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HomeMy WebLinkAboutContract 43928STANDARD AGR 6 thi t&f-3 u t,15q COWIEIVAgicir VC0 CITY OF FORT WORTH, TEXAS E:EMi EN T FOR ENGINEERING RhLATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Gary Paul Kutilek d/b/a The Landscape Alliance, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Park Improvements at Northwest Community Park. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be $188,790.00 as 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, 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. (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 1 of 17 OFFICIAL RECORD.] CRTY SECRETAPY Nip Pl9f7fd'P�I� �Fn 1-23-1 2 PO J: 3b IN (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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 2 of 17 (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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 3 of 17 (3) 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. 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 — Not Applicable • ENGINEER'c knowledge, information, and belief from selective sampling and observatton that the work has progressed to thc point indicated Such recommendations do not represent that continuous or detailed examinations have been martain that the construction contractor has completed the work in exact accordance with the Contract Documents; that +hc final work will be acceptable in all respects that the ENGINEE° has made an examination to ascertain how or for what purpose the construction contractor has .usod thc moneys paid; that title to any of thc work, materials, or equipment has passed to the CITY free and cl ar of liens, claims, security interests, or encumbrances; or that there arc not other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 4 of 17 matters at icsue between the CITY and the construction contractor that affect thc 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. • In accord with the City of Fort Worth Business Diversity Ordinance No. 20020 12 2011, as amended, thc City has goals for the participation of minority bucinece enterprises and/or mall bustnecc enterprises in City contracts Engineer acknowledges thc MBE and SBE goals eotablishod for nt 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 parting in City contracts for a pcnod of timc of not lees than throe (3) y ars. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has coals 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 5 of 17 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 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 insured 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 by endorsements that would alter or nullify: premises/operations, products/completed operations contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 6 of 17 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 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 — the 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 7 of 17 required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. 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. 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 request required insurance documentation 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 $250,000.00 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. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 8 of 17 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 final payments. 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. 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 9 of 17 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 10 of 17 required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. 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 prepared in accordance with Attachment D. 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 — N/A (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 asks 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 11 of 17 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 bnng a claim against ENGINEER 1. 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. (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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 12 of 17 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 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 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 in 5 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 13 of 17 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 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 hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 14 of 17 willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean 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. 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. 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. 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: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 15 of 17 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 Executed and effective this the BY: CITY OF FORT WORTH CSLthan Alanis Assistant City Manager APPROVAL RECOMMENDED: By day of 01,41dfrr--- , 2012. Y �f Richard Zavala Director, Parks and Community Services APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 16 of 17 100 R P/r,,N 4•CrA, en0000gogyn 0as Frei laD2 cars tint y f 1-1,7y.77 » Jr`ft\ BY: ENGINEER Gary Paul Kutilek d/b/a/ The Landscape Alliance Na Title Date: 11 f M&C No.: C-25888 M&C Date: September 25, 2012 • OFFICIAL RE©ORD CITY SECRETARY P1!. WORTH, iX City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 17 of 17 The Landscape Alliance site planning landscape architecture irrigation June 13, 2012 Joel McElhany Parks and Community Services Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115-1499 Re: Northwest Community Park Dear Joel: • ATTACHMENT A I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide professional services related to the design and development of park improvements at the newly acquired Northwest Community Park. Services are consistent with requirements of the Texas Parks and Wildlife Grant for this project as well as other requirements by the City we have discussed during the scoping of this project. These services include: • A topographic survey of the park area to receive primary improvements • Preparation of a Master Plan for the park site to guide future site development. • Geotechnical investigations of dam area and parking area to guide engineering decisions. • A cultural resources survey of affected park areas. • Design and engineering of dam improvements included in this development phase. • Design of park improvements included within the scope of the approved grant. • Undertake an architectural study of the existing house on the site to determine it's potential for public use and investigate opportunities and constraints. The project scope will further include the following phases of work, some of which may occur concurrently: Phase I - Survey. Site Investigations and Base Plan This phase will include preparation of a.survey and base maps of the project area in sufficient detail to provide adequate and accurate infozination on site conditions to guide design and engineering of proposed improvements. The survey will include primary areas planned for development along with downstream sections along the creek and detail at the eastern park boundary where flow meets FM 156. The survey will conform to GPS standards and will be prepared by Spooner & Associates, an MWBE firm. A copy of the survey proposal is attached to this agreement as Attachment B. Geotechnical investigations will be undertaken to guide design decisions related to the existing dam. A total of four (4) borings will be conducted related to the dam and one related to the future parking area. A copy of the geotechnical proposal is attached to this agreement as Attachment C. 951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909 An archeological survey, by Alan Skinner, will be conducted in areas that are impacted by currently planned improvements to comply with State requirements related to historic and cultural resources. It has been represented that limited clearing by City crews will be performed to facilitate field work in heavily vegetated areas. Fees associated with these activities assume that this clearing will occur prior to the required field work. Phase II - Master Plan TLA will prepare a Master Plan for the entire site to guide currently planned and future improvements on the site. This effort will be directed by the PACSD staff and is not anticipated to include community input. The product of this phase will be a rendered master plan of the park and recommendations for subsequent phased development including currently funded improvements. Phase III - Dam Analysis and Engineering TLA will retain CP&Y Inc. to perform investigations and a dam breach analysis, design alternatives and preparation of construction documents to remediate the Walnut Lake Dam. A detailed outline of proposed services to be provided by CP&Y within this phase is attached as Attachment D. Phase IV - Park Improvements Design and Construction Documents The scope of proposed improvements includes parking, playfields, trails, dock and canoe launch, picnic areas, signage, vegetative restoration and related improvements based on a budget represented to be $395,000. The project will be pursued in close cooperation with the PACSD and key staff members through design development. Specific site elements will be confirmed, products selected and refined cost estimates prepared. Following approval and authorization by the designated representative of the City TLA will proceed to the preparation of Construction Documents. TLA and its consultants will prepare final plans, specifications and contract documents for construction and development of the improvements as referenced herein. As a precedent to final documents, we will provide a 95% City review submittal. This will consist of three (3) full size sets of plans on bond paper, one mylar cover sheet and three copies of the bound spec book. Our firm will prepare and make required TDLR submittal and will prepare SWPPP and related construction documents. TLA will review and make recommendations related to submitted bid proposals Phase V - Architectural Review of Existing Residence Magee Architects will prepare an architectural, structural and mechanical review of the existing residence on site to deter nine adaptability of the structure for public uses and probable improvements. Studies will be based on programming options as determined during meetings with City staff. An outline of services to be provided by Magee Architects is attached as Attachment E Phase VI - Construction Administration TLA and CP&Y (related to Walnut Lake Dam) shall provide the following services during project construction. • Attend pre -bid and pre -construction meetings. • Keep the City informed of construction progress. 951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909 2 Check and make recommendations to Owner's representative related to schedules, shop drawings and work performed for confonthance with design concept and information given in Contract Documents. 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. Site visits by TLA will generally occur weekly during construction activities. Construction administration by TLA is meant to supplement but not replace inspection services normally provided by the City. MWBE Participation TLA will engage the services of recognized local sub -consultants to achieve the City's goals related to MWBE participation. Proposed MWBE members will include: • Spooner & Associates will provide survey services for the projects area. • CP&Y Inc. will provide design and engineering of improvements related to Walnut Lake Dam. • It is anticipated that these combined MWBE participants will secure over 50% of the total fee referenced herein. Fees The proposed fee for the services outlined above is $188,790.00 This fee includes all primary services described in the phase outline to be provided by TLA and its consultants. A schedule of proposed fees by phase and firm is included herein as Attachment A. 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. Advertisement, printing, and reproduction associated with bidding. 2. Permit application and review fees other than TDLR as referenced above. 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 1st 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 3 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. Sincerely, The Landscape Alliance Gary P. Kutilek, RLA GPK/cb 951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589 8909 4 ATTACHMENT A NORTHWEST COMMUNITY PARK PROJECT TEAM, PHASING AND FEE DISTRIBUTION PROJECT TEAM LANDSCAPE ARCHITECT AND PRIME CONSULTANT: The Landscape Alliance 951 W. Pipeline Rd., Suite 410 Hurst, Texas 76053 CIVIL ENGINEER: *CP&Y Inc. 1820 Regal Row, Suite 200 Dallas, Texas 75235 SURVEYOR: *Spooner & Associates 309 Byers Street, Suite 100 Euless, Texas 76039 GEOTECHNICAL SERVICES: CMJ Engineering 7636 Pebble Drive Fort Worth, Texas 76118 ARCHEOLOGICAL SURVEY' AR Consultants 805 Business Parkway Richardson, Texas 75081 ARCHITECTURAL SERVICES• Magee Architects, L.P 2824 W. 7th St., Suite 100 Fort Worth, Texas 76107 TDLR REVIEW AND INSPECTION: Accessology 2200 Morriss Road, Suite 300 Flower Mound, Texas 75028 * Designates approved M/WBE Consultants • 951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909 5 ATTACHMENT B • • PHASING AND FEE DISTRIBUTION PHASE I - Survey, Site Investigations and Base Plan Spooner & Associates CMJ Engineering AR Consultants PHASE II - Master Plan $ 19,440.00 $ 17,300.00 $ 5.500.00 Subtotal $ 42,240.00 The Landscape Aliiance $ 6,500.00 Subtotal $ 6,500.00 PHASE III - Dam Analysis and Engineering CP&Y Inc $ 86.530.00 Subtotal $ 86,530.00 PHASE IV - Park Improvements Design and Construction Documents including coordination of other consultants The Landscape Alliance $ 44.050.00 Subtotal $ 44,050.00 PHASE V - Architectural Review of Existing Residence Magee Architects L.P $ 7,430.00 * Phase VI fees related to Construction Administration by TLA and CP&Y are included in referenced design fees for Phases III and IV. Total Professional Services Distribution: The Landscape Alliance (26.9%) CP&Y Inc. (46 %) Spooner & Associates (10.4%) CMJ Engineering (9.2%) AR Consultants (2.9 %) Magee Architects L.P (4%) Accessology ( .6 %) Reimbursable Costs Total Professional Fees $187,790.00 $ 50,550.00 $ 86,530.00 $ 19,440.00 $ 17,300.00 $ 5,500.00 $ 7,430.00 $ 1,040 00 $ 1,000 00 $ 188,790.00 951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909 6 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Amendments to the Standard Agreement are shown by strike-thru/underlined insertion format within the body of the Agreement. • AI IACHMENT E NORTHWEST COMMUNITY PARK LOCATION MAP • i . 1" a9 -1_ B )NDS RANCH !tr-it La BAILEY BOSWELL MCLEROY Marine Creek L LONGHORN rent Cr LONG HICKS TE ZP,IINAL Q 1- Q 1- J GCLOEN TRIANC LE TAEZANT B SSWCJD TER 4 CENT ;R City of Fort Worffi2 'in Mayor and Council Comnmnicatio COUNCIL ACTION: Approved on 9/25/2012 DATE: Tuesday, September 25, 2012 LOG NAME: 8ONW COMMUNITY PARK TLA AGREEMENT SUBJECT: Authorize Acceptance of a Texas Parks and Wildlife Urban Outdoor Recreation Grant in the Amount of $1,000,000.00, Authorize Use of the Value of a Portion of Northwest Community Park in the Amount of $1,000,000.00 as the Local, In -Kind Match for the Grant, Authorize Execution of an Engineering Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance for the Design and Engineering of Park Improvements for Northwest Community Park in the Amount of $188,790.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: C-25888 1. Authorize the acceptance, by appropriation, in the amount of $1,000,000.00 in State funds from the Texas Parks and Wildlife Department Local Grant Program; 2. Authorize the use of the value of a portion of Northwest Community Park estimated in March of 2011, in the amount of $1,000,000.00 as the local, in -kind match for this grant; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,000,000.00, which includes the amount of $1,000,000.00 in land credits for the City's in -kind local match for the grant, upon receipt of the grant; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park Dedication Fees Fund in the amount of $83,790.00 from available funds; and 5. Authorize the execution of an engineering Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance in the amount of $188,790.00 for the design and engineering of park improvements for Northwest Community Park. DISCUSSION: The purpose of this Mayor and Council Communication is to accept, by appropriation, a grant in the amount of $1,000,000.00 from the Texas Parks and Wildlife Department Local Grant Program that will be utilized for first phase development and improvements at Northwest Community Park (Park), a 245-acre tract of land located at 8575 Blue Mound Road. As part of the first phase of development, Staff recommends that the City enter into an engineering Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance to create a master plan, design and prepare construction documents. The total amount of this Agreement will be in the amount of $188,790.00, which consists of the amount of $105,000.00 in grant funds and the amount of $83,790.00 from the Park Dedication Fee Fund Staff considers this fee to be fair and reasonable for the scope of services proposed. Improvements to the Park will include dam reconstruction, access road and parking improvements, hard and soft surface trails and various other park improvements. Logname: 8ONW COMMUNITY PARK_TLA AGREEMENT Page 1 of 3 The Texas Parks and Wildlife Department (TPWD) Recreation Grants Branch administers the Local Park Grant Program, which includes the Urban Outdoor Recreation Grant. The TPWD assists local units of government with the acquisition and/or development of public recreation areas and facilities throughout the State of Texas. The Local Park Grant Program provides matching fund reimbursement grants to eligible local governments. Under this grant program, land can serve as a match for state funds. On March 1, 2011, (Resolution No. 3971-03-2011) the City Council authorized the City Manager to apply for the Urban Outdoor Recreation Grant in the amount of $1,000,000.00 from the Texas Parks and Wildlife Department At that time, the City was negotiating for the purchase of the Park and used the value of the Park as the source of the local match. On June 14, 2011, (M&C L-15210) the City Council authorized the purchase of the Park for the amount of $7,000,000 00 On August 25, 2011, (City Secretary Contract No. 42309) the City of Fort Worth was awarded the grant in the amount of $1,000 000.00 and the City entered into a grant Agreement with TPWD on September 21, 2011. Total funding for design and development is in the amount of $1,083,790.00, including the Texas Parks and Wildlife Urban Outdoor Grant in the amount of $1,000,000.00 and Park Dedication Policy fees in the amount of $83,790.00 M/WBE - The Landscape Alliance is in compliance with the City M/WBE Ordiance by committing 56 percent M/WBE participation. The City's goal on this project is 14 percent. It is anticipated that construction of the project will begin in January 2014 and be completed by September 2014. Northwest Community Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Finance Director certifies upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund. FUND CENTERS: TO Fund/Account/Centers 1 3) GR74 451940 080306838000 2 3) GR74 488279 080306838000 3) GR74 5 (VARIOUS) 080306838830 3) GR74 541110 080306838030 4)C281 441012 801909990100 4)C281 541200 801909990100 $1.000.000.00 $1.000.000.00 $1.000.000.00 $1.000.000.00 $83.790.00 $83,790.00 CERTIFICATIONS: Submitted for City Manaaer's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers 5)C281 531200 807470194530 5)GR74 531200 080306838030 Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) $83.790.00 $105.000.00 Logname: 80NW COMMUNITY PARK_TLA AGREEMENT Page 2 of 3 1. 29 80NW Community Park TLA Aareement(JCT 8-812).PDF (CFW Internal) 2. 80NW COMMUNITY PARK TLA AGREEMENT C281 AO12(revised).doc (Public) 3. 80NW COMMUNITY PARK TLA AGREEMENT GR74 AO12 (revised) doc (Public) 4. AERIAL - NORTHWEST COMMUNITY PARK111 odf (Public) 5. NW Comm Park MWBE PDF (CFW Internal) 6. NW Comm Pk FAR C281.odf (CFW Internal) 7. NW Comm Pk FAR GR74.r df (CFW Internal) Logname: 80NW COMMUNITY PARK TLA AGREEMENT Page 3 of 3