Loading...
HomeMy WebLinkAboutContract 58594 CSC No. 58594 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and MESA Design Associates, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Ciquio Vasquez Park Master Plan — Project No. 104195. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to$96,850.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor(including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. The ENGINEER shall provide monthly invoices to CITY. ENGINEER 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by ENGINEER of said payment shall release CITY from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of CITY in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November23,2021 OFFICIAL RECORD Page 1 of 15 CITY SECRETARY FT.WORTH,TX Article IV Obligations of the ENGINEER A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of competent engineers. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER 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 ENGINEER. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER 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 ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. ENGINEER's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER 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 ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER 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 this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER 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 ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER 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 ENGINEER 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 ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER'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 ENGINEER 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 ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 4 of 15 I. Business Equity Participation CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. In accordance with the CITY's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the CITY's Code of Ordinances, as amended, and any relevant policy or guidance documents), the CITY has goals for the full and equitable participation of minority business and/or women business enterprises in CITY contracts greater than $100,000. ENGINEER acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is ENGINEER's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER 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) ENGINEER 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 ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER 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 ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment 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) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE ENGINEER shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and CITY has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER 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 ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER 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 ENGINEER 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 ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER 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 ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the CITY A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER'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 ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER'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 ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER 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 ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER 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 ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER 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 ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER'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 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, 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 ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the CITY for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'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. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER' personnel and subcontractors, and ENGINEER' compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all CITY ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 11 of 15 or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the CITY, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the CITY, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGIN ER MESA/Design s piate , Inc. Jesica McEachern Assistant City Manager Fred I s, LA Date: Dec 15, 2022 Principal J a�FORlaaA Date: ATTEST: dVg 8=d Jannette S.Goodall(Dec 15,202215:40 CST) GdQIl aEXA5d44 Jannette Goodall City Secretary APPROVAL RECOMMENDED: By:) CD Dave Lewis Acting Director Park & Recreation Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-956373 Jeremy Anato-Mensah M&C No.: None Assistant City Attorney M&C Date: None City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November23,2021 OFFICIAL RECORD Page 14 of 15 CITY SECRETARY FT.WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Jing Yang Landscape Architect Manager Park & Recreation Department City of Fort Worth,Texas Ciquio Vasquez Park Master Plan Standard Agreement for Engineering Related Design Services 104195 Revised Date:November 23,2021 Page 15 of 15 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2022-956373 Mesa Design Associates, Inc. Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/16/2022 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract Ciquio Vasquez Park Landscape Architecture Services Nature of interest 4 Name of Interested Part Y City,State,Count ry(Place of business) (check applicable) Controlling I Intermediary Cowan, Stan Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION �Q My name is V h �u�Atls_� and my date of birth is (_ M L My address is gOaZ 7 4410A Q 1 '• tt/ �T'�lam'-S �, +_�, y r �• (street) (city) (state) (zip code) (country) I declare under penalty of perjurythat .the foregoing is true and correct. Executed in �+ 1`+'� 1 1 1 County, State of on the 4_day of No� ,20�, (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.eb87ef42 ATTACHMENT "A" LANDSCAPE ARCHITECTURE I PLANNING URBAN DESIGN MESA Proposal for Professional Services November 16, 2022 Jing Yang Landscape Architect Manager Park&Recreation Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth,Texas 761 15-1 A99 Project: Request for Proposal for the Development of a Park Master Plan for Ciquio Vasquez Park Fort Worth,TX Dear Jing, This proposal describes the landscape architectural and planning services to be provided by MESA (Prime Consultant), and the supporting sub-consultant services to be provided by other members of the planning and design team, the costs of these services and general terms and conditions under which these services would be executed. ATTACHMENT A: SCOPE OF SERVICES PART ONE: PROJECT KICKOFF AND FAMILIARIZATION Assessments and public engagement are the foundation upon which our Ciquio Vasquez Park Master Plan and Design approach is based. Through the public engagement process, field and data assessments, the Master Plan initiatives and priorities will be identified. This identification reveals the nature of the design concepts to be proposed and establishes performance attributes by which to evaluate them. Task 1.1: Kickoff Workshop and Data Collection The planning and design team will meet with the Fort Worth staff and internal stakeholders to review existing base data, design initiatives and goals previously identified within the RFP for the project. This workshop will address the collective vision for the project and gain input from the Fort Worth project team on the cultural, aesthetic, and historical qualities of Fort Worth and the Ciquio Vasquez Park,which may influence future design studies. This vision will be documented as a series of goal statements, used to guide subsequent planning tasks. At this kick-off workshop, it is assumed the Fort Worth project team will identify key stakeholders to be invited to the kickoff workshop. A key component of this kick-off workshop will be the confirmation of schedules (including key milestones, and critical path elements, etc.) and deliverables. We will also confirm the core Client team, primary points of contact, stakeholder groups, and their roles within the planning process. Dates and formats for public workshops will also be discussed. MESA will gather from the Client, the engineering sub consultant, and other public domain sources, the database needed to undertake assessments described in the following tasks and will format this information for use in presentations and the final report. At a minimum, this base information will include: 1. Aerial photograph of project study area (digital image) 2. Project area limits and boundaries 3. Zoning, Land Use, and ownership maps A. USGS and other public domain maps (topography, survey, easements, etc.) 2001 N Lamar Street,Suite 100 Dallas,Texas 75202 Office 214 871 0568 Fax 214 871 1507 www.mesadesigngroup.com MESA 5. Flood plain/floodway delineations and future projections 6. Significant environmental systems as necessary(soils, habitats, etc.); and GIS Data (ArcGIS), if available. 7. Review existing conditions and prior planning documents, if applicable. B. Parks Master Plan 9. City of Fort Worth Ordinances MESA has the right to rely on this information and any information provided by others. Deliverables: Project kick-off, schedule, and confirmation of process as described herein. Meetings: One (1) kick-off workshop with Fort Worth Project team and internal stakeholders. Task 1.2: Ciquio Vasquez Park Physical and Contextual Assessments The planning team will walk and photograph the site to understand the relationship between built and natural fabric as it is today. These physical and contextual assessments solidify the planning team's understanding of the site and surrounding influences in preparation of the public engagement process. The influences of the surrounding community and environment are critical determinants for the existing site conditions, opportunities, and challenges for the project. MESA will gather input from the other members of the planning and design team and document the relevant influences that contribute to these conditions to propose solutions, recommendations, and Master Plan initiatives that address contextual factors within Fort Worth's control affecting the project. Assessments: Physical (structures,vegetation, slope, etc.) Experiential (Sights, sounds, exposure, etc.) Utilities and services Hydrology and drainage Traffic/circulation Programming (from previous community input) Significant Flora/Fauna Elements of form that will be reinforced or depreciated by changes to the landscape include: 1. Landmarks (Worth Heights Community Center) 2. Edges (Boulevards, streets, railroad, private property) 3. Nodes (key points of intersection and pausing; along Echo Lake shoreline, street intersections, etc.) A. Districts/Sub-districts 5. Portals (Transitions and thresholds from the urban to the pastoral) 6. Transitions/Sequences (hierarchy of spaces, destinations, and paths within the park) 7. Nomadic Spaces (claimed by informal use) 8. Focal Points (bridges, overlooks, terminal vistas) The design team's assessment will establish the location of such elements of form and their interrelation, especially as it incorporates the neighborhood and surrounding areas. Deliverables: Physical assessments as described above in preparation for public engagement process as described above. Meetings: One (1) reconnaissance walk of the project planning area which may be attended by City of Fort Worth staff. PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT The Ciquio Vasquez Park is an important amenity to the City of Fort Worth and the neighboring community. The engagement goals for this project will be focused on bringing community awareness to the components of the Master Plan, discuss existing conditions at the park and learn about community needs and desires at the park that could be enhanced by the Master Planning MESA process. Of primary concern throughout the planning process is effective and inclusive communication which offers a variety of methods to share and collect data. Materials for the public will be available in English and Spanish whenever possible. The comprehensive approach proposed for Ciquio Vasquez Park will include a variety of input strategies for data collection from stakeholders such as neighborhood residents, City staff, and other park users. The goal will be to obtain helpful feedback that reflects the community needs and preferences and respects the history and context of the surrounding area. The communications strategy for this Master Plan will consist of: 1. Project Team Meetings/Check-ins 2. Key Stakeholder Interviews 3. Neighborhood Meetings and Special Events (Pop-Ups) A. Questionnaire/Survey 5. Social Media Outreach 6. Final Staff/Fort Worth Council Presentation(s) The primary goal of the plan's public participation is to raise awareness of the project, garner support for the park development, and obtain input from residents on ideas for park programming and concepts. Public Meetings and Engagement will be conducted throughout the master planning process and interwoven with other part of the process according to the following general organization: MASTER PLAN TASKS PART ONE: PROJECT KICKOFF AND FAMILIARIZATION stakeholder interviews PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT ISurvey Development&Distribution,Pop-Up Events,Social Media Outreach PART THREE: THE DESIGN FRAMEWORK AND MASTER PLAN Public Meeting 1 Survey Distribution,and Public Meeting 2,Survey Analysis,Final Master Plan Presentation PART FOUR: ENGINEERING FEASIBILITY & DUE DILIGENCE Task 2.1: Project Team Meetings/Check-ins MESA will prepare and participate in biweekly project team meetings with the City of Fort Worth project manager, and representative stakeholders from the City of Fort Worth and the Parks and Recreation Department(PARD) as needed to update them and preview strategies and materials prepared pertaining to the progress of the planning and design effort. MESA will engage with the project team regarding any issues and ask for their participation in these check-ins as needed. It is understood that the Fort Worth project team will review the work, provide feedback, and make suggestions for moving forward, ensuring their voice and concerns are addressed in the Master Plan. The project team will be the stakeholders who are most familiar with the project, and day-to-day operations, and will work to ensure it is implementable. MESA Deliverables:Agendas for team meetings/check-ins and action items and timetables. Meetings: Up to eight(8) Bi-Monthly virtual check-ins with the City of Fort Worth project manager and departmental representatives as needed. Task 2.2: Key Stakeholder Meetings and Interviews The design team will talk with key stakeholders identified by the Fort Worth project team at key project milestones to ensure support, coordination, and success of the project. These Stakeholder interviews will be carried out to ensure the planning and design of Ciquio Vasquez Park is integrated with ongoing community planning projects and aligns with specialized needs as well as in line with municipal design standards. Materials presented for these meetings are assumed to be the same as presented in the Project Team Meetings described above,with revisions as directed by the MESA Project Team representatives. Potential Stakeholders considered could include: ■ Fort Worth Independent School District Fort Worth Health Foundation ■ The Worth Heights Neighborhood Association Fort Worth ISD Representatives ■ Sports Leagues and Other Recreational City Councilperson for District 9 Organizations Park Board Member from District 9 ■ Ciquio Vasquez Park Commission Cross Timbers Urban Forestry Council ■ Parks and Recreation Department&Advisory Surviving family members of Ciquio Vasquez and Board Patrick Zamarripa ■ Fort Worth Art Commission Fort Worth Police Association ■ Fort Worth Department of Environmental Quality Transportation and Public Works Deliverables: Stakeholder summaries, PowerPoint Presentation Meetings: Up to eight(8) virtual individual/group stakeholder interviews Task 2.3: Neighborhood Public Meetings and Special Events (Pop-ups) The design team will design and conduct up to two (2) community meetings to share the key findings from the existing conditions, collect additional input on community needs and priorities, and discuss preliminary concepts. These community workshops will be interactive and inspire hands-on collaboration. The meetings will take place at key milestones in the project process and will occur at a location convenient to neighborhood residents and stakeholders. Materials will be presented in both English and Spanish and the feedback from the meetings will be documented as part of the Final Master Plan. Pop-up events can expand the audience for participation. They can foster direct and spontaneous interaction with the community members at locations where the public is already present or recreating. MESA will conduct up to two (2) pop-up outreach events at existing well-established city and neighborhood events recommended by the City. Deliverables:Agendas, materials, PowerPoint, handouts, display boards, mailing list, neighborhood mailings and yard signs, public meeting summary documentation. Meetings: Implementation of two (2) neighborhood public meetings, and up to two (2) pop-up outreach events. Task 2.4: Questionnaire/Survey The design team will collect input on values, needs, priorities, and issues for the Ciquio Vasquez Park Master Plan through a community questionnaire/survey that will be available in English and Spanish. Surveys are a method to collect opinions from stakeholders who are unable to attend meetings in person. Topics will range from recreational preferences and use, design layout, bike/pedestrian access, green space, potential monuments/art and more. Print and electronic copies of the survey will be distributed throughout the neighborhood, and at in-person meetings/pop-up events. MESA will share a draft version of the questionnaire for one round of client review before finalizing. Electronic survey distribution will be handled by the City of Fort Worth Engagement Department and Communications Department in coordination with the MESA engagement. MESA The survey outreach will utilize City of Fort Worth's established communications and engagement methods, including webpages, social media (e.g., Facebook,Twitter, etc.), email distribution lists, and other methods. Deliverables:Written and online survey in English and Spanish (draft and final). Survey distribution one (1) in-person at neighborhood public meeting and pop-up events as appropriate, survey and analysis. Task 2.5: Social Media Outreach Social Media outreach will be executed by the City of Fort Worth Public Engagement Department in coordination with MESA's engagement specialist. MESA will consult with City of Fort Worth Engagement staff on outreach templates, messaging in English and Spanish, and graphics, and social media scheduling. MESA anticipates using existing Fort Worth social media and other established Fort Worth communication channels to publicize the engagement activities for the duration. Meetings: Up to four(4) virtual coordination meetings with City of Fort Worth Engagement Department for up to four(4) social media posts. Task 2.6: Final Fort Worth Park Board Presentation(s) At the conclusion of the project, the design team will make a final presentation to Fort Worth Park Board representatives and/or Fort Worth City Council representatives, or special on-call final presentation as requested by the project manager. These presentations will provide an overview of the design recommendations/implementation strategies, community engagement, preliminary cost information, and next steps related to the Master Plan. The design team will be available for question and answer. These presentations will culminate the final stage of the Master Plan before approval. Deliverables: PowerPoint Presentation and display boards Meetings: Up to two (2) final presentations, one of which will be made to the Park Board PART THREE: THE DESIGN FRAMEWORK AND MASTER PLAN It is important that the design effort be guided by a Planning Framework that establishes a physical template within which the design must work to address the goals and objectives established during stakeholder and community engagement. Task 3.1: Framework Plan The Framework Plan is established by examining the project goals identified by staff, stakeholders, and park users during the engagement process and their relationship the proposed program elements and park improvements. The goals and program elements are evaluated for the positive or negative influence that each has on the other. The relationship is then scored to quantitatively identify those planning initiatives and components which have greatest value in terms of building consensus for the plan and achieving a desired outcome. This Framework plan is not a physical plan with form, but rather a conceptual framework which establishes priorities for the Master Plan to work toward through the design process. Deliverables: Framework plan for presentation and input from stakeholders and City staff Meetings: Public Meetings as described in Part Two; and up to two (2) virtual review meetings with the Project Manager and additional Fort Worth staff as appropriate. Task 3.2:Vision & Programming Master Plan The design team will prepare three (3) conceptual Vision and Programming Master Plan alternatives evaluating the relationships between the adjacent development, the park site, and the surrounding community. The design team will map the anticipated patterns of usage and circulation based upon feedback at the Kickoff Meeting as well as incorporating community input into the programming and overall vision for the park. The programming plan will graphically depict zones for each activity on site and serve to describe the relationships between each. Through the identification of various "programming" rooms, and the MESA characteristics associated with those spaces,MESA will be able to develop a Master Plan responsive to site-specific opportunities and constraints. Key areas will include but may not be limited to: 1. Key linkages a. Focal points and interface with private property b. Pedestrian facilities and opportunities c. Hydrological issues and challenges 2. Transitions a. Community context to Echo Lake shoreline b. Connectivity to trails network c. Parking and transit stops 3. Preservation/Restoration of Historic or Natural Systems A. Areas of Special Function/interest a. Destinations, seating areas, and attractions b. Raingardens/bioswales/drainage retention c. Incorporate best practices in sustainable design, Design and Development standards, and Crime Prevention through Environmental Design Standards 5. Districts a. Elements of distinction b. Elements of continuity 6. Opportunities resulting from repairs and construction of new improvements (e.g., CIP) a. Restoration areas b. Pedestrian/roadway/lake interface zones c. Interpretive areas d. Amenities and enhancements e. Contextual interventions (adjacent property owners) Deliverables: Conceptual plan alternatives that depict general programming and vision for the project. Meetings: Public Meetings as described in Part Two; and up to two (2) virtual review meetings with the Project Manager and additional Fort Worth staff as appropriate. Task 3.3: Illustrative Master Plan MESA will, upon staff approval of Task 3.2, refine the Conceptual Plan into an illustrative Master Plan depicting the program and conceptual site improvements such that it may be used for more precise cost projection, construction sequencing, and phasing. Any issues arising from the previous meetings and workshops will be addressed. This plan further refines the preliminary plan to a degree of reality that addresses detailed aspects of the Master Plan such as building areas, hardscape, and landscape components. The graphic quality will be suitable for sharing with jurisdictional authorities, stakeholders, or publication. Deliverables: One (1) rendered and annotated Illustrative Master Plan (three full size color hard copies&pdf file) Meetings: Public Meetings as described in Part Two; and up to two (2) virtual review meetings with the Project Manager and additional Fort Worth staff as appropriate. Task 3.4: Opinion of Probable Cost MESA will develop a Master Plan level Opinion of Probable Cost(OPC) for the project. This document will be prepared in spreadsheet format and organized around the major program elements that comprise the park program components and capital improvements as they are understood at this stage. The spreadsheet will respond to the elements as depicted in the illustrative Master Plan. MESA will review the OPC with City staff as part of the agenda for meetings/calls associated with other tasks. Deliverables: Spreadsheet in pdf format for use by the design team and City Staff. Meetings: One(1) conference call, or as part of agenda for other meetings with City staff. MESA Task 3.5: Master Plan Booklet/Summary for Social Media Distribution MESA will develop a final report encapsulating all design efforts and initiatives depicted for this project. This report is intended to not only be a summary of the process, but also as a useful implementation and reference tool for the City of Fort Worth. The final report will include the following: • Assessments • Framework Plan • Vision &Programming Plan • Illustrative Master Plan • OPC/Proposed phasing (if needed) • Public Engagement/Input record The Final Master Plan Report will also include an Executive Summary(<2 pages), summary of purpose and benefits, feasibility of proposed improvements, phasing plan with associated budget, as well as all maps, matrix, diagrams, and public commentary developed during the design process. Deliverables: Final Master Plan Report(10 hard copies and digital pdf) that depicts the information outlined above-specific area enlargements, sections, elevations, and sketches may be prepared,as necessary. Meetings: One (1) Final Master Plan presentation to the Fort Worth staff/Park Board and Fort Worth City Council. Additional meetings will be billed per the hourly rate schedule. PART FOUR: ENGINEERING FEASIBILITY& DUE DILIGENCE Task 4.1: Engineering Feasibility& Due Diligence 1. Site Visit: The Engineering Firm will visit the site one time to observe existing conditions and review existing plans, if available, for the existing adjacent street and site improvements. 2. Plan Research: The Firm will gather available existing infrastructure plans adjacent to and serving the site to be used for the site Civil Design. 3. Park Master Plan: The firm will support the Architect in development of the Master Plan for Ciquio Vasquez Park. The firm assumes the park Master Plan will be completed by others. A. Public Meetings: a representative from the Civil Engineering sub consultant will attend the public meetings listed on Attachment A of the project scope as appropriate. This includes the public meetings in December and February. 5. Preliminary Engineering: The Firm will provide preliminary engineering for water, sewer, and drainage for the site using the layout plan developed for the preliminary plat submittal. This does not include flood plain analysis. b. Preliminary Opinion of Probable Costs: The Firm will prepare one Preliminary Opinion of Probable Cost using our recent bid tabs or Client provided unit prices, however, in either case, the Client represents their acceptance of these prices by using the estimate provided. ATTACHMENT "B" COMPENSATION Design Services for Ciauio Vasquez Park Master Plan City Project No. 104195 COST OF SERVICES The services described in Attachment A Scope of Services will be provided for a total lump sum fee of$98,800.00 (Ninety- Eight Thousand Eight Hundred Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY monthly, based upon percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services. The below tasks shall be billed as follows: TASK Professional Total Services Fees PART ONE: PROJECT KICK-OFF AND FAMILIARIZATION Task 1.1: Kickoff Meeting and Data Collection $ 4,000.00 Task 1.2:Ciquio Vasquez Park Physical and Contextual Assessments $10,000.00 $14,000.00 PART TWO:COMMUNITY AND STAKEHOLDER ENGAGEMENT Task 2.1: Project Team Meetings $ 2,600.00 Task 2.2: Key Stakeholder Meetings and Interviews $ 2,500.00 Task 2.3: Neighborhood Meetings and Special Events(Pop-ups) $13,000.00 Task 2.4:Questionnaire/Survey for Ciquio Vasquez Park $1 1,500.00 Task 2.5:Social Media Outreach $ 2,000.00 Task 2.6: Final Staff/Fort Worth Council Presentation $ 1,250.00 $32,850.00 PART THREE:THE DESIGN FRAMEWORK AND MASTER PLAN Task 3.1: Framework Plan $ 4,500.00 Task 3.2:Vision&Programming Master Plan $ 6,500.00 Task 3.3: Illustrative Master Plan $ 9,500.00 Task 3.4:Opinion of Probable Cost $ 7,000.00 Task 3.5:Master Plan Booklet/Summary $10,000.00 $37,500.00 PART FOUR:ENGINEERING FEASIBILITY&DUE DILIGENCE -Task A.1: Engineering Feasibility and Due Diligence $12,500.00 $12,500.00 Total—Basic Services: $96,850.00 REIMBURSABLE EXPENSES Reimbursable non-labor costs for this project are included in the fees above. ADDITIONAL SERVICES/HOURLY FEE SCHEDULE Services requested, but not specifically included in the scope of services listed above,will be considered additional services. Modifications to drawings, after approval by Owner, because of changes requested by Owner or other consultant will be considered additional services and billed at an hourly rate as follows: Senior Principal $235.00 Principal $195.00 Associate Principal $175.00 Associate $160.00 MESA Project Associate $150.00 Senior Project Manager $130.00 Project Manager $1 15.00 Senior Designer $100.00 Visualization Manager $100.00 Visualization Specialist $ 85.00 Designer $ 85.00 Graphics/Marketing/Admin $ 75.00 Intern $ 70.00 PROPOSAL AND CONTRACT CONDITIONS: 1. The client will provide the following and MESA has the right to rely on this information and any information provided by others: a. Boundary and general topographic survey locating structures, existing vegetation, existing property lines and underground utilities that cross the property on AutoCAD file. b. Architectural Site Plan on AutoCAD file. c. Budgetary Considerations. d. Soils and/or Geotechnical Report(if required) 2. Excluded services include, however are not necessarily limited to: a. Utilities (water, sewer, storm, electrical, cable, telephone, etc.) b. Sub-consultant design fees not specifically included above. c. Structural, mechanical, and electrical engineering if required. d. Irrigation designer or lighting design and associated consultant fees. e. Project signage environmental graphics. f. Landscape lighting electrical plans. g. Zoning or entitlements h. Design of any related off-site improvements i. Illustrative plans, models, and drawings not specifically described in Scope of Services. j. Redesign of elements due to site plan changes (i.e., buildings relocate, site grading changes) k. Geotechnical information. I. As Built Drawings m. TDLR Submittal n. Any jurisdictional mitigation plans (including wetland, tree,404 permit, etc.) o. On Site Construction Management p. Site Safety, Operations or Maintenance 3. MESA Design Associates may subcontract consultants in the performance of any services described in this agreement. A. MESA Design Associates does not act as General Contractor in any way or accept responsibility for poor craftsmanship. 5. Either Party may terminate this contract with (7) seven days written notice to the other party. Upon termination,MESA will be paid for all work performed, including reimbursable expenses, through the date of termination. 6. Should the project go "on hold" for more than sixty(60) days, the Consultant reserves the right to charge a $600.00 restart fee when the project resumes. MESA's fees for the remaining services and the time schedules shall be equitably adjusted. 7. This agreement is to be governed by the laws of the State of Texas. Compensation for all services shall be paid in Dallas, Dallas County,Texas. MESA 8. In the event disputes are not satisfactorily resolved through informal discussions, the Client and MESA agree that all disputes between them arising out of or relating to this agreement, or the Project shall be submitted to nonbinding mediation. In the event the parties to this agreement are unable to reach a settlement through mediation, then such disputes shall be settled by litigation, in a court of competent jurisdiction. 9. Invoice Terms: Net thirty(30) days from invoice date.A finance charge of 1.5% per month (18%per annum)will be added to accounts over thirty(30) days past due. Client agrees to pay reasonable attorney's fees incurred by MESA to collect on unpaid invoices. MESA reserves the right to file a property lien if invoices go over sixty (60) days past due. 10. If the client fails to make payments to MESA in accordance with this agreement, such failure shall be considered substantial non-performance and cause for termination or, at MESA's option, cause for suspension of performance of service under this agreement. If MESA elects to suspend service, prior to suspension of services,MESA shall give seven (7) days written notice to the Client. In the event of a suspension of services, MESA shall have no liability to the Client for delay or damage caused to the Client because of such suspension of services. Client agrees to hold MESA harmless and completely indemnify MESA from and against all damages, costs, attorney's fees, and/or other expenses which MESA may incur because of any claim by any person or entity arising out of such suspension of work. Before resuming services, MESA shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of MESA's services. MESA's fees for the remaining services and the time schedules shall be equitably adjusted. 11. The hourly rates and multiples for services of the Consultant and Consultant's sub consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices annually or as agreed upon between the Client and Consultant. MESA reserves the right to adjust hourly-based contracts and additional service fees to compensate for inflation increases annually. 12. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as Landscape Architects in Texas. Texas Board of Architectural Examiners, P.O. Box 12337, Austin, Texas 7871 1-2337; tele: 512.305.9000; fax: 512.305.9005; e-mail: www.tbae.state.tx.us. 13.LIMITATION OF LIABILITY:to the maximum extent permitted by law,the Client agrees to limit MESA's liability for the Client's damages to two times the fees indicated in this proposal. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 14. By making visits to the site, MESA is not assuming the responsibilities of the builder, Construction Manager, Construction Superintendent or any of their agents or subcontractors. 15. Plans, drawings and specifications or other writings or documents prepared or provided by MESA hereunder are prepared for this Project only but may be used by MESA for purposes of illustrating the scope and nature of project involvement. MESA shall provide Client with a reproducible set of drawings and specifications for its records. They shall not be used by Client for other projects or extensions to the project without the express written permission of MESA. MESA shall retain ownership of all videos, reports, drawings, plans, specifications, electronic files, field data, notes and other documents and instruments prepared by MESA as instruments of service. MESA shall retain all common law, statutory and other reserved rights, including,without limitation, all copyrights thereto. 16.The Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless MESA from any damages, liabilities or costs,including reasonable attorneys'fees and costs of defense, arising out of the use or modification by the Client to any reports, plans,specifications or other construction documents, including electronic files, prepared by MESA if such use or modification MESA has not been explicitly approved in writing by MESA and its sub consultants.This indemnification provision shall survive the termination of this Agreement. 17. It is expressly understood and agreed that MESA shall not have control of, or charge of, or be responsible for construction, means, methods, techniques, sequences or procedures, or for safety precautions or programs in connection with the Project or for the acts or omissions of any contractor, subcontractor or other persons performing work for the Project and Client shall indemnify MESA and hold MESA harmless from and against any and all claims, demands, losses, costs, third party beneficiaries, liabilities and damages including, without limitation, reasonable attorney's fees and expenses, incurred by MESA and arising out of or related to any of the aforesaid. 18. Notwithstanding any other provision of this Agreement, MESA and MESA's sub consultants shall have no responsibility for the discovery, presence, handling, removal, disposal, or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, mold, polychlorinated biphenyl (PCB) or other toxic substances. 19. The Client agrees to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this agreement. 20. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either MESA or the Client. MESA's services under this agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against MESA because of this agreement or the performance or nonperformance of services hereunder. 21.The Client agrees,to the fullest extent permitted by law,to indemnify and hold harmless MESA, its officers,directors,employees and sub consultants (collectively,MESA)against all damages, liabilities or costs,including reasonable attorney's fees and costs,to the extent caused by the Clients negligent acts or breech of this agreement,and the acts of its contractors,subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor MESA shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. 22. If any term or provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, such holding shall be applied only to the provision so held, and the remainder of this Agreement shall remain in full force and effect. 23. This document super cedes all previous discussions and documents, if any, and may only be amended by written agreement between the parties. 24. In providing services under this Agreement,MESA shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. 25. Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, pandemics, disease, acts of God such as fires, hurricanes, floods, or tornadoes. MESA Respectfully Submitted, Acceptance of Proposal and Contract Terms and Conditions: MESA Design Associates, Inc. City of Fort Worth Park and Recreation By: Fre . Walters,AS Authorized Representative Principal Date Note: Please return a signed copy to MESA. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Ciquio Vasquez Park Master Plan City Project No. 104195 No change to the Standard Agreement ATTACHMENT "D" PROJECT SCHEDULE Design Services for C_iguio Vasquez Park Master Plan City Project No. 104195 The project is anticipated to be completed within approx. 5-6 months. Shown below is the anticipated time duration breakdown by task: TASK Task Initiation Date Task Completion Date PART ONE: PROJECT KICK-OFF AND FAMILIARIZATION Task 1.1: Kickoff Meeting and Data Collection November 21,2022 November 29,2022 Task 1.2:Ciquio Vasquez Park Physical and Contextual Assessments November 15,2022 December 6,2022 PART TWO:COMMUNITY AND STAKEHOLDER ENGAGEMENT Task 2.1: Project Team Meetings/Check-ins November 29,2022 March 7,2023 Task 2.2: Key Stakeholder Meetings and Interviews November 30,2022 March 3,2023 Task 2.3: Neighborhood Meetings and Special Events(Pop-ups) December 12,2022 January 20,2023 Task 2.4:Questionnaire/Survey December 12,2022 January 20,2023 Task 2.5:Social Media Outreach November 30,2022 March 10,2023 Task 2.6: Final Fort Worth Park Board Presentation(s) March 3,2023 March 15,2023 PART THREE:THE DESIGN FRAMEWORK AND MASTER PLAN Task 3.1: Framework Plan December 13,2022 January 13,2023 Task 3.2:Vision&Programming Master Plan January 16,2023 January 30,2023 Task 3.3: Illustrative Master Plan February 20,2023 March 3,2023 Task 3.4:Opinion of Probable Cost February 20,2023 March 3,2023 Task 3.5:Master Plan Booklet/Summary February 20,2023 March 17,2023 PART FOUR:ENGINEERING FEASIBILITY&DUE DILIGENCE Task 4.1: Engineering Feasibility&Due Diligence January 16,2023 March 17,2023 ANTICIPATED MASTER PLAN ADOPTION April 11,2023 ATTACHMENT "E91 PROJECT LOCATION AND SCOPE AREA Design Services for Ciquio Vasquez Park Master Plan City Project No. 14 • Ciquio Vasquez Park Project Site 7 ' ddison St � • �� • ��• � 'Worth,Height's ® � , - ��' Commu��y�Center �►�e ,Elementary School �. �.. t # 5w �.