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Res 099-2015 10/6/2015 Resolution No. 99-2015 Resolution awarding a professional service agreement to EDA Land Planning, P.C. for preparation of construction plans and specifications for Phase 1 expansion of Riverside Cemetery in the amount of $87,020.00 WHEREAS, it is desirable to expand Riverside Cemetery in order to achieve financial self-support of the City’s cemetery operation ; and, WHEREAS, EDA Land Planning, P.C. has produced a satisfactory Master Plan for Riverside Cemetery in 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: EDA Land Planning, P.C. is hereby awarded a professional services agreement in the amount of $87,020 for the development of construction plans & specifications for the Phase 1 expansi on of Riverside Cemetery. The City Manager is authorized to execute the agreement in a form as approved by the City Attorney. PASSED AND APPROVED this the 6th day of October, 2015. ______________________________ M A Y O R ATTEST: ____________________ City Clerk Map Scope of Services E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion EDA Land Planning, PC 772 East 3300 South, Suite 110, Salt Lake City, Utah 84106 Phone: (801) 924-2296 August 25, 2015 Jack Murphy Director, Parks and Recreation City of Wichita Falls 600 11th Street Wichita Falls, Texas 76301 RE: Riverside Cemetery Expansion Construction Drawings Hi Jack, Please find attached the proposal t o develop the construction drawings for the Riverside Cemetery Expansion. The drawings will include the infill areas, the main entry, existing building refurbishment, a portion of the cremation and estate garden, and a portion of the expansion area on the east side along Clift Street, south of 3rd Street. Please note and as instructed, the proposed services do not include developing the sales maps of the new burials into a plat map for agency submission or developing a plat map consolidating the various existing and new cemetery properties into a single parcel. Detailed information on included design services is provided in the scope of work. Along with ourselves, the other consultants on the project include Biggs and Mathews, SLA Architects, TJK Consulting Engineers out of Las Vegas, and Texoma Engineering Services. All of these except SLA Architects were part of the original statement of qualifications. Thanks again for the opportunity to work with you and the other City professionals. We look forward to seeing the project come to fruition and the City realizing sales from the new burial spaces. Sincerely, Greg Graham, ASLA Texas Landscape Architect #2937 2 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion Project Understanding The City of Wichita Falls desires to develop portions of the existing cemetery and cemetery expansion area based on the concept drawings and phasing plans shown in the master plan developed by EDA Land Planning. EDA Land Planning has been asked to provide this proposal to develop the construction drawings for phase one development. The City has approximately $850,000 for design and construc tion. The areas to be addressed in the construction drawings include the infill areas, the main entry, refurbish the existing building, a portion of the cremation and estate garden, and a portion of the expansion area on the east side along Clift Street, south of 3rd Street. For the main entry area, the existing building, the cremation garden, and the east side expansion area, EDA will develop full construction drawings as noted below with the appropriate plans, details and specifications. For the infill area, EDA will develop a demolition plan and construction plan consisting of notes explaining to the contractor or city personnel needed removals and improvements. The level of detail needed to develop the infill areas is not as great as the other improvements in the cemetery. Each area that will have new burial spaces including the infill area will have a sales map developed for use by City personnel to locate burial spaces and provide information on available spaces for sale to cemetery clients. Professional services to be provided include: 1) Predesign Services a) Survey b) Geotechnical report c) Design initiation meeting held at the City offices in Wichita Falls 2) Sales Maps a) A sales map of each area with new burial space 3) Technical construction documents: a) Plans i) Demolition plan and notes ii) General plan & notes iii) Grading plan iv) Construction plan & notes (horizontal control) v) Construction details vi) Structural details and calculations (excluding existing building) vii) Planting plan, details, & notes viii) Irrigation plan, details & notes ix) Electrical and lighting plan and details x) Architectural plans and details w/ supporting engineering plans and details (mechanical, electrical, & plumbing. Note: During the pre -proposal walkthrough, a potential structural issue was noticed with regards to the foundation. In order to help keep the fee down, structural engineering analysis and design for foundation structural design and design needs resulting from the foundation issues affecting other portions of the building are not part of the basic services.) xi) Plat map of expansion area xii) Specifications 3 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion b) Project manual with specifications. As part of the project manual, the City will provide its standard bidding and contract documents revised to be specific for this project such as: i) Invitation to bid, bid form, bid security requirements, general conditions & contract for bidder, insurance requirements, bond requirements, disclosure forms, and other standard documents for public work projects. c) Construction cost estimates d) Stamped and signed bid/construction documents Article 1 Consultant’s Basic and Additional Services Basic Services Scope of Work: General Task 400 – Construction Document Development (Plans, Specifications, and Estimates) – The consultant shall develo p the construction documents based on the phase 1 drawings from the master plan document. Documents shall be submitted to the CITY for review. Construction document development shall include: Task 401 - Project Initiation Meeting – The CONSULTANT shall attend a project initiation meeting via conference call. Issues to be discussed include a review of the phase one drawings, construction concerns, city requirements, utilities, programming of the office space for the existing building, and other issues the C ITY and CONSULTANT may have. The initiation meeting shall guide the CONSULTANT throughout the construction document development process. Task 402 - Survey - The CONSULTANT shall provide a survey of existing conditions of the Riverside Cemetery including the 5.75 acres of expansion area, the infill areas, the cremation garden area, and the main entry and existing building area. The survey shall indicate 1’ contour lines, right-of-ways, boundary survey & property lines of the expansion area parcels, easements, surface features, above ground utilities, underground utilities as marked by Texas 811 & City of Wichita Falls, curb and gutter, roadways, existing building, edge of existing burials, and other site attributes affecting cemetery development. Task 403 - Plat Map - The CONSULTANT shall develop a plat map of the expansion area parcels east of the existing Riverside cemetery and west of Clift Street to consolidate parcels into a single parcel separate from the existing cemetery property. Parcels to include those owned and not owned by the CITY. Task 404 - Geo-technical Report – The CONSULTANT shall have a geotechnical evaluation performed on the site. The evaluation shall include (6) 8’ deep, (1) 15’ deep, and (1) 27' deep exploratory borings to evaluate su bsurface soil conditions and to collect soil samples for laboratory testing. Testing shall evaluate in -place moisture content and dry density, expansion/consolidation potential, shear strength, solubility, percolation, and corrosivity considerations. A written report will present findings, conclusions, and recommendations, including soil excavatability, fill/backfill compaction, foundation recommendations, pavement profile, and concrete to be utilized in construction. 4 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion Task 410 – 30% Construction Documents – The CONSULTANT shall develop the architectural construction documents to the 30% level and refine the existing phase one concept drawings to the 30% level for amenities included within the cemetery. The 30% base map shall be revised as per comments from the review meeting of the phase one drawings. Construction documents shall include an overall general plan, demolition plans, construction plans, construction details, structural details and calculations for committal pavilion and footings for community and family columbaria, granite order, grading plans, planting p lans and details, irrigation plans and details, electrical plan and specs for monument entry & irrigation controller hook up, architectural plans with associated mechanical drawings, electrical, and plumbing drawings, construction specifications, and list of probable costs. Plans shall be on 22”x34” sheets and specification shall be in book format on 8.5x11 sheets. A list of probable costs shall be developed and submitted based on these drawings. Task 415 – 30% Submittal and Review – The CONSULTANT shall submit the 30% construction documents to the CITY for review and comment. Deliverables will include specification outlines and plan and detail sheets in PDF format. Hardcopies are not needed. The CONSULTANT shall attend a review meeting via conference call to discuss the comments and redlines from the CITY. The CONSULTANT shall record the comments and redlines and submit these notes to the CITY. Task 420 – 60% Construction Documents – The CONSULTANT shall develop the construction documents to the 60% level. Documents included shall be as stated in Task 410. Comments and redlines from the CITY from the 30% submittal review shall be addressed in the 60% construction documents. Documents shall be submitted to the CITY for review and comment. Task 425 – 60% Submittal and Review – The CONSULTANT shall submit the 60% construction documents for review and comment by the CITY. Deliverables will include specifications and plan and detail sheets in PDF format (hardcopies not needed). The CONSULTANT shall attend a review meeting via conference call to discuss the comments and redlines from the CITY. The CONSULTANT shall record the comments and redlines and submit these notes to the CITY. Task 430 – 90% Construction Documents – The CONSULTANT shall develop the construction documents to the 90% level. Documents included shall be as stated in Task 410. Comments and redlines from the CITY from the 60% submittal review shall be addressed in the 90% construction documents. Documents shall be submitted to the CITY for review a nd comment. Task 440 – 90% Submittal and Review – The CONSULTANT shall submit the 90% construction documents for review and comment by the CITY. Deliverables will include specifications and plan and detail sheets in PDF format (hardcopies not needed). The CONSULTANT shall attend a review meeting via conference call to discuss the comments and redlines from the CITY. The CONSULTANT shall record the comments and redlines and submit these notes to the CITY. Task 450 – 100% Submission – The CONSULTANT shall develop the 100% construction documents for submittal based on the CITY comments and redlines from the 90% submittal review 5 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion meeting. The CONSULTANT shall provide 1 set of 22x34 stamped and signed plans, 1 set of 11x17 size plans, 1 signed set of specifications, and electronic copies of specifications in PDF and Microsoft Word formats and plans in PDF and AutoCAD DWG formats. Task 460 – Plans Check – The CONSULTANT shall submit the 100% construction documents to the CITY for plans check review and approval and to the utilities for approval. Task 470 – Final Submission - The CONSULANT shall develop the final construction drawings based on the CITY’s redlines and comments from plans check process. Final construction documents shall be submitted to the CITY for bidding and construction. The CONSULTANT shall submit 1 stamped and signed set of plans and specifications. Task 480 - Sales Map - The CONSULTANT shall develop sales maps of the areas of the cemetery that will be providing new burial space. Sales maps to be used for CITY staff to identify available space for sale for cemetery clients and for other cemetery uses. Deliverables for general task 400 stamped and signed specifications, and lists of probably costs at the 100% progress submittal epartment and various utilities shall be provided in Microsoft Excel for Windows format. -bid meeting and during construction in order to clarify any errors or ambiguities in the construction plans. Additional Services: Explanation – The following services may be provided by the CONSULTANT with the written authorization of the CITY and written acceptance of the CONSULTANT. Optional Task A – Structural Engineering of Existing Building – During a pre-proposal walkthrough of the existing building, the architect noticed potential issues in the foundation of the existing building. If the CONSULTANT and CITY determine it to be necessary, structural engineering services for the foundation and building elements affected by the foundation may be provided to address the foundation needs. Optional Task B - Additional site visits as requested by the CITY. 6 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion Excluded Services: Explanation – The following services are not part of this project but may be added if the CITY requests them from the CONSULT. Excluded Service A - Platting and plat map submittal of new burial spaces to appropriate agency. Excluded Service B - Platting consolidation of cemetery parcels into a single parcel and submission to appropriate agencies. 7 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion Article 3 Compensation A. Client agrees to pay CONSULTANT as follows: 1) Basic Services for a lumps sum of: a. General Task 400 i. Landscape architecture site development drawings $35,000 ii. Survey $12,870 iii. Plat map $350 iv. Geo-technical report $5,700 v. Architectural for existing bu ilding refurbishment $11,500 1. Note: Excludes structural engineering of building vi. Mechanical, electrical & plumbing for building and site $16,000 vii. Sales Maps $5,600 Lump sum total: $87,020 (includes printing and shipping for 100% submittal an d final submission) 2) Additional Services a. Optional Task A – Structural Design of Existing Building Foundation $4,000 b. Optional Task B – Additional Site Visits Time and Material B. Reimbursable Expenses are subject to a multiple of 1.15 and inclu de, but are not limited to printing, reproduction, blue prints, postage, mileage, agricultural report testing, and handling of documents. C. CONSULTANT shall bill CITY for Basic and Additional Services and Reimbursable Expenses once a month. All payments are due CONSULTANT within 30 days from date of invoice. A service charge of 1.5% per month will be charged on all amounts due more than 30 days after the date of invoice. Article 4 Client Responsibilities A. CITY agrees to provide CONSULTANT with all inf ormation, reports, and professional recommendations requested by CONSULTANT, as stated in task 120 A, to provide its professional services. CONSULTANT may reasonably rely on the accuracy and completeness of these items. B. If agreed to by CONSULTANT and CITY, CTIY may furnish the services of the following consultants: To be determined. C. CITY agrees to advise CONSULTANT of any known or suspected contaminants at the Project site. CITY shall be solely responsible for all subsurface soil conditions unless o therwise agreed to in writing. D. CITY will obtain and pay for all necessary permits from authorities having jurisdiction over the project. CONSULTANT will assist CITY with this obligation by completing and submitting appropriate paperwork and forms to go verning authorities. CONSULTANT’S assistance, however, shall not include attendance at meeting 8 E D A L a n d P l a n n i n g ® , P . C . L a n d s c a p e A r c h i t e c t u r e • P l a n n i n g • U r b a n D e s i g n Professional Services Proposal – Riverside Cemetery Expansion with such governing authorities or creating additional or special documentation required by such authorities unless agreed to in writing. E. CITY agrees to provide the items described in Article 4.A and to render decision s in a timely manner so as not to delay the orderly and sequential progress of CONSULTANT’s services. Agreement Professional Services Agreement between the City of Wichita Falls and EDA Land Planning, P.C. for CONSULTING Services for the City of Wichit a Falls Riverside Cemetery Expansion Construction Document Development OWNER: The City of Wichita Falls; Attn: Director of Parks and Recreation, P.O. Box 1431, Wichita Falls, Texas 76307 CONSULTANT: EDA Land Planning, P.C., 772 East 3300 South Suite 110, Salt Lake City, UT 84106 PROJECT: It is the goal of this contract to develop the construction drawings for the phase one of the Riverside Cemetery Expansion. Phase one construction drawings will include technical drawings and specifications for the areas outlined as phase one in the previously developed Riverside Cemetery Expansion Master Plan document. See the Professional Services Proposal exhibit dated 8-25-2015 for additional project understanding. TIMETABLE: 1. 30% progress set November 12, 2015 2. 60% progress set December 17, 2015 3. 90% progress set February 4, 2016 4. 100% set for plans check March 1, 2016 5. Final stamped and signed construction documents April 1, 2016 PAYMENT: 1. Payment for Basic Services. See Professional Services Proposal exhibi t dated 8-25-2015. 2. Payment for Additional Services. OWNER shall pay CONSULTANT for Additional Services requested and rendered as follows: 2.1. Payment for Additional Services of CONSULTANT rendered under this Contract shall be paid for at the following rates when supported by invoices: Personnel Charges Category Billing Rate Range - $ Per Hour Senior Landscape Architect $120/hr Project Landscape Architect $100/hr Draftsman $65/hr Clerical $45/hr Expenses Cost 2.2. For expenses for Additional Services, Consultant shall be compensated at the actual cost to Consultant based on rates referenced above or as previously agreed upon in writing. 3. Times of Payments. 3.1. Times of Payments--CONSULTANT shall submit monthly statements for Basic and Additional Services rendered. For Basic Services, the statements will be based upon CONSULTANT'S estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in response to CONSULTANT'S monthly statements and shall be due 30 days from date of statement. Upon conclusion of each task of Basic Services, OWNER shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such task to the following percentages o f total compensation payable for all task of Basic Services. 3.2. Past-Due Payments--OWNER agrees to pay a charge of 0.5% per month on all invoiced owed amounts not paid within 30 days of the date of the invoice, calculated from the date of the invoice. In addition, CONSULTANT may, after giving 10 days' written notice to OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services and expenses. OWNER'S REPRESENTATIVES: Jack Murphy, Director of Parks an d Recreation, City of Wichita Falls Westin Gilbert, Engineer, City of Wichita Falls X:\Projects\13 Projects\13-034 Wichita Falls Riverside Cem\Documents\Proposal\EDA Service Contract for Riverside Cemetery Construction Documents -8-25-2015.docx Page 2 BASIC SERVICES: CONSULTANT shall complete basic services as per the Professional Services Proposal dated 8 -25- 2015: ADDITIONAL SERVICES: For "Additional Services" or "Other Optional Tasks" a separate "Letter of Amendment" will be prepared, each subject to the terms and conditions of this Agreement. Said "Letter of Amendment" will define (1) Scope of Services to be performed, (2) Proposed Schedule of Services, and (3) Cost of Professional Services. Each "Letter of Amendment" will be mutually agreed upon by the O WNER and CONSULTANT, subject to the terms and conditions within this Agreement and will be executed by the CONSULTANT and OWNER. Additional Services shall only be provided by the CONSULTANT with the written authorization of the OWNER and written acceptance of the CONSULTANT. Additional Services may include meetings, travel, legal coordination and special requests as requested by the OWNER. Additional services may also include but not be limited to professional services related to consulting design, preparation of additional design alternatives and other professional services. GENERAL CONDITIONS: 1. Termination—OWNER or CONSULTANT may terminate this Agreement upon 10 days written notice to CONSULTANT with the understanding that all services being performed un der this Agreement shall cease upon the date specified in such notice. In the event of early termination, CONSULTANT shall invoice OWNER for all services completed and shall be compensated in an amount corresponding to the amount designated as compensation for each phase of the work satisfactorily completed and accepted plus an amount corresponding to the percentage of work satisfactorily completed and submitted to Owner for any phase partly completed on the effective date of the termination. 2. Ownership & Maintenance of Documents— All Operations, Marketing, and Business Plan and Master Plan documents and digital files prepared and/or assembled by CONSULTANT under this agreement shall become the property of the OWNER and shall be delivered to OWNER without r estriction on future use. OWNER’s re-use of documents on future projects will be at the sole risk of OWNER. CONSULTANT may make copies of any and all documents for its files and re-use information contained therein. CONSULTANT will maintain project records for three years after the OWNER has made final payment to the CONSULTANT and all other pending matters are closed and provide copies thereof to OWNER if requested. CONSULTANT retains it copyright rights in Construction Documents. Owner will have the right to use construction documents for Project without the permission of Consultant and Consultant will be responsible to correct the plans for errors and omissions found in said documents. Consultant understands that all documents provided to Owner will be subject to disclosure via the Texas Open Records Act. These documents shall not be reused on other projects without CONSULTANT's written permission. Reuse shall be at the sole risk of owner. CONSULTANT reserves the right to include representations of the Project in its promotional and professional materials. 3. Controlling Law--This agreement is performable and is to be governed by the law applicable in Wichita Falls, Wichita County, Texas. Sole venue for any action arising under this agreement shall be in Wi chita County, Texas. 4. Assignment of Contract-- CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but without limitations, monies that may become due or monies that are due) this Agreement without the written conse nt of the OWNER. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall preven t CONSULTANT from employing independent consultants, associates, subcontractors, and employees to assist it in the performance of services hereunder. 5. No Third -Party Beneficiaries--Nothing herein shall be construed to give any rights or benefits to anyon e other than OWNER and CONSULTANT. X:\Projects\13 Projects\13-034 Wichita Falls Riverside Cem\Documents\Proposal\EDA Service Contract for Riverside Cemetery Construction Documents-8-25-2015.docx Page 3 6. Independent Contractor --In performing services under this agreement, the relationship between OWNER and CONSULTANT is that of independent contractor, and OWNER and CONSULTANT by the execution of this Agreement do not change the independent contractor status of CONSULTANT. No term or provision of this agree ment or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT or any agent, servant or employee of CONSULTANT the agent, servant or employee of OWNER. 7. Indemnity -- CONSULTANT agrees to release, indemnify, and hold the OWNER harmless against any claims, suits, and actions for any claims of injury or damage made by or on behalf of CONSULTANT or any of CONSULTANT’s officers, agents or employees resulting from the CONSULTANT’s negligent errors and omissions from the per formance of this Contract. This indemnity shall not apply to any claim to the extent to which CONSULTANT is prohibited from indemnifying a governmental entity pursuant to Tex. Local Gov't Code § 271.904 or other law. Municipalities in the State of Texas ca nnot indemnify. 8. OWNER Responsibilities A. OWNER agrees to provide CONSULTANT with all available information and reports and professional recommendations requested by CONSULTANT, as stated in the tasks from the Basic Services to provide its professional services. CONSULTANT may reasonably rely on the accuracy and completeness of these items. B. If agreed to by CONSULTANT and OWNER, OWNER may furnish the services of the following consultants: To be determined. C. OWNER agrees to advise CONSULTANT of any kn own or suspected contaminants at the Project site. OWNER shall be solely responsible for all subsurface soil conditions unless otherwise agreed to in writing. 9. Dispute Resolution --OWNER and CONSULTANT agree to mediate claims or disputes arising out of or relating to this Agreement as a condition precedent to litigation. The local office of JAMS or Endispute or any other mediation service acceptable to the parties shall conduct the mediation. Venue for mediation shall lay exclusively in Wichita County, Texas. A demand for mediation shall be made within a reasonable time after a claim or dispute arises and the parties agree to participate in mediation in good faith. Mediation fees shall be shared equally. In no event shall any demand for mediation be made af ter such claim or dispute would be barred by applicable law. 10. Entire Agreement and Severability A. This Agreement is the entire and integrated agreement between OWNER and CONSULTANT and supersedes all prior negotiations, statements or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. B. In the event that any term or provision of this agreement is found to be void, invalid or unenforceable for any reason, that term or provision shall be deemed to be stricken from this agreement, and the balance of this agreement shall survive and remain enforceable. 11. Attorneys' Fees -- If any action in law or equity is necessary to enforce this agreement, each party agrees to pay its own attorney fees and will not seek to recover its attorney fees from the other party. CONSULTANT understands that pursuant Tex. Loc. Gov't Code Ann. § 271.153(a)(3), the total amount of money awarded in an adjudication brought against a governmental entity for breach of a contract includes reasonable and necessary attorney fees that are equitable and just. CONSULTANT expressly waives its statutory rights to recover attorney fees as outlined in § 271.153(a)(3). X:\Projects\13 Projects\13-034 Wichita Falls Riverside Cem\Documents\Proposal\EDA Service Contract for Riverside Cemetery Construction Documents-8-25-2015.docx Page 4 This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed written instrument. EXECUTED, th is the 25th day of August, 2015. OWNER: City of Wichita Falls, Texas CONSULTANT: EDA Land Planning, P.C. _________________________________ __________________________________ Darron Leiker, City Manager Gregory G. Graham, President (seal) (seal) ATTEST: ATTEST: _________________________________ __________________________________ Tracy Norr, City Clerk FORM APPROVED: ____________________________ Kinley Hegglund, City Attorney