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HomeMy WebLinkAboutContract 45448 (2)CTIV 8ECreARY COWIR({ LWc CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Caye Cook & Associates, authorized to do business in Texas, (the " LANDSCAPE ARCHITECT "), for a PROJECT generally described as: Park Improvements in Eugene McCray Park at Lake Arlington, Oakmont Linear Park South, Hallmark Park and Jefferson Davis Park. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The LANDSCAPE ARCHITECT"s compensation shall be in the amount of $96,430.00 as set forth in Attachment B. Article III 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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 17 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 CI Y 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 amount due, the 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 design representative under this Agreement, providing professional design 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 necessity for subcontract work such as special surveys, tests, test City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 17 borings, or other subsurface investigations in connection with design and engineering 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 observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated 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. D Preparation of Drawings The LANDSCAPE ARCHITECT will provide to the CITY the original drawings of all plans in ink on reproducible mylar 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 Lse 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 or 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 necessary 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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 17 (3) Attachment A the LANDSCAPE ARCHITECT or its personnel shall have no obligation 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 ARCriITEC'' 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. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the sery ces 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. F. 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 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 CI T Y'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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 17 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 1-ow 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. 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. LANDSCAPE ARCHITECT acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE 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 tnat the CITY City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 17 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 notice of intended audits. (2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultant agreements hereunder a provision to the effect that 'he subconsu'tai tt agrees that the CITY shall, until the expiration of five (5) years after final payment under 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 notice 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 ine rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) LANDSCAPE ARCHITECTS INSURANCE a. Commercial General Liability — the LANDSCAPE ARCHITECT shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence 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. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent 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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 17 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. 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 tnese 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 penod of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 17 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 tie PROJECT. b. Applicable policies shall oe 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 9. 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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 17 expense, to review the LANDSCAPE ARCHITECT's insurance policies including endorsements thereto and, at the CITY's discretion; the LANDSCAPE ARCHITECT may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or p-ior to the date of the contractual agreemer t. The cerrti icate 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 fiinai payment under the contract. N. Asbestos or Hazardous Substances City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 17 (1) If asbestos or hazardous substances in any form are encountered or suspected, the LANDSCAPE ARCHITECT 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 design criteria and/or current engineering 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. B Access to Facilities and Property City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 17 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. 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, City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 17 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, ana 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 direct action against the LANDSCAPE ARCHITECT, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the design and engineering 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 nghts 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. L 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 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 17 (3) a certificate of insurance. The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks, 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. 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. 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 des'gns, 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 CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 17 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 with in 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: (3) 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. P rior 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. S uspension, 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 aajustment in the P ROJECT's schedule, commitment and cost of the LANDSCAPE ARCHITECT 's personnel and subcontractors, and LANDSCAPE ARCHITECT 's compensation will be made. City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 17 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. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party Interpretation Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different tneones of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence 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. 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 , VLF., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. Observe and Comply City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 17 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 hndies having ji irisdintion or ni ithnrity fnr such enactment. Nn plea of misunderstanding or ignorance thereof shall be considered. LANDSCAPE ARCHITECT agrees to defend, indemnify and hold harmless riless 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 VII 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 Attachment C - Project Schedule Attachment D - Location Map Executed and effective this theme'✓ BY: CITY OF FORT WORTH Susan Alanis Kesistant City Manager Date: 31 I 9' I a o 14. 1 City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 17 BY: LANDSCAPE ARCHITECT Caye Cook & Associates Rebecca Caye Cook, R.L.A. Sole Proprietor Date: tehumi % 010/1.. U APPROVAL RECOMMENDED: By Richard Zavala Director, Parks & Community Services Department APPROVED AS TO FORM AND MC No.: C-26668 LEGALITY M&C Date: 02/18/2014 B bo� •s W. Black Assistant City Attorney ATTEST: Mary J. Kays City Secretary City of Fort Worth, Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1/28/2013 Page 17 of 17 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 ATTACHMENT A Scope of Services Proposal for Design Services at Four Parks: Jefferson Davis, Oakmont Linear, Eugene McCray, and Hallmark A. JEFFERSON DAVIS PARK. FORT WORTH This proposal is for Landscape Architectural and consulting services by Caye Cook & Associates (CCA) for the City of Fort Worth Park and Recreation Department (the Owner and/or the Client). CCA will provide the services enumerated below utilizing three subconsultants: Surveying, Civil and Structural Jaster-Quintanilla Engineers (Minority Owned) Accessibility Review SM Architects, PLLC (HUB, DBE, Minority Owned) Electrical Gerard and Associates (HUB, DBE, Minority Owned) 1.0 SCOPE Caye Cook & Associates' area and scope shall consist of improvements at Jefferson Davis Park as described below. 1.1 This proposal is based on the man-hour labor, material, with an estimated construction budget of $165,361.06 to include the following: • Minor demolition and repair of existing paving as needed to accommodate new walks, pavilion • Preservation of existing pavilion, streets, walks, trees, lighting and other amenities • Addition of concrete trail around per imeter of northern portion of site • New security lighting (3 to 5 - 30' poles) at perimeter trail • Addition of new pavilion (min. 60 from road) with associated walkway access • Addition of new backstop for softball • Site furniture — new ADA and picnic/game tables at pavilion; benches at trail • Grading to accommodate new paving 1.2 Phases of the work shall consist of Design Development, Construction Documents, Bidding, and Construction Administration 1.3 The design fees for this park are based on this park being issued with 3 other parks as one bid and construction package. 2.0 BASIC SERVICES Upon Notice to Proceed, the Consultant will commence with the following services consisting of the described phases in Paragraph's 2.1. Through 2.6 as follows: 2.1 Surveying, Base Map preparation • Utilize aerial photo for site planning and incorporate City utility and flood plain info • Utilize Park Department standard details where applicable Professional Services Agreement ATTACHMENT A Page I Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS 2.2 Schematic Design • Consultant to attend kick-off meeting to discuss programming (completed June I I, 2013). • Consultant shall visit the site to verify and inventory existing conditions, taking special note of the following: o Existing vehicular and pedestrian circulation o Existing vegetation and amenities o Existing site and street lighting • Consultant shall prepare I- 2 conceptual design sketches that shows proposed perimeter trail, softball backstop and pavilion location with access walks • Consultant shall present conceptual design sketches to Owner at one meeting. Owner will select one design to be the approved conceptual/schematic plan. Consultant shall present pavilion examples for Owner's review appears in manufacturer's catalog or website. • Consultant shall submit Schematic Design Cost Estimate for review. • Consultant shall make revisions per Owner comments and submit on approved Schematic design. • Deliverables shall include 2 copies of 24" x 36" full size bond print of the selected conceptual/schematic design for review. 2.3 Design Development Based on the approved Conceptual Design and Cost Estimate the Consultant shall work in coordination with the Client to provide Design Development documents consisting of drawings and other documents to fix and describe the size and character of the project Anticipated drawings include: • Key Plan of site plan with notes • Demolition and tree removal/protection sheet with notes • Paving plan for walkways (including trail) and backstop • Site Lighting Plan • Pavilion Plan • Site Furniture Plan Consultant shall submit Design Development Cost Estimate to the Owner. Deliverables shall include ONE set of 24" x 36" (full size) bond prints of the design development plans and details 2.4 Construction Documents Based on the approved Design Development Documents and Design Development Cost Estimate, Consultant shall prepare for approval by the Owner, Construction Documents that further develop the Design Development package. • Cover Sheet per Park Department requirements (1 sheet to include four parks) Professional Services Agreement ATTACHMENT A Page 2 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS • Key Plan of site plan with notes • Demolition and tree removal/protection sheet with notes • Grading notes • SWPPP plans per City of Fort Worth • Trail lighting plan by Engineer utilizing City standard details • Paving plans for trail and walkways with City standard details including layout and dimensional control • Site Furniture Plan, schedule and City standard details • Pavilion plan with manufacturer's plans, footing and paving details per City standard details • Consultant shall prepare and submit cost estimates at 50% and 100% of construction phase. • Deliverables shall include ONE set of full size review prints at 50% and 100% for Owner review. One set of technical specifications shall be submitted at 50% and 100% for Owner review. • Prepare bid sheet in word format. • Consultant shall submit a full-sized set of Owner approved 100% construction documents to the Texas Department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibil►ty Standards review. Based on this review, Consultant shall revise the construction documents accordingly. Final deliverables for bid issue shall include one set of full size BOND (24"x36"), one set of unbound specifications, and one electronic file of the construction documents in AutoCAD and PDF compatible format and specifications in Microsoft Word format. 2.5 Bidding Consultant shall provide bidding services to include the following: • Attend pre -bid conference • Prepare addenda items • Answer questions during the bidding process 2.6 Construction Administration During construction, Consultant shall perform the following construction administration services: • Attend pre -construction conference. • Review submittals and shop drawings. • Address requests for information. • CCA will assist City Staff to observe contractor progress and plan compliance. The consultant shall make FIVE site visits to assist the City staff for the following: I. Review of new lighting 2. Review paving layout and backstop 3. Review pavilion 4. Final punch list Professional Services Agreement ATTACHMENT A Page 3 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 CCA will prepare written report of findings and report any discrepancies or problems to the Owner for each site visit. • The consultant shall coordinate an inspection of the completed project and pay related fees for Texas Accessibility Standards (TAS) review by the Texas Department of Licensing and Regulation or an independent contract provider. • Provide project record drawings. 3.0 Consultant Team • Caye Cook & Associates — Prime consultant! Landscape Architecture N CTRCA No. - WFWB57693Y0614 • Jaster- Quintanilla Engineers, Inc., Hispanic Owned Firm — Surveying and Civil Engineering N CTRCA No. - HMMB56427N01 14 • Gerard and Associates — Electrical engineering BMDB53964Y0613 • SM Architects — Accessibility review HUB 1331 1 1694220 registered as American Indian (I% percentage of participation) 4.0 Fee and Compensation Refer to Exhibit B for fee and reimbursable expenses. Consultant shall invoice Owner monthly based on percentage of work completed. 5.0 Limitations Limitations to the work are as follows: • No more than three bid alternates will be designated on the drawings and bid list. Additional meetings and site visits to those enumerated above will be considered additional services. CCA will attend four meetings total with City during design phase for all five parks inclusive (at schematic; DD; 50% CD and 95% CD); JQ to attend 2 -3 meetings. • No neighborhood meetings required. • Design and engineering services for water fountain are not included. • CCA to provide technical specifications starting with Division 01 City to provide General condition specs in Division 00. • Colored renderings are not included. • City of Fort Worth landscape ordinance does not apply to this site. Professional Services Agreement ATTACHMENT A Page 4 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS B. OAKMONT LINEAR PARK. FORT WORTH This proposal is for Landscape Architectural and consulting services by Caye Cook & Associates (CCA) for the City of Fort Worth Park and Recreation Department (the Owner and/or the Client). CCA will provide the services enumerated below utilizing two subconsultants: Surveying, Civil and Structural Jaster-Quintanilla Engineers (Minority Owned) Accessibility Review SM Architects, PLLC (HUB, DBE, Minority Owned) 1.0 SCOPE Caye Cook & Associates' area and scope shall consist of improvements at Oakmont Linear Park as described below. 1.1 This proposal is based on the man-hour labor, material, with an estimated construction budget of $139.371.90 to include the following: • • • • • • Master plan of trail along west side of creek starting at Dutch Branch Road and traversing northerly to Bryant Irvin Road (approximately 3400 lineal feet). Prepare construction documents for Phase I of trail (approximately 1200 lineal feet). Tree removal and mitigation plans to accommodate new trail Addition of low water crossing. Addition of new site furniture at trail — picnic tables, benches. Grading to accommodate new paving. 1.2 Phases of the work shall consist of Design Development, Construction Documents, Bidding, and Construction Administration 1.3 The design fees for this park are based on this park being issued with 3 other parks as one bid and construction package. 2.0 BASIC SERVICES Upon Notice to Proceed, the Consultant will commence with the following services consisting of the described phases in Paragraph s 2.1. Through 2.6 as follows: 2.1 Surveying, Base Map preparation and Geotechnical • Utilize aerial photo for site planning and incorporate City utility and flood plain info • Utilize Park Department standard details where applicable • Provide geotechnical report for low water crossing area 2.2 Schematic Design/Master Plan phase • Consultant to attend kick-off meeting to discuss programming (completed June I I, 2013). Professional Services Agreement ATTACHMENT A Page 5 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 • Consultant shall visit the site to verify and inventory existing conditions, taking special note of the following: o Existing vehicular and pedestrian circulation o Existing vegetation and amenities o Street crossing location at Bryant Irvin • Consultant shall prepare I - 2 conceptual design sketches that shows proposed trail at I" = 40' or 50 and low water crossing at I "= 20'. • Consultant shall present conceptual design sketches to Owner at one meeting. Owner will select one design to be the approved conceptual/schematic plan. Consultant shall submit Schematic Design/Master Plan Cost Estimate for review. • Consultant shall make revisions per Owner comments and submit on approved Schematic design. • Deliverables shall include 2 copies of 24" x 36" full size bond print of the selected conceptual/schematic design for review 2.3 Design Development Based on the approved Conceptual Design/Master Plan and Cost Estimate, the Consultant shall work in coordination with the Client to provide Phase 1 Design Development documents consisting of drawings and other documents to fix and describe the size and character of the project. Anticipated drawings include: • Key Plan of site plan with notes • Demolition and tree removal/protection sheet • Paving plans for trail at I" = 20' • Low water crossing Plan • Site Furniture Plan Consultant shall submit Design Development Cost Estimate to the Owner. Deliverables shall include ONE set of 24" x 36" (full size) bond prints of the design development plans and details 2.5 Construction Documents Based on the approved Design Development Documents and Design Development Cost Estimate, Consultant shall prepare for approval by the Owner, Construction Documents that further develop the Design Development package • Cover Sheet per Park Department requirements (I sheet to include four parks) • Key Plan of site plan with notes • Demolition and tree removal/protection sheet with notes and mitigation chart • Grading notes • SWPPP plans per City of Fort Worth • Low water crossing plan by Engineer utilizing City standard details Professional Services Agreement ATTACHMENT A Page 6 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 • Paving plans for trail with City standard details including layout and dimensional control • Site Furniture Plan, schedule and City standard details • Consultant shall prepare and submit cost estimates at 50% and 100% of construction phase. • Deliverables shall include ONE set of full size review prints at 50% and 100% for Owner review. One set of technical specifications shall be submitted at 50% and 100% for Owner review. • Prepare bid sheet in word format. • Consultant shall submit a full-sized set of Owner approved 100% construction documents to the Texas Department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibility Standards review. Based on this review, Consultant shall revise the construction documents accordingly. Final deliverables for bid issue shall include one set of full size BOND (24"x36"), one set of unbound specifications, and one electronic file of the construction documents in AutoCAD and PDF compatible format and specifications in Microsoft Word format. 2.7 Bidding Consultant shall provide bidding services to include the following: • Attend pre -bid conference • Prepare addenda items • Answer questions during the bidding process 2.8 Construction Administration During construction, Consultant shall perform the following construction administration services: • Attend pre -construction conference. • Review submittals and shop drawings. • Address requests for information. • CCA will assist City Staff to observe contractor progress and plan compliance. The consultant shall make SIX site visits to assist the City staff for the following: I. Review of tree protection and removal 2. Review paving layout and site furniture 3. Review low water crossing anal punch list CCA will prepare written report of findings and report any discrepancies or problems to the Owner for each site visit. Professional Services Agreement ATTACHMENT A Page 7 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hilicrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 • The consultant shall coordinate an inspection of the completed project and pay related fees for Texas Accessibility Standards (TAS) review by the Texas Department of Licensing and Regulation or an independent contract provider. • Provide project record drawings. 3.0 Consultant Team • Caye Cook & Associates-- Prime consultant/ Landscape Architecture NCTRCA No. - WFWB57693Y0614 • Jaster- Quintanilla Engineers, Inc., Hispanic Owned Firm — Surveying and Civil Engineering NCTRCA No. - HMMB56427N01 14 • SM Architects — Accessibility review HUB 1331 1 1694220 registered as American Indian (1% percentage of participation) 4.0 Fee and Compensation Refer to Exhibit B for fee and reimbursable expenses. Consultant shall invoice Owner monthly based on percentage of work completed. 5.0 Limitations Limitations to the work are as follows: • No more than three bid alternates will be designated on the drawings and bid list. Additional meetings and site visits to those enumerated above will be considered additional services. CCA will attend four meetings total with City during design phase for all five parks inclusive (at schematic; DD; 50% CD and 95% CD); JQ to attend 2 -3 meetings. • No neighborhood meetings required. • Design and engineering services for water fountain are not included. • CCA to provide technical specifications starting with Division 01 City to provide General condition specs in Division 00. • Colored renderings are not included. • City of Fort Worth landscape ordinance will not apply to this park except for tree mitigation. We assume that if mitigation costs are incurred that Park Department will contribute to the City Tree Fund and not plant new trees as part of the mitigation requirements. Planting plans are not included in the above fee. Professional Services Agreement ATTACHMENT A Page 8 Caye Cook ix Associates 12700 Hil'crest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS C EUGENE MCCRAY PARK FORT WORTH This proposal is for Landscape Architectural and consulting services by Caye Cook & Associates (CCA) for the City of Fort Worth Park and Recreation Department (the Owner and/or the Client). CCA will provide the services enumerated below utilizing two subconsultants: Surveying, Civil and Geotechnical faster-Quintanilla Engineers (Minority Owned) Accessibility Review SM Architects, PLLC (HUB, DBE, Minority Owned) 1.0 SCOPE Caye Cook & Associates' area and scope shall consist of improvements at Eugene McCrav Park as described below. I. I This proposal is based on the man-hour labor, material, with an estimated construction budget of $1 15.308.27 to include the following: • Minor demolition and repair of existing paving as needed to accommodate new walks, parking lot • Preservation of existing pavilion, walks, fencing , trees, lighting and other amenities • Asp'ialt overlay and restriping of existing north parking lot, 4 new spaces at pavilion, and associated walkway access to existing pavilion • Modifications to existing walk to playground to achieve accessible walkway • Site furniture — new ADA and picnic/game tables at pavilion • Grading and drainage to accommodate new paving • Possible gravel median with shade trees to separate boats/trailers from cars and collect run-off with small trees and gator bags. • Possible addition of new pavilion to work in tandem with existing. 1.2 Phases of the work shall consist of Design Development, Construction Documents, Bidding, and Construction Administration. 1.3 The design fees for this park are based on this park being issued with 3 other parks as • ne bid and construction package. 2.0 BASIC SERVICES Upon Notice to Proceed, the Consultant will commence with the following services consisting of the described phases in Paragraph's 2.1. I hrough 2.6 as follows: 2.1 Surveying, Base Map preparation and Geotechnical • Utilize City topo with contours at 2 feet intervals • Incorporate aerial photo for site planning and City utility and flood plain info • Utilize Park Department standard details where applicable • Provide Geotechnical boring and report for parking lot only. Professional Services Agreement ATTACHMENT A Page 9 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS 2.2 Schematic Design • Consultant to attend kick-off meeting to discuss programming (completed June II, 2013). • Consultant shall visit the site to verify and inventory existing conditions, taking special note of the following: o Locate all applicable survey bench marks o Existing vehicular and pedestrian circulation o Existing vegetation and amenities • Consultant shall prepare 1-2 conceptual design sketches that shows north parking lot overlay, new pavilion with walk access, and walkway to playground • Consultant shall present conceptual design sketches to Owner at one meeting. Owner will select one design to be the approved conceptual/schematic plan. • Consultant shall submit Schematic Design Cost Estimate for review. • Consultant shall make revisions per Owner comments and submit on approved Schematic design. • Deliverables shall include 2 copies of 24" x 36" full size bond print of the selected conceptual/schematic design for review 2.3 Design Development Based on the approved Conceptual Design and Cost Estimate the Consultant shall work in coordination with the Client to provide Design Development documents consisting of drawings arid other documents to fix and describe the size and character of the project Anticipated drawings include: • Key Plan of site plan with notes • Demolition and pavilion furniture removal with notes • Preliminary grading spot elevations • Paving plan for parking lots and walkways • Pavilion Plan • Planting and Site Furniture Plan Consultant shall submit Design Development Cost Estimate to the Owner. Deliverables shall include ONE set of 24" x 36" (full size) bond prints of the design development plans and details 2.4 Construction Documents Based on the approved Design Development Documents and Design Development Cost Estimate, Consultant shall prepare for approval by the Owner, Construction Documents that further develop the Design Development package. • Cover Sheet per Park Department requirements (1 sheet to include four parks) • Key Plan of site plan with notes • Demolition and furniture removal sheet with notes Professional Services Agreement ATTACHMENT A Page 10 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 • Grading spot elevations and notes • SWPPP plans per City of Fort Worth • Paving plans for parking lots, walkways with City standard details including layout and dimensional control • Planting plan, notes with Site Furniture Plan, schedule and City standard details • Pavilion plan with manufacturer's plans, footing detail using City standard details • Consultant shall prepare and submit cost estimates at 50% and 100% of construction phase. • Deliverables shall include ONE set of full size review prints at 50% and I00% for Owner review One set of technical specifications shall be submitted at 50% and 100% for Owner review. • Prepare bid sheet in word format. • Consultant shall submit a full-sized set of Owner approved 100% construction documents to the Texas Department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibility Standards review. Based on this review, Consultant shall revise the construction documents accordingly. Final deliverables for bid issue shall include one set of full size BOND (24"x36"), one set of unbound specifications, and one electronic file of the construction documents in AutoCAD and PDF compatible format and specifications in Microsoft Word format. 2.9 Bidding Consultant shall provide bidding services to include the following: • Attend pre -bid conference • Prepare addenda items • Answer questions during the bidding process 2. I 0 Construction Administration During construction, Consultant shall perform the following construction administration services: • Attend pre -construction conference. • Review submittals and shop drawings. • Address requests for information. • CCA will assist City Staff to observe contractor progress and plan compliance. The consultant shall make FIVE site visits to assist the City staff for the following: I. Review of parking lots 2. Review paving layout 3. Review pavilion 4. Final punch list Professional Services Agreement ATTACHMENT A Page I I AS LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Htllcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 CCA will prepare written report of findings and report any discrepancies or problems to the Owner for each site visit. • The consultant shall coordinate an inspection of the completed project and pay related fees for Texas Accessibility Standards (TAS) review by the Texas Department of Licensing and Regulation or an independent contract provider. • Provide project record drawings. 3.0 Consultant Team — • Caye Cook & Associates — Prime consultant/ Landscape Architecture NCTRCA No. - WFWB57693Y0614 • Jaster- Quintanilla Engineers, Inc., Hispanic Owned Firm — Surveying and Civil Engineering NCTRCA No. - HMMB56427N0I 14 • SM Architects — Accessibility review HUB 1331 1 1694220 registered as American Indian (1 % percentage of participation) 4.0 Fee and Compensation Refer to Exhibit B for fee and reimbursable expenses. Consultant shall invoice Owner monthly based on percentage of work completed. 5.0 Limitations Limitations to the work are as follows: • No more than three bid alternates will be designated on the drawings and bid list. Additional meetings and site visits to those enumerated above will be considered additional services. CCA will attend four meetings total with City during design phase for all five parks inclusive (at schematic; DD; 50% CD and 95% CD); JQ to attend 2 -3 meetings. • No neighborhood meetings required. • Design and engineering services for water fountain are not included. • CCA to provide technical specifications starting with Division 01 City to provide General condition specs in Division 00. • Colored renderings are not included. • City of Fort Worth landscape ordinance does not apply to the site. Professional Services Agreement ATTACHMENT A Page 12 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS D HALLMARK PARK. FORT WORTH This proposal is for Landscape Architectural and consulting services by Caye Cook & Associates (CCA) for the City of Fort Worth Park and Recreation Department (the Owner and/or the Client). CCA will provide the services enumerated below utilizing two subconsultants: Surveying, Civil and Structural )aster-Quintanilla Engineers (Minority Owned) Accessibility Review SM Architects, PLLC (HUB, DBE, Minority Owned) 1.0 SCOPE Caye Cook & Associates' area and scope shall consist of improvements at Hallmark Park as described below. 1.1 This proposal is based on the man-hour Tabor, material, with an estimated construction budget of $194.937.50 to include the following: • Minor demolition and repair of existing paving as needed to accommodate new walks, pavilion, parking lot and low water crossing of creek • Preservation of existing soccer fields, parking, walks, fencing , trees at creek crossing, lighting and othe1 amenities • Expansion of existing parking lot to north (approximately 40 spaces) and associated walkway access • Addition of low water crossing at creek using City standard details • Addition of concrete trail connecting existing walk to Camelot neighborhood at Trimble Street • Addition of new large pavilion (approx.. 40'x44') at soccer fields/tennis court area and associated walkway access • Site furniture — new ADA and picnic/game tables at pavilion; benches at trail • Grading and drainage to accommodate new paving and low water crossing • Possible seeding of native grasses at pea gravel area and flagstone to eliminate gravel creep on site 1.2 Phases of the work shall consist of Design Development, Construction Documents, Bidding, and Construction Administration. 1.3 The design fees for this park are based on this park being issued with 3 other parks as one bid and construction package. 2.0 BASIC SERVICES Upon Notice to Proceed, the Consultant will commence with the following services consisting of the described phases in Paragraph s 2.1. Through 2.6 as follows: Professional Services Agreement ATTACHMENT A Page 13 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS 2.1 Surveying, Base Map preparation and Geotechnical • Utilize aerial photo for site planning and incorporate City utility and flood plain info • Utilize Park Department standard details where applicable — esp. low water crossing • Provide partial Topographic Survey of the site at: o low water crossing area (approximately 100'x 100') o spot elevations along proposed trail o spot elevations at existing parking lot corners o spot elevations at proposed pavilion location and access walks • Provide Geotechnical boring and report for creek crossing (1). 2.2 Schematic Design • Consultant to attend kick-off meeting to discuss programming (completed June 1 1, 2013). • Consultant shall visit the site to verify and inventory existing conditions, taking special note of the following: o Locate all applicable survey bench marks o Existing vehicular and pedestrian circulation o Existing vegetation and amenities • Consultant shall prepare 2 conceptual design sketches that shows proposed parking lot expansion, low water crossing, trail to neighborhood and pavilion location with access walks • Consultant shall present conceptual design sketches to Owner at one meeting. Owner will select one design to be the approved conceptual/schematic plan. Consultant shall present pavilion examples for Owner's review appears in manufacturer's catalog or website. • Consultant shall submit Schematic Design Cost Estimate for review. • Consultant shall make revisions per Owner comments and submit on approved Schematic design. • Deliverables shall include 2 copies of 24" x 36" full size bond print of the selected conceptual/schematic design for review • Consultant shall submit approved schematic design copy to Camelot HOA for review and comment. 2.3 Design Development Based on the approved Conceptual Design and Cost Estimate, the Consultant shall work in coordination with the Client to provide Design Development documents consisting of drawings and other documents to fix and describe the size and character of the project Anticipated drawings include: • • • • Key Plan of site plan with notes Demolition and tree removal/protection sheet with notes Preliminary grading spot elevations Low water crossing plan Professional Services Agreement ATTACHMENT A Page 14 LANDSCAPE ARCHITECTS Caye Cook St Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 • Paving plan for parking and walkways (including trail) • Pavilion Plan • Planting and Site Furniture Plan Consultant shall submit Design Development Cost Estimate to the Owner. Deliverables shall include ONE set of 24" x 36" (full size) bond prints of the design development plans and details 2.5 Construction Documents Based on the approved Design Development Documents and Design Development Cost Estimate, Consultant shall prepare for approval by the Owner, Construction Documents that further develop the Design Development package. • Cover Sheet per Park Department requirements (1 sheet to include four parks) • Key Plan of site plan with notes • Demolition and tree removal/protection sheet with notes • Grading spot elevations and notes • SWPPP plans per City of Fort Worth • Low water crossing plan by Engineer utilizing City standard details • Paving plans for parking, trail and walkways with City standard details including layout and dimensional control • Planting plan, notes with Site Furniture Plan, schedule and City standard details • Pavilion plan with manufacturer's plans, footing and paving details per City standard details • Consultant shall prepare and submit cost estimates at 50% and 100% of construction phase. • Deliverables shall include ONE set of full size review prints at 50% and 100% for Owner review. One set of technical specifications shall be submitted at 50% and 100% for Owner review. • Prepare bid sheet in word format. • Consultant shall submit a full-sized set of Owner approved 100% construction documents to the Texas Department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibility Standards review. Based on this review, Consultant shall revise the construction documents accordingly. Final deliverables for bid issue shall include one set of full size BOND (24"x36"), one set of unbound specifications, and one electronic file of the construction documents in AutoCAD and PDF compatible format and specifications in Microsoft Word format. Professional Services Agreement ATTACHMENT A Page 15 1111 LANDSCAPE ARCHITECTS Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas TX 75230 P: 214.739.9105 2.11 Bidding Consultant shall provide bidding services to include the following: • Attend pre -bid conference • Prepare addenda items • Answer questions during the bidding process 2.12 Construction Administration During construction, Consultant shall perform the following construction administration services: • Attend pre -construction conference. • Review submittals and shop drawings. • Address requests for information. • CCA will assist City Staff to observe contractor progress and plan compliance. The consultant shall make SIX site visits to assist the City staff for the following I. Review of parking lot 2. Review paving layout 3. Review of low water crossing 4. Review pavilion 5. Final punch list CCA will prepare written report of findings and report any discrepancies or problems to the Owner for each site visit. • The consultant shall coordinate an inspection of the completed project and pay related fees for Texas Accessibility Standards (TAS) review by the Texas Department of Licensing and Regulation or an independent contract provider • Provide project record drawings. 3.0 Consultant Team • Caye Cook & Associates — Prime consultant/ Landscape Architecture N CTRCA No. - WFWB57693Y0614 • )aster- Quintanilla Engineers, Inc., Hispanic Owned Firm — Surveying and Civil Engineering N CTRCA No. - HMMB56427N0I 14 • SM Architects — Accessibility review HUB 1331 1 1694220 registered as American Indian (I % percentage of participation) 4.0 Fee and Compensation Refer to Exhibit B for fee and reimbursable expenses. Consultant shall invoice Owner monthly based on percentage of work completed. Professional Services Agreement ATTACHMENT A Page 16 Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARCHITECTS 5.0 Limitations Limitations to the work are as follows: • No more than three bid alternates will be designated on the drawings and bid list. Additional meetings and site visits to those enumerated above will be considered additional services. CCA will attend four meetings total with City during design phase for all five parks inclusive (at schematic DD; 50% CD and 95% CD); JQ to attend 2 -3 meetings. • No neighborhood meetings required. • Design and engineering services for water fountain are not included. • CCA to provide technical specifications starting with Division 01 City to provide General condition specs in Division 00. • Colored renderings are not included. • City of Fort Worth landscape ordinance does not apply to this site. Professional Services Agreement ATTACHMENT A Page 17 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Park Improvements at Eugene McCray at Lake Arlinton, Oakmont Linear, Jefferson Davis and Hallmark Parks. City Project No. 01800, 02189, 02190 & 02191 1 Task No. Task Description Project Director Rate $115 1.0 Proiect Mana1y ment 8 1.1 Managipp the i eam 1.1.1 Internal Team Meetings 1.1.2 QA/QC 1.2 Communications and Reporting 1.2.1 Pre -Design Coordination Meeting 1 2 2 [monthly,,bi-monthly, monthly) Prokect Upfiate Meetings 1.2.3 Design Submittal Review Meetings 1.2.4 Prepare Baseline Schedule 1.2.5 Prepare Monthly Progress Reports with Schedule 1.2.6 Prepare Monthly MBE/SBE R e pfl&ts 1.2.7 Invoicirp: 2.0 Conceptual Design (30- Percentl 2.1 IData Collection 2.2 Drainage Computations and Drainage Area Map 2.3 Subsurface Utility Engineering 2.4 Design Drawings 2.5 Proiect Decision Log 2.6 IConstruction Estimate 3.0 Preliminary Design (60 Percent) 3.1 Preliminary Design Drawings 3.2 Geotechnical Investinatirlp/p verrlent Design 3.3 Construc{abi(rt{v Review 3.4 'Public Meeting 3.5 Util' Clearance e 3.6 Traffic Control Plan 3.7 Project Decision Log 3.8 Construction Estimate 1 Labor (hours Project Manager I Project Landscape Arch s1od 0 0 1 1 -- 4.0 11`inal Desin- -- 4.1 IFinal Draft 0b%) Construction Plans and Sp cifications 4.2 IFinal (100°Z) Plans and Specifications 4.3 1100%) 4.4 Construction Estimates (90% and 100%) 5.0 I Bid Phase 5.1 (Bid Support 1Sell 5.1.1 Contract Documents and Maintain Plan Holders List 5.1.2 tissue Addenda 5.1.3 IAttend Pre -bid Conference 5.1.4 IlAttend Bid Opening 5.1.5 'Award 5.1.6 (Documents 6.0 6.1 IConstruction Sykrxiit 6.1.1 !Attend Preconstruction Conference 6.1.2 Iftt9ind Public Meeting 6.1.3Proiect Site Visits 6.1.4 Submittal Review 6.1.5 Request for Information/Change Order Review 6.1.6 IFinal Walk Through and Punch List 6.2 !Record Drawings IAI11111 m ItIUUR!■ TConstruction Phase Services 0 1 1 1 1 1 43 6 8 8 4 3 12 2 130 41 1 1 0 I 16 140 EIT CADD JAdmiriistrativ $60 $4 a $45 0 0 01 8 Total Labor Cost $4,290 Expense Subconsultant MWBE Non-MWBE $3,900 $0 Travel Reproduction 560 SO $790 S1.266 $20 S1.2501 S1.800 1 S210I S0 $840 $140 SO S180 0 0 130 2 8 152 80 30 2 40 17 4 3 61 41 'i 3 4 4 6 24 0 $180 S9 790 $280 S0 SOI S8.1601 $01 $1.3501 $10,490 $9.560 SO $140 50 S0 S01 S01 Si 90 $11,675 $6,060 $2, 560 $140 $2,915 $1,305 $900 S9 400 S1.2001 S1.800I 55.200I S1 200I S15,300 S0 SO $40 SO $ 520 $520 0 $560 S5.200I $ 8.000 S6001 S6001 $900 $560 $6,600 $0 SO $1.160 S4.5001 $580 S1.2001 $580 53001 S6001 $2,100 So S0 7.0 IRQW/Easement Services 7.1 1-2Ight-of-Wag Research IRight-of-Way/Easement7 2 Preparation and Submittal 7.3 Temporary Right of Entry Submittal 8.0 Isurve 8.1 Design purvey 8.2 !Temporary Right of Entry Submittal 8.3 - Ipnstruf;tion Survey 9.0L I erm no 9.1 tWPPP 9.2 I Environmental Services 9.3 IFlood lain Services 9.4 I TXDOt 9.5 IRailroad 9.6 ITDLR City of Fort Worth Parks 9.7 Conversion Totals 0 0 0 0 0 8 4 1 0 0 0 $395 ;v gS1 $210 ���}�bj I S0 $420 $280 S3,635 $210 SO $280 $395 $535 51,680 $5351 $0 S0 S0 S0 $0 S300I S6001 $2,315 $0 $100 5100 S0 SO S3001 S450I S300I $900 S3651 S600 SO $0 So S3001 S300 $8,000 S0 SO 50 $8.000 $560 S70 $70 $70 S0 $0 S2801 33 0 537 0 0 $70 $41,745 PgI 0I $3.1201 Total Expense Cost $3,960 Task Sub Total $8,250 S 1.220 $2.010 S1.800 $3.050 50 S210 S0 S0 $940 S0 $1,780 $140 $0 S0 S0 S180 SO $9 920 S 1.200 S1,800 S0 $5.720 S0 $1.200 $ 15,860 S5,760 $8,000 S600 S0 S600 S0 SO $900 $2,200 SO $700 $600 S0 $300 S2,315 $300 50 S0 $450 $300 S900 S365 $600 S300 $300 S0 $8,000 $8.000 $19 710 S1,800 S0 $13, 880 S0 52.550 $26,350 S15,320 $8,000 $740 S0 S600 S0 50 $1.690 $19,435 S11,140 $4, 340 $440 $3,515 S3.505 S0 $1,095 $810 S0 S720 S880 55,950 S510 S0 $280 S845 S835 $2, 580 S900 $600 S300 S300 50 $8,000' $8.000 50 S0 S0 S49,1651 $3,120 $60 $2,3401 $4,070 $400 $150 S400 S0 S0 S 3,120 $4,630 $470 $220 $470 50 S0 $3.400 $54,685 $96,430 Ptg q . ,lnrQ,ry Co{a ours 578 Tota Cabor 41 745 Total Exp .pse yy�Q 685 t/SR Su consu+ ant S 9 165 Non h1M �E/1 _ Sub o Sul ant S3,)20 0/O 'ub�ar uD � MBE/SBE Partic' ption 51.1% Total Project Cost $96,430 ATTACHMENT B Caye Cook & Associates 12700 Hillcrest Road Suite 149 Dallas, TX 75230 P: 214.739.9105 LANDSCAPE ARC HITECTS TTACff-BM NT n roject Schedule Proposal for Design Services at Four Parks: Jefferson Davis, Oakmont Linear, Eugene McCray, and Hallmark Task Concept Plans for Public Meeting 30% Plan Review 60% Plan Review 90% Plan Review Bid Opening M&C Award of Contract Start of Construction Construction Completion The above are estimated completion dates. Date Mid - April 2014 Late May 2014 Late June 2014 Mid -August 2014 Early October 2014 Early November 2014 Mid -January 2015 Late July 2015 Professional Services Agreement ATTACHMENT D Page I t'• x OAKMONT LINEAR N SOUTH z JEFFERSCH City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/18/2014 — Ordinance No. 21127-02-2014 DATE: Tuesday, February 18, 2014 REFERENCE NO.: **C-26668 LOG NAME: 80FOUR PARKS IMP CAYE COOK AGR. SUBJECT: Authorize Execution of an Engineering Agreement with Caye Cook & Associates, in the Amount of $96 430.00 for the Design and Engineeiing of Park Improvements in Eugene McCray Park at Lake Arlington, Oakmont Linear Park South, Hallmark Park and Jefferson Davis Park and Adopt Appropriation Ordinance in the Amount of $96,444.00 for Park Improvements at Jefferson Davis Park (COUNCIL DISTRICTS 5, 6, 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $96,444.00 from available funds for park improvements at Jefferson Davis Park; and 2. Authorize the execution of an Engineering Agreement with Caye Cook & Associates, in the amount of $96 430.00 for the design and engineering of park improvements at Eugene McCray Park at Lake Arlington, Oakmont Linear Park South, Hallmark Park and Jefferson Davis Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to provide authorization for the execution of an Engineering Agreement with Caye Cook & Associates, in the amount of $96 430 00 to master plan, design and prepare construction documents for the park improvements in Eugene McCray Park at Lake Arlington, Council District 5, Oakmont Linear Park South Council District 6 Hallmark Park, Council District 8 and Jefferson Davis Park, Council District 9. Staff considers this fee to be fair and reasonable for the scope of services proposed. The engineer will perform design and prepare construction documents for improvements at each site as follows: • Eugene McCray Park at Lake Arlington improvements include paving existing parking lot, overlay and restripe main parking area, renovate existing shelter and installation of a new park shelter; • Oakmont Linear Park South improvements include construction of new multi−use trails with a low water crossing connection; • Hallmark Park improvements include a neighborhood trail connection with a low water crossing, a new large group shelter and expansion of the existing parking lot; and • Jefferson Davis Park improvements include a new perimeter trail, security lighting, multi−use court, practice backstop and group shelter. Funding for the design and future construction of each park site is identified in the table below: Parks Eugene McCray at Lake Arlington Oakmont Linear Park South Hallmark Park Jefferson Davis Park Total Gas Lease Pipeline Bonus Easement Park Dedication Fee Access Agreement Total $141,808.27 $0.00 $0.00 $0.00 $141,808.27 $167,571.90 $0.00 $0.00 $0.00 $167,571.90 $112,400.00 $104,117.06 $55,607.50 $0.00 $63,930.00 $0.00 $0.00 $231,937.50 $96,444.00 $200,561.06 $525,897.23 $55,607.50 $63, 930.00 $96,444.00 $741, 878.73 On December 8, 2009, (M&C G−16786) and on January 4, 2011, (M&C G−17175) the City Council authorized the appropriation of $36,500.00 and $105,308.27, respectively, of Gas Lease Bonus funds totaling the amount of $141,808.27 to Eugene McCray Park at Lake Arlington, in conjunction with the Parks and Community Services Department Fiscal Year 2010 and 2011 Gas Related Revenue Project Expenditure Plans. On May 1, 2012, (M&C G−17586) the City Council authorized the appropriation of $167,571.90 of Gas Lease Bonus funds to Oakmont Linear Park South and $112,400 00 of Gas Lease Bonus funds and $54,607.50 of Pipeline Easement funds to Hallmark Park, together totaling $167,007 50. These appropriations are in conjunction with the Park and Community Services Department Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan. On February 19, 2013, (M&C G−17817) the City Council authorized the appropriation of $104,117.06 of Gas Lease Bonus to Jefferson Davis Park and $1,000.00 of Pipeline Easement funds to Hallmark Park in conjunction with the Park and Community Services Department Fiscal Year 2013 Gas Related Revenue Project Expenditure Plan. On March 22, 2011, (M&C L−15161) the City Council authorized a Temporary Access Agreement in the amount of $96,444.00 for temporary workspace and to allow ingress and egress access on a portion of Jefferson Davis Park. Upon approval of this M&C these funds will be appropriated for park improvements at the site. On March 3, 2009, (M&C L−14722) the City Council authorized the acquisition of 3.503 acres of land adjacent to Hallmark Park Community Park to provide improved neighborhood ingress and egress to the existing parkland. An additional amount of $63,930.00 in Park Dedication Fees will be leveraged with funds for Hallmark Park M/WBE Office − Caye Cook & Associates, is in compliance with the City's BDE Ordinance by committing to 51 percent SBE participation. The City's SBE goal on this project is 18 percent. Eugene McCray at Lake Arlington, Oakmont Linear South, Hallmark and Jefferson Davis Parks are located in COUNCIL DISTRICT 5, 6, 8 and 9, Mapsco 88B, 93P and 104H. FISCAL INFORMATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriations ordinance funds will be available in the current capital budget, as appropriated of the Park Gas Well Leases Fund FUND CENTERS: TO Fund/Account/Centers ll C282 466266 801929931300 11C282 541200 801929931300 FROM Fund/Account/Centers 21 C282 531200 809490219030 21C282 531200 805370180030 2) C282 531200 803490218930 21C282 531200 806490219130 CERTIFICATIONS: Submitted for City Manager's Office bv : Susan Alanis (8180) Originating Denartment Head: Richard Zavala (5704) Additional Information Contact: Carlos Gonzalez (5734) ATTACHMENTS 1. 80FOUR PARKS IMP CAYE COOK AGR A014 (hrx 2. CCA — CONTRACT COMPLIANCE MEMORANDUM.ndf 3. Euizene McCiav FAR Consultant Award.ndf 4. Hallmark FAR Consultant Award.ndf 5. Jefferson Davis FAR Consultant Award.ndf 6. Oakmont L.S. FAR Consultant Award.ndf $96.444.00 $96.444.00 $21.500.00 $20,755.00 $26.500.00 $27.675.00