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2D. Approval to Proceed With Design Consultant - Youth Athletic ComplexIncorporated 1892 Felephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 TO: Clarence W. Krepps, City Manager FROM: Michael Baker, Director Parks and Recreation DATE: September 6, 1996 RE: Recommendation of Consultant selection Clarence, On Friday, August 30 the youth athletic committee met to interview and make recommendation for a design consultant. Requests for Proposals were distributed and submittals reviewed prior to the interviews. A unanimous consensus to select the qualified team of Dennis Carver (Engineer) Carl Thuesen (Landscape Architect), and Bruce Lutz (Landscape Architect) was reached by the committee for engineering and design services. The contract documents are being developed for distribution and Council review. However, due to the late hour, and the fact that Mr. Carver has just returned to town, and all parties involved, the contract documents will be ready for Council review during its work session, and then approval on September 23. I hope this meets with your satisfaction. Thank you for your consideration of this matter. If you have any questions, please don't hesitate to call. MB/dlw Douglas Rauthe Mayor Clarence W. Krepps City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV Contract for Design Services Kalispell Youth Athletic Complex THIS AGREEMENT made as of September 23 in the year Nineteen Hundred and Ninety Six by and between the City of Kalispell acting by and through its DIRECTOR, KALISPELL PARKS AND RECREATION (KP&RD), hereinafter called the Owner, and Sitescape Associates, Carl Thuesenand Carver Engineering, hereinafter called the DESIGN CONSULTANTS, for the following project: KALISPELL YOUTH ATHLETIC COMPLEX. A. BASIC AGREEMENT The DESIGN CONSULTANTS shall provide professional services for the project in accordance with the Terms and Conditions of this agreement. 2. The Owner shall compensate the DESIGN CONSULTANTS for the services as follows: Phase 1: $34,000 which shall include Project Scoping and Programming, a Detailed Master Plan with Phasing and a Detailed Construction Cost Estimate for the Project. Schedule: Start, 9-23-96 to completion,12-6-96 Phase 2: Construction Documents shall be completed based on an agreed upon scope of project determined by Phase 1 and for a fee agreed upon by the Owner and the DESIGN CONSULTANTS at the completion of Phase 1. Schedule: Start,12-9-96 to completion, 2-7-97. Phase 3: Construction Observation and Inspection shall be undertaken based on an agreed upon DESIGN CONSULTANT involvement determined by Phase 2 and for a fee agreed upon by the Owner and the DESIGN CONSULTANTS at the completion of Phase 2. Schedule: to be determined by Phase 2 B. THE DESIGN CONSULTANT'S SERVICES The DESIGN CONSULTANT's Basic Professional Services consist of. Review the project budget and program furnished by the Owner and make recommendations for the refinement of the program requirements of the project, review and confirm the understanding of these requirements and other parameters with the Owner; visit the project site as required for on - site review and study; attend the necessary meetings and(or) conferences for the data gathering and coordination of the project, attend weekly meetings with the athletic associations; furnish data for application for regulatory permits; meet with the City Council to present project findings as required; determine feasibility of water and sewer extension to project site; prepare MASTER PLANS (pre -construction document) including athletic facilities, roads and parking, utilities, irrigation and other recreational facilities, research and provide a detailed preliminary cost estimate for the project and an illustrative Master Plan for project promotion and fund-raising purposes. Contract for Design Ser-,ices Kalispell Youth Athletic Complex 2 2. The DESIGN CONSULTANTS acknowledges that the DESIGN CONSULTANTing services provided to, or for the benefit of the Owner, includes reasonable justification or explanation of the Design consultant's professional decisions; those decisions may be reasonably relied upon by a contractor, professional or any other party delivering services to or installing work for the Owner in accordance with the Project for which the DESIGN CONSULTANTS was retained by the Owner. 3. Additional Professional Services not included in this agreement include a site topographic serve and a traffic study. It is understood that the DESIGN CONSULTANTS shall coordinate with and provide input to the surveying and traffic consultants for the project. 4. The DESIGN CONSULTANTS shall take minutes at all meetings and distribute typewritten copies to all parties attending the meeting. C. MASTER PLAN PHASE 1. Based on the mutually agreed upon program and project budget, the DESIGN CONSULTANTS shall prepare, for approval by the Owner, MASTER PLAN Documents consisting of drawings, cost estimate, and other documents to fix and describe the si.:e and character o{the entire Project. 2. The DESIGN CONSULTANTS shall provide five (5) sets of MASTER PLAN and Study, including the Cost Estimate, to Mike Baker, KP&RD. D. PAYMENTS TO THE DESIGN CONSULTANTS 1. Payments on account of the Design consultant's services shall be made as follows: Work shall be billed monthly based on the percentage of completed work in progress. 2. If the Project is suspended for more than six months or abandoned in whole or part, the DESIGN CONSULTANTS shall be paid his fees for services performed. 3. Payments for Reimbursable Expenses as defined in. Article below, shall be made upon presentation of the Design consultant's statement of services rendered. E. OWNER'S RESPONSIBILITIES I. The Owner shall provide information regarding the requirements for the Project as expeditiously as necessary, to avoid unreasonable delay. 2. The Owner or his representative shall examine documents submitted by the DESIGN CONSULTANTS and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Design consultant's work. Contract for Design Services Kalispell Youth Athletic Complex 3. The Owner shall furnish and pay for the structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law. F. CONSTRUCTION COST OF THE PROJECT Construction Cost does not include the fees of the DESIGN CONSULTANTS and consultants, the cost of the land, rights of ways, or other costs which are the responsibility of the Owner. 2. Estimates of Construction Cost prepared by the DESIGN CONSULTANTS represent his their) best judgment as a design professionals) familiar with the construction industry. It is recognized, however, that neither the DESIGN CONSULTANTS nor the Owner has any control over the cost of labor, material or equipment; over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the DESIGN CONSULTANTS cannot and does not guarantee that bids will not vary from any Estimate of Construction Cost 3. When a fixed limit of Construction Cost is established, the DESIGN CONSULTANTS and Owner shall determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The DESIGN CONSULTANTS may also include, in the Contract Documents, alternate bids to adjust the Construction Cost to the fixed limit. Reimbursable expenses are in addition to the Fees for Basic and Additional Services and include actual expenditures made by the DESIGN CONSULTANTS, his employees, or his consultants in the interest of the Project for the incidental expenses listed in the following paragraphs: 2. Expense of transportation and living when traveling in connection with the Project for other than regular trips from the office to the site, if authorized in writing, in advance, by the Owner. 3. If authorized in advance and in writing by the Owner, the expense of overtime work requiring higher than regular rates. 4. Reproduction and printing costs including plotting, blueprints, copies, electronic media, faxes and phone. H. RELATIONSFUP Contract for Design Services Kalispell Youth athletic Complex The relationship of DESIGN CONSULTANTS to Owner under this agreement is that of an Independent Contractor. The DESIGN CONSULTANTS is not an employee of the City of Kalispell is not carrying out the regular business of the City, and is not subject to the supervision and control of the City. Each of the parties will be solely and entirely responsible for their own acts and the acts of their employees. No benefits are provided by the City of Kalispell to the Design consultant's employees. I. SUCCESSORS AND ASSIGNS The Owner and the DESIGN CONSULTANTS, each binds himself, his partners, successors, legal representatives, and assigns to the other party to this Agreement, and to the partners, successors, an assigns of such other parry in respect to all covenants of this Agreement. Neither the Owner nor the DESIGN CONSULTANTS shall assign, or transfer any interest in the Agreement without written consent of the other. J. TERMINATION OF AGREEMENT The Owner or DESIGN CONSULTANT may terminate this contract at any time and for any cause by a notice in writing from the Owner to the DESIGN CONSULTANTS or vice versa. Upon receipt of such notice, the DESIGN CONSULTANTS shall, unless the notice directs otherwise, immediately discontinue further work. E ' 2. If the contract is terminated for the convenience of the Owner, payment to the DESIGN CONSULTANTS will be made promptly for that portion of the services required under the contract for which the work was actually performed, less any payments previously made. 3. If this contract is terminated because of the failure on the part of the DESIGN CONSULTANTS to fulfill his undertakings under this contract, the Owner may take over the work and prosecute the same to completion by contract or otherwise, and the DESIGN CONSULTANTS shall be liable to the Owner for any excess cost occasioned to the Owner. K. OWNERSFBP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the DESIGN CONSULTANTS, whether the Project for which they are made is executed or not. Documents shall be used by the Owner for the sole purpose to construct this project alone. Documents may not be reproduced without advance permission of the DESIGN CONSULTANTS. L. EQUAL EMPLOYMENT OPPORTUNITY All hiring and other employment shall be nondiscriminatory, based on merit and qualifications without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. Contract for Design Services Kalispell Youth Athletic Complex 5 M. PUBLICITY Communication of information to the media regarding the project shall be the responsibility of the Kalispell Parrs and Recreation Department. This agreement entered into as of this day and year first Written above. DESIGN CONSULTANTS: Bruce F. Lutz Sitescape Associates Date: Carl Thuesen A.S.L.A. Date: Dennis Carver Carver Engineering Date: OWNER: City of Kalispell Clarence W. Krepps City Manager, City of Kalispell Date