Ordinance No. 8,81620000127 -5
ORDINANCE NO. 8816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN AGREEMENT WITH DUKE LANDSCAPE ARCHITECTURE AND
PLANNING FOR PLANNING AND LANDSCAPE ARCHITECTURAL
CONSULTING SERVICES FOR THE DEVELOPMENT OF LINCOLN CEDARS
PARK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF TWELVE THOUSAND ONE HUNDRED TWENTY -FIVE AND
NO /100 DOLLARS ($12,125.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and the City Clerk of the City of Baytown to execute and attest to an agreement
with Duke Landscape Architecture and Planning for planning and landscape architectural consulting
services for the development of Lincoln Cedars Park. A copy of said agreement is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Duke
Landscape Architecture and Planning in the amount of TWELVE THOUSAND ONE HUNDRED
TWENTY -FIVE AND NO /100 DOLLARS ($12,125.00) to be funded through Community Development
Block Grant project funds.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less,
provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five
percent (25 %).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 27`x' day of January, 2000.
d& C ee�
PETE C. ALFAR , Mayor
ATTEST:
E ME EN P. F iA LL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., & ttorney
c: klh226 \citycounci l\ Ordinances \DukeLandscapeAgreementOrd012700
AGREEMENT FOR LANDSCAPE ARCHITECTURE
AND PLANNING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is executed to be effective on the day of ,
2000, by and between CITY OF BAYTOWN ( "Client "), a municipal corporation, and BOB
DUKE doing business as DUKE LANDSCAPE ARCHITECTURE AND PLANNING
( "Duke ").
WHEREAS, Duke has made a Proposal ( "Proposal ") for Landscape Architectural Design
and Estimating Services for Client's Lincoln Cedars Park, a true and correct copy of which is
attached hereto as Exhibit "B" and incorporated herein by reference for all purposes; and
WHEREAS, Client has accepted such Proposal, subject to the modifications contained
herein; and
WHEREAS, Client and Duke desire to enter into this Agreement under the terms and
conditions contained herein;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants,
promises and agreements hereinafter made and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged and confessed, and upon the terms
and conditions stated below, covenant and agree as follows:
SERVICES:
1. Duke shall provide services to Client pursuant to the Proposal. Client shall provide
specifications to Duke pursuant to the Proposal.
PAYMENT:
2. Client shall pay Duke for services and costs in accordance with the Proposal. Duke shall
submit invoices to Client on a periodic basis, but no more frequently than once a month,
for services and costs. Client shall pay each invoice within thirty (30) days of the date of
such invoice or receipt of services, whichever is later.
INDEMNIFICATION:
3.
DUKE AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND CLIENT, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER, WHETHER SINGULAR OR
PLURAL, COLLECTIVELY REFERRED TO IN THIS
PARAGRAPH ONLY AS "CLIENT") FROM AND AGAINST ANY
L4,' '- 1'
Agreement for Landscape Architecture and Planning Services, Page 1
El
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL
EXPENSES OF LITIGATION, COURT COSTS, AND
ATTORNEY'S FEES, FOR PERSONAL INJURY TO OR DEATH
OF DUKE OR DUDE'S EMPLOYEES (HEREINAFTER,
WHETHER SINGULAR OR PLURAL, COLLECTIVELY
REFERRED TO IN THIS PARAGRAPH ONLY AS "DUKE"). IN
THE EVENT OF PERSONAL INJURY TO OR DEATH OF DUKE,
SUCH INDEMNITY SHALL APPLY (I) TO THE FULLEST
EXTENT ALLOWED BY LAW AND (II) TO THE EXTENT
ALLOWED REGARDLESS OF WHETHER THE CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR
LIABILITY ARISE (I) IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF CLIENT OR (II) IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF DUKE. IT IS THE EXPRESSED
INTENTION OF THE PARTIES HERETO, BOTH DUKE AND
CLIENT, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY DUKE TO INDEMNIFY AND
PROTECT CLIENT FROM THE CONSEQUENCES OF (I)
CLIENT'S OWN NEGLIGENCE TO THE EXTENT ALLOWED
BY LAW, WHERE THAT NEGLIGENCE IS A SOLE OR
CONCURRING CAUSE OF THE RESULTING INJURY OR
DEATH OF DUKE AND /OR (II) DUKE'S JOINT AND /OR SOLE
NEGLIGENCE. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF ANY PERSON
OTHER THAN DUKE. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE - REFERENCED PERSONAL INJURY
TO OR DEATH OF DUKE, DUKE FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY AND DUKE.
The indemnity provided hereinabove shall survive the termination or expiration of this
Agreement.
INSURANCE:
4. Duke agrees to maintain at all times during the term of this Agreement and to provide
Client's minimum insurance requirements, which are attached hereto as Exhibit "A" and
incorporated herein by reference for all purposes.
Agreement for Landscape Architecture and Planning Services, Page 2
C7
TERM:
5. The initial term of this Agreement shall commence on the effective date hereof and shall
continue until the services pursuant to the Proposal shall have been completed unless
terminated sooner as provided in section 6 hereof.
TERMINATION:
6. Client may terminate this Agreement for cause or for convenience. Client may terminate
this Agreement for cause if within thirty (30) days after Client gives written notice to
Duke specifying a failure to perform or observe any of the terms and conditions of this
Agreement required to be performed or observed, Duke shall not have corrected such
failure, including, but not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state or federal government, including
but not limited to, any taxes, fees, assessments liens or any payments identified in
this Agreement;
(c) failing to perform Duke's obligations under this Agreement to the reasonable
satisfaction of Client; and/or
(d) any violation of this Agreement.
Should Client terminate this Agreement for cause or convenience, Client must give notice
of such determination thirty (30) days prior to the effective termination date. If the
specified failure to perform or otherwise comply with this Agreement is cured by Duke
within such 30 -day period, this Agreement shall not terminate if the agreement was to be
terminated for cause.
Duke may terminate this Agreement for cause if within thirty (30) days after Duke gives
written notice to Client specifying failure to perform or observe any of the terms and
conditions of this Agreement required to be performed or observed, Client shall not have
corrected such failure.
Upon (i) the termination of this Agreement, (ii) Duke's tendering reproducible copies of
all working documents for which payment has been made by Client and (iii) Client's
payment to Duke for all services rendered and costs incurred through the date of the
termination pursuant to the terms hereof, each parry hereto shall be relieved of that
parry's obligations herein stated, except that the indemnity provision contained in Section
3 hereof shall survive such termination.
NOTICE:
7. All notices required to be given hereunder shall be given in writing by telecopier,
overnight or facsimile transmission, certified or registered mail or by hand delivery at the
respective addresses of the parties hereto set forth herein or at such address as may be
designated in writing by either party hereto. Notice given by mail shall be deemed given
three days after the date of mailing thereof to the following addresses:
Agreement for Landscape Architecture and Planning Services, Page 3
DUKE
Duke Landscape_ Architecture and Planning
1815 Avenue K
Galveston, TX 77550 -4920
Fax: (888) 276 -7607
CLIENT
City of Baytown
Attention: City Manager
P.O. Box 424
Baytown, TX 77522
Fax: (281) 420 -6586
NO RIGHT TO ARBITRATION:
8. Notwithstanding anything to the contrary contained in this Agreement, Client and Duke
hereby agree that no claim or dispute between Client and Duke arising out of or relating
to this Agreement shall be decided by any arbitration proceeding, including, without
limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1 — 14) or
any applicable state arbitration statute, including, but not limited to, the Texas General
Arbitration Act; provided that in the event Client is subjected to an arbitration proceeding
notwithstanding this provision, Duke consents to be joined in the arbitration proceeding if
Duke's presence is required or requested by Client for complete relief to be afforded in
the arbitration proceeding.
NONWAIVER:
9. Failure of either party hereto to insist on the strict performance of any of the agreements
contained herein or to exercise any rights or remedies accruing hereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to
- enforce by an appropriate remedy, strict compliance with any other obligation hereunder
to exercise any right or remedy occurring as a result of any ,future default or failure of
performance.
INDEPENDENT CONTRACTOR:
10. It is expressly agreed and understood by all parties thereto that Duke is an independent
contractor in relation to Client. Nothing herein contained shall be construed to effect an
agreement of partnership or joint venture or render any party hereto the employer of any
other party or its employees, agents or representatives.
COMPLIANCE WITH APPLICABLE LAWS:
11. Duke agrees that in the performance of its undertakings and obligations under this
Agreement, Duke will strictly observe and abide by all rules, regulations and laws of the
United State of America, the State of Texas and the City of Baytown, as they now exist
or may hereinafter be enacted or amended. Client agrees that in the performance of its
undertakings and obligations under this Agreement, Client will strictly observe and abide
Agreement for Landscape Architecture and Planning Services, Page 4
by all rules, regulations and laws of the United States of America, the State of Texas and
the City of Baytown, as they now exist or may hereinafter be enacted or amended.
TIME OF THE ESSENCE:
12. Both Duke and Client acknowledge that time is of the essence in this Agreement.
CHOICE OF LAW AND VENUE:
13. This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and Client, regardless of the place of its
execution or performance. The place of making and the place of performance for all
purposes shall be Baytown, Harris County, Texas.
SALE OF INTEREST:
14. Duke my not sell or assign all or part of his interest in this Agreement to another party or
parties without client's prior express written approval, by and through Client's City
Manager, of such sale or assignment. Client may require any records or financial
statements necessary in its opinion to ensure such sale or assignment will be in the best
interest of Client. Client may not sell or assign all or part of its interest in this Agreement
to another party or parties without Duke's prior express written approval of such sale or
assignment.
SEVERABILITY:
15. All parties hereto agree that should any provision of this Agreement be determined to be
invalid or unenforceable, such determination shall not affect any other term of this
Agreement, which shall continue in full force and effect as if such invalid or
unenforceable provision had never been contained in it.
NO THIRD PARTY BENEFICIARIES:
16. This Agreement shall not bestow any rights upon any third party but rather, shall bind
and inure to the benefit of Duke and Client only.
CONTROLLING DOCUMENT:
17. This Agreement along with Exhibit "A," which is attached hereto, shall supersede and
control over the terms and conditions contained in the Proposal and all exhibits and tables
attached thereto and incorporated therein to the extent that there is conflict.
AMBIGUITIES:
18. In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
ENTIRE AGREEMENT:
19. This Agreement, together with exhibits "A" and B" attached hereto, represents the entire
agreement of the parties hereto and may only be amended or supplemented by mutual
agreement of both parties hereto set forth in writing and signed and delivered by duly-
authorized agents of both the parties hereto.
Agreement for Landscape Architecture and Planning Services, Page 5
AUTHORITY:
20. Each officer executing this Agreement on behalf of the parties hereto hereby confirms
that such officer has fully authority to execute this Agreement and to bind the party he or
she represents.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto to be
effective as of the date and year first above written.
DUKE LANDSCAPE ARCHITECTURE
AND PLANNING
By:
BOB DUKE, doing business as
DUKE LANDSCAPE
ARCHITECTURE AND
PLANNING
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
City of Baytown
MONTE MERCER, City Manager
City of Baytown
STATE OF TEXAS §
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the day of `- , 2000,
by BOB DUKE, doing business as DUKE LANDSCAPE ARCHITECTURE AND PLANNING.
�111111111Jll lrlll././ll.�,/,.1�
l
Yp,� RHONDA MULSOW j
Sn i NOTARY PUBLIC, STATE OF TEXAS 1
MY COMMISSION EXPIRES 1
``ttll F00 MARCH 16, 2004 Notary Public in and for State of Texas
O�lllll!!1llllllllllllllll�
c: kl h220 \Parks& Recreation\ DukeLandscaping \RevisedContract012000C1 can
Agreement for Landscape Architecture and Planning Services, Page 6
EXHIBIT "A"
MINIMUM INSURANCE REQUIREMENTS
Throughout the term of the Agreement ( "Agreement ") by and between CITY OF
BAYTOWN ( "Client "), a municipal corporation, and BOB DUKE doing business as DUKE'S
LANDSCAPE ARCHITECTURE AND PLANNING ( "Duke "), Duke, at his own expense, shall
purchase, maintain and keep in force and effect insurance against claims for injuries to or death
of persons or damages to property which may arise out of or result from Duke's operations
and /or performance of the work under the Agreement, whether such operations and/or
performance be by Duke, his agents, representatives, volunteers, employees or subcontractors or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of
them may be liable; provided, however, that Duke will not be required to provide insurance
hereunder with respect to his use of a CAD technician, unless the CAD technician is providing
services on property owned or controlled by the City of Baytown.
Duke's insurance coverage shall be primary insurance with respect to Client and its
officers, agents, and employees. Any insurance or self - insurance maintained by Client or any of
its agents, officers, or employees shall be considered in excess of Duke's insurance and shall not
contribute to it. Further, Duke shall include all subcontractors as additional insureds under his
commercial general liability policies or shall furnish separate certificates or endorsements for
each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in the Agreement:
Commercial General Liability (CGL)
General Aggregate: $1,000,000
Products & Completed Operations: $1,000,000
Personal & Advertising Injury: $1,000,000
Per Occurrence: $500,000
a. Coverage shall be at least as broad as ISO CG 00 01 10 93
b. No coverage shall be excluded from standard policy without notification of
individual exclusions being attached for review and acceptance.
Automobile Liability Policy
Combined Single Limits: $500,000
OR
BI Per Person: $100,000,
BI Per Accident: $300,000, and
PD Per Accident: $100,000.
a. Coverage for "Any Auto."
Exhibit "A"
Page 1 of 2
Workers' Compensation:
Statutory amounts required by Texas law.
Employers' Liability of $500,000.
a. Waiver of subrogation required.
b. Should Duke have no employees, Duke shall sign an affidavit to such effect and
shall indemnify, protect, and defend the Client from any claim arising from a
person claiming to be an employee of Duke. The affidavit shall be same as that
which is attached hereto as Exhibit "C" and incorporated herein for all intents and
purposes.
Upon execution of the Agreement, Duke shall file with Client valid certificates of insurance and
endorsements acceptable to Client. Such certificates shall contain a provision that coverage
afforded under the policies will not be cancelled, suspended, voided, or reduced until at least
thirty (30) days' prior written notice has been given to Client via certified mail, return receipt
requested.
Duke shall also file with Client valid certificates of insurance covering all subcontractors.
The following are general requirements applicable to all policies:
a. AM Best Rating of ANII or better.
b. Only insurance carriers licensed and admitted to do business in State of Texas
will be accepted.
C. Liability policies will be on occurrence form.
d. Client and its officials and employees are to be added as additional insured to
general liability policy.
e. Upon reasonable request of and without cost to Client, certified copies of all
insurance policies and/or certificates of insurance shall be furnished to Client's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to Client's representative prior to execution of the Agreement.
f. Upon reasonable request of and without cost to Client, loss runs of any and all
insurance coverage shall be furnished to Client's representative.
c: kih220 \Parks& Recreation \Duke \ExhibitAMukeAgreement
Exhibit "A"
Page 2 of 2
DUKE
Landscape Architecture and Planning
PROPOSAL
for
Landscape Architectural Design & Estimating Services
for Baytown Parks and Recreation Department's
Lincoln Cedars Park
s Rev><sed Preposal Prepared for Submiss><ori` on January 14, 2440,
The Proposed Work consists of three (3) separate components, enumerated and summarized in column A. on
the following page. The work is to be performed by DUKE Landscape Architecture and Planning (referred to
elsewhere in the proposal as DUKE) for the City of Baytown Parks and Recreation Department (referred to
elsewhere in the proposal as Client). The proposed fee for each component is shown in column B. Any one (1)
or all components may be selected. In column C., please place a check mark beside the item(s) accepted, initial
at that point and place that figure in column D. Total up all figures in Column D. in the space at the bottom of
the column.
Costs Associated with Professional Services: The cost shown is a "not -to- exceed" figure or the maximum cost
to be billed for the items or phases of work listed. If the costs for producing the work shown in each component
are less than the projected costs, the Client will only be billed for the amount of work performed.
Additional Work beyond the contract amounts shown on the following page that are requested by the Client or
recommended by DUKE will be agreed to by the Client and DUKE prior to initiation of the work. Rates for
Additional Work and related expenses are shown below.
...................................................................................................................................................................................................... ...............................
Hourly Rate for Landscape Architect / Principle $ 65.00
................................................................................................................................................................................................... ...............................
Hourly Rate for Civil Engineer $ 100.00
..................... ....... ......................................................................................................................................................... ...............................
Hour/ Rate for CADD (computer aided design & draftin Technician $ 35.00
Y ( p 9 9)
..................................................................................................................................................................................................... ...............................
Mileage (per mile cost) $ 0.30
..................................................................................................................................................................................................... ...............................
Long distance phone calls (per minute cost) $ 0.15
..................................................................................................................................................................................................... ...............................
Meals and other expenses such as materials and copies will be billed at the actual cost plus a 5% Cost + 5%
transaction fee
Billing for Services Provided will take place following the completion of each phase of the work except for
Phase 2.-- Preliminary Design and Estimates. For this phase, Client will be billed following (B) meeting with
staff members in Galveston to review alternatives and select final alternative.
Exhibit No.. _ B
Page 1—
Proposal Acceptance Form . Page 1
D lU K ]E Landscape Architecture + Planning
1815 Avenue K - Galveston, Texas 775504920 - 409/762 -5193 - 888/276 -7607 (toll free fax & voice) - dukelausa@netscape.net
Bob Duke, A.S.L.A., Texas Registered Landscape Architect #679 - Member, American Society of Landscape Architects
............................................................................................... ...............................
A.
............................................................................................. ....... ........................
Proposal Components
............................................................................................. ...............................
B. C. D.
............ p .................................. ........................... p..............................................
j
Cost per Item of Check & Sub-Total (write figure
Work Initial if from column B. in this
Accepted : column)
1. :Pre- Design Phase: Work includes: (A) initial site visit, (B)
:meeting with adjacent land owner(s), (C) meeting with
:neighborhood / civic organization leadership, (D) letter
:specifying surveying needs, (E) travel, telephone calls, etc.
$ 4,000.00
:associated with information gathering prior to beginning design
:phase of project, and (F) insurance costs & attorney's fees.
........... ..3.. .. . ....... ................... ...................... ............................................... ...............................
2. :Preliminary Design and Estimates Phase: Work includes: (A)
:developments of at least two (2) alternative designs and development of
:cost estimates based on city engineer's recommendations following
'review of topographic survey, soil survey and analysis, and other
:project elements, (B) meeting with staff members in Galveston to
$ 5,135.00
review alternatives and select final alternative, (C) refinement and
:correction of final alternative selected, (D) color rendering of site plan
: for presentation purposes, (E) meeting with community association, and
(l) associated travel expense, long - distance telephone calls, etc. for this
:phase of the project.
................ :...................................................................................................................................................
3. :Final Plans and Estimates Phase: Work includes: (A) any
:changes to final alternative drawings following meeting with
:community association, (B) creation of AutoCAD compatible plans of
: final alternative, including layout plan with dimensions, topographic
:plan, landscaping plan, and such other plans as are needed in order for
:Client to complete the construction work or contract for such work, but
:not including detailed written specifications of any portion of the
$ 2,990.00
:project or engineer approved designs of paving and electrical
:installations, (C) preparation of final cost estimate, (D) Meetings with
:Zoning Commission, Park Board, and City Council, (E) travel, long
:distance phone calls, prints, etc. associated with this phase of the
:project, and (1) one set of reproducible vellums and one set of blue line
:prints.
............... .............................................................................................................................. ... ............ ........
Total Fee for Landscape Architectural Design & Estimating Services
$ 12,125.00
':if all above items accepted by Client
Total Fee for Landscape Architectural Design & Estimating Services accepted by Client
Exhibit No.. _ B
Page 2
Proposal Acceptance Form . Page 2
D UK E Landscape Architecture + Planning
1815 Avenue K - Galveston, Texas 775504920 - 4091762 -5193 - 888/276 -7607 (toll free fax & voice) - dukelausagnetscape. net
Bob Duke, A.S. L.A., Texas Registered Landscape Architect #679 - Member, American Society of Landscape Architects
Estimated Time Frame for completion of the work may be written in and initialed by DUKE and the Client.
Dates are based on the above items of work. Additional work or delays agreed upon by DUKE and the Client
will extend the time for completion.
................................................................................ ...............................
1. Pre- Design Phase
.................................................................................. ...............................
2. Preliminary Design and Estimates Phase
............................................................................... ...............................
3. Final Plans and Estimates Phase
proposed dale initial actual end date
..............
within 14 days of contract execution
..............
within 10 weeks of contract execution
within 15 weeks of contract execution
The City of Baytown Parks and Recreation Department will provide the following information within a
reasonable time frame separate from this contract:
... ... . .. . . .... . . . .... . .. . .. . .. . . . .. .. .. .. . .. . . . . .. . . . . . .. . . . . .. . . . . . .. . . . .. . . . .. . . . . . . . .. .. ... . ... . . . .. . ... ... .. . . . . . . . ... ... .. . . .. .... . . . .. . ... .... . . . .... . . . . ... .. . ... . . .. . . . . ... . . ... . . .. . . . . . . .. . . . . .. . .... .. . . . . . . ... .. . . ... .. ..............................................
Written and Drawn description of the property (in AutoCAD compatible format if possible)
:... . . . . . . . . . .. . . . . . . .. . . . . .. . .. . .. . . .. . . . . . . . .. . .. . ... . . . . . .. . . . . .. .. . . ... . .. . .. . . . . . . . . . . . . ... ... . .. . . . . .. .. . . . . .. . .... . . . . . . . . . . . . .. . .... . .. . . . .. . ... . .. . .. .. ... .. .. . . . . .. . ... .. . .. . .. . ... .. . . .. . .. . . .. . . . .. . .. .. .... .. . . . .. ... . . . ..............................................
A list of items to include in the park site plan
:....................................................................................................................................................................................................................................;............... ...............................
Coordination of meetings provided for in items of work above
..................................................................................................................................................................................................... ............................... ............... ...............................
Floodway /Floodplain map(s)
....................................................................................................................................................................................................................................;............... ...............................
Floor Plan or building footprints of typical park structures such as pavilions, picnic units, and!
playground shaded sand play areas and any associated specifications for materials,
construction techniques, etc.
...................................................................................................................................................................................................... ..............................; ............... ...............................
Latest cost figures for any facilities built "in house" by Parks Department crews
..................................................................................................................................................................................................... ............................... ............... ...............................
Topographic Survey of site on 25' x 25' grid
.......................................... ............................... ..... ........ ............................... ......................................................... ............................... ............... ...............................
...... ...... ......... .
- Soil Survey and Soils Engineering Analysis by certified testing laboratory
:.................................................................................................................................................................................................................................................... ...............................
Determination from the necessary City Departments if placing culverts in the park drainage
ditch to provide for parrallel parking would be acceptable.
j......................... . . . . .... ..... .......................... . ............................... ........................... ............................... .............................. .p. .............. ...............................
All Civil Engineering work required to correctly install all components of project
... ............................... ................. ............................... .. ................................ ............................... ..... ............................ ........¢............... ...............................
- Submission of all plans and specifications to Texas Department of Licensing and Regulation,
Code Review and Inspections, ARCHITECTURAL BARRIERS as required by state law for
any projects involving public funds.
..................................................................................................................................................................................................... ............................... _ ................ ...............................
Revised proposal submitted on January 14, 2000. Please sign & date below to accept terms of proposal.
Bob Duke, Owner date date
DUKE Landscape Architecture + Planning City of Baytown Parks and Recreation Representative
Exhibit No.. _ B
0 Page 3
Proposal Acceptance Form • Page 3
D U K E Landscape Architecture + Planning
1815 Avenue K - Galveston, Texas 775504920 - 409/762 -5193 - 888/276 -7607 (toll free fax & voice) - dukelausa @netscape.net
Bob Duke, A.S.L.A., Texas Registered Landscape Architect #679 - Member, American Society of Landscape Architects
STATE OF TEXAS
COUNTY OF HARRIS
AFFIDAVIT & INDEMNITY
Before me, the undersigned authority, personally appeared ELDB the
ZDLIF RRP?R kC— -MP-- of DAM l� ArcG,f 44tvQ tN wok% (the "Architect ") who is personally known
to me and who, after being duly sworn according to law, upon his/her oath deposed and said
My name is IBM DuA�E—
convicted of a crime involving moral turpitude
the facts herein.
. I am over eighteen (18) years of age. I have never been
I am fully competent to make this affidavit and personally acquainted with
I am the A-` t"° Architect; and in such capacity, I hereby certify and avow that the
Architect has no employees. I further understand and agree that should the Architect subsequently hire any employee
during the term of the Agreement for Landscape Architecture and Planning Services, (the "Contract ") that the Architect
shall immediately procure and maintain Workers' Compensation Insurance in accordance with the Contract.
Furthermore, the Architect hereby, for itself, its officers, agents, and assigns, forever RELEASES, ACQUITS,
DISCHARGES, and HOLDS HARMLESS, the City of Baytown, its officers, agents and employees of and from any and
all claims for debts, damages, causes of action, suits, liabilities, and demands of whatever nature, whether contractual,
statutory or in tort or otherwise, which may accrue by reason of the representations which I have made in this affidavit
and/or which may arise out of or in any way be connected with, directly or indirectly, the Project brought by a person
claiming to be an employee of the Architect.
IN CONSIDERATION OF BEING AWARDED THE CONTRACT, THE ARCHITECT SHALL INDEMNIFY
AND DEFEND THE CITY OF BAYTOWN, ITS OFFICERS, AGENTS AND EMPLOYEES, COLLECTIVELY
REFERRED TO IN THIS PARAGRAPH AS THE CITY, FROM AND AGAINST ANY AND ALL CLAIMS,
LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY HIND, INCLUDING AL
EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO ANY PERSON
OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FAILURE OF
THE ARCHITECT TO PROCURE AND MAINTAIN WORKERS' COMPENSATION INSURANCE AS
REQUIRED IN THE CONTRACT, WHETHER SUCH INJURIES OR DAMAGES ARE CAUSED BY THE
SOLE OR JOINT NEGLIGENCE OF THE CITY. IT IS MY EXPRESSED INTENTION THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY ME TO INDEMNIFY AND
PROTECT THE CITY FROM THE CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY OR
DAMAGE.
In the event that any action or proceeding is brought against the City by reason of any of the above, I further agree and
covenant to defend the action or proceeding by legal counsel acceptable to the City of Baytown. The obligation to
indemnify and defend as described herein shall survive the termination or expiration of the Contract.
Further, affiant saith not.
(Signature) ,Y
LIAD
(Printed Name)
p ago
SWORN TO AND SUBSCRIBED before me on this the 8 a`day of
P1. �Jlllllllllllllllllllll�
RHONDA MULSOW
t ®� NOTARYPUBUC.STATEOFTEXAS NOTARY PUBLIC IN AND R �THE T ATE �OFTEX�AS
l ,n� MY COMMISSION EXPIRES
'rFaR,e} MARCH 16, 2004
(seal) �vlllllllllllllllJlllllll-0
c: kI h 2 I O\ Parks &Recre ati on\D ukeLandscapin g\Ai day it.NoEm ployees
Exhibit "C"