is necessary to enforce the payment terms of this Agreement, the prevailing party in any such action shall be entitled to collect any judgment or settlement sums due, plus reasonable attorney's fees, court costs and other reasonable expenses incurred by the prevailing party in connection with such collection action. XI. Dispute Resolution and Termination. In the event any bill, or portion thereof, is disputed by Client, Client shall notify Dunaway Associates, L.P. within 10 days of receipt of the bill in question, and Client and Dunaway Associates, L.P. shall work together to resolve the matter within 60 days of its being called to Dunaway Associates, L.P.'s attention. If resolution of the matter is not attained within 60 days, either party may terminate this Agreement in accordance with conditions indicated in the termination of agreement clause specked in Section VII. X11. Mediation. in an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and Dunaway Associates, L.P. agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and Dunaway Associates, L.P. further agree to include a similar mediation provision in all agreements with independent contractors and subconsultants retained for the Project and to require all independent contractors and subconsultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. XIII. Surveying Regulations. Land Surveying in the State of Texas is regulated by the Texas Board of Professional Land Surveying, Building A, Suite 156, 12100 Park 35 Circle, Austin, Texas 78753, telephone number (512) 239-5263. XiV. Reimbursable Expenses. Other charges which may apply to the Client's project include: A. Printing and reproduction shall be billed at standard commercial rates. B. All direct non -labor expense, including bid advertising, etc., and travel and subsistence for the principals and staff as required for the proper execution of the work, are charged at actual invoice cost. Filing fees paid by Dunaway Associates, L.P. will be charged at cost plus 10%. Travel by passenger vehicles shall be at a rate commensurate with IRS regulations. Page 2 of 2 C. For services not offered as a part of Dunaway Associates, L.P.'s normal services, the Client may, at his option, contract directly with the third party for such services or through Dunaway Associates, L.P. If such contracts are made through Dunaway Associates, L.P., a service charge of 10% will be added to the net amount of such contracts. XV. Certifications, Guarantees and Warranties. Dunaway Associates, L.P. shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Dunaway Associates, L,P, cannot ascertain. XVI. Assignment. Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party, Subcontracting to subconsultants, normally contemplated by the Consultant as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. XVII. Miscellaneous. A. Intellectual Property. The drawings, specifications and any other work products (including but not limited to software programs and electronic media of any description) prepared by Dunaway Associates, L.P. for this project shall remain the property of Dunaway Associates, L.P. and Dunaway Associates, L.P. shall retain all common law, statutory and other reserved rights, including the copyright, where applicable. B. Entire A reement. This Agreement is the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns. C. Counterparts. This Agreement shalt be executed with one or more separate counterparts, each of which, when so executed, shall, together, constitute and be one in the same instrument. D. -Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with the substantive laws of the State of Texas and the parties hereto agree and consent that venue for all purposes shall be in Tarrant County, Texas. E. Proposal Exgiration. The terms stated in the proposal are valid only if executed by both parties within 90 days from the date of the proposal. F. Free Publicity. Dunaway Associates, L.P. has the right to photograph the above named project and to use the photos in the promotion of the professional practice of Dunaway Associates, L.P. through advertising, public relations, brochures or other marketing materials. Should additional photos be needed in the future, the client agrees to provide reasonable access to the project.