HomeMy WebLinkAboutRitland + Kuiper - Professional Services Agreement - Gates and Byrnes Parks Project - 6.20.2022AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT
This Agreement, effective as of June 7, 2022, is between the following parties:
CLIENT: City of Waterloo
LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA)
for the following PROJECT: Gates Park Redevelopment
ARTICLE 1: LANDSCAPE ARCHITECT'S BASIC AND ADDITIONAL SERVICES
A. Project Understanding
You have requested our services for final design construction documents to assist you in the redevelopment of
Gates Park. We will finalize the plan for the park based upon the conceptual master plan and cost opinion we
developed under our previous agreement and will create a phased plan for the proposed improvements in
coordination with City of Waterloo staff and neighborhood stakeholders. The concept includes demolition of
existing buildings, paved areas, and pool facilities on the site and redevelopment of a new performance
structure and base, basketball courts, splash pad, and playgrounds with associated restroom buildings, grading,
paving, sidewalks, drainage, utilities, lighting, signage, play equipment, site furniture, and fencing.
The Landscape Architect will be responsible for continuing to coordinate the work of subconsultants necessary
for the completion of the design and construction related services:
• AECOM (surveying and civil engineering)
• INVISION Architecture (buildings and structures)
• MODUS (mechanical, electrical, plumbing, lighting)
• Water Technologies Inc. (splash pad and related equipment)
We are proposing the following additional services as per the terms of our existing contract:
SCOPE OF SERVICES FOR CONSTRUCTION DOCUMENTS
This will include work required to create a set of construction documents ready for bid for the proposed
improvements, including:
1. Attend coordination meetings with Gates Park Design Committee, City staff, and other consultants as
required.
2. Coordinate with the following AECOM Final Design tasks:
a. Topographic and utility survey for all areas not previously surveyed to provide a complete
basemap of the project site.
b. Soil borings and geotechnical engineering (provided by Terracon Consultants). The geotechnical
engineering will include the necessary laboratory testing, classifications and geotechnical
engineering analysis required to develop the final geotechnical engineering recommendations for
the project. Deliverables will consist of a boring layout plan, boring logs and Geotechnical
Engineering Report. Environmental assessment of the site or identification of contaminated or
hazardous materials or conditions is not included in this scope.
c. Final design construction documents for demolition, SWPPP and stormwater detention, site
grading, underground utilities (sanitary sewer, storm sewer, water supply, site lighting,
pavements, railings, and retaining walls.
d. Coordination of improvements with U.S. Army Corps of Engineers.
3. Coordinate with the following INVISION Architecture Final Design tasks:
a. Final design construction documents for performance structure, three (3) restroom buildings
including the large bathroom/pump room at the splash pad, freestanding wall with signage at the
splash pad, signage and wall enhancements for south end of the park, and entrance gate features
for the splash pad and inclusive playground.
4. Coordinate with the following MODUS Final Design tasks:
a. Final design construction documents for mechanical systems, spray pad pumps, HVAC for
buildings, plumbing for buildings, fire protection systems, electrical/lighting plans for buildings, site
lighting fixtures, sport court lighting fixtures, lighting controls, power supply, telecommunication
design, and security camera design.
5. Coordinate with the following Water Technologies Inc. Final Design tasks:
a. Confirm Aquatic Program and Capacities, and Mechanical Program
b. Develop Spray Pad Activities and Features
c. Final design construction documents for splash pad area including spray features, drain lines,
control systems, piping, filtration systems, and related mechanical equipment.
6. Prepare and provide the City a final set of drawings and project manual document to use during the
public bidding process, including final opinion of cost.
7. Answer questions and clarify bid documents throughout the bid process.
8. Provide a recommendation of award of contract during the public bidding process, including a
tabulation of all publicly -opened bids.
C. Services Not Included
The following tasks are specifically excluded from this scope, but may be added by supplemental agreement, if
needed:
1. Public Art (Sculptures, Interpretive/Wayfinding Signage, etc.)
2. 3D modeling of the park improvements beyond what was provided in the master plan.
3. Printing and reproduction costs — deliverables will include digital PDF files provided to the Client and
potential bidders. Any desired printing of reports, construction documents, or presentation graphic
boards will be billed to the Client at our direct cost.
4. Environmental Testing and Permitting for Contaminated Soils
5. Wetland Delineation
6. Asbestos Testing
7. Construction Staking
8. Construction Related Services.
D. Additional Services
1. We will identify services not included in our proposed scope of work if they are requested. We will
advise your office of the impact on our work, and propose an increase to the fee amount before any
work is undertaken that is outside our scope of services.
2. Extra services will be provided on an hourly basis at the billing rates listed below or the current hourly
rates prevailing when services are rendered.
ARTICLE 2: TERMINATION
A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice.
B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and
Reimbursable Expenses incurred up to the date of termination.
C. Upon not less than seven days' written notice, Landscape Architect may suspend the performance of its
services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred.
Landscape Architect shall have no liability because of such suspension of services or termination due to
Client's nonpayment.
ARTICLE 3: DISPUTE RESOLUTION
A. Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this
Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable
to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute
arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made
after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally.
ARTICLE 4: USE AND OWNERSHIP OF LANDSCAPE ARCHITECT'S DOCUMENTS
A. Upon the parties signing this Agreement, Landscape Architect grants Client a nonexclusive license to use
Landscape Architect's documents as described in this Agreement, provided Client performs in accordance
with the terms of this Agreement. No other license is implied or granted under this Agreement. All
instruments of professional service prepared by Landscape Architect, including but not limited to, drawings
and specifications, are the property of Landscape Architect. These documents shall not be reused on other
projects without Landscape Architect's written permission. Landscape Architect retains all rights, including
copyrights, in its documents. Client or others cannot use Landscape Architect's documents to complete this
Project with others unless Landscape Architect is found to have materially breached this Agreement.
ARTICLE 5: MISCELLANEOUS PROVISIONS
A. This Agreement is governed by the law of Landscape Architect's principal place of business.
B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and
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.
C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any
reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that
any unenforceable or invalid term or provision shall be amended to the minimum extent required to make
such term or provision enforceable and valid.
D. Neither Client nor Landscape Architect shall assign this Agreement without the written consent of the other.
E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for
construction means, methods, techniques, schedules, sequences or procedures; or for construction safety
or any other related programs; or for another parties' errors or omissions or for another parties' failure to
complete their work or services in accordance with Landscape Architect's documents.
F. To the greatest extent permitted by Iowa law, the Client agrees to indemnify, defend and hold Landscape
Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and
expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred
through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal
entities on account of any damages or losses to property or persons, including injuries or death, or
economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall
not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of
competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions.
G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any
of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert
witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate
action brought for that purpose. For purposes of this provision, "prevailing party" shall include a party that
dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance
of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or
proceeding.
H. Client and Landscape Architect waive consequential damages for any claims, disputes or other matters in
question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential
damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all
consequential damages against Landscape Architect for claims, disputes or other matters in question
arising out of or relating to the Project.
I. To the extent damages are covered by property insurance during construction, Client and Landscape
Architect waive all rights against each other and against the contractors, consultants, agents and employees
of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
described in this paragraph.
J. Client acknowledges and agrees that proper Project maintenance is required after the Project is complete.
A lack of or improper maintenance may result in damage to property or persons. Client further
acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the
results of any lack of or improper maintenance.
ARTICLE 6: COMPENSATION AND PAYMENTS
Based upon the above scope of work and services anticipated, RITLAND+KUIPER Landscape Architects (and
their subconsultants) will provide the additional services described above, and in accordance with the conditions
outlined in our contract, for a sum not to exceed $602,225.
RITLAND+KUIPER Landscape Architects $ 46,500
AECOM, Inc. $ 305,000
MODUS Engineering $ 87,040
INVISION Architecture $ 110,000
Water Technologies Inc. $ 53,685
1. Billing for services will be hourly, at the rates listed below, and submitted monthly as the work
progresses.
2. Landscape Architect shall bill Client for Basic and Additional Services (if requested and agreed to)
monthly as the work progresses. All payments are due Landscape Architect upon receipt of invoice.
3. Billing rates effective through May, 2023:
Craig Ritland, FASLA, Principal $150.00/hr.
Mark Kuiper, ASLA, Principal $150.00/hr.
Samantha Price, Associate, ASLA $100.00/hr.
SUBMITTED BY: AGREED TO:
LANDSCAPE ARCHITECT CLIENT: CITY OF WATERLOO
QuertEuz 3-frrC
F
Mar 'Kulper, ASLA, ED AP, Principal
Signature Dated: June 7, 2022 Mayor
License/Certificate No. IOWA 00413 Title
Renewal Date: June 30, 2023
Dated June 20, 2022