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
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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.
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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.
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