HomeMy WebLinkAboutContract 30568 CITY SF('RETARY J
-0NT1;,'-,CT NO.
CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and The Landscape
Alliance, (the "ENGINEER"), for a PROJECT generally described as: River Trails Park
Improvements
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
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 to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The CITY will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to 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, including interest. 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.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are includes 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 standard of care applicable to the ENGINEER's services will be the degree of skill and
diligence normally employed in the State of Texas by professional engineers or consultants
performing the same or similar services at the time such services are performed.
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 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 plastic film sheets, 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 arid/or the CITY's
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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 indicating that the
PROJECT, when completed, will be in accordance with the Contract Documents,
nor shall anything in the Contract Documents or the agreement between CITY and
ENGINEER be construed as requiring the 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, for any reason, the
ENGINEER should make an on-site observation(s), on the basis of such on-site
observations, if any, the ENGINEER shall endeavor to keep the CITY informed of
any deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(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.
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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 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 and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471,
the City has goals for the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepre-sentation 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 parti-cipating 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 three (3) 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 three (3) years after final payment under the subcontract, have access
to and the right to examine and photocopy any directly pertinent books, documents,
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;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 subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy 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 ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the
following coverage at minimum limits which are to be in effect prior to commencement of
work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident(or reasonably equivalent limits of coverage if written
on a split limits basis) coverage shall be on any vehicle used in the course of the
PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease -policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has obtained all required
insurance shall be delivered to the CITY prior to ENGINEER proceeding with the
PROJECT.
(a) 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.
(b) Certificate(s) of insurance shall document that insurance coverage specified
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according to items section K.(1) and K.(2) of this agreement are provided
under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
(d) A minimum of thirty (30) days notice of cancel-lation 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 ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise approved by the CITY; and, such insurers shall be
acceptable to the CITY in terms of their financial strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance required-
herein
equiredherein 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.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) 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.
(i) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless such are approved by the CITY.
(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum two (2) year
period subsequent to the term of the respective PROJECT contract with the
CITY unless such coverage is provided the ENGINEER on an occurrence
basis.
(k) The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement. It is understood that insurance cost is
an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional Liability
insurance policy, shall be written on an occurrence basis in order to be
approved by the CITY.
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(m) Subconsultants to the ENGINEER shall be required by the ENGINEER to
maintain the same or reasonably equivalent insurance coverage as required
for the ENGINEER. When insurance coverage is maintained by
subconsultants, ENGINEER shall provide CITY with documentation thereof
on a certificate of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subcon-sultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not constitute
a breach by ENGINEER of the Agreement.
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.
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 which 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 ENGINEER will, if
requested, assist the CITY 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 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.
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Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as
required by the ENGINEER for such access. 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 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 in Attachment A.
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 and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
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litigation expenses arising out of or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or asbestos on or from the
PROJECT. Nothing contained herein shall be construed to require the CITY to levy,
assess or collect any tax to fund this indemnification.
(2) The indemnification and 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 such hazardous substance, contaminant or
asbestos is brought onto the PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article N.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing
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 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 V.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 will ensure that Builders Risk/Installation insurance is maintained 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.
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(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.
Article VI
General Legal Provisions
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 final designs, drawings, specifications and documents shall be owned by the CITY.
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.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the CITY
or the ENGINEER for cause if either party fails substantially to perform through no
fault of the other and does not commence correction of such nonperformance with 5
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days of written notice and diligently complete the correction thereafter.
(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;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
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 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 termi-nation 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
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of the ENGINEER, its
employees, officers, and subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable)is a cause of such damage or injury,
the loss, cost, or expense shall be shared between the ENGINEER and the CITY in
proportion to their relative degrees of negligence or willful misconduct as
determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement
1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H.Interpretation
Limitations on liability and indemnities in this AGREEMENT are business understandings
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between the parties and shall apply to all the different theories of recovery, including breach
of contract or warranty, tort including negligence, strict or statutory liability, or any other
cause of action, except for willful misconduct or gross negligence for limitations of liability
and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and
their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the PROJECT,
or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be
submitted to mediation. If mediation is unsuccessful, the claim, dispute or other
matter in question shall be submitted to arbitration if both parties acting reasonably
agree that the amount of the dispute is likely to be less than $50,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association or
other applicable rules of the Association then in effect. Any award rendered by the
arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be
final,judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections 10
and 11 of the Federal Arbitration Act(9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses,
may be litigated by either party on a de novo basis. The award shall become final
ninety (90) days from the date same is issued. If litigation is filed by either party
within said ninety (90) day period, the award shall become null and void and shall
not be used by either party for any purpose in the litigation.
K 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any
cause.
L. 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
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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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties. The following attachments and schedules are hereby
made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
ATTEST: EOF FORT WORTH
Z
Libby Watson
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
Assistant City Attorney dle Harwo ting fflActor
Parks and Communi Services
Department
ATTEST:
Corporate Secretary The dscape Alliance
.;ontract authorization
Date
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The Landscape Alliance
site planning landscape architecture irrigation
Attachment A
August 31, 2004
Scott E. Penn
Project Manager
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: River Trails Park
Dear Mr. Penn:
I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide professional
services for master planning and the design of Phase I improvements related to the development of
River Trails Park. You have represented that a construction budget of$120,000.00 has been established
for the project. It is further understood that the scope will include:
• Preliminary investigations of site.
• Development of a Concept Master Plan for the overall and ultimate development of the site
consistent with FWP&CS goals and traditional financial resources.
• Attend Public Meetings
• A survey of the affected park area.
• Development of plans and contract documents for Phase I improvements based on project budget
and input received from staff and public.
Proposed services are outlined by Phase as referenced below.
Phase I - Site Survey and Investigations
The scope of the this phase includes:
• Preliminary site investigations including acquiring available maps and photos.
• Preparation of a topographic survey of the affected area roughly bounded by streets and
residential lots to the north, east and south, and by the heavy line of dense trees and brush to the
west. The survey will comply with DOE survey requirements.
• Review of related development restrictions and determination of permits required to secure final
approvals. It is assumed that no local development or neighborhood association covenants or
restrictions apply in the development of this site.
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
ATTACHMENT A
Phase II -Master Planning and Public Input
Services include:
• Development of a Concept Master Plan for the overall and ultimate development of the site
consistent with FWPCS goals and traditional financial resources.
• Prepare graphic site development plan for public presentation.
• Attend public meeting to present plan and receive input related to site development.
• Prepare final Master Plan and graphic presentation with general cost estimates.
• Attend second public meeting to present Final Master plan and establish priorities for Phase I
development based on available funding.
It is assumed that the City will coordinate all public meetings including arrangements for meeting place,
room setup and public notifications.
Phase III - Project Design and Construction Documents
Services provided within this phase include:
• Meetings with Park and Recreation representatives and other City departments required to
conduct effective coordination of design.
• Design of improvements related to this project. This plan will be considered a preliminary plan
subject to modification and will be prepared for approval by the City.
• Preparation of final plans, specifications and contract documents for site grading, play area,
playfields, irrigation, paving an related general park improvements.
• Submittal to and coordination with TDLR related to review, approval and final inspection
including applicable fees.
• Preparation of a storm water management plan.
The scope includes preliminary investigations related to floodway and floodplain issues. Investigations
will include meetings with departments and agencies with overview authority to determine restrictions,
permit requirements, and development options for City consideration. The scope does not include:
• engineering studies and analysis of park areas affected by floodway and floodplain conditions.
• engineering studies on impacts of improvements on floodway and floodplain conditions.
• costs which are associated with permitting other than TDLR as referenced above.
TLA will supply the City with reproducible masters of plans and specifications. It is assumed that all
costs related to bid advertisement and printing of bid documents will be borne by the City.
Phase IV - Construction Administration Services
TLA shall provide the following services during project construction:
• Attend Pre-Bid and Pre-Construction Meetings.
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
2
• Check and make recommendations to Owner related to schedules, shop drawings and work
performed for conformance with the design concept and information given in Contract
Documents.
• Visit sites during construction to keep informed to project progress and respond to inquiries. For
the purposes of this proposal, site visits are estimated at a total of two including final
inspections.
• Render interpretations necessary for the proper execution of work progress with reasonable
promptness and in accordance with general project schedule. All interpretations and decisions
shall be reasonably inferable and consistent with the intent of the Contract Documents and will
be in writing or in graphic form.
• Assist in preparation of Change Orders.
• Determine dates of substantial completion and attend final inspection of the project.
TLA will endeavor in a reasonable manner to guard the Owner against defects and deficiencies in the
work of the contractor. TLA will not be responsible for, have control of or be in charge of construction
means, methods, techniques, sequences, procedures, or safety precautions and programs in connection
with the work, and will not be responsible for the contractor's failure to carry out the work in accordance
with the Contract Documents. Services provided by TLA within this phase are intended to supplement
and not replace traditional inspection and construction management services provided by the City for
construction projects.
Fees for the above referenced scope are included in Attachment B provided as a part of this submittal.
If this agreement meets with your approval, please initiate related contract documents and return one
copy for our files. Please call if you have any questions concerning any of the items herein or
specifically omitted..
Sincerely,
Gary
tilek
The Landscape Alliance
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
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Attachment B
River Trails Park
Fees
Proposed fees for the services outlined above as follows:
Phase I - Site Survey and Investigations......................................... $ 1,750.00
Phase II - Master Planning and Public Input.................................. $ 4,600.00
Phase II - Project Design and Construction Documents................. $ 9,000.00
Phase III - Phase IV - Construction Administration-,...................... $ 1,550.00
Reimbursable Expenses.................................................................. $ 1,050.00
Total Fee................. $ 17,950.00
These fees includes all primary services described in the phase outline, to be provided by TLA and its
consultants. Fees will be billed on an hourly basis, based on services actually rendered. The City will be
advised in advance of any anticipated changes in services which will impact the fee. Items not
specifically included in the fee are additional expenses and services which are referenced below.
1. Application and review fees (other than TDLR as referenced in Attachment A) will be charged at
actual cost .
2. Any additional service such as expanded plans, engineering studies, site visits beyond those as
described, or other items not referenced herein will be charged as an additional service cost, if
required and approved by the City.
A statement of charges for services will be submitted by the I` of each month and will be payable
within thirty days by the City. All accounts past due sixty days from the date of statement will be
charged interest at a rate of 12.0% per year for the unpaid balance. It is understood that this agreement
may be cancelled at any time by you and payment shall be due based on the above method of
computation only on work performed or expenses incurred to date of cancellation.
The Texas Board of Architectural Examiner's has jurisdiction over a professional's practice and may be
contacted at P.O. Box 12337, Austin, Texas 78701-2337, (512) 305-9000.
951 W. Pipeline Rd., Suite 111D, Hurst, Texas 76053 Metro: (817) 589-8909
ATTACHMENT 8