HomeMy WebLinkAboutContract 51793 CITY SECRETARY
3PROFCONTRACT NO. 11 93-
PROFESSIONAL
ESSIONAL SERVICES AGREEMENT
BETWEEN REDENTA'S LANDSCAPE DESIGN LLC.AND THE CITY OF FORT WORTH
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in Texas,acting by and through Jesus J. Chapa,its duly authorized Assistant City Manager,and
REDENTA'S LANDSCAPE DESIGN LLC (the "Contractor"), located at 1700 Montclair Drive, Fort
Worth,Texas 76103 and acting by and through Lorie Kinler its duly authorized Managing Officer, each
individually referred to as a"party" and collectively referred to as the"parties." City has designated
the Arts Council of Fort Worth and Tarrant County, Inc. to manage this Agreement on its behalf
("Contract Manager"). The Contract Manager shall act through its designated Public Art Collection
Manager.
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—The Artwork
3. Exhibit B—Contractor's Proposal
4. Exhibit C—Preliminary Site Design
5. Exhibit D—Budget Form
6. Exhibit E—Compensation and Payment Schedule
7. Exhibit F—Texas Sales and Use Tax Exemption Certificate
8. Exhibit G—Affidavit
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents,the terms and conditions of this Professional Services
Agreement shall control.
The term "Contractor" shall include the Contractor, and his officers, agents, employees, representatives,
servants, contractors or subcontractors.
The term"City"shall include its officers,employees,agents,and representatives.
1. SCOPE OF SERVICES.
1.1. Within six months after the Effective Date, Contractor hereby agrees to provide the City
with professional landscape design services as outlined in this section and Exhibit `B," Contractor's
Proposal,which is attached and incorporated for all purposes incident to this Agreement. The"Artwork,"
by Eliseo Garcia ("Artist"), as depicted in Exhibit "A," is owned by the City and sited in Overton Park
located at 3500 Overton Park Drive,Fort Worth 76109("Site").
1.2. Contractor shall provide plan and elevation drawings depicting site enhancements in
proximity to the Artwork ("Plan") for implementation. Contractor's Plan shall be based on. the
Preliminary Site Design as outlined in Exhibit "C" ("Preliminary Site Design") and Project Core Team
input for revisions. The "Project Core Team" is a Council Member-nominated committee of
neighborhood and community representatives that assists in the development of project goals,participates
in design review, and shares information with the community-at-large. Contractor shall meet with the
Artist, Project Core Team, and City as necessary to understand and determine project goals and
implementation prior to initiating the Plan.
1.3. Contractor shall coordinate with the City to schedule Artist and ,Project Core-Team-
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meetings and be available to present the Plan to the Art Commission and Project Core Team for review.
1.4. A preliminary budget estimate, on the budget form attached hereto as Exhibit "D," for
implementation of the Plan in an amount not exceed$52,240.00 which includes all costs materials, labor,
fabrication, travel, transportation, construction, insurance, footings, Listallation, all associated costs for
the implementation of the Plan and a contingency of$5,824.00; Cortractor's Plan shall include signed
and stamped by and engineer licensed to work in the State of Texas, if required. Contractor will provide
line-item expected costs and expenditures for implementing the Plan. Contractor shall be compensated
under the rates set out in Exhibit "E," Compensation and Payment Schedule, for any subsequent
additions, modifications, or revisions to Contractor's Plan arising from, related to, or required by
undisclosed or undocumented conditions. City is a tax-exempt organization and no state or local sales
taxes or federal excise taxes shall be due pursuant to this Agreement. City shall supply Contractor with
the certificate for use by Contractor in the.fulfillment of this Agreement in substantially the same form as
Exhibit "F," Texas Sales and Use Tax Exemption Certificate, which is attached and incorporated for all
purposes incident to this Agreement.
1.5 Upon completion and submission of the Plan and acceptance by Contract Manager,Artist
shall present the Plan to the Fort Worth Art Commission ("FWAC") for joint review with the Project
Core Team, other project stakeholders, the appropriate City staff, and for the FWAC's approval at a
regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Plan shall
subsequently be shared with City boards or commissions, as appropriate.
1.5.1 City shall notify Contractor of its approval, or disapproval, of the Plan
within thirty(30)business days of Artist's presentation to the FWAC.
1.5.2 If City disapproves of the Plan, either in whole or in part,then City shall
inform Contractor of each revision to be made to the Contractor. City may
require Contractor to make such revisions to the Contractor as City deems
necessary in its sole discretion and/or for the; Work to comply with applicable
statutes, ordinances, or regulations of any governmental regulatory agency
having jurisdiction over the Site for reasons of safety and security.
1.5.3 Contractor shall have thirty (30) calendar days from the date City
informed Contractor of the revision(s)to presnt the revised Preliminary Design
in conformance with City's requirements.
1.5.4 If City disapproves of the resubmitted Plan, any further Plan
resubmission will be by mutual agreement of the Parties and subject to the
procedures and terms in this Article. If the Parties desire not to continue with the
resubmission process, then this Agreement will automatically terminate, with
payment for work performed per the payment schedule in Exhibit"E"up through
the date of termination.
1.5.5 Upon City approval of the Plan, any revisions made to a City-approved
Plan shall become part of the Plan. Contractor shall incorporate any City-
approved revisions into the final Plan in conformance with City's requirements.
1.6. Contractor,upon request of City, shall provide further information related to the Plan and
be available to discuss the Plan with appropriate City staff for purposes of risk assessment,safety review,
and maintenance.
1.7. Additional services, supplies, rentals, or deliverable, must be approved in writing in
advance of performance. Contractor will only be compensated for any such additional services or
reimbursed as agreed to by the parties.
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1.8. Contractor shall be responsible for the payments of all expenses incurred that pertain to
services being performed under this Agreement, including but not limited to Contractor's services, cost
including materials,mailing/shipping charges,engineering costs,other insurance costs,and any additional
costs for the Contractor's agents, consultants, subcontractors or employees necessary for the proper
performance of the services required under this Agreement.
1.9. Contractor shall make timely payments to all persons and entities supplying labor,
materials, services, or equipment for the performance of this Agreement. Contractor shall furnish the
City an affidavit certifying that all bills relating to services or supplies used in the performance of this
Agreement have been paid, attached hereto as Exhibit "G," Affidavit, which is attached and
incorporated for all purposes incident to this Agreement.
2. TERM.
This Agreement shall commence upon the date that both the City and Contractor have executed
this Agreement ("Effective Date") and end after City makes payment to Contractor for all services
provided under this Agreement, unless terminated earlier in accordance with the provisions of this
Agreement.
3. COMPENSATION.
The City shall pay Contractor an amount not to exceed FOUR THOUSAND DOLLARS AND
NO CENTS ($4,000.00) which shall constitute full compensation for any and all costs associated with
this Agreement, including, but not limited to, engineering and consulting fees, and services performed
and materials furnished by Contractor in accordance with the provisions of this Agreement, Exhibit B,
and Exhibit E. If any conflict exists between Exhibit B and Exhibit E, the terms of this Agreement shall
control followed by Exhibit E,then Exhibit B. Payment from the City to the Contractor shall be made on
an invoice basis following receipt of a signed invoice with adequate deliverables provided at submission
of invoice, all in form acceptable to the City. Contractor shall not perform any additional services for the
City not specified by this Agreement unless the City requests and approves in writing the additional costs
for such services. The City shall not be liable for any additional expenses of Contractor not specified by
this Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1.. Convenience. The City or Contractor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2. Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever, except as to
the portions of the payments herein agreed upon for which funds have been appropriated.
4.3. Breach. Either party may terminate this Agreement for breach of duty, obligation or
warranty.
4.4. Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the expiration date,the City shall pay Contractor for services actually rendered in accordance with this
Agreement up to the effective date of termination and Contractor shall continue to provide the City with
services requested by the City and in accordance with this Agreement up to the effective date of
termination. Upontermination of this Agreement for any reason, Contractor shall provide the City with
copies of all completed or partially completed documents prepared under this Agreement. In the event
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Contractor has received access to City information or data as a requirement to perform services
hereunder, Contractor shall return all City provided data to the City in a format deemed acceptable to the
City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1. Disclosure of Conflicts. Contractor hereby warrants to the City that Contractor has
made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement,Contractor hereby agrees immediately to make,full disclosure to the City in writing.
5.2. Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose
any such information to a third party without the prior written approval of the City.
5.3. Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
Contractor shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed by unauthorized means and shall fully cooperate with
the City to protect such information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that the City shall, until the expiration of three (3) years after final payment
under this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents, papers
and records of the Contractor involving transactions relating to this Contract at no additional cost to the
City. Contractor agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. The City shall give Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3)years after final
payment of the subcontract, or the final conclusion of any audit commenced during the said three years
have access to and the right to examine at reasonable rimes any directly pertinent books, documents,
papers and records of such subcontractor involving transactions related to the subcontract, and further
that City shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor
as to all rights and privileges and work performed under this agreement, and not as agent,representative
or employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement,Contractor shall have the exclusive right to control the details of its operations and activities
and be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall
not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers,
agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between City and
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Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint
employer of Contractor or any officers, agents, servants, employees or subcontractors of Contractor.
Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall
be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subcontractors.
8. INDEMNIFICATION.
8.1. LIABILITY. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
CONTRACTOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
8.2. INDEMNIFICATION. CONTRACTOR HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City; however, City expressly grants Contractor the
right to subcontract engineering services. If the City grants consent to an assignment, the assignee shall
execute a written agreement with the City and the Contractor under which the assignee agrees to be bound
by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be
jointly liable for all obligations of the Contractor under this Agreement prior to the effective date of the
assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written
agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations
may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1. Coverage and Limits for Contractor.
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
10.2. Coverage and Limits for Contractor's Subcontracted Engineer.
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(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Professional Liability
$2,000,000 Each Occurrence
$1,000,000 Aggregate
10.3. General Requirements.
(a) The commercial general liability and professional liabi 1ity policies shall name the City as
an additional insured thereon, as its interests may appear. The term City shall include its
employees,officers,officials,agents,and volunteers in respect to the contracted services.
(b) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-
payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas
St.,Fort Worth,Texas 76102,with copies to the City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key
Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of
City's Risk Management. If the rating is below that required, written approval of City's Risk
Management is required.
(d) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that the Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to
this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Contractor of any violation of such laws,
ordinances,rules or regulations,Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Contractor, its personal representatives, assigns, subcontractors or successors
in interest, Contractor agrees to assume such liability and to indemnif,% and defend the City and hold the
City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
Professional Services Agreement between City of Fort Worth and
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representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
City of Fort Worth Redenta's Landscape Design,LLC.
Attn: Jesus J. Chapa,Assistant City Manager Attention Lorie Kinler
200 Texas Street 1700 Montclair Drive
Fort Worth TX 76102-6311 Fort Worth,TX 76103
Facsimile: (817)392-8654
With copies to the City Attorney at same address, and
Martha Peters, Director of Public Art
Arts Council of Fort Worth
1300 Gendy Street, TX 76107
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Contractor shall, during the term of this Agreement and additionally for a
period of one (1) year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing,
this provision shall not apply to an employee of either party who responds to a general solicitation of
advertisement of employment by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER.
The failure of the City or Contractor to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Contractor's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to 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.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
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20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURES.
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 one and the same
instrument.A signature received via facsimile or electronically via email shall be as legally binding for all
purposes as an original signature.
25. WARRANTY OF SERVICES.
Contractor warrants that his services will be of a professional. quality and conform to generally
prevailing industry standards. Contractor provides a one (1) year warranty of his System design
commencing upon completion of the installation of the System. Contractor further provides a one (1)
year warranty on all Equipment installed at the site above and beyond any manufacturer's:warranty
commencing upon completion of the installation of the System. In the event that any portion of the
System must be repaired or replaced due to ineffectiveness, defects in materials, or otherwise,Contractor
shall pay all costs of repair or replacement, including all costs of material, equipment or supplies; travel
expenses; and transportation or shipping costs for replacement material, equipment, or supplies. City
must give written notice of any breach of this warranty section within thirty (30) days from the date that
the breach was actually known to City. Upon notice to Contractor, at Contractor's'option, Contractor
shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with this warranty, or (b) refund all fees paid by the City to Contractor under this Agreement. This
warranty section shall survive any expiration or termination of this Agr;:ement.
26. IMMIGRATION NATIONALITY ACT.
The City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Contractor shall
verify the identity and employment eligibility of all employees who perform work under this Agreement.
Contractor shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all
supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all l-9 forms and supporting eligibility docixmentation for each employee who
performs work under this Agreement. Contractor shall establish appropriate procedures and controls so
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that no services will be performed by any employee who is not legally eligible to perform such services.
Contractor shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Contractor 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 Contractor. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES,
SUBCONTRACTORS,AGENTS,OR LICENSEES.
27. PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL.
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
City is prohibited from entering into a contract with a company 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 terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the
Agreement.
28. TIME EXTENSIONS.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement.
Ili TNESS WHEREOF, the parties hereto have executed this Agreement in multiples thi�� ' day
Of,
ACCEPTED AND AGREED:
CITY OF FORT WORTH: REDENTA'S LANDSCAPE DESIGN,LLC.
By: By: ' 6�—�
Jesus J. Chapa Lorie inter
Assistant City Manager Managing Officer
Date: ( Date: h7 l I
Professional Services Agreement between City of Fort Worth and
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I of 1-7 WORTHP TX
CONTRACT COMPLIANCE MANAGER:
By signing, I acknowledge that I am the person responsible
for onitoring and administration of this contract,
t uding ensuring all erformance and reporting requirements.'
OPVVUI-
Jennlferbojrj
Pub�lc Art tollection Manager,Arts Council of Fort Worth
A ROVED AS TO FORM AND LEGALITY:
f
By:
Jessica Sian'tan Seni r Assistant City Attomey
ATT T:
Mary . K "yse
City Secre �
Form 1295:N/AXAS
Contract Authorization:
M&C: N/A
Professional Services Agreement between City of Fort Worth and
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EXHIBIT A
THE ARTWORK
As
Nature's Essence by Eliseo Garcia
Overton Park,3500 Overton Park Drive,Fort Worth 76109
CD 3
Professional Services Agreement between City of Fort Worth and
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EXHIBIT B
CONTRACTOR'S PROPOSAL
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a E*dbyrigid dME
Pbae wdsr papdto R dohs LildagrrOesp and nerd to 1 Tm Mllondd. Driw-
F11NOW 71171111!
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy 1/10/19
2,
EXHIBIT C
PRELIMINARY SITE DESIGN
0 0
o
ART SCULPTURE
78"SEATWALL
GROUNDCOVER
LIMESTONE BOULDERS,TYP.
MLOIUM TREt<S TTP.
O �pA�
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy I/10/19
l3 � 11
1
L
EXHIBIT D
BUDGET PLANNING SHEET
Contractor will modify sheet to include all anticipated material
and labor costs and any fees necessary to implement project.
DEVELOPMENTARTL57 ARTIST
PROJECT SUDGET PROJECT PROJECT BUEIGI�T PROJECT
FEES INSTALLATION
Ardn design five liarnportKion
Prnfessionai hos PanErrmr �its
Slle preparation/remeri iabon
ArrtrkM Foody/foundedons
Electrical conracftm,mofficaiIians
Corservator tabor
Othw Equ"wt nand
SUB-TOTAL FEES Traftcorm
sewity
TRAVEL
SU&TOTAL 01SillLl11x10N
Long
OVERHEAD
Per diem(meats and incidhspis)
SUS-TOTAL TRAVEL tnsiManw(posted)
Stuft assiaarrI(hours x$per hour)
FABRICATION SUS-TOTAL OVERHEAD
Atta adminisuadon Q*m n$per how)
Materials CONTINGENCY
Artist labor(lams S per hour)
Labor GRAND TOTAL ARTIST `
(e* Pn0*.sWMGtr-) PROJECT COSTS
9-rage
SUB-TOTAL FABRICATION
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy 1/10/19
I Lt *F (7
EXHIBIT E
COMPENSATION AND PAYMENT SCHEDULE
1. Compensation.
a. The City shall pay Contractor an amount not to exceed two thousand dollars and no cents
($2,000.00) for all services performed under this Agreement in accordance with the
provisions of this Agreement. Any additional costs that cause the total Agreement
amount to exceed two thousand dollars and no cents ($2,000.00) shall require an
amendment to this Agreement.
b. Contractor will bill City a rate of$120.00 per hour for only the actual hours worked for
lead designers and a rate of $90 per hour for staff designers only up to eighteen (18)
hours including meetings, travel, design and drawings. If Contractor exceeds eighteen
(18)hours, Contractor will only be paid for the additional hours if agreed to in writing by
City.
c. Contractor will bill City for engineering services used by Contractor at the actual rate for
the services rendered, to include stamped drawings; however, the total amount billed for
engineering services to the City shall not exceed two thousand dollars and no cents
($2,000.00), unless agreed to in writing by City before the engineering services are
rendered.
d. Any additional expenses not outlined in this Agreement or exhibits incurred by
Contractor must be approved in writing by City before being added to the invoice
submitted to the City upon completion of services under this Agreement.
2. Payment Schedule.
a. Compensation for all of Contractor's services performed pursuant to this Agreement
shall be made on an invoice basis.
b. Contractor shall submit a signed invoice to the City's Contract Manager for payment
under this Agreement within fifteen(15)days of completing services under this
Agreement and include any necessary receipts.
i
c. City shall compensate Contractor in full in thirty(30)days or less after receipt of
Contractor's final invoice and all deliverables
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy 1/10/19
1 -5 �f 11
J
S
EXHIBIT F
Texas Sales and Use Tax Exemption Certification
Tft ceirtffilcab does not require a nunbw Jo be veiiid,
Mmar p,rdMw.from ar a*a+cy
City of Fort Waeih,Texas
�4atlna(3RMt6ie+Mer P.a.a�oraaua, "preaoorAhv�snexeM
200 Texas Street 817-=2-SM
Crry.Stns,ZIP OX*
Fort Worth,Texas 70102
the purchaser named above,cldm an etcsnspfiorh from payrttsrttof sales and use taotes(for t he ptnchaae d taxabie
herns described below oron the attached oder or Wake)fhwx
3 - .'N VWNbas
Street address. M.Stets,MP Owr
Dena Oon d gems to be purchased or an the attadhad order or invoice:
All(theme. Purchaser eNahowledm that this Certificate m-not be used for the rurcftase.base or rents!of a motor
vehkia.
Phxahassr deims elft exemption for the foiowirg reason:
Iltyi*aft.GolariNim"Elft
understand that t w11 be tilos for paptrerN d a8 dile and bod sells or un tahms rAhk.n:nay l -Ln m h a due for talon b corn*with
the provisions of the Tax Code andbr all applicable tow.
Iwhdecata►rdilhat�lhaarini�ataiJ4naslb�herrazea onosrll<csleb itamsdWIAM ,stowOMOOOUVVIWIe:
wobeusedinaahennerdtwflhtr #Waep*sP9d1R6 * oeManddepwx*3ga+rheama L teftshtavedoetd**/inreenraymW
ft m a Class C tr*dsm ar"b a fab oy at Me a*oond dopes
_ oar
he sign I i Finarhoe DirectorMFO
NOTE: This cert'I - earshot be ImAd for the pucwee,lease.or r 0 d a ehokx vddab.
THIS CERT►ACA TE DOES NOT REOUM A MMANIM TO BE VAUD.
Sales ane Ues Tax'6moft Numbs'or-rax MmvW Numbers d -ot mML
nae1 0 ! afauldbela I Iattifreffhe8uppf W.
DGMg eMM tie eon!ditd arf drift Io this Cft OWN r 4lllM/Iaool Ift
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy 1/10/19
)
EXHIBIT G
AFFIDAVIT
AFFIDAVIT OF BILLS PAID
Date:
Affiant(Contractor):
Purchaser(City of Fort Worth):
Property(Artwork Site):
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors,laborers,and materialmen in full for all labor and
materials provided to Affiant for the design,engineering,purchase, and installation of Equipment for the
System at the Site pursuant to the contract executed between Affiant and the City of Fort Worth(City
Secretary Contract Number ). Affiant is not indebted to any person, firm, or
corporation by reason of any such construction. There are no claims pending for personal injury and/or
property damages.
Affiant(as listed in contract):
SUBSCRIBED AND SWORN TO before me,the undersigned authority,on this the
day of ,20_.
Notary Public, State of Texas
Redenta's Landscape Design,LLC.
Commission Expires
Professional Services Agreement between City of Fort Worth and
Redenta's Landscape Design,LLC for Final Site Design Execution Copy 1/10/19
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