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HomeMy WebLinkAboutContract 45448 CI'TY SECKTARYt ' F F , TEXAS AGREEMENT STANDARD FOR LANDSCAPE CHIC C RELATED DESIGN SERVICES This AGREEMENT is between the City of Fob Worth, a Texas horse-rule municipality (th "CITY"), and Ca Cook, Associates, authorized to do business in Texas, (the III LANDSCAPE ARCHITECT "), for a PROJECT generally described as- Park Improvements in Eugene c r "ark, at Lake Arlington, Oakmont Linear Park South, Hallmark 'irk and Jefferson Davis Park,, Arficle co Se es A. The Scope of Services is set forth in Attachment A. Ace 11 opnsao A. The LANDSCAPE ARCHITECT"'s compensation shall be in the amount, of $96,430.,00 as set forth in Attachment Art"Icle III Ter of'Payment Payments to the LANDSCAPE ARCHITECT will be made as follows A. Invoice, and Payment (1) the LANDSCAPE ARCHITECT shall prov the City sufficient documentiationl including ut not limited, et r the requirements set forth in Attachment o this AGREEMENT, to, reasonably substantiate the (2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work performed under this T.. Invoices are due and payable it City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services MO Official Release Date: /28/201 Page of RECEIVED mA 2 49 CITY SECRETARY CONTRACT NO, CITY OF FORT WORTH, TEXAS STANDARD AGREEMEI T FOR LANDSCAPE ARCHITECTURAL RELAT D DESIGN SERVICES This AGREEMENT is between) the City of Fort Worth, a Texas home-rude municipality (thee "CSI ");, and Cage Cook & Associates, authorized to do business in Texas, the LANDSCAPE ARCS H I ECT " , for a PROJECT generally described s: rear Improvements in Eugene McCray Park, at Lake Arlington, Oakmont Linear Farb South, Hallmark Park and Jefferson Davis, nark, Article I Scope of Servi"ces A. The Scope of Services i ► set forth, in Attachment,A. Arficle 11 Compensation A. The LANDSCAPE A CHITECT''s compensation nl 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 DSCAPE ARCS H ITEC T shall provide the City sufficient documentation, including but not limited to meeting the irequirements, set forth in Attachment D to this AGREEMENT, t reasonably substantiate the involices.. (2); The LANDSCAPE ARCHITECT HITECT will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMIO Off iclal IlRelease(Date: 1/28/'2013 Page 1 of 1 " RECEIVED fl U9e 30 dais of rec ipt. (3) Upon completion n f services enumerated in Article 1, 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, contented will be withheld from payment,, and the undisputed portion will be paid. The C,ITS" will exercise reasonableness in contesting any hill 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 ser ices, the LANDSCAPE ARCHITECT ,shall have no liability to CITE" for delays or damages caused the CITE` because of such suspension of services. Article I" Obli"gations of the Landscape Architect Amendments to rticle IV if any, are included, in Attachment C. A, General The LANDSCAPE ARCHITECT will serve as the CITY's professional nal design representative under this Agreement, providing professional design consultati on and advice and furnishing customary services incidental thereto. Standard of Care The standard of care applicable to the ANDSCA E ARCH ITECT's services will be, the degree of skill and diligence normally a mpiloyalld in the State of Texas by professional landscape architects or consultants performing the same or similar services at the time such services are performed. C, Subsurface Investigations (1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services P O Official Release Date;1128/2,013 Page 2 of 1 a, borings, or other subsurface, investigations in connection with desu�gn and engineering work to he performed hereunder. The LANDSCAPE ARCHITECT shall also advise, the CITY concerning the results of same. Such sure ,. tests; and line estigations 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 succe�ssive test polints and sarm,ple intervals and at locations, other than where observations, explC ratiC n, 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 cosh and/or execution. These conditions and cost executi In 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 rnylar sheets and electronic fill es 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 he liable for the use of such drawings, for any project other than the PROJECT described herein E. Landscape Architect's Personnel at Construction Site (1) The presence, or duties of the LANDSCAPE RCHITECT',s, personnel at a construction site, whether as on-site representatives or otherwi e�, 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 t f all construction methods, means, techniques, sequences, and procedures n�,ecessary for coordinating and completing all portions of the construction n 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 ity of Fort Worth Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Cute:1/28,12013 Page 3 of 1 Attachment A, the LANDSCAPE ARCHITECT or its personnel shall have no o�bligation or responsibility to visit the construction site to become familiar with the progress or quality, of the completed work on the PROJECT or to determine, in general,, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and LANDSCAPE ARC HITrECT be construed as requiring LANDSCAPE ARCHITECT to make exhaustive or continuous, on-site inspections to discover latent defects, in the work or otherwise check the quality or quantity of the work on the PROJECT. If the LANDSCAPE ARCHITECT makes on-site observation(s) of a deviation from the Contract Documents, the LANDSCAPE ARCHITECT shall inform, the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform, the services set, forth in the Scope of Services,, the LANDSCAPE ARCHITECT shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. Is inan IN F. Opinions of Probable Cost, Fcia,1 Considerations, and Schedules (1) The LANDSCAPE ARCHITECT shall provide opinions of probable costs based on the current available information at the time o,4: preparation I in accordance with Attachment A. (2) In prov,iding opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT,1 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 biddling procedures and market conditions; time or quality of performance by third parties,- quality, type, management,, or direction, of operating personnel; and other economic and operationa,l factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the LANDSCAPE ARC,H,IT'E,CT makes no warranty that the CIT Y's, actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the LANDSCAPE ARCHITECT 's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the LANDSCAPE ARCHITECT to the CITY for periodic construction progress payments to the construction contractor will City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date:1/28/201 3 Page 4 of 17 A 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 exam inatlion to ascertain how or for what purpose the construction contractor has, used the moneys paid; that title to any of'the work, material! o p -free and clear, of liens, claims, security r equiment has passed io the CITY interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, ins art, 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 ornissions in the information from others that is incorporated into the record drawings. 1. M'I*nor'l'ty Bus"iness, and Small BusinessEnterprise (MBE)(SBE) Par6*c*ipatn 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 S goals established for this contract and its accepted written commitment to MBE and S 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'thlis Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. R10ght to Aud*1t (1) LANDSCAPE, ARCHITECT agrees that the C,ITY shall, until the expiration of five (51), years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the LANDSCAPE ARCHITECT involving transactions relating to this, contract. LANDSCAPE ARCHITECT agrees that the CITY City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date:1/28/2013 Page 5 of 17 shall have access, during normal working: hours to, all necessary LANDSCAPE ARCHITECT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give LANDSCAPE ARCHITECT reasonable advance notice of intended audits. (2) LANDSCAPE ARCHITECT' further agrees to include 'in all its subconsultant agreements hereunder a provision to the effect that the sub-consultalint 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 photolcopy any directly pertinent books, documents, papers and records of such s,uibcoinsaul�tant, 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 subiconsultant reasonable advance notice of intended audits. (3) LANDSCAPE ARCHITECT and subconsultairat agree to photocopy such documents as may be requested by the CITY. The CITY agrees to, reimbuirse LANDSCAPE ARCHITECT for the cost of copies at the, rate published in the Texas Administrative Code in effect as of the time copying is performed. K, INSURANCE (1) LANDSCAPE ARCHITECT'S INSURANCE a. Commercial General Liability — the LANDSCAPE ARCHITECT shall maintain commercial general liability (C )l and, if necessary, commercial umbrella insurance with a limit of not less, than $1 0001, .010 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. I. 6 1 The CITY shall be includea as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commerciia,l umbrella, if any. This insurance shal,l, 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: p rel raises/opel rations, products/completed operations, contractual, personal injury,1 or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date'.1128/2013 Page 6 of 17 writing. iii. 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 liabi'li'ty arising out of any auto"I including owned, hired, and nion-owned autos, when said vehicle is used in the course of the PROJECT. If the landscape architect owns no vehicles, coverage for hired or noni-ow,ned�: is acceptable. i. LANDSCAPE ARCHITECT waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella, liability insurance obtained by LANDSCAPE ARCHITECT pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — LANDSCAPE ARCHITECT shall maintain workers compensation and employers liability insurance and, if necessary, c,ommeir,cia,l umlbrella liability insurance with a limit of not less than $100,1000.00 each accident for bodily injury by accident or $100,0100.00 each employee for bodily injury by disease, with $500t . 0 policy limit. i. LANDSCAPE ARCHITECT waives, all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the, extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by LANDSCAPE ARCHITECT pursuant to this agreement. d, Professional Liability ­ the LANDSCAPE ARCHITECT shall maintain professional liability, a claims-made policy, with a minimum of $1 101010,,0:0:0.00 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 ma,i�ntain d for a period of 5 years following the completion of' the contract. An annual certificate of insurance specifically referencing this City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services P:MIO Official Release Date: 1/28/2013 Page 7 of 1 7 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 a'11 required insurance shall be delivered to the CITY prior to LANDSCAPE ARCHITECT proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional' Insured thereon, as its interests may appear., The, term CITY shall' include, its employees, officers, officials, agents, and volunteers as respects the contracted services. c, Cert�ificate(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 requ,iremen,tsi. e. A minimum of thirty (3 0) days, notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be a , acceptable in the event of n on!-payment of premium. Not,ice shall be sent to the respective Department Director (by name), City of Fort Worth, 11000 Th rockmorton, Fort Worth, Texas 76102�. f. Insurers for all policies, must be authorized to do business in the State of Texas and have a minimum rating of Awl` or greater, in the current A.M. Best Key Rating Guide or have reasonably equivaleinit financial strength and s,oilvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,0100.00 that would change or alter the requirements, herein is subject to approval by the C,ITY in writing if coverage is not provided on a first-dollar basis. The CITY, at it sole di�scretion, may consent to alternative coverage maintained through insurance, pools, or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring City of Fort Wort r,Texas Standard!Agreement for Landscape Architect Related Design Services PM O Offic,ial Release Date,1/28/2013 Page 8 of 17 expense, to review the LANDSCAPE ARCHITECT'S insurance policies, including endorsements thereto and, at the CI'TY:s discretiow the LANDSCAPE ARCHITECT may be required to provide proof of insurance premium payments, Lines of coverage, other than Professional Liability, underwritten on a claims-mad le basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is cllaims-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. 1. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement, m. Sub consultants and subcontractors, t '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/subs ontractors maintain insurance coverage, LANDSCAPE ARCHITECT shall provide CITY with documentation thereof on a certificate of insiuran�c�e., L, 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, Di'lisclosure The LANDSCAPE ARCHITECT acknowledges, to, the CITY that it has made full disclosure in writing of any e�xisting conflicts of interest or potential conflicts, of iinterest, including personal financial interest,, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The LANDSCAPE ARCHITECT further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release,Date.,1/28/2013 Page 9 of 17 (1) If asbestos or hazardous substances in any form are encountered' or suspected, the LANDSCAPE ARCHITECT will stop its own work in the a,ffected portions of the PROJECT to permit testing and evaluation. (2), If asbeistos or other hazardous substances are suspected, the CITY may request the LANDSCAPE ARCHITECT to assist in obtaining the services of a quialified subcontractor to manage the remediation activities of the PROJECT. 0. Perm'ftfing Authorl'ties - Design Changes If permitting authorities, require deslig,n changes so as to clom lly 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 couild not have been reasonably aware of, the LANDSCAPE, ARCHITECT shall notify the CIS of such changes and an adjustment, in compensation will be made through any amendment to this AGREEMENT, P0 Schedule LANDSCAPE, ARCHITECT shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Artl*cle V Obfigations of the City Amendments to Article V, if any, are included in Attachment C. �A. C*Ity-Furn'lished Data LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facififti'"es and Property City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Oifficial Release Date:11281201:3 Page 1!0 of 17 The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT' as, required, for the LANDSCAPE ARC H ITT CT's performance of its services. The CITY wail l perform,, at no cost to the LANDSCAPE ARCHITECT, such tests of equipment, machinery,, pipelines, and other components of the CIT'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 o' t'ain, arrange, and pay for all advertisemenTS for bids; permits and licenses required by local�l, state, or federal authorities; and land�, easements, rights- of-way, and access necessary for the LANDSCAPE ARC HITECT 's, services or PROJECT construction. D, T'Imelly 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 ARCHHITECT's services or of any defect in the work of the LANDSCAPE ARCHITECT or construction contractors. F. Asbestos or Hazard�ou�s Substances Release. (1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the work at CITY's, facilities that may contain hazardous materials, including asbestos, containing materials, or conditions,, and that LANDSCAPE ARCHITECT' had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of' City, City hereby releases LANDSCAPE ARCHITECT from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date:V28/2013 Page I I of 17 release or escape of hazardous substances, contaminants, or asbestos is a result of LANDSCAPE ARCHITECT's negligence or if LANDSCAPE ARCHITECT brings such hazardou's substance, contaminant or asbestos onto the project. Go 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, ands provisions providing contractor indemnification of the CITY and the LANDSCAPE ARCHITECT for contractor's negligence. H Contractor Claims and Third- 'tarty Berieficiaries (1) The CITY agrees to include the following c,l�a,u�se in all contracts with construction contractors and equipment or materials, suppliers: "Con�tractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct, action against the LANDSCAPE ARCHITECT I its officers, empiloyees, and subcontractors, for any, claim arising Out 0f7 in connection with�, or resulting from the design and en ineeringi services, plerformed. Only the CITY will be the beneficiary of any undertaking by the LANDSCAPE ARC HITECT.11 (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 . NJ shall have no third party beneficiary rigi,nts under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against LANDSCAPE ARCHITECT. I. CITY's, Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide LANDSCAPE ARCHITECT a copy of the policy or documentation of such on City of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date:1/28/2013 Page 12 of 17 a certificate of insurance. (3) The CITY gill specify that the Builders Risk/Installation insurance shall be comprehenstive in coverage appropriate to the PROJECT ri sks, J. Litigation Assistance The Scope of Services does not include costs of the LANDSCAPE ARCHITECT for required or requested assistance to supporti prepare,, document, bring, defend, it assist in litigation undertaken or defended bythe 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. Kai C�hanges The CITY may make or approve changes within the gienera.1 Scope of Services in this AGREEMENT. If such changes affect the LANDSCAPE ARC -I'TECT's cost of or time required for performance of the services, an equitable ad�j�ustment will be made through an amendment to this AGREEMENT with appropriate CITY approval., Article V1 General Legal Provisions Amendments,to Arl-.isle VI, if any, are included in Attachment C. A, Author izat"Mril to Proceed LANDSCAPE ARCHITECT shall be authorized to, proceed with this AGREEMENT upon receipt of a written Notice to, Proceed from the CITY. B. Reuse of Project, Documents All designs, drawings, specifications, documents, and other work products of the LANDSCAPE ARCHITECT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT Is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such 'instruments of service without the written perm� ission of the LANDSCAPE ARCHITECT will be at the CITY's sole risk. The CITY shall own the final, designs, drawings, specifications and documents. City and rthStand Agreement for Landscape Architect Related Design Services PMO Official Release Date:1/28/2013 Page 13 of 17 C. Force Majeure The LANDSCAPE ARCHITECT is not rep,p�o�ns:ible for damages or delay in Derformance 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) 1 his AGREEMENT may be terminated only by the City for convenience on 30, d airs' written notice. This AGREEMENT may be terminated by either the CITY or the LANDSCAPE ARCHITECT for cause if either party falls substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice a,nd' diligently complete the correction thereafter. (2) if this AGREEMENT is terminated for the convenience of the City, the LANDSCAPE ARCHITECT will be paid for termination expenses as follows: a.) Cost of reproduction of' partial or complete studies, plans,, specifications, or other for of LANDSCAPE, ARCHITECT"S work product-, b.) Out-of-pocket, expenses for purchasing electronic data files and other data storage supplies or services; C.) 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 th' at the work effort is suitable for long ,time storage. (3) Prior to proceeding with termination services, the LANDSCAPE ARCHITECT will submit to the CITY an itemized statement of all termination expenses. The CITYS approvall will be obtained in writing prior to proceeding with term inati,on services. E, Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the LANDSCAPE ARCHITECT for the convenience of -the CITY., I nl the event of such suspension,, delay, or interruption, an equitable adjustment in the PROJECT's, schedule, commitment and cost of the LANDSCAPE ARCHITECT 's personnel and subcontractors, and LANDSCAPE ARCHITECT 's, compensation will be made. City of'F'ort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date-,1/28/2013 Page 14 of 17 F. Indemnification In accordance with Texas, Local Governmerilt Code Section 271.904, the LANDSCAPE ARCHITECT shall indemnify, hold harmless, and defend the CITE' against liability for any damage caused by or resulting -from an act ofnegligence, intentional tort, intellectual property intringement, or failure to pay a subcontractor or supplier committed by the LANDSCAPE ARCHITECT or LANDSCAPE ARCH'ITECT'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 prii or written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability) or any other cause of action, except for willful misconduct or gross negligence for limitations of' liability and sole, negligence for indemnification. Parties mean the CITE' 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, I 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 I illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this I AGREE MENT' shall be construed as if such invalid, illegal, or unenforceable provision had never, been contained herein. Articles V.F., VI.B., V'I.D., VI.F., VI.H., and V1.11. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply City of IFort Worth,Texas Standard Agreement for Landscape Architect Related Design Services PMO Official Release Date: 1128/2013 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 wh,ich in any way affect this AGREEMENT and the work herein der, and shall observe and compily 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 pilea of m,isunlderstanding or ignorance thereof shall be considered. LANDSCAPE ARCHITECT agrees to defend, indemnify and hold harmless CSI TY' 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 V11 Attachments, Schedules, and, S atures 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 folllowing attachments and schedules are hereby made al part of this AGREEMENT: Attachment A- Scope of Services Attachment B— Compensation Attachment C - Project Schedule Attachment D - Location Map .4 Executed and effective thus the d ay oINM!4, 0/ B Y.- BY: CITY OF FORT WORTH LANDSCAPE ARCHITECT Camay Cook &Associates ;/JX sssan Alanis Rebecca Caye C(fok, R.L.A. ,stant,City Manager Sole Proprietor tee. 13 Date- C4 of Fort Worth,Texas Standard Agreement for Landscape Architect Related Design Services P O Official Release Date- 1/28/2013 Page 16 of 17 iVl APPROVAL RECOMMENDED: B . Rich r Zw li Dire t ►r, Parks & Community Services Department APPROVED AS 'TO FORM AND M&C .: C-26668 LEGALITY &C Cate: 02/18/2014 B : Aoias W. Black Assistant City Attorney 0 ATTEST- (> 0 S Varylli. Kaysu City Secretary . w ° Y�w City of Fort Worth,,Texas Standard Agreement for Landscape Architect Renate 'De ign:Services PMO O iei'aA RePease date. 1,/28/201 Page 17 of 1 Gaye Cook&Associates 12700 Hillcrest Road Suite 149 D�allI as,TX 751230 AIL P:214.739.9 105 1016! LANDSCAPE ATTACHMENT Scope of Services Proposal for Desi p osa gn Services at Four arks*. Jefferson Davis, Oakmont Linear, Eugene McCray, and Hallmark A. JEFFERSON DAVIS PARS FORT'I WORTH This proposal IS for Landscape Architectural and consulting services by Caye Cook & Associates (C CA) for the City of Port Worth Park and Recreation Department (the owner and/or the Client). C C A will provide the services enumerated below utilizing three,subconsultants Surveying, Civil and Structural jaster-QuIntan 1 Ila Engineers (Minority Owned) Accessibility Review SM Architects,, PLLC HUB, DBE, Minority Owned) Electrical Gerard and Associates (SUB, DBE, Minority Owned 1110 SCOPE Gaye Cook& Associates' area and scope shall consist of improvements at Jefferson IC a° is Par as described below. 1.1 This proposal is based on the man-hour labor, material, with an estimated construction budget of$165,36 1.06 to include the following 0 Minor demolition and repair of existing paving as needed to accommodate new walks, pavilion Preservation of existing pavilion, streets, walks, trees, lighting and other amen ities Addition of concrete trail around perimeter of northern portion of site 0 New security lightiing,(3 to y - +30' poles) at perimeter trail 0 Addition of new pavilion (rain. 6o1' from road) with associated walkway access 0 Addition of new backstop for softball 0 Site furniture-- new A A and picnic game tables at pavilion; benches at trail 0 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 bud and construction package. 2,0 BAS,IC 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 'purveying, Base Map preparation 0 Utilize aerial photo for site planning and incorporate City utility and flood plain info 0 Utiliize Park Department standard details where applicable Professional Services Agreement ATTACHMENT A lugs ;W t C"aye Cook&Associates 12700 Hillret Road Suite 149 Dallas,TX 75230 Alk :214.739.9105 2.2 Schematic Design C nsu�l!tant to attend kick-off meeting to discuss programming (completed j une 11:, 2013). Consultant s,hal�l visiit,the site to verify and inventory existing conditions, taking special note of the following: • Existing,veh,ieular and pedestrian circulation • Existing ve getation and amenities • Existing site and street lighting Consultant shall prepare l conceptual desii n sl etches that sho was proposed perimeter trail, softball bac,kstop 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 webs'ite. * Consultant shall submit Schematic Design Cost Estimate for review. Consultant shall snake revisions per Owner comments and submit on approved Schematic design. l eliverahl'es shall inellude 2 copies of 24" x 36" full size hand print of the selected coinceptu l/schem tic design for review. 2.3 Design Development Based on the approved Conceptual Design and Cast Estimate, the Consultant shell 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: 41 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 Pllan Pavilion Plan Site Furniture Plan Consultant nsultant shall submit Design Development ent Cost Estimate t o the Owner. Deliverables shall include ONE seat of 24" x 36"' (full size) bond prints of the design development plans and details. 2.4 Construction Documents ments Based can the approved Design n C evelopment Documents and Design Development Cost Estimate, Consultant shall prepare for approval by the Owner, Construction Documents that further develop the Design Development package. 0 Cover Sheet per Park Department requirements I sheet to include four parks) Professional services Agreement ATTACHMENT A Page 2 e, Caye Coal's&Asoi;te 12700 Hillcre t Road Suite 149 Dallas„Tit 75230 AR P:214.739.9105 L NDSC E I HTFC . 0' ley Plan, of site plan with notes • Demolition and tree removal/pr ec 1 n sheet with rotes • Grading notes • sW p p 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 sire review prints at S ri and 10101%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 subunit a full-sized set of owner approved 10 % 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 blid iissule shall include one set of full size BON 24"x36�"' � one set of unbound specifications, and one electronic file of the construction documents in AutoCAD and P F compatible format and specifications in Microsoft Word format. 2.5 lidding Consultant shall provide bidding services to include the following: Attend pre-bid conference Prepare ad'd'enda items 0 Answer questions during the bidding process 2.6 Construction Administration Curing 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 plain compliance. The consultant shall male FIVE site visits to assist the city staff for the following: 1. Review of new lighting 2. Review paving layout and (backstop 3. Review pavilion 4. Final punch list ATTACHMENT � Professional'services Agreement Page t 1 2700 Hfllcrest Road r suite 149 Dallas,TX 7 230 A, An P:214.739.9105 LANDSCAPE I T I C T S 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 (TA S) review by the Texas Department of Licensing and Regulation or an independent contract provider. • Provide project, record drawings. 3,0 Consultant Team ► Cayce Cook&Associates— Prime consultant/ Landscape Architecture NCTRCA No. - WFWB57693YO614 + Jaster- QUintanilla Engineers, Inc., hispanic Owned Firm,—Surveying and Civil Engineering • Gerard and Associates — Electrical engineering • Sly Architects -Accessibility review HUB 1,331 1 1 694220 registered as American Indian 1 percentage of participation) 4.0 Fee and Compensation on Refer to Exhibit B for fee and reimbursable rsa'' 1e expen;ses. Consultant shall invoice Owner monthly based on percentage of work completed. 510 Limitations Limitations to the work are as follows. �* No more than three bid alternates will he designated on the drawings and laid 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 parrs inclusive at schematic; DD; % CCU and 5 CD JQ to attend 2 -3 meetings.. 0 No neighborhood meetings required. 0 Design and engineering services for water fountain are not included. CCA to provide technical specifications starting with Division 0 1; City to provide General condition specs in Division 00. 0 colored renderings are not included. 0 City of Fort Worth landscape ordinance does not apple to this site. Professional services,Agreement ATTA CH ENT A page Caye Cook k Associates 120 Hillcrest IRa e Suite 149 Dallas,TX 75230 �w 21 4.739',911 0�5 A R C H I T C T S B OAIwoMONT LINEAR PARK, FORT WORTH This proposal is for Landscape Architectural and consulting services, by Gaye Cook & Associates (CCA) for the City of Fort Werth park and Recreation Department the O wner 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 Std Architects, PLL C HUB, DBE, Minority Owned) 110 SCOPE, Gaye 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, miaterial, with an estimated construction budget of'$139,371.90 to include the following., Master plan of trail along wrest side of creek starting at Dutch Branch Road and traversing northerly to Bryant Irvin Road approximately 34010 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 crossin . • Addition of new site furniture at troll 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 rather parks as one bid and construction package. 2.0 BASIC SE'RV'ICES 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 follo ws: 2.1 Surveying, Base Map preparat,ion and Geotechnical • ,Utilize aerial photo for site planning and incorporate C,ilty utility and flood plain infra • Utilize park Department standard details where applicable • Provide geotechnical report for low water crossing area 2.2 Schematic Diesi n/Master Plan phase 0 Consultant to attend kick-off meeting to discuss programming (completed June 11, 2013). Professional Services Agreement ATTACHMEN'T' "age 5 e Cage Cook&Associates 12700 Hillcrest Road Suite 149 Dallas,TX 75230 �w. AM P:214.739.91105 LANDSCAPE R C H T r C T Consultant shall visit the site to veri fy and inventory existing conditions, taking special note f'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 ' and low water crossing at I It= 20'. Consultant shall present conceptual design sketches to Owner at one meeting. Owner will select one design to be the approved c nceptual/schematic plan. Consultant shall submit Schematic Design/Master aster Plan Cost Estimate for review. . Consultant shall make revisions per,Owner comments and submit can approved Schematic design. Deliverables shall include 2 copies of " x 36" full sire bond print of the selected concepitual/schematic design for review. 2.3 Design Development Based can the approved Conceptual Design/M" aster Plan and fast Estiimnate the Consultant shall work in coordination with the Client to provide Phase I Design Development documents consisting of drawings and other documents to fix and describe the size and character of the project. Anticipated drawings include.- 10 Key Plan of site plan with notes Demolition and tree removal/protection sheet Paving plans for trail at 1" 20' 0 Low water crossing Plan Site Furniture Plan ConsUltant shall submit Design Development Cost Estimate to the Owner. Deliverables shall include ONE suet 4r' x 36" (full size) bond prints of the design development plans and details. 2.5 Construction Docun eats 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 Shee+ t per Park Department requirements I sheet to include four parrs) • ley Plan of site plan wvith notes • Demolition and tree removal/protection sheet with notes and mitigation chart Grading notes • SWPPP plans per City of Port Worth • Low water crossing plan by Engineer utilizing City standard details Professional Services Agreement ATTACHMENT A, Page 6 Caye Cook&Associates 12700 Hlillcrest Road" juice 149 Gallas,TX 75230, A& P:2 14.73'9.9105 LANDSCAPE ARC: H iT CTS 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 1 0% constructio 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 Bohr 2411x3'61' , one set of unbound specifications, and one electronic file of the construction documents in AutoCA D and P P compatible format and specifications in Microsoft"Ford format. 2.7 Bidding Consultant shall provide bidding services to include the following: Attend pre id 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 drawiln,gs. 0 Address requests for information. C C A will assist City Staff to observe contractor progress and plan compliance. The consultant shall male SIX site visits to assist the City staff for the following: 1. Review of tree protection and removal 2. Review paving layout and site fbrn tune 3. Review love water crossing 4. Final punch lilst CCA will prepare written report of findings and report any discrepancies or problems to the Owner for each site visit. (Professional Services Agreement ATTACHMENT MENT A Page v : r 11 70�O Hi' llcre Road Suilte 149 Gall ,TX 75230 "ALL, Ali P:214.739.9105 LANDSCAPE HMCT • 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 • Cage Cooly& Associates_ Prime consultant/ Landscape Architecture • Jaster- Quintanilla Engineers, l'nc., Hi:spani+c Owned Firm—Surveying and Civil Engineering • SIB Architects—Accessibility review HUB 133111694220 registered as American Indian I% percentage of participation) Fee and Compensation Refer to Exhibit B for fee and rei�mliblursablle expenses. Consultant shall invoice Owner monthly based on percentage of work completed. Soo Ll l a ons Limitations s to the work are as follows: 0 No more than three bid alternates will he designated on the drawings and bid list. Additional meetings and site visits to those enumerated above will be considered' additional services. CC A will attend four meetings total with City during design phase for all five parks inclusive at schematic; D 50% CID and 15 CD JQ to attend 2 .3 meetings. • No neighborhood meetings required. • Design and engineer in; services for water fountain are not included. • CC to provide technical specifications starting with Division 0 1 City to provide General condition specs in Division 001. Colored renderings are not included, 0 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 aA Page Caye Cook&Associates 12700 Kkre5t Road Suite 149 Dallas,TX 75230 P:: 1 4.739..9105 LANDSCAPE. ARCHITE(" TS C. EUGENE MCCRAY PARK, FORT WORTH Thiis proposal is for Landscape Architectural and consulting services by Gaye Cook&Associates (CCA) for the City of Fart Worth Park and Recreation Department (the O wner and/car the Client), CCA will provide the services enumerated below w� utilizing two sulhconsultants Surveying, Civil and Geotechnical f aster- ui to illy Engineers (Minority Owned) Accessibility Review SM Architects, PLLC (HUB, DBE, Minority norrity Owned) 1,0 SCOPE Gaye Cook& Associates' area and scope shall consist of improvements at Euizene McCray Park as described below. 1.1 This proposal is based can the man-hour labor, material, with an, estimated construction budget of$115,308.27 to include the following: 0 Minor demolition and repair of'existinig paving as needed to accommodate new walks, parkin g lot Preservation of existing pavilion, walls, fencing , trees, lighting and other amenities 0 Asphalt overlay and restriping of existing north parking lot, 4 new spaces at pavilion, and associated walkway access to existing pavilion 0 Modifications to existing walk to pilayground to achieve accessible walkway a Site furniture_ new ADA and picnic/game tables at pavilion 0 Grading and drainage to accommodate new paving 0 Possible gravel median with shade trees to separate boats/trailers from cars and collect run-off with small trees and Bator bags. Possible addition of new pavilion to work in tandem with existing. Q Phases of the work shall consist of Design Development, Construction Documents, Bidding, and Construction Administration. 13 The design fees for this park are based can this park being issued with 3 gather parrs as one bid and construction package. 210 BASIC SERVICE 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 Geot+echnical • 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