HomeMy WebLinkAboutContract 34283CITY SECRETARYQ
CONTRACT NO.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made by the City of Fort Worth, Texas, a home rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City",
and The Landscape Alliance, hereafter called "Consultant". City and Consultant may be referred to
herein individually as a party and collectively as the parties.
PROJECT - Proposed South Central Community Center Site Assessment Study
2. SCOPE OF SERVICES — The Scope of Services is set forth in Attachment "A" hereto and
incorporated herein.
3. COMPENSATION
a) Consultant's compensation is set forth in Attachment `B" hereto and incorporated
herein. The maximum amount to be paid to Consultant for all services rendered and
all expenses incurred hereunder shall not exceed Forty-five Thousand Nine Hundred
dollars ($45,900).
b) Payments to Consultant will be made as follows:
i. The Consultant shall provide the City sufficient documentation to reasonably
substantiate the invoices.
ii. The Consultant will issue monthly invoices for all work performed under
this Agreement. Invoices are due and payable within 30 days of receipt.
iii. Upon completion of services enumerated in Section 1 of this Agreement, the
final payment of any balance will be due within 30 days of receipt of the
final invoice.
iv. 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.
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.
v. If City fails to make payment in full to Consultant for billings contested in
good faith within 60 days of the amount due, Consultant may, after giving 7
days' written notice to City, suspend services under this Agreement until paid
in full, including interest. In the event of suspension of services, Consultant
shall have no liability to City for delays or damages caused City because of
such suspension of services.
4. STANDARD OF CARE - The standard of care applicable to Consultant'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.
5. INDEPENDENT CONTRACTOR - Consultant shall perform all work and services
hereunder as an independent contractor and not as an officer, agent or employee of the City.
Consultant shall have exclusive control of, and the exclusive right to control, the details of
the work performed hereunder and all persons performing same and shall be solely
responsible for the acts and omissions of its agents, employees and subcontractors. Nothing
herein shall be construed as creating a partnership or joint venture between the City and the
Consultant, its agents, employees and subcontractors; and the doctrine of respondeat
superior shall have no application as between the City and the Consultant.
6. DISCLOSURE - The Consultant 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. The Consultant further acknowledges that it
will make disclosure in writing of any conflicts of interest that develop subsequent to the
signing of this Agreement and prior to final payment under the Agreement.
7. PREPARATION OF DOCUMENTS - Consultant will provide City the original documents
anticipated by the Scope of Work as described by Section 1 hereof. The documents shall
become the property of the City. City may use such documents in any manner it desires;
provided, however, that the Consultant shall not be liable for the use of such documents for
any project other than the Project described herein.
8. MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION - In
accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in City
contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Consultant 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.
9. INSURANCE REQUIREMENTS -
a) Consultant shall provide to the City certificate(s) of insurance documenting policies of
the following coverage at minimum limits that are to be in effect prior to
commencement of work on the Project:
Commercial General Liability
$1,000,000 each occurrence
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$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non -owned when said vehicle is used in the course of the
Proj ect.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$1,000,000 aggregate
Professional liability shall be written on a claims -made basis and shall contain a
retroactive date prior to the date of the Agreement 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 Agreement. An annual certificate of insurance
specifically referencing this project shall be submitted to the City for each year
following completion of the Agreement.
b) Certificates of insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with the
Proj ect.
i. 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.
ii. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
iii. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
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iv. 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. Such terms shall be
endorsed onto Consultant's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
v. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and solvency
to the satisfaction of Risk Management.
vi. Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the City in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through insurance
pools or risk retention groups must be also approved. Dedicated financial
resources or letters of credit may also,be acceptable to the City.
vii. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the City as respects the Project.
viii. The City shall be entitled, upon its request and without incurring expense, to
review the Consultant's insurance policies including endorsements thereto
and, at the City's discretion, the Consultant may be required to provide proof
of insurance premium payments.
ix. The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless the City approves such exclusions in writing.
x. For all lines of coverage underwritten on a claims -made basis, other than
Professional Liability, the retroactive date shall be 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.
xi. The City shall not be responsible for the direct payment of any insurance
premiums required by this agreement and all insurance required in this
section, with the exception of Professional Liability, shall be written on an
occurrence basis.
c) Sub consultants and subcontractors to/of the Consultant shall be required by the
Consultant to maintain the same or reasonably equivalent insurance coverage as
required for the Consultant. When sub consultants/subcontractors maintain insurance
coverage, Consultant shall provide City with documentation thereof on a certificate
of insurance.
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10. RIGHT TO AUDIT —
a) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
Consultant involving transactions relating to this Agreement. Consultant agrees that
the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this Section. The City shall give
Consultant reasonable advance notice of intended audits.
b) Consultant 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 three (3) 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 Section. City shall give subconsultant reasonable advance
notice of intended audits.
c) Consultant and subconsultant agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
11. TERMINATION
a) City may terminate this Agreement for any reason, at any time, with or without cause, or
for the convenience of the City by thirty (30) days' notice in writing to Consultant. Upon
the receipt of such notice, Consultant shall immediately discontinue all services, work,
and investigative activities in connection with the performance of this Agreement and
shall proceed to promptly complete all existing investigations and documents, as they
are chargeable to this Agreement. If the City terminates this Agreement for convenience
pursuant to this Section, the City shall pay Consultant for services actually and
satisfactorily performed in accordance herewith prior to such termination, in accordance
with a final statement submitted by Consultant documenting the performance of such
work. Consultant shall not be entitled to lost or anticipated profits should City choose to
exercise its option to terminate.
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b) Upon termination of this Agreement for any reason, Consultant shall provide the City
with copies of all documents, including but not limited to written summaries and
investigative reports prepared under this Agreement.
12. INDEMNIFICATION - Consultant shall indemnify and hold the City and its officers, agents
and employees harmless from any loss, damage liability or expense for damage to property
and injuries, including death, to any person, including but not limited to officers, agents or
employees of Consultant or subcontractors, which may arise out of any negligent act, error
or omission in the performance of this Agreement. Consultant shall defend at his own
expense any suits or other proceedings brought against the City, its officers, agents and
employees, or any of them, resulting from such negligent act, error or omission; and shall
pay all expenses and satisfy all judgments which may be incurred by or rendered against
them or any of them in connection therewith resulting from such Consultant's negligent act,
error or omission.
13. COMPLIANCE WITH LAW. Consultant, its officers, agents, employees, contractors
and subcontractors, shall abide by and comply with all laws, federal, state and local,
including the Charter and all ordinances, rules and regulations of the City. It is agreed
and understood that, if City calls the attention of Consultant to any such violations on the
part of Consultant, its officers, agents, employees, contractors or subcontractors, then
Consultant shall immediately desist from and correct such violation.
14. PROHIBITION OF ASSIGNMENT - Neither party hereto shall assign, sublet or transfer
their interest herein without the prior written consent of the other party, and any attempted
assignment, sublease or transfer of all or any part hereof without such prior written consent
shall be void.
15. CHOICE OF LAW, VENUE AND JURISDICTION - If any action, whether real or
asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue
for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas — Fort Worth Division. This
Agreement shall be construed in accordance with the laws of the State of Texas.
16. CONTRACT CONSTRUCTION. The parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule
of construction to the effect that any ambiguities are to be resolved against the drafting
party must not be employed in the interpretation of this Agreement or any amendments or
Attachments hereto.
17. NO THIRD -PARTY BENEFICIARIES. This Agreement shall inure only to the benefit
of the parties hereto and third persons not privy hereto shall not, in any form or manner,
be considered a third party beneficiary of this Agreement. Each party hereto shall be
solely responsible for the fulfillment of its own contracts or commitments.
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18. SEVERABILITY. The provisions of this Agreement are severable, and if any word,
phrase, clause, sentence, paragraph, section or other part of this Agreement or the
application thereof to any person or circumstance shall ever be held by any court of
competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of
this Agreement and the application of such word, phrase, clause, sentence, paragraph,
section, or other part of this Agreement to other persons or circumstances shall not be
affected thereby and this Agreement shall be construed as if such invalid or
unconstitutional portion had never been contained therein.
19. PARAGRAPH HEADINGS. The paragraph headings contained herein are for the
convenience in reference and are not intended to define or limit the scope of any
provision of this Agreement.
20. ASSIGNMENT. Neither party hereto shall assign, sublet or transfer its interest herein
without prior written consent of the other party, and any attempted assignment, sublease
or transfer of all or any part hereof without such prior written consent shall be void.
21. NOTICES - Notices to be provided hereunder shall be sent to:
If to City:
Director,
Parks and Community Services Dept
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
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If to Consultant:
The Landscape Alliance
Attn: Gary Kutilek
951 W. Pipeline Rd., Suite I I I D
Hurst, Texas 76065
[Signature Page Follows]
I
ki W'00d-
EXECUTED in multiple originals on this, the, day of �j , 2006.
The Landscape Alliance City 4 Fort Worth:
Gary KutUje i by Watson
President Assistant City Manager
Recommended:
Melody M' the 1, Acting Director
Parks and Community Services Dept.
Approved = s to Form and Legality:
P4
y J. ey
Assistant ity Attorney
ATTEST:
L4vi-��
Marty Hendrix
City Secretary
Date: 1
Authorizations
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f u J
The Landscape Alliance
site planning landscape architecture irrigation
June 27, 2006
Mike Ficke
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: Proposed Southside Community Center
Dear Mike:
I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide professional
services related to the proposed new Southside Community Center. It has been represented that the
scope of services will be focused on a study to determine a favorable site or facility to develop a new
Community Center. The resultant could be the development of a new building on an available site or
could be the utilization of an existing facility which would be converted to fulfill spatial and
programmed needs. The geographic study area is roughly bounded by Berry Street to the north,
Granbury Drive / Cleburne Road to the west, Seminary Drive to the south, and I-35 to the east. It is
further understood that the City has had conversations with members of the community, developed
general guidelines for building and site requirements, and developed a preliminary budget for pursuing
the project. It is assumed that all information the City has accumulated will be made available to TLA
for its use in pursuing this project.
The scope of the project will generally include:
Data Collection and Analysis
• Meetings with City staff to inventory available information and generate a project program
defining the general requirements of the project site or facility. The methodology used in
determining the type and location of the facility will be tailored to the specific needs of the area
citizens.
• Based on data provided by the City, base maps will be prepared at appropriate scales and
coverage.
• Preliminary investigations related to site availability, geographic placement and access to service
area including public transportation and related public factors. TLA will review existing data,
including existing facilities, programs, access, and policies related to the project requirements.
• An area reconnaissance will be undertaken with City Staff to review preliminary options and
opportunities.
• TLA and City representatives will meet with parties which represent potentia r a 1 .,c
facilities to initiate on site review of options and availability.
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 5 9-8909
ATTACHMENT A
• TLA will conduct a public meeting to secure input and provide communication related to project
direction. It is assumed that the City will be responsible for meeting coordination, publicity, and
location.
• TLA will conduct a work session with City representatives to discuss the findings of the data
collection and analysis phases.
Preliminary Site Selection Study
• From findings reviewed in the work session at the end of the Data Collection and Analysis
Phase, TLA will provide further evaluation of one or more preferred candidates. This analysis
will include a concept scheme for undeveloped sites to determine the capability of sustaining
developed needs. This would include spatial requirements likely for building, parking and
related support improvements.
• Existing facilities will be evaluated individually. TLA will assemble a project team including
an Architect, Structural and MEP Engineer to provide an initial preliminary assessment of a
candidate which includes an existing facility to be converted. Magee Architects will be utilized
to assist TLA in this portion of the project if it is required. The preliminary assessment will
evaluate spatial suitability, structural viability, and condition of MEP systems. The assessment
will provide a diagramatic evaluation of spatial use and conversion with general estimates of
conversion costs. The products of this study will not represent an exhaustive evaluation of
existing conditions but will be formatted to provide an evaluation of opportunities and discover
any obvious limitations which would impact the cost or viability of this facility as a candidate.
Due to the cost of these evaluations, they are listed as individual costs within the fee portion of
the proposal.
• TLA will conduct a work session with City representatives to discuss the findings of Preliminary
Site Selection Study.
Final Site Selection Study
• Based on findings of the Preliminary Selection Study, one site will be selected for final selection
analysis. This site or facility will studied at an enhanced level. An undeveloped site, if selected,
will be studied to determine probable costs of development and to develop schematic design of a
typical building layout with parking and related facilities. An existing facility, if selected, will
be revisited using the team utilized in the Preliminary Site Selection Study. This level of study
will be more inclusive and thorough than those conducted in the preliminary phase. Schematic
design will include spatial utilization, generalized conversion costs and condition of existing
improvements. The design information and study report will provide a reliable basis for
subsequent design of improvements.
• TLA will conduct a presentation for the Park Board and/or City Council to communicate project
findings. It is assumed that the City will be responsible for meeting coordination, publicity, and
location.
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
2
The Landscape Alliance
site planning landscape architecture irrigation
June 27, 2006
Mike Ficke
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: Professional Services Fees
Dear Mike:
In response to your request, we are forwarding the following anticipated breakdown of fees by
discipline including participation by our MWBE team member. We have also included a brief
description by phase of the MWBE role. It is understood that this information will be utilized to
determine MWBE participation in the project.
Phase Discipline Fee
Data Collection and Analysis Prime Consultant $ 6,500.00
MWBE $ 1,350.00
Reproduction $ 250.00
Preliminary Site Selection Prime Consultant $ 5,400.00
(undeveloped site up to two sites) MWBE $ 750.00
Reproduction $ 250.00
Preliminary Site Selection Prime Consultant $ 2,400.00
(existing facility up to two sites) Architectural $ 6,000.00
MEP $ 2,000.00
Structural $ 2,000.00
MWBE $ 750.00
Reproduction $ 500.00
Final Site Selection Prime Consultant $ 3,000.00
(undeveloped site, one location) MWBE $ 1,000.00
Reproduction $ 500.00
Final Site Selection Prime Consultant $ 2,000.00
(existing facility, one location) Architectural $ 5,000.00
MEP $ 2,500.00
Structural $ 2,500.00
MWBE $ 750.00
Reproduction $ 500.00
TotalFees.............................................................................................................. $45,900.00
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
ATTACHMENT B
MWBE scope of services by phase is as follows:
Data Collection and Analysis: Preparation of base maps of project study area and initial site
options, assistance in collection of pertinent demographic and
transportation data, and drafting of preliminary schemes.
Preliminary Site Selection: Drafting of development options and assistance in presentation.
(Undeveloped Site)
Preliminary Site Selection: Drafting of development options and assistance in presentation.
(Developed Site)
Final Site Selection: Drafting of development options and assistance in presentation.
(Undeveloped Site)
Final Site Selection: Drafting of development options and assistance in presentation.
It is our intent to utilize Precision Landscape and Irrigation Design in Irving, Texas as our MWBE
participant (affidavit No. 16777 currently being processed). As referenced above, they will be involved
in data collection, graphic production, and public presentations.
Please call if you have any questions concerning any of the items herein or specifically omitted.
Sincerely,
The Landscape Alliance
wclw�
P Kutilek, RLA
GPK/cb
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
2
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/12/2006
DATE: Tuesday, September 12, 2006
LOG NAME: 80SOUTHSIDECOM
REFERENCE NO.: **C-21676
SUBJECT:
Authorize Execution of a Professional Services Agreement with The Landscape Alliance to Conduct
a Site Assessment for the Location of the Proposed South Central Community Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with The Landscape Alliance in the amount of $45,900 to conduct assessment studies and
make a recommendation for consideration of sites best suited for the future location of the proposed South
Central Community Center.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) allocated $7,500,000 for the design and construction of three
new community centers to meet the needs of underserved neighborhoods, of which $2,500,000 was
allocated for the location of a new community center in the south central area of Fort Worth. The south
central area is geographically defined as Berry Street to the north, Granbury/Cleburne Road to the west;
Seminary Drive to the south and 1-35 to the east.
The scope of work will include a study to evaluate favorable sites or existing facilities to locate the new
community center, which would meet spatial and programming needs.
The selected consultant, The Landscape Alliance, has proposed to perform the site studies and make a
recommendation to the Parks and Community Services Department (PACSD) as to the sites best suited for
the community center location. The fee for this study is $45,900 which PACSD staff considers to be fair and
reasonable for the scope of services proposed.
Upon award of contract and issuance of Notice To Proceed, the study is expected to be completed by late
Fall 2006.
M/WBE - The Landscape Alliance is in compliance with the City's M/WBE Ordinance by committing 10%
M/WBE participation. The City's goal on this project is 10%.
The proposed site will be located in COUNCIL DISTRICT 9.
ittp://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/18/2006
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Park Improvements Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office by:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C280 531200 809450013020 $45,900.00
Libby Watson (6183)
Randle Harwood (Acting) (5704)
Harold Pitchford (Acting) (5728)
ittp://www.cfwnet.org/council_packet/Reports/mc_print.asp 9/18/2006