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HomeMy WebLinkAboutPATRICK HENRY LANDSCAPE PATRICK HENRY LANDSCAPE ARCHITECTS Delynn Rutherford Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 October 14,2016 Re:Jeffersonville Redevelopment, Michigan Ave. Dear Delynn: Please find below, a proposal for creating a conceptual plan and programmable space: Objectives to explore in developing the plans for Michigan Avenue will be to: • create destination point and activate the space through the use of arts,food,entertainment, culture, education • the site should be a micro mixed use development,through combining the elements listed above with small scale shops and vendors make a place where programming entertainment will include music,arts,family functions, markets, recreational activities • provide graphic representations that express the ideas listed above Elements of the site to be explored and considered include: • green-space for organized summer sports/ice rink during winter • stage&event space adjacent to an amphitheater invite topography into the area to engage play and exploration • refurbish rail-cars to form a market space for tiny artisan shops and vendors • social event spaces such as'yoga on the lawn' and festivals • Innovative seating, lighting elements and sensory gardens • public art area for rotating artwork by local artists • public house/studio/meeting place/restrooms...a space for the community • introduce shade either with trees and/or shade structures 502-409-9384 803C EAST MARKET STREET, LOUISVILLE, KY 40206 INFO®HENRY-MCGALLIARD.COM TELEPHONE ADDRESS ENA',I_ PAGE 2 Section 1.0 Basic Services 1.1 Concept Plan Alternatives and Presentation PHLA is providing a concept for the property and presentation drawings to help the clients visualize the proposed design of the space. 1.2 Design Development Rendering 3D renderings to be determined at a later date. 1.3 Topographic Survey Survey info has not been provided. Once project has been approved, a survey will need to be completed to understand exact location of property boundaries, set-backs, easements, utilities, existing grades, etc.. PHLA can assist client in procuring those services from an engineering/surveying company. 1.4 Landscape Design,Construction Documents and Engineering Documents Preparation of construction documents to be determined at a later date. 1.5 Construction Administration Construction administration during construction phase to ensure contractor is following design intent and acceptable construction/installation practices will be determined at a later date. Section 2.0 Additional Services Any additional services, including but not limited to, permitting, utility extensions, offsite design elements, soil or environmental testing, etc.,will be charged to client at PHLA hourly rates,see attached fee schedule. Section 3.0 Compensation This contract is subject to terms outlined in the"General Terms and Conditions"attachment. The client shall compensate the Landscape Architect for services rendered in accordance with Section 1.0 as follows. Work will be phased by task and will proceed upon client authorization. 3.1 Compensation for services described in section 1.1 shall be between$6,720.00-$8,085.00,which is based on a range of design hours between 64-77 hours 3.2 Compensation for services described in section 1.2 shall be determined at a later date 3.3 Compensation for services described in section 1.3 shall be determined at a later date 3.4 Compensation for services described in section 1.4 shall be determined at a later date 3.5 Compensation for services described in section 1.5 shall be determined at a later date 502-409-9384 803C EAST MARKET STREET, LOUISVILLE, KY 40206 INFO@HENRY-MCGALLIARD.COM TELEPHONE ADDRESS E-NAIL PAGE 3 1 hope I have expressed the ideas,which you and I have discussed. If not please call me and we can discuss further,so that I may make any corrections necessary. If you are in agreement with the terms laid out above, please sign below and mail in with a 40% deposit. The remaining fees for this portion of the project will be billed upon completion of presentation drawings. We look forward to working with you on this project. Thank You, Patrick Henry Accepted: �'�—� Date: 502-409-9384 803C EAST MARKET STREET, LOUISVILLE, KY 40206 INFO@HENRY-MCGALLIARD.COM TELEPHONE ADDRESS E-MA;L PATRICK HENRY LANDSCAPE ARCHITECTS Schedule of Terms and Conditions 1. Validity and Effect 7. Absence of Construction Administration Services The following terms and conditions are hereby If the Landscape Architect's scope of services does not incorporated by reference in the proposal, letter include the usual and customary scope of construction agreement or contract ("Agreement") to which they are administration services, the Landscape Architect shall not attached. These Terms and Conditions will apply to all of be responsible for changes made by others in documents the services described in our Agreement, subject to a furnished by the Architect, for Shop Drawings, Product written amendment signed by both parties. Should you Data or samples required, for the failure of the Contractor ask us to begin work in the absence of a fully executed to construct the Project in accordance with the formal contract, you must execute the attached Proposal Landscape Architect's documents and for errors and which will be your authorization for us to commence work omissions which the Landscape Architect could have under these Terms and Conditions. reasonably foreseen had the Landscape Architect performed construction administration services. The Compensation for Professional Services(as described in Owner, to the extent permitted by law, shall indemnify, our Agreement and herein) defend and hold harmless the Landscape Architect from all damages, liability and claims arising out of those 2. Fixed Fee Projects matters discussed in the proceeding sentence. Billings are based on the percent complete of each phase of our work. 8. Invoices You will be invoiced at the end of each month and upon 3. Hourly Projects completion of our services. Invoices are due upon receipt. Billings are based on the hours worked, including travel Unpaid invoices after thirty (30) days shall bear interest at time.Where an estimated total has been given, it is not an the maximum rate allowed by law. We reserve the right to upset figure but is provided solely to assist you in project suspend work if your account is past due and we shall be planning. Our hourly rates are subject to change at the entitled to all costs incurred by us, including legal fees, if end of each calendar year and shall be adjusted in we have to take action to collect past due accounts. accordance with our normal salary review practices: 9. Owner/Responsibilities Principal $120.00 You agree to provide complete physical information about Project Mgr./Landscape Architect $90.00 the site and/or buildings and legal, accounting, and Landscape Designer $80.00 insurance counseling services as may be required by the Construction Administration $90.00 project. We shall rely on the accuracy and completeness Administration $40.00 of the information you provide to us. You agree to credit us in publicity involving the project design. 4. Consultants 10. Concealed Conditions/Existing Conditions Survey We will manage the services of the consultants under 9 Y contract to us and coordinate their documents with our The Landscape Architect shall not be responsible for the own. Unless otherwise specified in the proposal, we will verification of the condition of any existing structure, charge a fee of fifteen percent (15%) of the consultant's equipment or appliance as part of Basic Services unless it fees for these services. In addition,we will coordinate the is part of the Landscape Architect's scope stated in the Owner's consultants' design in accordance with our Proposal and verification is made only by visual design intent. observation. If the Landscape Architect's documents require changes due to conditions not visually observable 5. Reimbursable Expenses at the time of preparation of these documents, the Reimbursable expenses including, but not limited to, services will be Additional Services. photocopies, typesetting, prints, long distance communications, long distance travel, delivery, 11. Dispute Resolution photography, renderings, models, translation of CAD We will attempt to resolve any dispute relating to our Documents, project website fees, and any additional services by mediation prior to any other dispute resolution insurance that you request will be billed at standard rates process in accordance with the Construction Industry plus ten percent(10%). You also agree to reimburse us at Mediation Rules of the American Arbitration Association. our cost for any sales tax, which may be assessed for our Any claim which is not resolved by mediation will be professional services. decided by final and binding arbitration in Louisville, KY in accordance with mutually agreeable provider of arbitration 6. Additional Services services or if no agreement can be reached with the These are services to be performed at the Owner's Construction Industry Rules of the American Arbitration request which are beyond the scope of basic services Association. described in the Proposal including services to be performed after the completion date set forth in the 12. Limitation of Landscape Architect's Liability Proposal. Additional Services will be billed at our hourly To the fullest extent permitted by law, our liability to you rates or a mutually agreed fixed fee, and our consultants' for all damages arising out of our services due to any at their hourly rates, plus fifteen percent (15%). cause, including our negligence or breach, shall not exceed the amount of our available professional liability insurance limits. - 1 - PATRICK HENRY LANDSCAPE ARCHITECTS Schedule of Terms and Conditions 13. Use of Landscape Architect's Documents 18. Certifications Our drawings, specifications, and databases are The Landscape Architect shall only certify information instruments of service for use solely with respect to this which is known to the extent of its scope of services on project. As author, we retain copyright, common law, and the Project and will only certify to the best of its statutory rights. You may retain copies for reference, but knowledge, information and belief. you may not use these on other projects or to complete this project without our participation unless otherwise 19. Miscellaneous Provisions agreed to by us in a separate written agreement. As an The laws of the Commonwealth of Kentucky with out Additional Service, we will provide you with project regard to conflict of law issues shall govern our documents in a mutually agreed upon electronic file Agreement and any claim or action arising from it shall be format, except that project software or proprietary Henryl brought in this state. This Agreement represents the McGalliard Landscape Design+Build, LLC's formats are complete and integrated agreement between the parties, excluded. We will have no liability to you or others and we supercedes all prior agreements, and is binding upon our make no warranties, either express or implied, regarding successors, our assigns, and ourselves. the use,fitness or suitability of the CAD Documents. 20. Insurance 14. Termination and Suspension We are protected by Workers' Compensation, Our agreement may be terminated by either of us upon Professional Liability, and Commercial General Liability seven (7) days written notice should the other fail Insurance. We will furnish copies of insurance certificates substantially to perform by these agreed terms. In the at your request. event of termination or project suspension, you agree to pay us for services and reimbursables then due. If you suspend the project for more than thirty (30) days, then upon resumption the balance of our fee will be equitably adjusted to reflect current personnel and remobilization costs. Should our services be terminated without breach of our obligations, you agree to release us from all liability from the work we performed and to compensate us for all services performed and expenses directly attributable to termination. 15. Asbestos, Lead Paint and Hazardous Materials The Landscape Architect and Landscape Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site, except to the extent of their Environmental Consultant(s)' scope of services. To the fullest extent permitted by law, the Owner shall waive all claims, indemnify, defend and save harmless the Architect and its Consultants from all claims, damages, losses and expenses including reasonable attorney's fees to the extent caused by an existing hazardous waste conditions on site at the time of the Landscape Architect's performance of services. 16. Standard of Care In performing our services, we will use that degree of care and skill ordinarily exercised under similar circumstances by competent members of our design professions practicing as of the date of performance of the services. No implied or express warranties are applicable under the Agreement. Nothing herein establishes a fiduciary relationship between the parties nor should any term be construed to extend or exceed this standard of care. 17. Cost Estimates Cost estimates will be performed upon the Owner's request and will be based upon the Landscape Architect's experience and judgment as a Landscape Architect. The Accepted by: Owner understands that the Landscape Architect has no control over construction costs or contractor's prices and we do not guarantee that the contractor's proposals, bids, Date: or costs will not vary from our cost estimates. - 2 -