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
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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
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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
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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
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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
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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
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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
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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
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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
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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