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HomeMy WebLinkAboutContract 54430 CSC No. 54430 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 Studio Outside LLC ("Consultant"), for a PROJECT generally described as Botanic Garden Old Garden Road Renovation Project. 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 providing landscape architectural design services for the Botanic Garden Old Garden Road Renovation Project at the Fort Worth 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$171,700.00 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 City :f port`-Nosh,—exas 5tarsdard Agreement fcr Prfffessional Services Page 1 of 19 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 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 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 City cf Fcrt Worxh,Texas Standard Agreement for Professional$erVl CCS Page 2 of 19 agent, consultant under contract, or another entity over which the Consultant's exercises control. 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 Sta rda rd Agreement for P rofess:onal Sc rvi re s Page 3 of 19 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 City of Fart Worth,Texas 5=andard.4greementfcr Profess o-7al Services Page 4 of 19 not commence correction of such nonperformance within five (5) days of receipt of written notice and diligently complete the correction thereafter. (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 11 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 City of Fort Worth,Texas Sta rda rd Agreernent for Professional Servi res Page 5 of 19 No MBE or SBE participation is required for this Agreement. 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. City of Fort Worth,Texas Standard Agreement for Profess;anal SCHOCe5 Page 6 of 19 Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by 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: Studio Outside LLC Attn: Tary Arterburn 824 Exposition Ave Ste 5 Dallas, Texas 75226 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 Cit¢-f Fc rt Worthr--)as S_a nda rd Agreement for Professional Services Page 7 of 19 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. 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 Fcrt Wor'h.Texas S"tar.dard.Agreementfcr Profes5:o7al Services Page 8 of 19 Executed to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH CONSULTANT DAYIA BGIf'6I� do-fif Dana Burghdoff Kep 9,202012:16 CDT) 7c�� Dana Burghdoff Name t 4,(,tP�w-r Assistant City Manager Title T4.,�� Date:Sep 9, 2020 Date: Z�IZd APPROVAL RECOMMENDED: :1�9" By.Richard Zavala(Sep 3,202014:37 CDT) Richard Zavala, Director Park& Recreation Department APPROVED AS TO FORM AND LEGALITY M&C No.: 20-0546 By: Richard A.McCracken(Sep 8,202022:01 CDT) Richard A. McCracken M&C Date: 8/11/20 Sr.Assistant City Attorney p44oaanZIl p OF FORr�0 ono °s►�dd Form 1295 Certification:2020-642299 ATTEST: oxo `�� lBvwl�e � daQb pEXA54dd By: 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: Bob Byers Garden Director Approved By: a.L.. w Sandra Youn o (Sep 3,202012:37 CDT) Sandra Youngblood,Assistant Director Park& Recreation Department City of Fort Worth,Texas Standard Agreeinenf fcr Professional Services Page 9 of 19 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX ATTACHMENT A SCOPE OF SERVICES City of Fort Worth,Texas Standard Agreement for Professional Services Page 10 of 19 studio0utside August 25, 2020 Mr Bob Byers Fort Worth Botanic Garden 3220 Botanic Garden Blvd Fort Worth,TX 76107 Project: Old Garden Road Renovation Project Studio Outside Landscape Architecture Fort Worth Botanic Garden 824 Exposition Ave Ste 5 Dear Bob, Dallas TX USA 75226 Studio Outside is pleased to submit our proposal for landscape architectural tel+1 214 954 7160 design services for the Old Garden Road Renovation- Phase One project.This letter of proposal describes the landscape architectural services to be provided by Studio Outside, costs of these services and general conditions under which those services would be executed. PROJECT UNDERSTANDING Garden Road Renovation Phase One FWBG is beginning to pedestrianize the campus after the recent move to control vehicular circulation and allow mostly pedestrian movement in the Garden. This proposal is for Landscape Architectural services addressing the first phase of the pedestrian path from the approximate connection to the Old Garden Road,the Fuller Garden and the Texas Native Boardwalk---south to---the Intersection with Rock Springs Road near the Rock Springs Cafe and the axial alignment of the Rose Garden Path with the Texas Native Boardwalk Path in the center of the garden.This proposed pedestrian way along the future Children's Garden and uphill from the Boardwalk is about 800'in length and envisioned to have the existing street demolished and a new pedestrian way constructed. Studio Outside is proposing full design and construction period services for this path. It is our understanding that the construction and contingency budget for this project is approximately$1,000,000. Scope includes all design phases for hardscape and grading;Schematic Design only for lighting, irrigation and planting. Visitor Center Extension SD In addition, SO will do schematic design for a connection from the northern extent of this proposed path at the Texas Native Garden entrance further north to the Visitor Center more directly with a tram loading area just outside the Visitor Center rear exit.This schematic design study will be for cost estimating and fundraising purposes and does not include full services Central Garden Gathering Space SD Furthermore, SO will perform similar Schematic Design for a major Fort Worth Botanic Garden Page 1 of 8 Studio Outside City of Fcrt Worth,'exas Standard. reementfor ProfessEonal Services Page 11 of 29 plaza/pedestrian gathering space on the southern end of the Path project at a connection point with the Rose Garden axis in order to provide a major event and horticultural rest space for the Garden approximately in the center.This schematic design exercise will be for cost estimating and fund raising purposes. SCOPE OF SERVICES Studio Outside assumes that this project includes design direction for exterior hardscape and planting which may include outdoor plazas, drop-off areas,gather areas, pedestrian circulation,screening and shade structures, and water features. Designs will include material selections, and associated details that affect the look and feel of these elements. If any of these services are needed,they should be done by qualified design professions, under separate contract. Studio Outside assumes coordination of specific elements including: Lighting-Studio Outside will locate for dimension control but others will design and provide specifications. Grading and Drainage plus Civil Review of Paving-Studio Outside will review the project with Dunaway Civil Engineers for site grading, drain locations and Garden Path paving section for Fire TrucksNehicles and assumes that if more civil information is needed, it would be an additional service to be determined later. APPROACH AND DELIVERABLES Task One:Schematic Design Schematic design will include the following: 1. Meet with client to confirm program, landscape budget, and schedule. 2. Review governing municipal codes, design guidelines, and submission requirements. 3. Prepare preliminary hardscape and planting designs considering existing conditions and program priorities. 4. Provide a preliminary cost projection for hardscape, planting, irrigation and lighting within the project areas. 5. Coordination with Client and staff members regarding site designs. Schematic Design will be issued or presented as digital PDF documents at 50%& 100%milestones. Deliverables:The following will be included as deliverables in schematic design. 1. Overall rendered, illustrative site plan with descriptions depicting the proposed landscape design. 2. Enlarged rendered plan views of key areas of the development, if needed. 3. Photo imagery supporting key elements of the designs. 4. Initial plant imagery to support horticultural approach. 5. Preliminary cost projection. Task Two: Design Development Upon completion and written authorization of schematic design approval, Studio Outside will proceed with design development. Design development will include the following CAD based, non-rendered drawings: 1. Meet with client and staff to confirm program, landscape budget, design direction, and schedule. 2. Review governing municipal codes, design guidelines, and submission requirements. 3. Provide pavement material,textures, and layout for exterior hardscape areas 4. Screen wall and site wall designs and materials 5. Stair, ramp, and handrail designs and materials(not anticipated at this time) Fort Worth Botanic Garden Page 2 of 8 Studio Outside City of Fort Worth,Texas Standard Agreement for Professional Services Page 12 of B 6. Initial details for key elements 7. Conceptual design of irrigation to be turned over to staff irrigator.Zones and mainline provided 8. Lighting plan and fixture selections by Studio Outside and Owner. 9. Update Cost Estimate for approval Documents for DD will be issued as digital PDF documents at 50%& 100%milestones. Deliverables:The following CAD based drawings will be included as deliverables in design development: 1. Hardscape and layout plans. 2. Preliminary site sections or details 3. Preliminary planting area and details 4. Initial material schedules 5. Outline Specifications 6. Proposed material samples Task Three:Construction Documents Upon completion and written authorization of design development approval (Client or architect), Studio Outside will proceed with construction documents. Construction documents will include the following CAD based drawings: 1. Construction drawings 2. Construction specifications(limited to sections necessary for this scope) 3. Coordination a. Coordination with a Dunaway Engineers regarding design related grading approaches, pavement sections and special site considerations is included in the Base Fees. b. Coordination with structural engineer and MEP engineers regarding site plans if required are not included in this proposal Documents for CD's will be issued as digital PDF documents as 50%, 95%, and Issue for Construction milestones. Deliverables:The following CAD based drawings will be included as deliverables in construction documents: 1. Hardscape layout and dimension plans 2. Hardscape material schedules 3. Hardscape details 4. Pedestrian Grading 5. Lighting future placement 6. Irrigation sleeving 7. Construction specifications Task Four: Bidding Studio Outside will work with the City of Fort Worth Park Department to go through the public bid process and assist in awarding construction contract. Task Five: Construction Observation Fort Worth Botanic Garden Page 3 of 8 Studio Outside City of Fcrt Wor*hr TeXaS Standard Agreementfor Professional Services Page 13 of 29 Studio Outside will maintain involvement with the project through its construction phase and make visits to the site to observe the construction and its visible conformance to the design drawings. Studio Outside has included the following during this task: 1. Conduct site visits to assist the client in observing the progress of work. 2. Review and comments on material submittals and shop drawings submitted by the contractor. 3. Respond to Contractor questions, provide consultation and advise the Client, and prepare supplementary sketches where such sketches are needed to resolve conflicts. 4. Tagging and/or inspection of plant materials (at the nursery or on site as appropriate)to evaluate conformance with the plans and specifications. 5. Review Certificates of Payment related to scope outlined in this proposal. Deliverables:Studio Outside will provide the following deliverables for the construction observation phase: 1. Material Submittal responses 2. RFI responses 3. Field memos or Field Reports 4. Punch List 5. Review of Payment Requests Field Visits:Studio Outside estimates that eight(8) on site construction observation visits and two(2) punchout visits will be necessary. *Weekly OAC meetings during construction are not included. Task Six: Zoning/City Site Plan Approvals/Permit Drawings Studio Outside will (in conjunction with the architect) prepare drawings for submissions to the City for review and comment. These plans will be submitted to the Client for inclusion in the overall submission process as required. Studio Outside will meet with the city staff and committee members as requested. Deliverables:Studio Outside will provide the following deliverables for the Zoning&City Approval phase: 1. Zoning approval exhibits addressing City and PD requirements 2. Landscape Calculations 3. Site plan renderings 4. Tree Mitigation plans and calculations Fort Worth Botanic Garden Page 4 of 8 Studio Outside City of Fort Worth,Texas Stardard Agreement for Professional Services Page 14 of 19 COST OF SERVICES Tasks 1-5 Bidding Item Construction Cost SD DD CD CA/CO Total Hardscape for Main Path 800'If $1,000,000 $22,500 $22,500 $22,500 $32,500 $100,000 Landscape Main Path 8001f $500,000 $11,250 nic nic nic $11,250 Main Plaza at Intersection $670,000 $15,000 $15,000 Visitor Center Extension 1501f $300,000 $6,750 nic nic nic $6,750 Irrigation $40,000 $2,000 nic nic nic $2,000 (Consultant) Survey Addition (Dunaway) $9,000 $9,000 Civil Review of Pavement and Drainage (Dunaway) Allowance $10,000. $10,000 Lighting Design $200,000 $2,500 nic nic nic $2,500 Renderings for Fundraising (2) $6,000 $6,000 ADA Consultant Review estimate $1,500 $1,500 Subtotal Consultation $164,000 Reimbursables Allowance 5% $7,700 Total Base Design Services $75,000 $22,500 $24,000 $42,500 $171,700 Task Five: City Site Plan Approval/Permit Drawings Hourly Basis as required as required *Fees listed above are based on an estimated construction budget of$1,000,000 for hardscape- Phase One REIMBURSABLE EXPENSES Reimbursable non-labor costs for this project are included with an allowance for expected costs Reimbursable expenses include local mileage, printing, reproduction and miscellaneous expense (fax, overnight, postage, etc.). See Item#5 in Conditions below. Fort Worth Botanic Garden Page 5 of 8 Studio Outside City of Fart Worth,Texas Standard,agreement for PFCfeSSiOnal Services Page 15 of 19 ADDITIONAL SERVICES/HOURLY FEE SCHEDULE Any additions to scope, design or budgets may require additional services. Studio Outside will contact the client prior to commencement with additional scope for written authorization and approval. Additional services are herein defined as any services,which are outside the scope of work specifically described by this proposal.The client shall be notified in writing when services requested are(in the opinion of the Studio Outside) additional services and if authorized in writing by client such services shall be billed on an hourly basis in accordance with the fee schedule presented below. Studio Outside Principal/Partner $225.00 Associate $150.00 Project Leader $125.00 Landscape Designer $100.00 CONDITIONS The following is listing of contractual conditions that apply to this proposal: 1. The client and/or consultant team will provide the following: a. Site survey locating trees, utilities, structures, property lines, and utilities that cross the property b. Architectural plans in AutoCAD format c. Geotech Report upon request d. Estimated Budget for Scope of Services listed above 2. Studio Outside shall be entitled to rely on the accuracy and completeness of services and information furnished by the Client. 3. Not included: a. Design of new or additional elements added to the scope of work listed above b. Redesign of elements due to site plan changes (i.e., buildings relocate, site grading changes) after approval. c. As-built drawings d. Fountain/Pool/Aquatics MEP and Structural e. Architecture f. Structural Engineering g. MEP Engineering h. Graphic or interpretive design i. Permitting j. Waterproofing k. Record drawings I. Value Engineering after Construction Documents are complete m.Weekly or bi-weekly OAC meetings during construction 4. Studio Outside may contract subconsultants in the performance of any services described in this agreement. 5. The above-described compensation for Studio Outside includes a 5%allowance for the following reimbursable expenses: Fort Worth Botanic Garden Page 6 of 8 Studio Outside City+of Fart Worth,<exas Su Rdard Agreement far PrafessionalServices Page 2E,of 19 a. Printing, Binding, Reprographics, Scanning b. Overnight mailing or courier services, Mailing/Postage c. Parking/tolls, Mileage(rate allowable by IRS), d. Permits and/or registration fees e. Travel expenses outside of DFW. Other products or services specifically requested by the Client and not described herein 6. Either Client or Studio Outside may terminate this contract with (30)thirty days written notice. Upon termination, Client will be responsible for payment of all Studio Outside's fees and reimbursables expended through the date of termination.This contract will follow standard City of Fort Worth terms in this matter. 7. Compensation for all services shall be paid to Studio Outside at Studio Outside's Dallas,Texas address included on the first page of this proposal. 8. Invoice Schedule: Billing will be on a design progress basis at the end of each month. 9. Terms: Net thirty(30)days from invoice date. Finance charge in accordance with Texas Government Code chapter 2251 will be added to accounts over thirty(30) days past due. 10. If the client fails to make payments to Studio Outside in accordance with this agreement, such failure shall be considered substantial non-performance and cause for termination or, at Studio Outside's option, cause for suspension of performance of service under this agreement. 11. The hourly rates for services of Studio Outside's and our subconsultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices annually or as agreed upon between the Client and Studio Outside. Studio Outside reserves the right to adjust hourly-based contracts and additional service fees to compensate for inflation increases annually.The consultant will manage the project to stay within the lump sum amount approved in the agreement with the City of Fort Worth. 12. Studio Outside recognizes this proposal, associated tasks,fees, and conditions to be valid for sixty(60)calendar days from its written date. Beyond that time frame, Studio Outside will provide an updated written proposal at the request of the recipient. 13. Nothing contained in this agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against the Client or Studio Outside. 14. All claims or disputes arising or relating to this agreement by Client against Studio Outside shall be governed by, construed, and enforced in accordance with the laws of the State of Texas.The exclusive venue for all actions or proceedings by Client against Studio Outside arising in connection with this agreement shall be either a District Court of Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division 15. Plans, drawings and specifications or other writings or documents prepared or provided by Studio Outside hereunder are prepared for this Project only but may be used by Studio Outside for purposes of illustrating the scope and nature of project involvement. Studio Outside shall provide Client with a reproducible set of drawings and specifications for its records.Client shall not use them for other Fort Worth Botanic Garden Page 7 of 8 Studio Outside City of Fort Worth,—exss Standard Agreement for Pmfess:oial ServicEi Page 17 of 19 projects or extensions to the project without the written agreement of Studio Outside. 16. Studio Outside does not act as General Contractor in any way or accept responsibility for poor craftsmanship. 17. By making visits to the site, Studio Outside is not assuming the responsibilities of the builder, Construction Manager, Construction Superintendent or any of their agents or subcontractors. 18. It is expressly understood and agreed that Studio Outside shall not have control of, or charge of, or be responsible for construction, means, methods,techniques, sequences or procedures, or for safety precautions or programs in connection with the Project or for the acts or omissions of any contractor, subcontractor or other persons performing work for the Project. 19. Notwithstanding any other provision of this Agreement, Studio Outside and Studio Outside's subconsultants shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. 20. This agreement represents the entire and integrated agreement between the Client and Studio Outside and supersedes all prior negotiations, representations or agreements, either written or oral.This agreement may be amended only by written instrument signed by both Client and Studio Outside. 21. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas.Texas Board of Architectural Examiners, P.O. Box 12337, Austin,Texas 78711-2337;tele:512.305.9000;fax:512.305.9005;e-mail: www.tbae.state.tx.us. Submitted by: St io Outsid Fort Worth Botanic Garden Signature: Tary Arterburn FASLA Printed Name: Principal/Partner Title: Return a signed copy to Studio Outside Date: Fort Worth Botanic Garden Page 8 of 8 Studio Outside City of Fort Worth,Texas S°ar.dard Agreement for Professional Services Page 28 of 29 ATTACHMENT B VERIFICATION OF SIGNATURE AUTHORITY Studio Outside LLC 824 Exposition Ave Ste 5 Dallas, Texas 75226 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- 1pjl� Signature 2. Name: Position: Signature 3. Name: Position: Signature Name -4i�fnituhrebf President/CEO Other Title: /}� Date: City of Fort Worth,Texas Stardard Agreement for Professional Services Page 19 of 19 9/2/2020 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: 80BGOLDGARDENROADDESIGN NO.: 0546 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of a Professional Services Agreement with Studio Outside Landscape Architecture in the Amount of$171,700.00 for Design Services for the Botanic Garden Old Garden Road Renovation Project (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended the City Council authorize the execution of a Professional Services Agreement with Studio Outside Landscape Architecture in the amount of$171,700.00 for the Botanic Garden Old Garden Road Renovation Project (City Project No. 102826) 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 Old Garden Road Renovation Project will address the deteriorated condition of the road and will add pedestrian friendly elements. Improvements would also provide an alternate route to the Rose and Japanese Gardens, other improvements on the south end of the Botanic Garden and provide amenities for public events. The proposed professional services agreement would fund design services for the project. Park& Recreation staff reviewed the list of pre-approved design consultants for the department and selected Studio Outside Landscape Architecture of Dallas, TX due to their extensive experience on similar projects in other public gardens. They were also the sub consultant reviewing the 2010 Master Plan for the Botanic Garden Strategic Plan accepted by Council on November 15, 2016 (M&C G-18885) That review included vehicular and pedestrian circulation at the Botanic Garden and will be of direct benefit to this project. Studio Outside Landscape Architecture was therefore determined to be the most qualified to perform the required services. Work to be performed includes base mapping and surveying, conceptual design of an improved access way specifically intended to be pedestrian friendly while also providing vehicular access for emergency vehicles and other services, final design, estimated costs, construction documents, bid administration, and construction oversight for the improvements. In addition, the consultant will provide conceptual irrigation and planting designs Agreement Funding: Fgo—urc—e Amount 2020 Tax Note Funding $171,700.00 TOTAL r $171,700.00 The total cost associated with this agreement is expected to be: Item Cost apps.cfwnet.org/council_packet/mc_review.asp?I D=28115&councildate=8/11/2020 1/2 9/2/2020 M&C Review Professional Services j $164,000.00 Travel, Misc. Expenses F $7,700.00 TOTAL $171,700.00 The Fort Worth Botanic Garden is located in COUNCIL DISTRICT 7 and is classified a city wide special use facility. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, of the Tax Note 2020 Fund BG Old Garden Road 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 Activity Budget Reference# Amount ID ID I I Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year 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=28115&councildate=8/11/2020 2/2