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HomeMy WebLinkAboutContract 51312 CITY SECRETARY 11 CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR 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 ("Consultant"), for a PROJECT generally described as: Texas Parks and Wildlife Department Local Park Grant Program Applications for Diamond Hill Community Center and North Z Boaz Park. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Texas Parks and Wildlife Department Local Park Grant Program Applications for Diamond Hill Community Center and North Z Boaz Park. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. (3) All work necessary for the submittal of the application(s) will be completed by September 28, 2018. Any work required beyond the submittal will need to be completed by October 31, 2018. Article II Compensation Consultant shall be compensated an amount up to $17,350.00 in accordance with the Fees Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ' Article III RECEIVED Term SEP 2 5 2018 O FFICIAL RECORD CITY OF SORT &ort Worth,Texas CRQTARY CITXSECHE and Agreement for Professional Services TH TX Revision Date:11.07.17 A Page 1 of 9 Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on 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 IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF(i)ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement 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 City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Attachment "A" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) 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 any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant 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, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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. Article XIV 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. Article XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 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. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand- delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Bryan Lyness, RLA Park & Recreation Department 4200 South Freeway, Ste. 2200 Fort Worth, Texas 76115 Consultant: The Landscape Alliance Attn: Gary P. Kutilek 951 W. Pipeline Road, Ste. 410 Hurst, TX 76053 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and Counterparts 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/Fee Schedule Attachment B - Project Schedule Attachment C - Location Maps 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 Gary Paul Kutilek d/b/a The Landscape Alliance Fernando Costa QAry P. Kutilek Assistant City Manager Officer Date: Date: APPROVAL RECOMMENDED- By: Ri hard Zavala Di ctor, Park & Recreation Dept. OFFICIAL RECORD CITY SECRETARY City of Fort Worth,Texas IF`� WORTH,TX Standard Agreement for Professional Services A Revision Date:11.07.17 Page 8 of 9 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 requirements. M&C No.: Brya s , Piect Landscape Arc M&C Date: APPROVED AS TO FORM AND LEGALITY ATTEST: By: -� Matt Murray Ma J. Kayser Assistant City Attorney City Secretary City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:11.07.17 Page 9 of 9 FT.114l+oR f, TX Attachment "A" Scope of Services/Fee Schedule The Landscape Alliance site planning landscape architecture irrigation August 15,2018 Bryan Lyness Parks and Community Services Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 Re: Urban Indoor and Outdoor Recreation Grant Applications Dear Bryan: I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide professional services related to the preparation of an Urban Indoor Recreation Grant and assistance in preparation of an Urban Outdoor Recreation Grant to be submitted to the State Parks and Wildlife Department for project funding. It has been represented that the intent is to prepare an application for Diamond Hill Recreation Center and assist in an application for N. Z Boaz or Marine Creek Ranch park for the October deadline. It is our intent to collaborate with and utilize the services of Roxane Eley and Magee Architects to assist in this effort. Ms. Eley is retired from the Texas Parks and Wildlife Grants in Aid Section and has extensive experience in grant preparation. Magee Architects has experience in the design of recreation centers and has worked with us on a variety of projects for over fifteen years. Per our meeting,the project scope will include: Grant Preparation. TLA will prepare a grant application for the referenced Urban Indoor project. This effort will include: • Site visits and documentation of conditions. • Meeting with City staff to receive input on building requirements. • Preparation of applicable maps and application forms. • Preparation of program narratives • Coordinate with the City staff to assure necessary and available information is assembled which is to be provided by the City. • Coordination with TRWD Urban Biologist as required. • Preparation of Environmental Assessment and Checklist • Preparation of schematic development plans, graphic building representations and related budget information. • A public hearing will be required, which can presumably be an upcoming Council meeting. TLA will be available to make presentations or answer questions during the public meeting. 951 W. Pipeline Rd., Suite 410, Hurst,Texas 76053 Metro: (817) 589-8909 • Preparation of revisions or supplemental information as required by TPWD review. TLA will assist in preparation of the grant application for an Urban Outdoor grant. It is our understanding that the City will take the lead in preparing this grant and it's components. TLA's involvement is anticipated to include and be limited to: • Assistance in evaluation and selection of a candidate site. • Coordination with TRWD Urban Biologist as required. • Site visit to become familiar with the site potential and related development issues. • Review and edit budget, program narrative, and environmental assessment to be prepared by others. Due to our contacts within the TPWD,it is not anticipated that a trip to Austin will be required by our team members. Ms. Eley resides near Austin and can make the necessary contact throughout this process. If a trip is desired by the FWP&CSD, related expenses for time, travel, and lodging will be considered an additional expense to be reimbursed TLA. Products will include digital copies of the grant applications for submittal to the State and electronic files for the City. Per our meeting,it will be essential that TLA and it's consultants have unrestricted access to key staff members, including yourself, during this process to assure access to departmental files and related information and to receive timely decisions. Information on municipally maintained demographics and related items will be required. It is assumed that your planning staff will be involved in the development of this information and related exhibits,as they have in past grant submittals. TLA will endeavor, with the assistance and input of FWP&CSD staff, to prepare a grant that will maximize the probability of approval and funding. Nothing within this proposal should be construed as an assurance or guarantee that the application will be approved and funded by the State. Fees The proposed fees for the services outlined above is as follows: Prepare Urban Indoor Grant ....................................................... $ 11,750.00 Assist in Preparation of Urban Outdoor Grant............................ $ 5,600.00 Total Services Fee............ $ 17,350.00 This fee 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 of Fort Worth will be advised in advance of any anticipated changes in services which will impact the fee.Included in the proposed fee are costs associated with reproduction and travel related to the production of the contract products. Items not specifically included in the estimated fee include: 1. Printing,reproduction and delivery costs beyond described deliverables. 2. Time and travel costs associated with a trip to Austin by Gary Kutilek(not anticipated). 3. Additional services or other items not referenced or inferred 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 15` of each month for the previous months services and will be payable within thirty days by the City. It is understood that this agreement may be 951 W. Pipeline Rd., Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909 2 cancelled at any time by the City and payment shall be due based on the above method of computation only on work performed or expenses incurred to the 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. If this agreement meets with your approval,please initiate preparation of a standard contract agreement at your convenience. Please call if you have any questions concerning any of the items herein or specifically omitted. Given the compressed schedule, we will started the effort prior to being under contract. Sincerely, The Landscape Alliance l Gary P. Kutilek, RLA GPK/cb 951 W. Pipeline Rd., Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909 3 Attachment "B" "% Location Maps r° de�on� r rr 0 a 0 e r f t 4 a 0 P 9 rijao#sce thil Foe) ro a P a 0 0 0* D Diamond Hill High School Park �6 35 PW fj O B a 0 a i 6 a 0 GL C 4 P1 W E FORTWORTR-, Diamond Hill Park CC S 0 1250 2500 Location Map SCALE:1"=2500'-0" Attachment Location Maps •1 30 FORT WORTH,.) North Z Boaz Park 0 1250 2500 J t • • I' 1 • r r � • J v u i � . � Location M •