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HomeMy WebLinkAboutContract 54431 CSC No. 54431 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and The Broussard Group, Inc. dba TBG ("Consultant"), for a PROJECT generally described as Fort Worth Botanic Garden — Southwest Quadrant Master Plan. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment A—Scope of Services; 3. Attachment B—Verification of Signature Authority Form. Attachments A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments A or B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in preparing a Master Plan for the Southwest Quadrant of the Botanic Garden. (2)Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment A. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. However the total fee paid by the City shall not exceed a total of$129,500.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SECRETARY Page 1 of 22 FT. WORTH, TX same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one (1) year, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. This Agreement may be extended for one (1) additional one-year term upon written agreement of the parties. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Page 2 of 22 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Fort Worth Botanic Garden, Attention: Bob Byers, 3220 Botanic Garden Blvd, Fort Worth, TX 76017, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty (30) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10) days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Page 3 of 22 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on thirty (30) days written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within five (5) days of receipt of written notice and diligently complete the correction thereafter. City of Fort Worth,Texas Standard Agreement for Professional Services Page 4 of 22 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (3) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation No MBE or SBE participation is required for this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Page 5 of 22 Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by City of Fort Worth,Texas Standard Agreement for Professional Services Page 6 of 22 hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Bob Byers Garden Director 3220 Botanic Garden Drive Fort Worth, Texas 76107 With copies to the City Attorney's Office and the City Manager's Office at the following address: 200 Texas Street Fort Worth, Texas 76102 Consultant: TBG Attn: Eric Garrison 1705 Guadalupe Street, Suite 500 Austin, Texas 78701 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. CONSULTANT SHALL INDEMNIFY CITY FROM ANY PENALTIES OR LIABILITIES DUE TO VIOLATIONS OF THIS PROVISION. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. City of Fort Worth,Texas Standard Agreement for Professional Services Page 7 of 22 Article XVIII Prohibition on Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company with 10 or more full-time employees that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The term "boycott Israel' has the meaning ascribed to it by Section 808.001 of the Texas Government Code. The term "company" has the meaning ascribed to it by Section 2270.001 of the Texas Government Code. To the extent that Chapter 2270 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. Article XIX Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] City of Fort Worth,Texas Standard Agreement for Professional Services Page 8 of 22 Executed to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH CONSULTANT Dana Burghdoff(Sep 9,202 :14 CDT) Eric Garrison(Sep 8,202014:16 CDT) Dana Burghdoff Eric Garrison Assistant City Manager Principal Date: Sep 9, 2020 Date:Sep 8, 2020 APPROVAL RECOMMENDED: Richard Zavala By.Richard Zavala(Sep 8,202015:04 CDT) Richard Zavala, Director Park& Recreation Department By:Sandra Youn' o (Aug21,202017:58CDT) Sandra Youngblood, Assistant Director Park& Recreation Department M&C No.: 20-0547 APPROVED AS TO FORM AND LEGALITY M&C Date: 8/11/20 By.Richa rgA.McCracken(Sep 8,2020 21:54 CDT) Richard A. McCracken Sr.Assistant City Attorney �4�ovun�� poi FORt a Form 1295 Certification: 2020-0642925 ATTEST: Pvo o=d By: Oa��hEXASoa Mary J. Kayser City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ' — U Bob Byers Garden Director OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SECRETARY Page 9 of 22 FT. WORTH, TX ATTACHMENT A SCOPE OF SERVICES 05127r20 TB G Revised:07114f2020 Revised:0711W2020 Revised:0&20)2020 Mr_ Bob Byers Fort Worth Elotanic Garden Director Parks& Recreation Dcpartment 3220 Botanic Garden Boulevard Fort Worth,TX 76107 Proposal for Professional Design Services Client: Fart Worth Botanic Garden Project Name:Fort Worth Botanic Garden-Southwest Quadrant Master Plan Project Location; Fort Worth,Texas TB Project Number.A20204 Dear Mr. Byers, The Broussard Group,Inc_dba TBG Partners(TBG) is pleased to submitthis Proposal for Professional Design Services(the Proposal)far the above referenced Project.. e look forward to the opportunity of working with you. Please do not hesitate to call if you have any questions or need additional information_ Sincerely, Eric Garriso A Ming Primi3ai TBG 1706 gu■del ipe s.raw. sure E60 amtm,'. Y 78741 IBi 21327 1G11 tbgpmNers City of Fort Worth,Texas Standard Agreement for Professional Services Page 10 of 22 9 rVQBG SajEm s'Gudmm Manic Pion Pmpm UB,'2Mb2b The Project Team TB works in collaboration with you (Client)anti a team of professional consultants (the Design Tears)to achieve your overall Project goals. The Project This project consists of the d-ffvc lo p mc nt of a conceptual master plan for the Southwest quadrant of the Fort Worth Botanic Gardcn_The project area is defined by the Interstate 30 frontage road to the Mouth,existing retail and vacant land uscsta the west,the Will Rogers Gomplex parking and the Japanese Gardcn to the north, and Rock Springs Road and the Rock Springs Garden to the cast_The following existing garden spaces and program elements are currently located with inthc project area. — The Horseshoe — Trial Garden — Backyard Vegetable Garden — Compost Outpost — The Grove — Operations Parking and Greenhouses Design Approach Our design approach requires a thorough understanding of the Project in relation to its social,economic,and environmental context to fully realize the unique oppertunitics and constraints revealed by the site. The intent of TBG's dcsig n approach will result in a master plan that integrates the following elements: DI Existing natural and man-made systems,allowing for the appropriate preservation, enhancement andlor integration into the p.Ian, d2 Consideration for garden and operational systems along with supporting infrastructure systcros. d3. Siting of the program in relation to the natural systems noted above_ Reference Exhibit'AP below for our understanding of the current program and site Which serves as the basis for this Proposal_ In the event that the Projcct scopc changes significantly from Exhibit'A',TBG reserves the right to negotiate revisions to the Scopc of Services and associated fee allocations to align with the scope modifications_ City of Fort Worth,Texas Standard Agreement for Professional Services Page 11 of 22 RNIEIG SDATwax❑u■drara Ma51s Ran Fbpasz� 026 IL `•# R �r Gardeneraer FJrtrarrcfi Ok Fuller Garden ■r� may,, _ r k F.Ia rer.3J qp ■■ F�'M�� 1: Fr M11d1iJe Tera6 '.r ��� #Jhrtal Uf6Ed r r, ,•,'`+� �+ JaP�+rC:e 1RF Eni�r�nra Gup& , - S�'•Qwkd'ar.: p S:DD9 Area Sn_117'h d;j ThcGranro # Trul i.M4rt3Bsh0a Rpg �syin GarDen r FliockSpRngs w r P.L ilsr ztio'+•,r at, a rep�rs a,r bm-.u-tderiardirg of-Fa soap&&,d o- .wA aF ttin P�and et the prepa"Aha Proposal 5•dhstartri4eahar. s rogai�o mnsiuhra'.iona+Aoddtaral SwAoas. City of Fort Worth,Texas Standard Agreement for Professional Services Page 12 of 22 h FKHG Sm6nwm❑wdarci Maier Pion Proper 0&2G2()2b Scope of Services TBO"s design process divides our Scope of Services into three distinct phases: Discovcryr Development. and Delivery_ By adhering to these three phases in our planning and design process, projects move seamlessly from an idea expressed as a clear vision through design and implementation_ Discovery To reses rch,analyze and under."and the site context as well as program matie opportunities and constraints_ Critical tasks within Discovery include: — Task One; Site Inventory and Analysis — Task Two: Program Assessme nt a n d Analysis Development To develop the Project vision and craft its form and function,from design through documentation. Depending upon the complexity and size of a project,tasks within the Development phase may include these tasks. — Task Three: Overall Framework Plan — Task Four:Preliminary Conceptual Master Plan Development — Task Fivc: Final Conceptual Master Plan & Report Delivery To consult in the implementation of the Froject's vision through the construction phase, ensuring compliance with the intent of the overall design and its aocompanying st:ary_ If elected by the Client,TB will propose services to build upon the planning outcomes contained heroin an a phase-by-phase basis_Services may include:Schematic Design, Design Development,Construction Documentation,llidding and Negotiation Assistance and Construction Observation_ City of Fort Worth,Texas Standard Agreement for Professional Services Page 13 of 22 E FWeG Scaffi as[❑uodmo Mato Poen PmpazJ OQzW2CQU Discovery Task One Sitc Inventory and Analysis r5awgkor.of Sar1 cos TBG will work with the assign Team to study and evaluate the existing condition of the site and to organize opportunities and constraints that will impact potential design solutions. TBG will work with the Design Team to study and evaluate the existing conditions of the site and adjacent context area_This task will identify opportunities and constraints and theirimpacton ourplanning and design recommendations_ during thistask,certain studies that impact the performance of this task may be identified by TBG to the Client, To further assist TBG in this task,the Client will provide TBG with any previously prepared studies and analysis of the site. Site Inventory and Analysis will include the following,to the extent information is available to the project; — Review existing pertinent data in the form of base maps,aerial photographs, engineering information,survey information, including boundary,existing improvements,and utilities,topographic,and tree survey mapping,and existing master plan reports. — Context Analysis-relationships to adjoining land uses and garden areas,existing i ng ress)eg ress,existing development on or adjacent to the site,scenic and obtrusive view characteristics. — Site Analysis-topography,slopes and orientation,hydrology influences,drainage patterns,general ecological classification and conditions,tree and vegetative cover, soil ciharacteristics,and cilimatic infIUenoesr including wind and sun exposure. — Site Reconnaissance Visit- based on desktop assessment described above,conduct field ve rificatio n to become familiar with the site's overall characteristics and relationship to the surrou nding area. Daliwemhlm — Inventory and analysis drawingsrdiagrams,and written narratives — Site visit reportlsummary — Documentation needs or gap analysis summary to the Client and Design Tcarn Task Two Program Assessment and Analysis Ni rgmnaf Sar ms TBG will evaluate the design opportunities and constraints related to the proposed program with the Client and the Design Team to determine critical social, environmental, and economic performance expectations for the project. From the performance summary,TBG, in coordination with the design Team,will assess optimum approachlesl far the arrangement of site features and circulation City of Fort Worth,Texas Standard Agreement for Professional Services Page 14 of 22 f: RNaG Southvmsl Owdmrd Maiw Plus Rvp=A t 02U202D systems_This assessment will include consideration of supporting infrastructure and cnviron mental systems_ It will also include evaluation of,and recommendations for the Project program_ Efforts within this task may includc; — Precedent StudiesdCornparable Assessments—benchmark existing botanic gardens that may contain best practices ar similar design programs,allowing the Design Team to understand and apply lessons Icarncd from camp-arable facilitie;_ — Performance Analysis—high-lavel review of natural systems end site infrastructure to determine potential strategies far improved environmental,economic, and social performance. — Market assessment—review of demagraphicimarkct studies�2017 Visitor Intercept Report) provided by others end provided by the Client_ ewlioaraWma — Precedent study inventory and assessme nt fo r similar'best in class'developments of a similar nature and context,which may include photographie documentation andlorwrittcn narrative(sl — Performance inventory and assessment,including writton na motive(s) — Program inventory, including additional rcoommcindetions,to respond to performance-assessment above City of Fort Worth,Texas Standard Agreement for Professional Services Page 15 of 22 7 F WBG SciMrwae'4uadrar'Maio Pion Pmpmd OW20"= Development Task Three Overall Framework Plan N5 rptar of Sar ms Based on the Client's feedback and approval of ITask One and Two'sl deliverables,TBG will prepare up tothree 13)altemative framework plans for the Project;,as TBG deems applicable to the Project.This task will provide for the consideration of multiple Project scenarios with a goal of producing consensus with the CIicnt and Design Team.These plans will lead to the identification of a prcferred site configuration. This task will include the following= — TBG will prepare alternative conceptual framework plans for the Project, considering the physical and programmatic factors,leading to identification of a basic approach to the Project_ — These conceptual framework plans will depict the programmatic elements and primary circulation patterns and show the location and general programluse of each site element. — Framework plans will be prepared freehand over aerial or topographic base and allow for evaluation of options and determination of a preferred site configuration_ — Creation of a project vision and character,supported with character imageryr and resulting in a project identity. NihmmUm — Overall project vision statement and design quid ing principles — Supporting character examples and imagery — Up to three(3)freehand alternate framework sketch plans of the primary program uscs and primary circulation Ito be overlaid on aerial or topographic base maps) — Preferred overall fra mework pion showing location and extent of site improvements as defined in the approved program — Vehicular and pedestrian circulation—street and off-street types and general nctwork that will describe the primary street and circulation type in narrative or graphic format — TBG will attend two 121 meetings in Fort Worth during this phase of work to review progress and receive feedback Task Four Preliminary Conceptual Master Plan development Dan 6Mar aF Sauces Following the Clients acceptanoe of the preferred framcwork plan in Task Three,TBG will work with the Design Team to refine the pion to prcparc a PrcIirninary Conceptual Master Plan that incorporates Client comments and is suitable for review and approve L Da arabim The Preliminary Conceptual Master Plan will include the following: City of Fort Worth,Texas Standard Agreement for Professional Services Page 16 of 22 B FWBG Scuffiwas!4uadrar:MaaiQ Plan Pmpmd OW2q"25= — Location and extent of ail significant proposed land uses,overall vehicular and pedestrian circulation systems,open spacelreoreation systems and facilities_This plan will be a hand drawn aver an aerial a n dfor to pograph ic base plan — Functional diagramsof the ccredesign concept — Plan will be color rendered — TBG will attend two(2) meetings in Fort Worth during this phase of work tD review progress and receive feedback Task Five Final Conceptual Master Plan &Report Dascipmn al'Sar ces Upon the Client's acceptance of the preliminary conceptual master plan in Task Four, TBG will proceed with the final revisions to the conceptual master plan and the refined design studies of key features_TBG will produce a final master pian and an associated re port to fully describe the improvements included inthe plan, TBG will sum marize key outcomes of the design process from Tasks I0ne-Four)in a record that details the Projects context,vision,character,and preferred overall framework plan, The booklet serves as a g raphic,narrative,and summary to succinctly oommunicate the project story and inform parties critical to project implementation.These may include the design Team,cityofficials,donors,lenders,stakeholders,and other interested parties. It is intended as a living document that can be updated as the project development continues to illustrate the master plan,plan pluses,renderings,graphic design,and regulatory modifications necessary for implementing the vision_ Dalhearalalaa Based on the preferred overall framework plan,a Project Vision Rook will be prepared to generally include the following: — Inventory and Analysis summary — Program summary documentation and precedent studies — -One (1) Illustrative Conceptual Master Plan and three(3)perspective renderings — Diagrams illustrating the program,circulation system,and other items associated with the master plan — Digital model of key areas within the plan for use as or in the production of marketing graphics — Sectionfelevation graphics forany keyfeatures identified in the masterpilan — Representative character imagery that reflects the nature of the spaces and materiality in the project — Preli mine ryopinion of probable costs — Participation in one;11 public meeting to present the conceptual master plan and supporting information City of run[vvur[n, i exas Standard Agreement for Professional Services Page 17 of 22 9 RNOG" +es:Quadraro Mania-Plan Propazz OW2 r21)ZD Delivery During this phasic TBG will consult in the implementation of the Project"s vision through the construction phase, cnsUring compliance with the intent of the overall design vision and its accompanying story. Scope for these services will be identified and addressed as a separate Proposal as the Project progresses_ Proposal Assumptions TBG's Propo sal assumes and is contingent upon the following: — ClicntsheII provide the following information orscrviccs as required for performance of the work.TBG assumes no responsibiIity for the accuracy of such information or services and will not be liable for crFor; or omissions therein or the effcct-of same on TBG'M work. Should TBG be required to obtain orcompile this information, tiuch services will be cha rgcd as Additional Scrviccs. Legal descriptions of property end record drawings _ Market or demographic studies and reports — Client will review and provide comments on drawings and outline criteria provided by TB-G_ — TBG will coordinate with Ciierifs other consultants in the Design Tea im,to the extent their scope of work relates to the landscape architectural design elements within the Project_ Nofces for these consultants have been i-ncluded in Scope of Services_As schematic design and design development progress, we will make recommendations far additional sub-consultants, as needed, at an additional fee. — The following tasks arc not included in our Scope of Services: Market rescarch and demographic studies and reports — TBG shall not be FCquired to sign any documents that would result in it having to ccrtifyr guaranty, or wa€rant the cxi:tense of conditions that it cannot independently ascertain. City of Fort Worth,Texas Standard Agreement for Professional Services Page 18 of 22 I FVa9G SDudwms.Ourdrar!Mastw Flan F`opma oer4=b Schedule Senvices described herein arc contingent upon schedule requirements provided by the Client or assumed by TBG. Following are specific assumptions contained herein that arc the basis for fees and services proposed_Any changes to the assumptions provided will require wrritten acknowicdgcmentand approval of the Client and TBG prior to procccding. Should the Project schedule change or modify after contract authorization, the Projectwill he subjectto Additional Services. Significant dovietions, delays or pauses to the schedule may also be grounds for Additional Services_ Schedule Assumpticns Task Dmcrotor --no Un's Discovery Task One Site Inventory end Analysis 4 Weeks Task Two Frog ram Ass cszmcnt and Analysis 2 Weeks Development TaskThrcc OvcraII Fremcwork Plan 2 Weeks Task Four Preliminary Conceptual Masher Plan 4 Weeks Task Five Final Conceptual Master Plan & Report 6 Weeks De rivery TaskTBD Not included in this Scopc of Servrces {To be provided in a separate Proposal) Total TBG Time 18 Weeks City of Fort Worth,Texas Standard Agreement for Professional Services Page 19 of 22 11 FWBG Scu#r s.4usdrar'Made-Pion Pmp3sd OW2W2MO Fees for Professional Services Fees for basic planning services are variable given the nature and cxtcnt of public involvement and other externsI forces outside of TDG`s control,Thereforcr service fees where qusntifiable are provided as an hourly,not-to-exceed fee,billable by phase and task as indicated below- For some services,the nature and extent of service is impossible to quantify-Those services are billable on an hourly basis(per the schedule of rates provided below and can be provided incrementally based upon mutual advance agreement bctwcen TBG and the Client- H ou rly servi ces a re indicated in the schedule be law,and hourly maximum amounts can be provided upon clarification of schedule and deliverable needs, The fees for this basic Scope of Professional Services will be billed monthly, Task NscrpL Fee Fea Basis m Discovery Task One Site Inventory and Analysis $ 6,50O Lump Sum Task Two Program Assessment and $ 3500 Lump Sum Analysis Development Task Three Overall Framework Plan $ 16r00O Lump Sum Task Four Preliminary Conceptual Master $ 1750O Lump Sum Plan Task Five Final Conceptual Master Plan & $ 32r00O Lump Sum Report Delivery Tasks TBD Not included in this Scope of Services jo be provided in a separate Proposal) TBG Scope of Services Total Fees 80,500 Subeonsultants Survey $ 29500 Civil Engineering $ 350O Parking Analysis $ 7r00O Arborist $ 9r00O Total Fees $ 129r50O N37e:The TaW TBG Scope a'Snvioes fe imludm fms'o-and plairiry and andscape ercniboctire sari cos m The proposal amdudesarye�daI sabe end loco toAms oms debedrith'ha paect slo Arry sLcI: s rrqLirad by aw wi bo added bo[he proiect fee. City of Fort Worth,Texas Standard Agreement for Professional Services Page 20 of 22 12 FVdaG GDA-r ms•.❑usdrsr.Maria, Pion P-Dprs.& U$r Enb2b Fees far Additional Services Additio na I Se rvices not covered by th a Scope of Services outl in ed n bove, b ut requested in writiag by the C I ient, will be bil led on a n ho u rly b a sf sr u n less oth erwise ag reed. Fees fo r oth er s u b-consu Its nts, s uch as referenced i n Propose Assu m ptio ns, a re n of included in the Total TBG Scope of Services Fee. TEG Hourly Rates LarouI Mowry Retie Staff 1 $ 50-60 Staff 2 $ 65--8s Staff 3 $ 90-11 B Staff 4 $ 115-140 Staff 6 $ 145-254 APPROVED and agreed: The Broussard GrouP, Cnc_ &- 0W2012020 ECic -Garriso - . Doto Ma-looirg PT-ic�-al APPROVED -and agreed. Fart Worth aotanic G airden El A.rtnAzed Ager� DA:—L Tha Tens Oaerdaf.mhihec xal Exwr&ws,=G6;oda,jpa,Su. .b2.3K Austin,Farces 79741,teiap• ormjB12l WS90M.his j.jr Ydictio--i mmr aidvidaais Laeraad order[4e A cFAacts Mny stasian Law,Aakk 249.a,end 1rie Lands4mpa ArchKscts Ftagi-lral.or Law.A-�icie 249 c V57norO s Tmum;CA Smutm.Proposd coR ight 4=20 by TOG Parlrrers, h{a portion of the proposal maY ba cap od ar ostrb led W hmC the vffiHan paruismion of TBG PWzers City of Fort Worth,Texas Standard Agreement for Professional Services Page 21 of 22 ATTACHMENT B VERIFICATION OF SIGNATURE AUTHORITY TBG 1705 Guadalupe Street, Suite 500 Austin, Texas 78701 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: City of Fort Worth,Texas Standard Agreement for Professional Services Page 22 of 22 8/21/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII DATE: 8/11/2020 REFERENCE **M&C 20- LOG NAME: 80BGSWMASTERPLANTBG NO.: 0547 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of a Professional Services Agreement with The Broussard Group, Inc., dba TBG, in the Amount of$129,500.00 for Master Planning Services for the Botanic Garden Southwest Quadrant Renovation Project (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended the City Council authorize the execution of a Professional Services Agreement with The Brossard Group, Inc., dba TBG, in the amount of$129,500.00 for Master Planning Services for the Botanic Garden Southwest Quadrant Renovation Project (City Project No 102827) DISCUSSION: On April 7, 2020, Mayor and Council Communication (M&C) 20-0214 authorized the issuance of 2020 Tax Notes in an aggregate principle amount of$18,550,000.00. Of this amount, $4,300,000.00 was allocated for construction improvements related to the Botanic Garden. These funds were designated to support fifteen (15) projects to improve the guest experience and address deferred maintenance. Projects were identified in the Facility Assessment by Elements of Architecture (M&C C- 28127) The facility assessment was completed in 2018, and incorporated into the Botanic Garden Task Force recommendations adopted on November 13, 2018 (M&C G-19422) The Botanic Garden Southwest Quadrant Renovation Project would address needs identified in the facility assessment for replacement of inadequate greenhouse facilities for the Garden's nationally recognized begonia collection; for improving public access to the collection; and for repairing and upgrading trial garden, dryland garden, and outdoor educational facilities. The recommended professional services agreement would provide master planning services necessary as a first step in making those improvements. The list of pre-approved design consultants for the Park& Recreation Department was reviewed for this contract. The Broussard Group, Inc., dba TBG, was selected due to two previous stakeholder workshops and studies on this part of the Garden performed by TBG as a community service and for their high ranking on the consultant list for urban planning services. Work to be performed by The Broussard Group, Inc., dba TBG, includes base mapping and surveying, civil engineering and parking studies, an illustrative drawing of the project, and master planning services. Agreement Funding: Source Amount 2020 Tax Note Funding $129,500.00 TOTAL F$129,500.00 The total cost associated with this agreement is expected to be: Item I Cost Professional Services F$129,500.00 F—TOTAL F $129,500.00 The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified a citywide special use facility. apps.cfwnet.org/council_packet/mc_review.asp?I D=28116&councildate=8/11/2020 1/2 8/21/2020 M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds will be available in the current capital budget, as previously appropriated, of the Tax Note 2020 Fund Botanic Garden Southwest Quadrant Renovation Project. Prior to an expenditure being incurred, the Park& Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program I Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Td�u-d`g—et—F Reference# Amount ID ID Year I (Chartfield 2) Submitted for City Manager's Office by_ Valerie Washington (6192) Dana BurghdofF(8018) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Richard Zavala (5704) Bob Byers (5530) ATTACHMENTS apps.cfwnet.org/council_packet/mc_review.asp?ID=28116&councildate=8/11/2020 2/2