HomeMy WebLinkAboutContract 41778 (2)CITY OF FORT WORTH, TEXAS
CITY Y SECRETARY
CONTRACT .
STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATED DESIGN
SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
la terra studio, inc.., (the "LANDSCAPE ARCHITECT"), for a PROJECT generally described
as: PARK IMPROVEMENTS AT SYCAMORE PARK (2011).
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The LANDSCAPE ARCHITECT's compensation is set forth in Attachment B.
Article ID
Terms of Payment
Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The LANDSCAPE ARCHITECT shall provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in Attachment D
to this AGREEMENT, to reasonably substantiate the invoices.
(2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work
performed under this AGREEMENT. Invoices are due and payable within 30
days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to LANDSCAPE ARCHITECT for
billings contested in good faith within 60 days of the -aunt-Auer,
City of Fort Worth, Texas 1 orciocIAL RECORD
Standard Agreement for Landscape Architectural Related Design Services _
PMO Official Release Date: 9.22.2010'�� �} v SECRETARY
Page 1 of 15
IMF WORTH, TX
LANDSCAPE ARCHITECT may after giving 7 days written notice to CITY,
suspend services under this AGREEMENT until paid in full. In the event of
suspension of services, the LANDSCAPE ARCHITECT shall have no liability to
CITY for delays or damages caused the CITY because of such suspension of
services.
Article IV
Obligations of the Landscape Architect
Amendments to Article IV, if any, are included in Attachment C.
A. General
The LANDSCAPE ARCHITECT will serve as the CITY's professional
landscape architectural representative under this Agreement, providing
professional landscape architectural consultation and advice and furnishing
customary services incidental thereto.
B Standard of Care
The standard of care applicable to the LANDSCAPE ARCHITECT's services
will be the degree of skill and diligence normally employed in the State of Texas
by professional landscape architects or consultants performing the same or
similar services at the time such services are performed.
C. Subsurface Investigations
(1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to the
n ecessity for subcontract work such as special surveys, tests test
borings, or other subsurface investigations in connection with design and
landscape architectural work to be performed hereunder. The
LANDSCAPE ARCHITECT shall also advise the CITY concerning the
results of same. Such surveys, tests, and investigations shall be
furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
o bservations, exploration and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
u nanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the LANDSCAPE
ARCHITECT.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 2 of 15
D Preparation of Landscape Architectural Drawings
The LANDSCAPE ARCHITECT will provide to the CITY the original drawings
of all plans in ink on reproducible Myla R sheets and electronic files in .pdf
format, or as otherwise approved by CITY, which shall become the property of
the CITY. CITY may use such drawings in any manner it desires- provided,
however, that the LANDSCAPE ARCHITECT shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
E Landscape Architect's Personnel at Construction Site
(1) The presence or duties of the LANDSCAPE ARCHITECT 's personnel at a
construction site, whether as on -site representatives or otherwise, do not make
the LANDSCAPE ARCHITECT or its personnel in any way responsible for
those duties that belong to the CITY and/or the CITY's construction contractors
o r other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not limited
to, all construction methods, means, techniques, sequences, and procedures
n ecessary for coordinating and completing all portions of the construction work
in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The LANDSCAPE
ARCHITECT and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection with
their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the LANDSCAPE ARCHITECT or its personnel shall have no
o bligation or responsibility to visit the construction site to become familiar with
the progress or quality of the completed work on the PROJECT or to
determine, in general if the work on the PROJECT is being performed in a
manner indicating that the PROJECT, when completed, will be in accordance
with the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and LANDSCAPE ARCHITECT be construed as
requiring LANDSCAPE ARCHITECT to make exhaustive or continuous on -site
inspections to discover latent defects in the work or otherwise check the quality
or quantity of the work on the PROJECT. If the LANDSCAPE ARCHITECT
makes on -site observation(s) of a deviation from the Contract Documents, the
LANDSCAPE ARCHITECT shall inform the CITY.
(3)
When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the LANDSCAPE ARCHITECT shall be entitled to
rely upon such certification to establish materials systems or equipment and
performance criteria to be required in the Contract Documents.
Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The LANDSCAPE ARCHITECT shall provide opinions of probable costs
based on the current available information at the time of preparation, in
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 3 of 15
accordance with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the LANDSCAPE
ARCHITECT has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures
and market conditions, time or quality of performance by third parties;
quality, type, management, or direction of operating personnel; and other
economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the LANDSCAPE ARCHITECT
makes no warranty that the CITY's actual PROJECT costs, financial
aspects economic feasibility, or schedules will not vary from the
LANDSCAPE ARCHITECT's opinions, analyses, projections, or
estimates.
G Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic
construction progress payments to the construction contractor will be based on
the LANDSCAPE ARCHITECT's knowledge, information, and belief from
selective sampling and observation that the work has progressed to the point
indicated. Such recommendations do not represent that continuous or detailed
examinations have been made by the LANDSCAPE ARCHITECT to ascertain
that the construction contractor has completed the work in exact accordance
with the Contract Documents, that the final work will be acceptable in all
respects that the LANDSCAPE ARCHITECT has made an examination to
ascertain how or for what purpose the construction contractor has used the
moneys paid; that title to any of the work, materials, or equipment has passed
to the CITY free and clear of liens, claims, security interests, or encumbrances;
or that there are not other matters at issue between the CITY and the
construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components or exact manner in which the
PROJECT was finally constructed. The LANDSCAPE ARCHITECT is not
responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Landscape Architect acknowledges the
M/WBE goal established for this contract and its accepted written commitment
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 4 of 15
to M/WBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Landscape Architect
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of
five (5) years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinent books documents,
papers and records of the LANDSCAPE ARCHITECT involving transactions
relating to this contract. LANDSCAPE ARCHITECT agrees that the CITY shall
have access during normal working hours to all necessary LANDSCAPE
ARCHITECT 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 LANDSCAPE ARCHITECT reasonable advance
n otice of intended audits.
(2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultant
agreements hereunder a provision to the effect that the subconsultant agrees
that the CITY shall, until the expiration of five (5) years after final payment
u nder the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
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 together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
n otice of intended audits.
(3)
LANDSCAPE ARCHITECT and subconsultant agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to reimburse
LANDSCAPE ARCHITECT for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
K. INSURANCE
(1) LANDSCAPE ARCHITECT'S INSURANCE
a. Commercial General Liability — the LANDSCAPE ARCHITECT shall
maintain commercial general liability (CGL) and, if necessary commercial
u mbrella insurance with a limit of not less than $1,000,000.00 per each
o ccurrence with a $2,000,000.00 aggregate If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 5 of 15
coverage, and under the commercial umbrella, if any This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. LANDSCAPE ARCHITECT waives all rights against the CITY and its
agents, officers, directors and employees for recovery of damages to
the extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the LANDSCAPE ARCHITECT shall maintain business
auto liability and, if necessary commercial umbrella liability insurance with a
limit of not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of 'any auto", including owned, hired, and non -owned
autos, when said vehicle is used in the course of the PROJECT. If the
Landscape Architect owns no vehicles, coverage for hired or non -owned is
acceptable.
i. LANDSCAPE ARCHITECT waives all rights. against the CITY and its
agents, officers, directors and employees for recovery of damages to
the extent these damages are covered by the business auto liability
or commercial umbrella liability insurance obtained by LANDSCAPE
ARCHITECT pursuant to this agreement or under any applicable
auto physical damage coverage.
c. Workers' Compensation — LANDSCAPE ARCHITECT shall maintain
workers compensation and employers liability insurance and if necessary
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. LANDSCAPE ARCHITECT waives all rights against the CITY and its
agents, officers, directors and employees for recovery of damages to
the extent these damages are covered by workers compensation
and employer's liability or commercial umbrella insurance obtained
by LANDSCAPE ARCHITECT pursuant to this agreement.
d. Professional Liability — the LANDSCAPE ARCHITECT shall maintain
professional liability, a claims -made policy, with a minimum of
$1,000,000.00 per claim and aggregate. The policy shall contain a
retroactive date prior to the date of the contract or the first date of services
to be performed, whichever is earlier Coverage shall be maintained for a
period of 5 years following the completion of the contract. An annual
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 6 of 15
certificate of insurance specifically referencing this project shall be
submitted to the CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the LANDSCAPE ARCHITECT
has obtained all required insurance shall be delivered to the CITY prior to
LANDSCAPE ARCHITECT proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled upon its request and without incurring expense,
to review the LANDSCAPE ARCHITECT's insurance policies including
endorsements thereto and at the CITYs discretion; the LANDSCAPE
ARCHITECT may be required to provide proof of insurance premium
payments.
g.
J•
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 7 of 15
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the LANDSCAPE ARCHITECT
shall be required by the LANDSCAPE ARCHITECT to maintain the same or
reasonably equivalent insurance coverage as required for the LANDSCAPE
ARCHITECT. When sub consultants/subcontractors maintain insurance
coverage, LANDSCAPE ARCHITECT shall provide CITY with
documentation thereof on a certificate of insurance.
Independent Consultant
The LANDSCAPE ARCHITECT agrees to perform all services as an
independent consultant and not as a subcontractor, agent, or employee of the
CITY.
M. Disclosure
The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential conflicts of
interest, including personal financial interest, direct or indirect, in property
abutting the proposed PROJECT and business relationships with abutting
property cities. The LANDSCAPE ARCHITECT further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent
to the signing of this contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the v will stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the LANDSCAPE ARCHITECT to assist in obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 8 of 15
design criteria and/or current landscape architectural practice standards which
the LANDSCAPE ARCHITECT should have been aware of at the time this
Agreement was executed, the LANDSCAPE ARCHITECT shall revise plans
and specifications, as required, at its own cost and expense. However, if
design changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are published
after the date of this Agreement which the LANDSCAPE ARCHITECT could
not have been reasonably aware of, the LANDSCAPE ARCHITECT shall notify
the CITY of such changes and an adjustment in compensation will be made
through an amendment to this AGREEMENT.
P. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with
the schedule developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and
completeness of the information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT
as required for the LANDSCAPE ARCHITECT s performance of its services.
The CITY will perform, at no cost to the LANDSCAPE ARCHITECT, such tests
of equipment, machinery, pipelines, and other components of the CITY's
facilities as may be required in connection with the LANDSCAPE
ARCHITECT's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange and pay for all advertisements for bids; permits and licenses required
by local state, or federal authorities' and land easements, rights -of -way and
access necessary for the LANDSCAPE ARCHITECT's services or PROJECT
construction.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9,22.2010
Page 9 of 15
D. Timely Review
The CITY will examine the LANDSCAPE ARCHITECT's studies reports,
sketches, drawings, specifications, proposals, and other documents; obtain
advice of an attorney insurance counselor, accountant, auditor, bond and
financial advisors, and other consultants as the CITY deems appropriate; and
render in writing decisions required by the CITY in a timely manner in
accordance with the project schedule prepared in accordance with
Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT
whenever CITY observes or becomes aware of any development that affects
the scope or timing of the LANDSCAPE ARCHITECT's services or of any
defect in the work of the LANDSCAPE ARCHITECT or construction
contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the
work at CITY's facilities that may contain hazardous materials, including
asbestos containing materials, or conditions, and that LANDSCAPE
ARCHITECT had no prior role in the generation, treatment, storage, or
disposition of such materials. In consideration of the associated risks that
may give rise to claims by third parties or employees of City, City hereby
releases LANDSCAPE ARCHITECT from any damage or liability related
to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of LANDSCAPE ARCHITECT's negligence or if LANDSCAPE
ARCHITECT brings such hazardous substance, contaminant or asbestos
onto the project.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the LANDSCAPE ARCHITECT's Personnel at Construction
Site and provisions providing contractor indemnification of the CITY and the
LANDSCAPE ARCHITECT for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 10 of 15
direct action against the LANDSCAPE ARCHITECT, its
officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the landscape
architectural services performed. Only the CITY will be the
beneficiary of any undertaking by the LANDSCAPE
ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE ARCHITECT and there are no third -party beneficiaries.
(3)
The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H shall be construed as a waiver of any
right the CITY has to bring a claim against LANDSCAPE ARCHITECT.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
LANDSCAPE ARCHITECT a copy of the policy or documentation of such on a
certificate of insurance.
(3)
The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the LANDSCAPE
ARCHITECT for required or requested assistance to support, prepare,
document, bring, defend, or assist in litigation undertaken or defended by the
CITY. In the event CITY requests such services of the LANDSCAPE
ARCHITECT, this AGREEMENT shall be amended or a separate agreement
will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the LANDSCAPE ARCHITECT's
cost of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9,22,2010
Page 11 of 15
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
LANDSCAPE ARCHITECT shall be authorized to proceed with this
AGREEMENT upon receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the LANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are
instruments of service for this PROJECT whether the PROJECT is completed
or not. Reuse, change, or alteration by the CITY or by others acting through or
on behalf of the CITY of any such instruments of service without the written
permission of the LANDSCAPE ARCHITECT will be at the CITYs sole risk.
The CITY shall own the final designs, drawings, specifications and documents.
C. Force Majeure
The LANDSCAPE ARCHITECT is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other
events beyond the control of the LANDSCAPE ARCHITECT that prevent
LANDSCAPE ARCHITECT's performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the LANDSCAPE ARCHITECT for cause if either party fails
substantially to perform through no fault of the other and does not commence
correction of such nonperformance within 5 days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
LANDSCAPE ARCHITECT will be paid for termination expenses as follows.
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of LANDSCAPE ARCHITECT S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
The time requirements for the LANDSCAPE ARCHITECT'S personnel
to document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9,22.2010
Page 12 of 15
(3) Prior to proceeding with termination services, the LANDSCAPE
ARCHITECT will submit to the CITY an itemized statement of all termination
expenses. The CITY'S approval will be obtained in writing prior to proceeding
with termination services.
E Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the LANDSCAPE
ARCHITECT for the convenience of the CITY. In the event of such
suspension, delay, or interruption, an equitable adjustment in the PROJECT's
schedule, commitment and cost of the LANDSCAPE ARCHITECT s personnel
and subcontractors, and LANDSCAPE ARCHITECT's compensation will be
made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT or
LANDSCAPE ARCHITECT's agent consultant under contract, or another
entity over which the LANDSCAPE ARCHITECT exercises control.
Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the LANDSCAPE ARCHITECT,
and their officers, employees, agents, and subcontractors.
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9,22.2010
Page13of15
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V F. VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
LANDSCAPE ARCHITECT shall at all times observe and comply with all
federal and State 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 LANDSCAPE ARCHITECT 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.
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 14 of 15
Article Vll
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
= chment_C----Amend-ment-s to Standard -Agreement -for ±andseape Architectur-aH
cSer=vicesa �A/1%
A14achme&D P-ro ect Schedule kiA VitAt se,c Atitta-W-luT
Attachment E - Location Map
Executed this the day of Yv\e•1, 2011.
AT T EST:
Marty Hendrix
City Secretary
APPROVED,AS TO FORM A
By:
Assistant City Attorney
CITY OF FORT WORTH
O �
1 4A
S_ usan Alan's
%•34 Assistant City Manager
in,17-277
ROVAL RECOMMENDED
cSa
.ttp 000k)otici,
City of Fort Worth, Texas
Standard Agreement for Landscape Architectural Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
'chard Zavala
Director, Parks and Community
Services Department
la terra studio, inc.
kristopher . brown, CLARET, ASLA
president
By:
r-,.- -)f
Jl
'I
Renovate.:Amenities:To Reflect Current User, Programming
am -
l.• 1 `. •• ::
• •Create A Park:That Attradts`Cmmunity Involvement And Invokes.-Ne'igh•bor.hoodI`Ownersh.ip'
'Instill C•PTEDt(Cri`tne Pleventi•on.Throug.h•"Environmental Design) Principles
.1 r.
A
Ls
1 �
la terra studio
i I'•-- I «
' •tl •
t j
i r • •• I .)
if I
•
I - • ••
r 1! • , •
1' 1 •
1, 1 r
•--1 r
1 f
t9 I
• ! '. •
•
I I .
en'va ed-ortalet
sel-
Yl .•
i
— •-- •
AREA •-•
L E STKEET ^i
1.
•
1
•
ORT
•
•� • '� -
�_
'••
•
- - •,,
AREA= • :14- 4:::::��• %........4: �
S
•
2?
AREA 3
AREA -4-
i^
r Mt
`tif Y
•
y�� Tartil,p6:70.
lan ne d �oM1" UNIY• • •�1ann:ing •6raphic ONLY
dTJW4nr.arr coaaplasrsadpnDsndfordntnsioaana presectan c* d
- . , f , aresaDt!atnaexeianC�sariaWrt,rdfFellaOlfiCaLon/se!rnecfsdeplchd!<ereir.Cifofmay-oolromsidlnsuispindplaareficementjc!iufcxtstroctioa
Copyright ®2010 la terra studio, inc. All rights reserved.
t •�
•
•
e•,
•• • •► •
WORTH
.••
. ••
tri
1
•
t
L
1. -
L •1: ♦;.
•)_ •
. r
• •
1
t
•
r,J
•
•
•
•
(
t
e.
• 1.•
•
1 •
•
•
4.
� Irr .. r••..•�-..rLrSan
1
-
�. •�`•~ ••/ _
•
•
•
•• 6.1
.es 4.
•
•
•
•
get
• i - •• 'I -
•
• • - -.... ti�
♦ •~♦
1 • •
♦• • 1. r .!••
• • /,
;
• r • ,• ill' _.'
�••-•
1• :..• v1;
••
• ..
faintish
taw.
•
• `
•
_.
.•
•
•
• i•
• :
• 4
1 1
I
•
•
��pppppp�� p �p��p� uummuiii�VVVVV
terra la 2109 col_..,€,,ce ut., dada s, rx 75201 i ph 214.749 0333 i I . .w.:ra"_errastt:...k J..�3m
Sycamore Park Improvements (2011)
ABSTRACT:
This project includes the preparation of plans & specifications to be utilized for the procurement of
construction services associated with improvements to Sycamore Park. The general (PHASE 1) scope
includes areas -1- and -2- as defined by the previous Master Planning effort completed by the
consultant & city. (ref. Exhibits Al for locations & pictorial overview)
AREA-11- includes the following:
• Renovation/reconstruction of a new amphitheater/stage.
• Renovation of the existing north parking lot-Pulverize existing asphalt parking lot and overlay with a
new asphalt parking lot.
• Renovation/reconstruction of the existing trail (6 to 8 ft. wide).
• Replace existing amenities (benches and picnic tables).
AREA-2- includes the following:
• Installation of a new concrete loop trail (6 to 8 ft wide).
• Installation of a new low water crossing bridge.
• Renovation of the existing south parking lot-Pulverize existing asphalt parking lot and overlay with a
new asphalt parking lot.
Section I Basic Services
la terra studio's Scope of Services is divided into separate phases listed below:
-A- Information Gathering
-B- Schematic Design (30%)
-C- Design Development(60%)
-D- Construction Documents (95%)
-E-- Procurement
-F- Construction Phase Services
A. Information Gathering
A.1 Data Collection
la terra studio will perform a topographic Survey for Design encompassing approximately
15 Acres.
Services erforrr ed b curve or Include-,
• location of permanent improvements on, and immediately adjacent to; the site.
• Spot elevations on a 50-foot grid.
Contours on one foot intervals.
• Top of curb and gutter elevations for paving on, and adjacent to, the site
• Location of visible utilities and a ouitenances.
• Designation and limits of any Special Mood hazard Area depicted on the most recent
• Mood Insurance Rate Map (FIRM), published by Federal Emergency Management
• Agency(PEMA}, for this area.
A,2 Data Conversion
la terra..studio will convert the crllecter data into usable base information for u during
subsequentphases
mfessionaf `arvic ._Agreernient
Sycamore Park Improvements-2011- City of f=ort Y'PV�rofp , joFyl 5eirvjpes Agreement Aftachment
MM M mom
Be Schematic Design (30%)
13.1 Schematic Design
la terra studio will prepare 30% design drawings & specifications for the planned
improvements.
B.2 Estimate of Probable Cost
la terra studio will prepare an estimate of probable cost reflecting the current progress of
drawings,
B,3 Schematic Design Refinement
la terra studio will meet with City staff to present the Schematic Design to obtain
comments. Once a consensus has been determined, la terra studio will finalize the
Schematic Design package and continue-on to the next phase.
C. Design Development (60%)
CA Design Development
la terra studio will prepare 60% design drawings & specifications for the planned
improvements.
C.2 Estimate of Probable Cost
la terra studio will prepare an estimate of probable cost reflecting the current progress of
drawings.
C.3 Preliminary Engineering
la terra studio will provide preliminary structural engineering & SWPPP design for City
review.
CA Design Development Refinement
la terra studio will meet with City staff to present the Design Development package to
obtain comments. Once a consensus has been determined, la terra studio will finalize the
Design Development package and continue-on to the next phase.
D. Construction Documentation (95%)
PDA Desien De
g ..velopment
la terra studio will prepare 95% design drawings & specifications for the planned
improvements.
D,2 Estimate of Probable Cost
la terra studio will prepare a final estimate of probable cost reflecting the current progress
of drawings.
D,3 100% Construction Document Submittal
la terra studio will meet with City staff to present the 100% CID package, Once a
consensus has been determined, ha terra studin, will finalize the CD package and continue-
on 'o the next. phase
Proffessiorl& Ser-vaces Agreement
Sycain ore Par Irnr
ovements-20 1 1 a�y of'For' h!P of ass*na 1 Serw- s Ag r eemen, Attachment A
--------------------------
MIN na
DA TDLR Plan Submittal
la terra studio will submit (1) plan set to the Texas Department of Licensing & Regulation
for accessibility review as required per TDLR regulations. Upon TDLR plan review
completion, la terra studio will address and / or make revisions to plans and specifications
as required to meet accessibility standards.
E. Procurement(bid phase services)
E,1 Procurement— Bid Phase
Upon final approval of the Construction Documents, la terra studio will provide the City
assistance in bidding and awarding the Procurement Contract.
This phase will include the following:
—Furnish one (1) set of signed and sealed reproducible plans (on MYLAR 0) and a project manual for
bidding,
—Plans&Specs. will also be submitted in electronic PDF format,
—Answer contractor inquiries during Bid Phase& Issuance of Addendums
E. Construction Phase
EA Construction Phase
la terra studio will participate in (i) monthly Project Site Visit** with the Project's contractor
to generally review the progress of construction and to see if the work completed is
generally consistent with the design intent of Landscape Architect's Construction
Documents. Site visits will occur throughout the life of the project, or as deemed necessary
by the City or la terra studio.
**note:Although Landscape Architect may observe and discuss potential problems, these visits are not construction inspections or a
guarantee that there will not be construction deficiencies.
Section 11 Limitations
FA Professional Services Limitations
Limitations to professional services not included in basic and/or additional services
include, but are not limited to the following:
M EP Engineering —utility mapping —FEMA map revisions/verification —environmental
assessments —ROW dedication —SWPPP maintenance or inspection —traffic studies
t
a-swse lands determination & 404 permitting
In addition, limitations listed (above) can be performed as additional services as defined by
Section III (b) (below)
Section III Additional Services
A. ALA Hour!,LRates
The Landscape Architect will provide Additional Services on an hourly basis with a
mutually agreed "not to exceed" total or a mutually agreed upon flat fee in writing. Hourly
rates for Additional Services are as follows-
- Principal - $150,00/hour
-
Project Manager $100.00/hour
- Landscape Architect $ 70,00/hour
Professio,,,,a; Serv�i:xis Agreenrent
Sy-ca!.ore Park Improvements G of Fo, rth o, Services Agreemern t Attachment A
MMMUMMINK!win fill
SEINE= ME I IMM
- Intern Landscape Architect $ 60.00/hour
- CAD / GIS Tech. $ 50.00/hour
- Administrative $ 30.00/hour
A.2. Services
Additional services equal any service not listed as a Basic Service
Section IV Estimated Schedules & Project Budget
-A- Information Gathering 4 weeks
-13- Schematic Design (3010) 3 weeks
-C- Design Development(6010) 5 weeks
-D- Construction Documents (95%) 4 weeks
-E- Procurement 3 weeks
-F- Construction Phase Services 16 weeks
"Note: The above schedule is for the design team's work effort only and does not include time required for internal
review and approval by the City of Fort Worth,
Landscape Architect shall render its services as expeditiously as is consistent with professional
skill and care. During the course of the Project, anticipated and unanticipated events may impact
any Project schedule,
As of the date of this agreement, client's project construction budget is approximately:
$ 328,470
Client agrees to promptly notify Landscape Architect if Client's schedule or budget changes.
Client acknowledges that significant changes to the Project or construction schedule or budget or
to the Project's scope may require Additional Services of Landscape Architect.
Prot ssonai Servgces Agreiernen't
Sycamore Pat-1, Improvements-20 1 1- --- of IF-O",V`V'wthPFO foss*na1 Services Aar eemerA Attachment A
Ain a!,11W -in
M00011111111 INN I=
Attachment B
PAYMENT SCHEDULE
Client agrees to pay Landscape Architect as follows:
—Basic Services—
Information Gathering
Phase Total $ 1,200
Schematic Desi
Phase Total $ 3,500
Design Development
Phase Total $ 4,000
Construction Documents
Phase Total $ 6,500
Procurement
Phase Total $ 800
Construction Phase Services
Phase Total $ 3,000
Sub Total BASIC SERVICES $ 19,000
Engineering & Survey
$ 18,900
Sub Total SUBCONSULTING SERVICES $ 18,900
Incidental Expenses & Proiect Allowance (prints, mileage, oostaae, courier, etc.)
Sub Total $ 1,380
TOTAL BASIC SERVICES
$ 39,280
Invoices will be submitted monthly based on a percentage of completion
STATEMENT OF JURISDICTION
The Texas Board of Architectural Examiners (TBAE) has jurisdiction over complaints regarding the professional
practices of persons registered as landscape architects in Texas.
TBAE
TEXAS Board of P,O, Box 12337
Austin, TX 78711-2337
ArCh(tectural Examiners
N
"Al
105 — 9000
Archdects'-intenor Designers Lan-scaw)e Architects
http:,//w),vw.tbae.sta'Le,tx.us/
Sycamc.,re Park. -20 1 C"ity of Fort Aftachment B