HomeMy WebLinkAboutLandscape Design Services 400 Block East Parking Lot vNc Des,
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CONTRACT FOR LANDSCAPE DESIGN SERVICES
DATE: January 18, 2010
TO: Christopher Strong
Transportation Director
City of Oshkosh, Transportation Department
926 Dempsey Trail
Oshkosh, WI 54902 -3489
FROM: Matt Merckx
Landscape Consultant/Designer
VHC Design
N2093 County Rd N, Appleton WI 54913
e -mail: matt.merckx @vandeheycompany.com
RE: City of Oshkosh, 400 Block East Parking Lot (Biofilters 1 & 2)
This is a Design Proposal from VHC Design (Consultant) to develop Landscape Designs and
construction documents for the above referenced project.
SCOPE OF SERVICES:
Phase One: Design Development / Conceptual Drawings
Task One: Site Visit & Client Consultation
Target primary objectives of the project either by site visit, fax, e-mail, or other means of
communication. Once information from the Client is established, a priority list is created to set
design goals.
Phase Two: Construction Documents
Task Two: Detailed Planting Plans
Scaled design of both biofiltration areas, to include a plant list identified by Botanical and
Common name, indicating quantity and size. Other related material such as soil, bed
preparation, edging and mulches will be identified and detailed.
Task Three: Landscape Construction Details and Specifications
We will create custom detail plans for the Landscape construction of both biofiltration areas. All
information regarding material selection, layout and dimensions will be included on the
Landscape Construction detail and specification plans. This will include information specific to
the site such as: plant instillation, soil engineering, and bark/stone mulching. The components,
preparation, and installation methods for the engineered soil will be labeled and have a detailed
component broken out in the construction specification.
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Phase Two Deliverables
• Provide electronic files at Clients request
• Construction documents three (3) sets
Consultant will supply Client with additional copies of construction documents and/or
reproducible plans if Client requires them. Any additional copies will be billed as a
reimbursable expense. Estimates upon request.
COMPENSATION
The Consultant's estimates the consulting & design services budget for the landscape portion of
the project will be $ 4,025.00. This estimate includes the scope of services as defined above as
well as all estimated reimbursable expenses and additional services: including a detailed cost
estimate and meeting attendance as detailed below. Design services are all inclusive within the
site boundaries and include working in conjunction with local zoning review documents, etc.
Costs for additional services shall be negotiated and set forth in a written amendment to this
agreement executed by both parties prior to proceeding with the work covered under the subject
amendment.
• Detailed Cost Estimate
VHC Design will provide an estimate of Landscape Construction costs based on exact
quantities and descriptions of materials shown on the finial construction documents. This
service is included in initial design services.
• Meeting Attendance
VHC Design is willing to represent Client at three (3) meetings that may be necessary and /or
required by municipalities such as permit approval, etc.
• Reimbursable Expenses
➢ In house document reproduction: Xerox copying and blue prints.
➢ Outside reproductions and presentation exhibits: Mylar's, vellums, extra sets of
construction documents, bidding packages, and photographs or slides from
professional reproduction companies and/or film developers which are in addition to
quantity specified in contract, mounting drawings on foam core board and laminating
presentation drawings.
➢ Communications: Expense of postage, long distance phone calls, fax, modem
transmission, messenger services, and /or express shipping.
➢ Travel: Mileage expense in connection with the Project if the project site is farther than
50 miles (one way) from Vande Hey's Landscape Center, Inc.'s office.
➢ Special Requests: Expense of color reproductions, photographs, renderings, models,
videos, or other requests by the Client.
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➢ Government Approvals: Attendance at public hearings and before government bodies
will be expensed at an hourly rate. It is difficult to predict the number of meetings
required or the length of such meetings. Additionally, fees for licenses and/or permits
in connection with the Project will be expensed to the Client.
CLIENT'S RESPONSIBILITY
The Client shall furnish, at the Consultant's request, such information as is needed by the
Consultant to aid in the progress of the project, providing it is reasonably obtainable from the
Client's records. The Consultant shall be entitled to rely on the accuracy of the information
provided.
TIME
The conditions and fees of the contract are valid for 30 days. The Consultant is ready and able
to start the design work within a week upon acceptance of the contract. The work outlined in
the scope of services presented in this contract shall be completed within 30 days of
acceptance of the contract, except upon mutual agreement between the two parties. If the
contract is acceptable, Client is to return a signed copy with the down payment.
ACCEPTANCE OF PROPOSAL:
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AM/M / ce Z C I 17 t O
Matt erckx Date
Landscape Consultant /Designer
VHC Design
AUTHORIZATION
Mark A. Rohloff D e
City Manager
City of Oshkosh
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officers and affixed their corporate seals hereto as
of the day and year first above written.
CITY OF OSHKOSH
MA K A ROHLOFF
CITY MANAGER
a AB
PAMELA R. UBRIG
CITY CLERK
APPROVED BY:
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
1.Y 7 N A. LORE : • N PEGG A'STEENO
CITY ATTORNEY DIRECTOR OF FINANCE
V oc DES1G
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CONDITIONS OF CONTRACT
Verbal Agreement / Fax Signature
The Consultant will accept a signature received via fax to perform the work as a binding
commitment by the Client to terms and conditions of the Contract. The Client is responsible to
return the signed proposal to the Consultant as soon as possible. The Client will be held liable
for any work performed based on a signature received via fax.
Termination
The Client can terminate the contract by written notice. The work on the project will be officially
terminated on the third (3 working day after receiving the notice. The Client will be
responsible for all services rendered up to the date of termination, all reimbursable expenses, all
materials ordered for the project if the orders can not be cancelled. The contract can be
terminated by the Consultant seven (7) days after the date of a written notice.
Modification of Scope of Work
Should the Client modify the scope of work outlined in the contract, the Consultant reserves the
right to re- negotiate the contract to reflect any changes in the work scope.
Payment Terms
All contracts require a 50% down payment. Terms are net 10 days from invoice date, unless
otherwise specified. A Finance charge of 1.5% per month will be charged on all accounts past
due (annual percentage of 18 %). Client is responsible for collection costs including attorney
fees.
Contractor to Hold Client Harmless
The Consultant covenants and agrees to protect and hold the Client harmless against all
actions, claims and demands of any kind or character whatsoever which may in any way be
caused by or result from the intentional or negligent acts of the Consultant, its agents or
assigns, its employees or its subcontractors related however remotely to the performance of this
Contract or be caused or result from any violation of any law or administrative regulation, and
shall indemnify or refund to the Client all sums including court costs, attorney fees and punitive
damages which the Client may be obliged or adjudged to pay on any such claims or demands
within thirty (30) days of the date of the Client's written demand for indemnification or refund.
Insurance
The Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements.
Ownership
Original documents are instruments of service and remain the property of The Vande Hey
Company, Inc.
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Design /Build Rebate
The Vande Hey Company, Inc. is truly a design /build firm with all the capabilities to perform total
in house operations for each entity. Our design department has the knowledge and experience
to develop all aspects of the design while our production department is equipped to construct all
phases of the project. This unique blend of capabilities is very advantageous for our Clients.
The totals for design services can be reduced if Vande Hey's is awarded the production portion
of the project.
Fee Rebate Is As Follows:
If The Vande Hey Company, Inc. is contracted for $40,000.00 of billable work (within a one year
period from the date of the design contract), 100% of the Landscape design portion of the
design fee will be credited back toward the project. If Vande Hey's Landscape Center, Inc. is
contracted for less than $100,000.00 the credit will be as follows:
$30,000.00 - $40,000.00 75% off of design cost
$20,000.00 - $30,000.00 50% off of design cost
$10,000.00 - $20,000.00 25% off of design cost
$0 - $10,000.00 0% off of design cost
* Any and all additional reimbursable expenses and design fees will not be allocated toward
the credit back procedure.
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