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HomeMy WebLinkAboutContract 52922 CITY SECRETARY CONTRACT NO. a9 aa RECEIVED _� OCT 11 2019 CITY OF FORT WORTH, TEXAS C1WOF FORT C(7ysECRETAr,y' STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Gary Paul Kutilek d/b/a The Landscape Alliance, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as.. Marine Creek Ranch — Master Plan and Schematic Design for Phase 1 Improvements. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $81,827.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. Cityf F w EFT.WORTH.- RECORD' o Fort Worth,Texas Standard Agreement for Engineering Related Design Services TARY Page 1 of 17 Revised Date 11.17.17 _rX (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 ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER 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 ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11,17.17 Page 4 of 17 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 ENGINEER 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 goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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. Engineer 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 may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER 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) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER 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 additional insured with all rights of defense 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 or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER 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 ENGINEER 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 6 of 17 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 engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER 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. ENGINEER 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 ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER 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 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 ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 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 attach the required insurance documentation hereto 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 expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 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 ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on 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 ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER 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 ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all 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 ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost, of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER The Landscape Alliance i Fernando Costa kou��� Assistant City Manager G Kutilek Da Owner te: Date: l 10 City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 CITY SECRETARY Page 16 of 17 FT WORTH,TX APPROVAL RECOMMENDED: By: David r ek Acting Director, Park and Recreation Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requi emeents. A19x6ce Ka , Jr. roject Manager APPROVED AS TO FORM AND LEGALITY By: TC)� ug a . BI k Assistant City Atto ey ATTE Form 1295 No. F �ORT .. M ry J. Ka r M&C No.: N lQ City Secretary U' * M&C Date: City of Fort Worth,Texas ����e� �. �� Standard Agreement for Engineering Related Design Services 9� Revised Date:11.17.17 CITY SECRETARY Page 17 of 17 ;:T,WORTH,`�X Attachment A Scope of Services PROJECT DESCRIPTION Marine Creek Ranch Park is located in northwest Fort Worth Fort Worth, outside of the 820 loop, south of Cromwell Marine Creek Road and west of Marine Creek Parkway. Marine Creek Ranch Park is approximately acres 49.8 acres, and the Northwest Library is located in the northwest corner of the park. The City of Fort Worth 2018 Bond Program allocated $3,500,000 for Phase 1 improvements. This funding will be used for design, construction, construction inspection, materials testing and administration. The estimated construction budget for phase 1 improvements is$2,800,000. The first objective of this initial contract is to prepare an update to the park master plan which was previously developed in August 2007 in conjunction with the design of the Northwest Library. This master plan was not endorsed by the Park& Recreation Advisory Board. At least two public meetings will be held to get input on the master plan update. The updated master plan will be presented to the Park & Recreation Advisory Board for consideration of endorsement. Secondly,the consultant team will prepare schematic design and cost opinion documents for anticipated improvements. The schematic design shall be based on the updated park master plan. It is anticipated that upon the completion of schematic design,the City will issue a Request for Proposal for final design services. Anticipated Phase 1 improvements are anticipated to include: ■ Athletic Fields(competition or unlighted, non-irrigated practice fields) ■ Trails (Paved hike/bike trails) ■ Playground (2-5 and 5-12 year old structures, swings and other free standing equipment) ■ Picnic shelters, picnic facilities and other site furnishings (picnic facilities and seating to support park uses.) ■ Roads and Park(to provide access to park facilities) Services Overview Basic Services provided by the CONSULTANT in the initial project scope shall include review of the CITY'S initial master plan recommended park improvements, preparation of recommendations for changes to initial master plan planned park improvements, preparation of Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 1 of 6 an updated illustrative park master plan, and preparation schematic design document and an order-of-magnitude opinion of probable construction cost. Special Services provided by the ENGINEER in the initial project scope are anticipated to be limited to participation in selected stakeholder meetings and/or presentations. Other Special Services may be required to support potential future work scope items such as preparation of construction documents and may include services such as topographic survey, tree survey, geotechnical investigation, hydrology/hydraulic analysis, etc. Schedule Overview The CITY currently anticipates the following schedule for CONSULTANT's completion and Park& Recreation Advisory Board's endorsement of the updated master plan: Completion of Master Plan Update Sep 2019—Jan 2020 Endorsement of Updated Master Plan Jan 2020 Schematic Design- Phase 2 130%Construction Docs) Jan 2020—Feb 2020 The CITY anticipates the following schedule for future completion of design, bid, and construction phases for improvements selected from the updated master plan: Final Design- Phase 2 160/90/100%/Sealed Construction Doc's) Feb 2020-Aug 2020 Bid &Award Phase Aug 2020-Jan 2021 Construction Phase Feb 2021 - Feb 2022 BASIC SERVICES CONSULTANT shall be responsible for providing the following basic services for the project. 1. Coordination/Management/Communication CONSULTANT shall perform the following tasks: A) Attend one (1) project kick-off meeting (two-hour duration)with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. B) Lead and manage the CONSULTANT and sub-consultant design team throughout the project. C) Communicate regularly by phone and email with CITY staff. Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 2 of 6 D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings with CITY staff as noted specifically in each task described below. 2. Data Review/Site Visit/Base Map CONSULTANT shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. B) Visit the project site to observe and photographically document existing conditions as necessary for completion of the project. C) Prepare a project base map for the project utilizing sheet format provided by CITY, CONSULTANT's special services survey data,relevant project data,and latest Google Earth or other available aerial photographic imagery.The project base map shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format with black and white line work(and with full-color aerial photo background which can be turned on or off as requested by CITY). D) Attend one (1) meeting (two-hour duration) with the CITY to review project data, site photos, base map, and other information resulting from special services tasks prior to proceeding with preparation of schematic design documents. 3. Illustrative Master Plan Update CONSULTANT shall perform the following tasks: Based upon data gathered and input received in previous tasks and upon guidance provided by the CITY, prepare a preliminary and final updated master plan and order-of-magnitude opinion of probable construction cost. The preliminary and final updated master plan shall be in full-color and shall include project name, list of existing and proposed park elements, proposed park elements labeled on an illustrative plan view (with or without leader lines), north arrow, scale, date, CITY name and logo, and ENGINEER'S name and logo. The preliminary and final updated master plan shall be suitable for clear readable use in both 22 inch x 34 inch (full-size) and 11inch x 17 inch (half size) format, portrait orientation, with black and white line work(with illustrative full-color shape fill and with full-color aerial photo background which can be turned on or off, separately,as requested by CITY). The preliminary and final opinion of probable construction cost shall be based on the scaled quantities derived from the ENGINEER'S updated master plan and on unit prices current at the time of the cost opinion preparation. Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 3 of 6 A) Prepare 'initial concept'of preliminary updated master plan and cost opinion documents described above for review with CITY. Provide CITY with hardcopies (2 full- size and 4 half-size) and an electronic pdf for each format for CITY review. B) Attend two (2) public meetings (two-hour duration) with CITY staff in order to get input on facilities and priorities on the park master plan. C) Following input meetings and further input and guidance provided by CITY, prepare final updated master plan and cost opinion documents described above. Provide CITY with hardcopies (2 full-size and 4 half-size) and an electronic pdf for each format for CITY use. CONSULTANT shall, at request of CITY,transmit to CITY electronic copies of CONSULTANT work product components including but not limited to data, photos, images, text, designs, cost opinions,etc. for project-related use by CITY including but not limited to project budgeting, project coordination/communication, etc. 4. Schematic Design CONSULTANT shall perform the following tasks: Prepare preliminary and final schematic design (30% percent construction documents) and cost opinion documents as described below for each of the anticipated Phase 1 improvements identified in PROJECT DESCRIPTION section. Design for all improvements shall follow current CITY design standards unless directed otherwise by CITY. The CONSULTANT's preliminary and final schematic design plans shall include, at a minimum,the following in sheet format provided by CITY: • coversheet • general notes sheet • summary of quantities sheet • plan sheets 0 overall site plan (with sheet references for items noted below) o tree protection fence layout o silt fence/erosion control feature layout o construction site temporary element layout(access,circulation, fencing, equipment and material storage, power and water connections,et.al.) o demolition locations o significant grading (1-foot contours) and drainage features o paving layout (parking, drives,trail/sidewalk connectors) o playground layout o trails layout o practice field layout o planting/revegetation area locations/limits Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 4 of 6 The CONSULTANT's preliminary and final schematic design plans shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format with black and white line work (and with full-color aerial photo background which can be turned on or off as requested by CITY). The CONSULTANT's preliminary and final schematic design opinion of probable construction cost shall be based on the quantities indicated on the CONSULTANT's plans and on unit prices current at the time of the cost opinion preparation. CONSULTANT shall, at request of CITY, transmit to CITY electronic copies of CONSULTANT work product components including but not limited to data, photos, images, text, designs, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting, project coordination/communication, etc. A) Prepare preliminary schematic design and cost opinion documents described above. Provide CITY with three (3) hardcopies and an electronic pdf for each format for CITY review. B) Attend one (1) meeting (two-hour duration) with the CITY to review preliminary schematic design and cost documents and obtain CITY input and guidance prior to proceeding with preparation of final schematic design documents. C) Prepare final schematic design and cost opinion documents incorporating input from CITY review. Provide CITY with three (3) hardcopies and an electronic pdf for each format for CITY use. SPECIAL SERVICES 1. Special Service-Topographic Survey/Platting CONSULTANT shall perform the following tasks: A) Conduct a topographic survey of the park area. Survey shall include 1-foot contours, location of tree line and individual significant trees in open areas, location/identification of surface/overhead/subsurface features, utilities, and improvements. Datum shall be tied to a benchmark or datum designated by the CITY. CONSULTANT shall provide the survey to CITY in both AutoCAD and PDF electronic format with both bearing the seal and signature of a Texas Registered Professional Land Surveyor. The following itemized surveying services are to be provided: Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 5 of 6 1. Establish horizontal and vertical control for the project.The horizontal control shall be tied to NAD83, North Central Zone 4202, utilizing a scale factor of 1.00012, a minimum of six(6) control points will be set.The vertical control shall be tied to City of Fort Worth vertical datum (unless directed otherwise by CITY); a minimum of two (2)temporary benchmarks shall be set for construction. 2. Tie all improvements X,Y&Z (including but not limited to paving, trails,walks, play equipment, storm drains, manholes, headwalls, lined swales/ditches, trees). Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes the cross the route.The survey shall also delineate the CITY park dedicated property boundary, dedicated easements, and location and elevation of the Tarrant Regional Water District flood easement. 3. Prepare a final topographic drawing in a digital format showing all features located in the field, one-foot interval contours and a TIN file. Deliverables shall also include a copy of the field notes, an ASCII coordinate file of all points located in the field and a hard copy of the coordinates. B) Platting The surveyor will prepare a plat of the subject property similar to other recent data of park property. Platting services will not include cost of application and filing fees. CLARIFICATIONS AND EXCLUSIONS 1. Services and work products by CONSULTANT beyond those specifically described above are not included in the project unless mutually agreed to by CITY and CONSULTANT in writing prior to performance of such services. Attachment A Scope of Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 6 of 6 Attachment B MARINE CREEK RANCH PARK PROJECT TEAM, PHASING AND FEE DISTRIBUTION PROJECT TEAM PRIME CONSULTANT: The Landscape Alliance 951 W. Pipeline Rd., Suite 410 Hurst, Texas 76053 SURVEYOR: *Spooner&Associates 309 Byers Street, Suite 100 Euless, Texas 76039 * Designates approved SBE Consultants • Total Professional Services Distribution: The Landscape Alliance -Base Services Phase I- Site Recon, investigations and base mapping........ $ 4,240.00 Phase II- Illustrative Master Plan........................................ $ 6,400.00 Phase III- Schematic Design................................................. $ 42,000.00 Spooner& Associates ................................................................ $ 26,845.00 Special Service TLA- TLA coordination............................ $ 2,342.00 • Total Professional Fees The Landscape Alliance (67%)................................................. $ 54,982.00 Spooner and Associates (33%).................................................. $ 26,845.00 Total........................ $ 81,827.00 951 W. Pipeline Rd., Suite 410, Hurst,Texas 76053 Metro: (817) 589-8909 4 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services (No amendments are required.) Attachment C Amendments to Standard Agreement for Engineering Related Professional Services Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 1 of 1 Attachment D Schedule The project is anticipated to be completed within four(4) months (in about 125 calendar days). Shown below is the anticipated time duration breakdown by task: Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Site Visit/Base Map 8 Weeks 3. Master Plan Update 2 Weeks 4. Schematic Design 10 Weeks Special Services 1. Special Service—Topographic Survey (during task 2 above) N/A Total Project Duration 20 Weeks Attachment D Schedule Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 1 of 1 Attachment E Project location Map P ' �— Ile - ' + J AV _ c i f Y r 4 4 `f I t - - l i 1 PW Marine Creek Ranch 44Z Marine Creek Ranch Attachment E Project Location Map Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 1 of 1 Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. BY: ENGINEER The Landscape Alliance 4�7 � 1 (Si nature) r�A Q , .-- (Sig atory's Printed Name) (Signatory's Printed Title) U' (P inted Date) Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL Marine Creek Ranch—Master Plan and Schematic Design for Phase 1 Improvements Page 1 of 1