HomeMy WebLinkAboutContract 45909 CITY SECR,EMW
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR LANDSCAPE ARCHITECTURAL RELATED DESIGN
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and The Broussard Group, Inc., authorized to do business in
Texas, (the " LANDSCAPE ARCHITECT "), for a PROJECT generally described as: Park
Improvements in Mallard Cove Park, Quail Ridge Park, Creekside Park, Shackleford Park
and Lincolnshire Park.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The LANDSCAPE ARCHITECT"s compensation shall be in the amount of
$115,560.00 as set forth in Attachment B.
Article III
Terms of Payment
Payments to the LANDSCAPE ARCHITECT will be made as follows:
A. Invoice and Payment
(1) The LANDSCAPE ARCHITECT shall provide the City sufficient
documentation, including but not limited to meeting the requirements set
forth in Attachment D to this AGREEMENT, to reasonably substantiate the
invoices.
(2) The LANDSCAPE ARCHITECT will issue monthly invoices for all work
performed under this AGREEMENT. Invoices are due and a rab . hin
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30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to LANDSCAPE ARCHITECT for
billings contested in good faith within 60 days of the amount due, the
LANDSCAPE ARCHITECT may, after giving 7 days' written notice to CITY,
suspend services under this AGREEMENT until paid in full. In the event of
suspension of services, the LANDSCAPE ARCHITECT shall have no liability
to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Landscape Architect
Amendments to Article IV, if any, are included in Attachment C.
A. General
The LANDSCAPE ARCHITECT will serve as the CITY's professional
landscape architectural representative under this Agreement, providing
professional landscape architectural consultation and advice and furnishing
customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the LANDSCAPE ARCHITECT's services
will be the degree of skill and diligence normally employed in the State of
Texas by professional consultants performing the same or similar services at
the time such services are performed.
C. Subsurface Investigations
(1) The LANDSCAPE ARCHITECT shall advise the CITY with regard to
the necessity for subcontract work such as special surveys, tests, test
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borings, or other subsurface investigations in connection with design
and landscape architectural work to be performed hereunder. The
LANDSCAPE ARCHITECT shall also advise the CITY concerning the
results of same. Such surveys, tests, and investigations shall be
furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
LANDSCAPE ARCHITECT.
D. Preparation of Landscape Architectural Drawings
The LANDSCAPE ARCHITECT will provide to the CITY the original
drawings of all plans in ink on reproducible mylar sheets and electronic files
in .pdf format, or as otherwise approved by CITY, which shall become the
property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the LANDSCAPE ARCHITECT shall not be
liable for the 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 ARCHITECT's personnel at a
construction site, whether as on-site representatives or otherwise, do not
make the LANDSCAPE ARCHITECT or its personnel in any way
responsible for those duties that belong to the CITY and/or the CITY's
construction contractors or other entities, and do not relieve the construction
contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for coordinating
and completing all portions of the construction work in accordance with the
Contract Documents and any health or safety precautions required by such
construction work. The LANDSCAPE ARCHITECT and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
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Attachment A, the LANDSCAPE ARCHITECT or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a
manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the Contract
Documents or the agreement between CITY and LANDSCAPE
ARCHITECT be construed as requiring LANDSCAPE 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.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The LANDSCAPE ARCHITECT shall provide opinions of probable
costs based on the current available information at the time of
preparation, in accordance with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the LANDSCAPE
ARCHITECT has no control over cost or price of labor and materials;
unknown or latent conditions of existing equipment or structures that
may affect operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of performance by
third parties; quality, type, management, or direction of operating
personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore,
the LANDSCAPE ARCHITECT makes no warranty that the CITY's
actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the LANDSCAPE ARCHITECT 's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the LANDSCAPE ARCHITECT to the CITY for
periodic construction progress payments to the construction contractor will
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be based on the LANDSCAPE ARCHITECT 's knowledge, information, and
belief from selective sampling and observation that the work has progressed
to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the LANDSCAPE
ARCHITECT to ascertain that the construction contractor has completed the
work in exact accordance with the Contract Documents; that the final work
will be acceptable in all respects; that the LANDSCAPE ARCHITECT has
made an examination to ascertain 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 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, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The LANDSCAPE ARCHITECT is not
responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. LANDSCAPE ARCHITECT acknowledges the MBE and SBE
goals established for this contract and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
Landscape Architect may result in the termination of this Agreement and
debarment from participating in City contracts for a period of time of not less
than three (3)years.
J. Right to Audit
(1) LANDSCAPE ARCHITECT agrees that the CITY shall, until the expiration of
five (5) years after final payment under this contract, have access to and the
right to examine and photocopy any directly pertinent books, documents,
papers and records of the LANDSCAPE ARCHITECT involving transactions
relating to this contract. LANDSCAPE ARCHITECT agrees that the CITY
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shall have access during normal working hours to all necessary
LANDSCAPE ARCHITECT facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give LANDSCAPE ARCHITECT
reasonable advance notice of intended audits.
(2) LANDSCAPE ARCHITECT further agrees to include in all its subconsultant
agreements hereunder a provision to the effect that 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) LANDSCAPE ARCHITECT and subconsultant agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to
reimburse LANDSCAPE ARCHITECT for the cost of copies at 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 (CGL) and, if necessary,
commercial umbrella insurance with a limit of not less than
$1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If
such Commercial General Liability insurance contains a general
aggregate limit, it shall apply separately to this PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
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writing.
ii. LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery of
damages to the extent these damages are covered by the
commercial general liability or commercial umbrella liability
insurance maintained in accordance with this agreement.
b. Business Auto — the LANDSCAPE ARCHITECT shall maintain business
auto liability and, if necessary, commercial umbrella liability insurance
with a limit of not less than $1,000,000 each accident. Such insurance
shall cover liability arising out of "any auto", including owned, hired, and
non-owned autos, when said vehicle is used in the course of the
PROJECT. If the Landscape Architect owns no vehicles, coverage for
hired or non-owned is acceptable.
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, commercial umbrella liability insurance with a limit of not less
than $100,000.00 each accident for bodily injury by accident or
$100,000.00 each employee for bodily injury by disease, with
$500,000.00 policy limit.
i. LANDSCAPE ARCHITECT waives all rights against the CITY and
its agents, officers, directors and employees for recovery of
damages to the extent 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
$1,000,000.00 per claim and aggregate. The policy shall contain a
retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the
contract. An annual certificate of insurance specifically referencing this
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project shall be submitted to the CITY for each year following completion
of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the LANDSCAPE ARCHITECT
has obtained all required insurance shall be delivered to the CITY prior to
LANDSCAPE ARCHITECT proceeding with 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. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
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expense, to review the LANDSCAPE ARCHITECT's insurance policies
including endorsements thereto and, at the CITY's discretion; the
LANDSCAPE ARCHITECT may be required to provide proof of
insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made 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
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the LANDSCAPE ARCHITECT
shall be required by the LANDSCAPE ARCHITECT to maintain the same
or reasonably equivalent insurance coverage as required for the
LANDSCAPE ARCHITECT. When sub consultants/subcontractors
maintain insurance coverage, LANDSCAPE ARCHITECT shall provide
CITY with documentation thereof on a certificate of insurance.
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. Disclosure
The LANDSCAPE ARCHITECT acknowledges to the CITY that it has made
full disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interest, direct or indirect, in
property abutting the proposed PROJECT and business relationships with
abutting property cities. The LANDSCAPE ARCHITECT further
acknowledges that it will make disclosure in writing of any conflicts of
interest that develop subsequent to the signing of this contract and prior to
final payment under the contract.
N. Asbestos or Hazardous Substances
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(1) If asbestos or hazardous substances in any form are encountered or
suspected, the LANDSCAPE ARCHITECT will stop its own work in the
affected portions of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the LANDSCAPE ARCHITECT to assist in obtaining the services
of a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current Landscape Architectural practice
standards which the LANDSCAPE ARCHITECT should have been aware of
at the time this Agreement was executed, the LANDSCAPE ARCHITECT
shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in
the permitting authorities' published design criteria and/or practice standards
criteria which are published after the date of this Agreement which the
LANDSCAPE ARCHITECT could not have been reasonably aware of, the
LANDSCAPE ARCHITECT shall notify the CITY of such changes and an
adjustment in compensation will be made through an amendment to this
AGREEMENT.
P. Schedule
LANDSCAPE ARCHITECT shall manage the PROJECT in accordance with
the schedule developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
LANDSCAPE ARCHITECT may rely upon the accuracy, timeliness, and
completeness of the information provided by the CITY.
B. Access to Facilities and Property
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The CITY will make its facilities accessible to the LANDSCAPE ARCHITECT
as required for the LANDSCAPE ARCHITECT's performance of its services.
The CITY will perform, at no cost to the LANDSCAPE ARCHITECT, such
tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the LANDSCAPE
ARCHITECT's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the LANDSCAPE ARCHITECT 's services
or PROJECT construction.
D. Timely Review
The CITY will examine the LANDSCAPE ARCHITECT's studies, reports,
sketches, drawings, specifications, proposals, and other documents; obtain
advice of an attorney, insurance counselor, accountant, auditor, bond and
financial advisors, and other consultants as the CITY deems appropriate;
and render in writing decisions required by the CITY in a timely manner in
accordance with the project schedule prepared in accordance with
Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the LANDSCAPE ARCHITECT
whenever CITY observes or becomes aware of any development that
affects the scope or timing of the LANDSCAPE ARCHITECT'S services or
of any defect in the work of the LANDSCAPE ARCHITECT or construction
contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges LANDSCAPE ARCHITECT will perform part of the
work at CITY's facilities that may contain hazardous materials,
including asbestos containing materials, or conditions, and that
LANDSCAPE ARCHITECT had no prior role in the generation,
treatment, storage, or disposition of such materials. In consideration of
the associated risks that may give rise to claims by third parties or
employees of City, City hereby releases LANDSCAPE ARCHITECT
from any damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
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release or escape of hazardous substances, contaminants, or asbestos
is a result of LANDSCAPE ARCHITECT's negligence or if LANDSCAPE
ARCHITECT brings such hazardous substance, contaminant or
asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the LANDSCAPE ARCHITECT's Personnel at
Construction Site, and provisions providing contractor indemnification of the
CITY and the LANDSCAPE ARCHITECT for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the LANDSCAPE ARCHITECT, its
officers, employees, and subcontractors, for any claim
arising out of, in connection with, or resulting from the
Landscape Architectural services performed. Only the
CITY will be the beneficiary of any undertaking by the
LANDSCAPE ARCHITECT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the LANDSCAPE ARCHITECT and there are no third-party
beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights 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.
1. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
LANDSCAPE ARCHITECT a copy of the policy or documentation of such on
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a certificate of insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the LANDSCAPE
ARCHITECT for required or requested assistance to support, prepare,
document, bring, defend, or assist in litigation undertaken or defended by the
CITY. In the event CITY requests such services of the LANDSCAPE
ARCHITECT, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the LANDSCAPE
ARCHITECT's cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this
AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
LANDSCAPE ARCHITECT shall be authorized to proceed with this
AGREEMENT upon receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All 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 permission of the LANDSCAPE ARCHITECT will be at
the CITY's sole risk. The CITY shall own the final designs, drawings,
specifications and documents.
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C. Force Majeure
The LANDSCAPE ARCHITECT is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other
events beyond the control of the LANDSCAPE ARCHITECT that prevent
LANDSCAPE ARCHITECT'S performance of its obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the LANDSCAPE ARCHITECT for cause if either party fails
substantially to perform through no fault of the other and does not
commence correction of such nonperformance with in 5 days of written
notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
LANDSCAPE ARCHITECT will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of LANDSCAPE ARCHITECT'S work
product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
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 that 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 CITY'S approval will 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 LANDSCAPE
ARCHITECT 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 LANDSCAPE
ARCHITECT's personnel and subcontractors, and LANDSCAPE
ARCHITECT 's compensation will be made.
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F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
LANDSCAPE ARCHITECT shall indemnify, hold harmless, and defend
the CITY against liability for any damage caused by or resulting from
an act of negligence, intentional tort, intellectual property infringement,
or failure to pay a subcontractor or supplier committed by the
LANDSCAPE ARCHITECT or LANDSCAPE ARCHITECT's agent,
consultant under contract, or another entity over which the
LANDSCAPE ARCHITECT exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
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 CITY and the LANDSCAPE
ARCHITECT, and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
City of Fort Worth,Texas
Standard Agreement for Landscape Architect Related Design Services
PMO Official Release Date:1/28/2013
Page 15 of 17
LANDSCAPE ARCHITECT shall at all times observe and comply with all
federal and State laws and regulations and with all City ordinances and
regulations which in any way affect this AGREEMENT and the work
hereunder, and shall observe and comply with all orders, laws ordinances
and regulations which may exist or may be enacted later by governing
bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. LANDSCAPE
ARCHITECT agrees to defend, indemnify and hold harmless CITY and all of
its officers, agents and employees from and against all claims or liability
arising out of the violation of any such order, law, ordinance, or regulation,
whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Project Schedule
Attachment D - Location Map
Executed and effective this the 25th day of August, 2014.
BY: BY:
CITY OF FORT WORTH LANDSCAPE ARCHITECT
The Broussard Gro p, nc d.b.a.
TBG P ners
usan Alanis Jim Mans y
Assistant City Manager President
Date: $ Date: 8/25/14
3F-GR a MV
City of Fort Worth,Texas n{� P
Standard Agreement for Landscape Architect Related Design Services P`f o Mon RVU1g 7K
PMO Official Release Date:1/28/2013
Page 16 of 17 — - - - -
APPROVAL RECOMMENDED:
By:
Ri and Zavala
Director, Parks & Community Services
Department
APPROVED AS TO FORM AND M&C No.: C-26904
LEGALITY
M&C Date: 08/05/2014
By:
Douglas W. Black
Assistant City Attorney
ATTEST: Of 0000000
00 O °
O
ary J. K r
City Secretary �3►°° °°°°°�
S
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City of Fort Worth,Texas �'`�o ,tl� 9
Standard Agreement for Landscape Architect Related Design Services _
PMO Official Release Date:1/28/2013
Page 17 of 17
oil ATTACHMENT A
SCOPE OF SERVICES
The Broussard Group,Inc.dba TBG Partners(TBG)is pleased to submit this proposal for professional
design services for the Fort Worth park improvements to the City of Fort Worth Parks and Community
Services Department(Client).This document serves as a scope of services for Mallard Cove Park,
Shackleford Park,Lincolnshire Park,Creekside Park,and Quail Ridge Park located in Fort Worth,Texas.
TBG has prepared a scope of services for your project to be used in a team approach with multiple sub-
consultants,including JQ Infrastructure(survey,civil,and structural engineering),Alpha Testing
(geotechnical engineers)and LTS Design(irrigation design). Both JQ Infrastructure and LTS Design are
M/WBE certified.
SITES
The following project consists of five(5)existing parks in Fort Worth,Texas with a total construction
budget of$868,500. The deliverables within the scope will be compiled in a cohesive,all-inclusive
package and shall follow the adopted park master plan at each location. The scope of each park is
unique and will include the following:
A. Mallard Cove Park(Randol Mill Road/Trinity Court):This park includes a new playground and solar
security lighting. An 8'trail with a low water crossing(City standard detail)will be included in the
bid as an alternate line item pending funding.
B. Shackleford Park(Shackleford Street/Howard Street):This park includes a new playground,a new
shelter,a 6'trail connection to existing trails,and security lighting.
C. Lincolnshire Park(Eastview Street/Horncastle Street):This park includes a new playground,
evaluation of existing shelter which may require repair or replacement,installation of a new 6'trail
system(approximately 2,600 linear feet),security lighting,and a practice soccer field with a backstop
for multi-use activities.
D. Creekside Park(Roddy Drive/Cloverglen Lane):This park includes a new playground,renovated
shelter(existing),new trash receptacles,and a new backstop. TBG will evaluate ADA compliance at
existing trails. Improvements for accessibility will be included in the bid as an alternate.
E. Quail Ridge Park(Dutch Branch Road/Harris Parkway): This park includes a new playground,new low
water crossing(City standard detail),and a new 6'trail to the playground.
This proposal assumes preparation of one(1)set of documents for the total aforementioned scope area.
Any consideration for multiple sets of bid/construction documents to respond to phasing requirements
will require consideration of Additional Services.
SITE DEVELOPMENT
As the prime consultant,TBG will coordinate and manage the project in the following ways:
A. Attend two(2)stakeholder meetings with City representative to present schematic/concept plan and
final improvement documents. Any additional meetings will require additional services.
B. Perform comprehensive site analysis with the team
C. Coordinate survey(JQ Infrastructure)and geotechnical(Alpha Testing)
ATTACHMENT A
D. Manage the project and direct the consulting team during the design phase
E. Communicate regularly with the City as needed
F. Attend meetings with City representatives to review the Schematic Design, Design Development,
and the Construction Documents at 30%,60%,and 95%design review meetings.
BASIC SCOPE OF SERVICES
TBG and the consultant team propose to complete the above referenced Basic Scope of Services in tasks
as detailed below.
GEOTECHNICAL
Alpha Testing will provide the following geotechnical information as a part of this scope:
A. Subsurface soil,rock,and groundwater conditions on the site to depths that would be significantly
affected by foundations
B. Engineering characterization of the subsurface materials encountered
C. Recommendations for structural engineering on typical foundations suitable for support of the shade
structures and low water crossing
D. Data required for design of typical foundation systems for the project
E. Recommendations regarding earthwork,including grading and excavation,backfilling and
compaction,the treatment of in-place soils for the support of foundations,pavement and possible
construction problems reasonably to be expected.
STRUCTURAL,CIVIL,AND SURVEY
JO Infrastructure will provide structural GW7 and survey services. Below is a list of assumptions for this
scope:
A. The new trail alignment at all park locations will be staked/flagged by TBG and the Owner prior to
use performing topographic survey.
B. Otherwise,aerial photos will be used as base data to show overall site plans.
C. Existing utility location and coordination with the City.
D. Design and documentation will follow Federal,State and Local Codes and Guidelines(including
iSWM). The City will coordinate submitting and permitting to the above-mentioned entities as
needed.
E. The Survey scope does not include boundary/easement verification.
TASK ONE: SCHEMATIC DESIGN(30%)
A. Description of Services
The Schematic Design phase will consist of the following tasks:
1. Preparation of schematic plans,sections,and outline specifications for planned improvements.
ATTACHMENT A
oil
2. Provide an estimate of probable construction costs for park improvements and address questions
regarding cost data.
3. Hold one(1)meeting with City representatives and stakeholders to present the schematic design
and to obtain schematic design comments.
4. Finalize the schematic design package to reflect changes and comments determined by
consensus at a meeting with City representatives.
B. Deliverables
1. TBG will develop drawings,plans,sections,illustrations and other information to describe the
nature,quality and scope of the site elements of the project.
2. TBG will furnish electronic copies of schematic design drawings to the Client at the completion
of schematic design.
3. TBG will provide an estimate of probable costs for approval prior to moving into Design
Development.
TASK TWO: DESIGN DEVELOPMENT(60%)
A. Description of Services
The Design Development phase will consist of the following tasks:
1. Preparation of design development plans and specifications for park improvements and all
permanent erosion controls necessary.
2. Coordinate with contractor to provide an estimate of probable cost based upon the design
development plans.
3. Design development plans and specifications should consider completed survey, any hydrologic
analysis(if needed),site utilities and structural design(including geotechnical investigation).
4. Hold one (1)meeting with City representatives to present the design development package and
to obtain design development comments.
5. Finalize the design development package to reflect changes and comments determined by
consensus at a meeting with City representatives.
B. Deliverables
1. TBG will develop drawings (plans, sections, details), catalog cuts, material samples, colors,
textures and other information to describe the nature,quality and scope of the work.
2. TBG will furnish electronic copies of drawings and specifications to the Client at the completion
of the DD task.
3. TBG will coordinate with the contractor to provide an updated cost estimate.
TASK THREE: CONSTRUCTION DOCUMENTS(95%)
A. Description of Services
The construction document phase will consist of the following tasks:
1. Preparation of final construction plans and specifications for the park improvements and any
permanent erosion controls necessary
ATTACHMENT A
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2. Coordinate with the contractor to develop an estimate of probable costs based upon the
completed construction documents
3. Provide final specifications and details on playground improvements,shelter improvements,trail
improvements,security lighting,park amenities and erosion control measures
4. Hold one(1)meeting with City representatives to present the completed construction documents
5. Finalize the construction documents to reflect the changes and comments determined by
consensus at a meeting with City representatives and submit for TAS/ADA compliance review
and inspection
6. Submit final construction documents,in reproducible mylar format,to the City
7. Submit an electronic copy of complete construction document sheet files to the City in AutoCAD
2008 and PDF format
8. Upon final City approval of plan documents,TBG shall be responsible for posting plans and
specifications to the City's Buzzsaw site for construction advertisement purposes. All
advertisement and construction correspondence should be completed digitally through the
Buzzsaw system.(i.e.amendments,plan clarifications,submittal approvals,etc.)
B. Deliverables
TBG will provide a complete 22"x 34"set of original,reproducible construction documents and
specifications in a form suitable for competitive bids,for one(1)phase of construction only. Multiple
phase packages will require consideration of Additional Services.
TASK FOUR: BIDDING PROCESS
Description of Services
TBG will provide the following bidding services,specifically:
A. Attend pre-bid meeting
B. Obtain bid proposals from the City and prepare a bid tabulation sheet reflecting line item
descriptions,quantities,unit prices,and totals
C. Provide bid tabulations to the City for bid award assessment.
TASK FIVE: CONSTRUCTION
Description of Services
TBG will provide the following construction services,specifically:
A. Attend pre-construction meeting
B. Review submittals of equipment/material used
C. Site observation visits to assess work progress:two(2)per site at 40%and 70%completion.
Notification shall be provided by the City.
D. Attend final inspection and assist in development of punch list items.
ATTACHMENT A
ATTACHMENT B
The Broussard Group,Inc.TASKIHOUR BREAKDOWN
Design Services for 5 Park Sites(Quail Ridge,Creekside,Lincolnshire,Shackleford&Mallard Cove)
Fort Worth Parks Improvements
City Project No.02322,02323,02324,02325&02326
�., ours', Ex ense
Task Description Project Project Proj Total Labor Subconsullant Total Expense Task Sub Total
Task No. CADD Administrative Cost Travel Reproduction Cost
Director Mana er En iRate $150 $100 $40 530 MWBE Non-MWBE
160 Project Management 22 36 0 0 0 0 $6,900 $0 $0 SO $0 SO $6900
1.1 Managing the Team
1. Inlemet Team Meetings 4 4 $1000 $O $1 000
1. QAtQC 4 a $1000 $0 $1000
1.2 Communications and Relporting
1. Pre-Design Coordination Meeting 2 4 $700 $0 $700
[monthly,bi-monthly,monthly]Project
1. Update Meetings 2 4 $700 $0 $700
1. Design Submittal Review Meetings 2 4 $700 $O $700
1. Prepare Baseline Schedule 2 4 $700 $0 $700
Prepare Monthty Progress Reports with
1. Schedule 2 4 $700 $0 $700
1. Prepare Monthly MBE/SBE Reports 2 4 $700 $0 $700
1. Invoicing 2 4 $700 $0 $700
2.0 Conceptual Design 30-Percent 2 2 80 63 0 16 $10360 $3500 $2400 $0 $0 $5900 $16260
2.1 Data Collection 16 7 0 4 $1660 $3500 $2400 $5900 $7,560
Drainage Computations and Drainage Area
242 Map 16 8 0 4 $1720 $0 $1720
2.3 Subsurface Utility Engineering $0 $0 $0
2.4 Design Drawings 40 40 0 4 $5320 $0
$5320
2.5 Project Decision L $0 $0
2.6 Construction Estimate 8 8 0 4 $1 160 $O $1 1660 0
10 Preliminary Design 60 Percent 10 10 120 120 0 0 $18,100 $3,500 $2,400 $0 $0 V6,900 $24,000
3.1 Preliminary Design Drawings 2 2 80 80 $10900 $3000 $3000 $13900
Geotechnical I nvestigation/Pavement
3.2 Design $0 $2 400 $2 400 $2,400
$0 $0
3.3 Constructabili 00 Review 8 8 $2000 $5 $5 Y25
3.4 Public Meeting 0 $0 $0 $0
3.5 Utity Clearance $0 $0 $0
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3.6 Traffic Control Plan S0 SO $0
3.7 Project Decision Log $0 $0 $0
3.8 Construction Estimate 40 40 $5200 $0 $5200
4.0 Final Design 30 30 200 220 0 0 $34.70011 $3500 $0 $0 $0 $3500 $38200
Final Draft(90%)Construction Plans and
441 Specifications 16 16 160 160 $24.8 $1,500 $1 500 Y26 300
42 Final 100% Plans andSpecifications 8 8 32 40 $6640 $2000 $2,000 $8640
443 Project Decision Logs 90%and 100% 2 2 4 16 $1.74 $0 $1,740
4.4 Construction Estimates 90%and 100% 4 4 4 4 $1,52 $0 $1,520
5.0 Bid Phase 8 36 0 0 0 0 $4800 So $0 $0 $O $0 $4800
5.1 Bid Support 8
Sell Contract Documents and Maintain
5., Plan Holders List 4 $400 $0 $400
5. Issue Addenda 4 $400 $0 $400
5.a Attend Pre-bid Conference 4 $400 $0 $400
5. Attend Bid Opening 4 $400 $0 $400
5. Tabulate Bids and Recommend Award 16 $1,600 $0 $1,600
5., Issue Conformed Contract Documents 4 $400 $0 $400
6.0 Construction Phase Services 8 52 0 0 0 0 $6400 $0 $0 $o $0 $0 36400
6.1 Construction Support 8
6. Attend Preconslruction Conference 4 $0
$400 $0 Y4
6. Attend Public Meeting 0 $0 $0 SO
6. Project Site Visits 16 $1,600 $0 $1.6m
6. Submittal Review 4 $400 $0 $400
Request for Information/Change Order
6. Review 8 $600 $0 $800
6., Final Walk Through and Punch List 20 $2,000 $0 $2 000
6.2 Record Drawings $0 $0 $0
7.0 ROWIEasement Services 0 0 0 0 0 0 $O $O $O $O $0 $ $0
0
$0 $O
7.1 Right-of-Way Research $0
Right-of-Way/Easement Preparation and
7.2 Submittal $0 $0 $0
7.3 Temporary Right of Entry Submittal $0 $O $0
8.0 Surve 0 0 0 0 0 0 $0 $19000 $0 $0 $0 $190$0 5790$0
8.1 Design Survey $0 $0
$0
8.2 Tem ora Right of Entry Submittal SO $0 SO
83 Construction SurveySO $19000 $19000 $19000
9.0 Permitting 0 0 0 MA0. 0 $0 SO SO $0 $0 $0 $0
9.1 SWPPP $0 $0 $0
9.2 Environmental Services $0 EO $0
903 Flood lain Services $0 $0 $0
9.4 TxDOT $0 $0 $0
9.5 Railroad S0 $0 $0
9.6 TDLR
$O $0 $O
9.7 City of Fort Worth Parks Conversion $0 $0 SO
Totals 80 166 400 16 $81,260 $29,500 $4,8001 $0 $0 $34,300 $115,560
Project Summa
Total Hours 1 065
Total Labor
$81.260
Total Ex ense $34300
MBE/SBE Subconsullant $29500
Non-MBE/SBE Subconsullant $4800
MBE/SBE Participation 25.5%
Total Project Cost $115,560
City of Fort Worth,Texas
Attachment B-Level of Effort Supplement
PMO Official Release Dale:8.09.2012
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ATTACHMENT C
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PROJECT SCHEDULE
Notice to Proceed September 12,2014
30% Design Plans September 15,2014 to November 7,2014 /
60% Plans&Review November 10,2014 to December 26,2014
90% Plans&Review December 29,2014 to February 6,2015
100% Review&Revisions February 9,2015 to February 15,2015
Start Advertisement February 26,2015
Bid Opening March 27,2015
Pre-Construction June 9,2015 to July 15,2015
Construction Start July 28,2015
Construction Completion January 15,2015
ATTACHMENT C
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ATTACHMENT D
Lincolnshire Park
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2014
DATE: Tuesday,August 05,2014 REFERENCE NO.: **C-26904
LOG NAME: 80FIVE—PARKS—IMP—TBG—PARTNERS—AGR.
SUBJECT:
Authorize Execution of an Engineering Agreement with The Broussard Group,Inc. d/b/a TBG Partners,in the
Amount of$115,560.00 for the Design and Engineering of Park Improvements in Mallard Cove Park, Quail
Ridge Park, Creekside Park,Shackleford Park and Lincolnshire Park(COUNCIL DISTRICTS 5,6 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with The
Broussard Group,Inc. d/b/a TBG Partners,in the amount of$115,560.00 for the design and engineering of
park improvements at Mallard Cove Park,Quail Ridge Park,Creekside Park, Shackleford Park and
Lincolnshire Park.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to provide authorization for the execution
of an Engineering Agreement with The Broussard Group,Inc. d/b/a TBG Partners (Consultant),in the
amount of$115,560.00 to Master Plan,design and prepare construction documents for the park
improvements in Mallard Cove Park(Council District 5),Quail Ridge Park(Council District 6), Creekside
Park(Council District 6),Shackleford Park(Council District 8)and Lincolnshire Park(Council District 8).
Staff considers this fee to be fair and reasonable for the scope of services proposed.
The Consultant will prepare construction documents for improvements at each site as follows:
•Mallard Cove Park improvements include a playground,security lighting and multi—use trail;
•Quail Ridge Park improvements include the replacement of existing playground and a trail
connection with low water crossing connection;
• Creekside Park improvements include the replacement of the existing playground,renovations to the
existing group shelter and a new backstop;
• Shackleford Park improvements include a new playground, group shelter and multi—use trail; and
•Lincolnshire Park improvements include the replacement of the existing playground,replacement of
the existing shelter and a multi—use trail system with low water crossings.
Funding for design and construction of each park site is identified in the table below:
Parks Mallard Quail Ridge Creekside Shackleford Lincolnshire Total
Cove Park Park Park Park Park
2014CIP $145,200.00 $145,200.00 $145,200.00 $145,200.00 $145,200.00 $726,000.00
2000
Certificates
Of $0.00 $0.00 $0.00 $60,908.00 $79,464.00 $140,372.00
Obligation
Gas
Mitigation $58,480.22 $0.00 $0.00 $0.00 $0.00 $58,480.22
Fees
PACS FY
2012 Gas $0.00 $55,700.40 $0.00 $0.00 $0.00 $55,700.40
Plan
PACS FY
2013 Gas $0.00 $0.00 $ 57,230.51 $0.00 $0.00 $57,230.51
Plan
PACS FY
2014 Gas $0.00 $0.00 $0.00 $0.00 $43,500.26 $43,500.26
Plan
Total 1$203,680.221$200,900.40$202,430.51 $206,108.001$268,164.26$1,081,283.39
On May 1, 2012, (M&C G-17586)the City Council authorized the appropriation of$55,700.40 of Gas Lease
Bonus funds to Quail Ridge Park,in conjunction with the Park and Community Services Department
(PACSD)Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan.
On January 15, 2013, (M&C G-17788)the City Council adopted an appropriations ordinance increasing
estimated receipts and appropriations in the Park Gas Lease Projects Fund in the amount of$160,000.00 for
improvements to Mallard Cove Park.In 2011, a PACSD small capital project crew constructed the first phase
improvements at Mallard Cove Park.The remaining funding balance is$58,480.22.
On February 19,2013, (M&C G-17817)the City Council authorized the appropriation of$57,230.51 of Gas
Lease Bonus to Creekside Park,in conjunction with the PACSD Fiscal Year 2013 Gas Related Revenue
Project Expenditure Plan.
Funding was allocated for Lincolnshire Park in the amount of$79,464.00 and Shackleford Park in the
amount of$60,908.00 by the PACSD using 2000 Certificates of Obligation allocated for park improvements.
On March 4,2014, (M&C G-18135)the City Council authorized the appropriation of$43,500.26 of Gas
Lease Bonus to Lincolnshire Park,in conjunction with the PACSD Fiscal Year 2014 Gas Related Revenue
Project Expenditure Plan.
The 2014 Capital Improvement Bond Program Proposition Two:Parks,Recreation and Community Center
Improvements allocated the amount of$2,600,000.00 for playgrounds, of which$145,200.00 each was
designated for Mallard Cove Park,Quail Ridge Park, Creekside Park, Shackleford Park and Lincolnshire
Park for a total amount of$726,000.00.
M/WBE Office−The Broussard Group,Inc. d/b/a TBG Partners,is in compliance with the City's
BDE Ordinance by committing to 26 percent SBE participation on this project. The City's SBE goal on this
project is 16 percent.
The Parks are located in COUNCIL DISTRICTS 5, 6 and 8,Mapsco 66G, 88Y, 104J, 92C and 104R.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Park Gas Lease Project Fund and the Park and Community Services Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C282 531200 805490232630 $22.300.00
C282 531200 806490232230 $23.100.00
C282 531200 806490232330 $18.455.00
C182 531200 080182046210 $21,955.00
C182 531200 080182046200 $29.750.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Carlos Gonzalez (5734)
ATTACHMENTS
1. C282 Availble Funds.docx
2. CREEKSIDE PARK Consultant FAR.pdf
3. LINCOLNSHIRE PARK Consultant FAR.pdf
4.MALLARD COVE PARK Consultant FAR.pdf
5.QUAIL RIDGE PARK Consultant FAR.pdf
6. RE MC 80FIVE PARKS IMP TBG PARTNERS AGRmsg
7. SHACKLEFORD PARK Consultant FAR.pdf
8. TBG—Contract Compliance Memorandum.pdf