HomeMy WebLinkAboutContract 45448 (2)CTIV 8ECreARY
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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(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
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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,
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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
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(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.
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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.
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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
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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