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HomeMy WebLinkAboutCraig Ritland Landscape Architects-Professional Services Agreement-01.08.2007 AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT This Agreement, effective as of / S.—v 7 , is between the following parties: CLIENT: City of Waterloo, Iowa LANDSCAPE ARCHITECT: Craig Ritlancl Landscape Architects for the following PROJECT: CONCEPTUAL STREETSCAPE IMPROVEMENTS FOR EAST 4TH STREET ARTICLE 1: LANDSCAPE ARCHITECTS BASIC AND ADDITIONAL SERVICES A. Project Understanding 1. The project goal is to renovate the downtown Waterloo streetscape for East 4th Street from Mulberry Street to the Cedar River. 2. This proposal includes preliminary design and final design development only. Services for construction documents and construction related services are not included but will be determined at the time the services are needed and defined under a future amendment to this contract. 3. Potential components of the project include the following: a. Preliminary electronic basemap development based upon rough field measurements. b. Potential site lighting improvements c. New street pavement for,4th Street d. Concrete curb repair/replacement as required e. Partial sidewalk repair and replacement of existing stamped concrete with new decorative paving f. Identification of street tree planting needs g. Potential new intersection crosswalks along East 4th Street. 4. The Landscape Architect agrees to provide its professional services in accordance with generally accepted standards of its profession. B. Scope of Services 1. Preliminary Design Development for 4th Street Improvements a. Develop electronic basemap for site from field measurements and previous hand drawings developed for the City by our office. b. Prepare preliminary design concepts for 4th Street streetscape renovations utilizing existing hardscape (where possible), period lights, and traffic control infrastructure. Products will include block-by-block drawings illustrating proposed improvements. c. Prepare itemized preliminary cost estimates for 4th Street streetscape renovations. 2. Final Design Development for 4th Street Improvements a. Attend meetings for review of preliminary design development concepts and cost estimates. b. Develop final Design Development and Renovation Plan for 4th Street Streetscape based upon City feedback. Products will include a new series of block-by-block plans as well as more detailed pavement and intersection plans. c. Develop revised cost estimate for proposed 4th Street improvements. C. Services Not Included 1. Site Survey: Our fees do not include a topographic survey or utility survey for the project area. The proposed basemap prepared by our office for preliminary design work will be based upon aerial photos and approximated field measurements and should not be considered a replacement for a true topographic and utility survey, nor do we recommend the use of these documents for development of construction documents. 2. Storm and Sanitary Sewer: Our fees do not include storm sewer or sanitary sewer design development. 3. Construction Documents and Construction Related Services: The scope of construction documents and construction related services will be determined at the time the services are needed and defined under a future amendment to this contract. 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: CLIENT'S RESPONSIBILITIES A. Client agrees to provide Landscape Architect with all information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. B. Client agrees to provide the items described in Article 2.A and to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. ARTICLE 3: ESTIMATED SCHEDULE A. Landscape Architect shall render its services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact any Project schedule. Landscape Architect will promptly notify the Client about events that may cause delays in the project schedule, as such events occur. ARTICLE 4: COMPENSATION AND PAYMENTS A. Client agrees to pay Landscape Architect as follows: Based on the complexity of the project and the amount of services anticipated, Craig Ritland Landscape Architects will provide the services described in Article 1, and in accordance with the conditions outlined in this contract, for a lump sum fee of $17,800. Preliminary Design Development $13,300 Final Design Development $ 4,500 Construction Documents TBD Construction Related Services TBD 1. Billing for services will be hourly, at the rates listed below, and submitted monthly as the work progresses. 2. Billing rates effective through August, 2007: Craig Ritland, FASLA, Principal $110.00/hr. Mark Kuiper, ASLA, Project Manager $80.00/hr. B. Reimbursable Expenses include, but are not limited to: reproduction, postage, and handling of documents and Client requested renderings and models. C. Landscape Architect shall bill Client for Basic and Additional Services and Reimbursable Expenses once a month. All payments are due Landscape Architect upon receipt of invoice. ARTICLE 5: 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 6: 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 7: 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 8: 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. K. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. LANDSCAPE ARCHITECT CLIENT: The City of Waterloo, Iowa Ce2a __ Craig Ritland, FASLA, Principal Tim Hurley, Mayor Signature Dated: December 28, 2006 License/Certificate No. IOWA 095 Renewal Date: June 30, 2007 Dated / F"O 7 ATTEST BY: Nanc Ecke ity Clerk Dated l g^U �J 'l