HomeMy WebLinkAboutContract 52922-A3 CSC No.52922-A3
AMENDMENT No. 3
TO CITY SECRETARY CONTRACT No. 52922
WHEREAS, the City of Fort Worth (CITY) and The Landscape Alliance,
(ENGINEER) made and entered into City Secretary Contract No. 52922, (the
CONTRACT) which was administratively authorized on the llth day of
October, 2019 in the amount of $81, 827 . 00; and
WHEREAS, the CONTRACT was subsequently revised Amendment No. l in
the amount of $250, 664 . 00 which was authorized by M&C #20-0775 on
October 20, 2020 and Amendment No . 2 in the amount of $26, 560 . 00 which
was administratively authorized on February 20, 2022; and
WHEREAS, the CONTRACT involves engineering services for
the following project:
Marine Creek Ranch Park Project, CPN 102225; and
WHEREAS, it has become necessary to execute Amendment No. 3 to
the CONTRACT to include an increased scope of work and revised fee .
NOW THEREFORE, CITY and ENGINEER, acting herein by and through their
duly authorized representatives, enter into the following
agreement, which amends the CONTRACT:
1 .
Article I of the CONTRACT is amended to include the additional
engineering s e r v i c e s specified in proposal attached
hereto and incorporated herein. The cost to City for the additional
design services to be performed by Engineer totals $20, 838 . 00
(See Attached Funding Breakdown Sheet, Page -4-)
2 .
Article II of the CONTRACT is amended to provide for an increase
in the fee to be paid to Engineer for all work and services performed
under the Contract, as amended, so that the total fee paid by the City
for all work and services shall be an amount of $379, 889 . 00
OFFICIAL RECORD
3 . CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Marine Creek Ranch Park
Prof Services Agreement Amendment Template CPN:102225
Revision Date: November 23, 2021
Page 1 of 4
All other provisions of the Contract, which are not expressly
amended herein, shall remain in full force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City' s
designated Assistant City Manager.
APPROVED:
City of Fort Worth ENGINEER
The Landscape Alliance
Va���i� GyafGri�rato�r aa/- V kg, /W(
Vale riF"Jashington(Apr 6,20 14:44CDT) garyp ut ek(Mar25,202214:10CDT)
Valerie Washington Gary P. Kutilek
Assistant City Manager Owner
DATE: 04/06/22 DATE: 03/25/22
APPROVAL RECOMMENDED:
RichardZavala(Apr 6, 08:54CDT)
Richard Zavala
Director, Park & Recreation Department
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 .
4�&VL C.
Helen D. Florez
Park Planner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Marine Creek Ranch Park
Prof Services Agreement Amendment Template CPN:102225
Revision Date: November 23, 2021
Page 2 of 4
APPROVED AS TO FORM AND LEGALITY: M&C: N/A
DEV, Date : N/A
DBlack(Apr 6,2022 09:19 CDT)
Douglas W. Black
Assistant City Attorney
on
ATTEST: IV�0 °0O
0
0
�oo o
o 00
Tgnnette S. Goo�gll o °
d
d
Jan nette S.Goodall(Apr6,202216:30 CDT) �j 00 0*Id
Jannette Goodall d� OOOOppO°°o 0
City Secretary �.Q nEXAso�
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Marine Creek Ranch Park
Prof Services Agreement Amendment Template CPN:102225
Revision Date: November 23, 2021
Page 3 of 4
FUNDING BREAKDOWN SHEET
City Secretary No. 52922-A3
Amendment No. 3
Department Fund-Account-Center Amount
Park &
Recreation 30110-0800450-53305000-102225-009310-- $20, 838 . 00
Dept.
Total : $20, 838 . 00
City of Fort Worth, Texas Marine Creek Ranch Park
Prof Services Agreement Amendment Template CPN:102225
Revision Date: November 23, 2021
Page 4 of 4
The Landscape Alliance
site planning landscape architecture irrigation
February 22, 2022
Helen Florez
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: Marine Creek Ranch Park and Marine Creek Trail (Park to Lake)
Dear Helen:
I appreciate the opportunity to submit The Landscape Alliance's (TLA) amendment proposal to provide
additional professional services related to the development of park improvements for Marine Creek Ranch
Park and of trail improvements for the proposed regional trail from the park to Marine Creek Lake .
Proposed additional services includes the design of a pedestrian bridge along the trail,processing of the park
plat and preparation of easements required for the trail.
In their original services contract, Parkhill Schrickel Rollins anticipated to use of low water crossings to
cross Marine Creek. The design of bridges was expressly excluded from their original services contract.
During the design of the trail, it became evident that a pedestrian bridge was needed along the approved trail
alignment.The added services would provide for the design of the bridge incorporation of this element into
the hydraulic analysis which is part of a prior amendment.Their proposal to our firm is attached and should
be considered part of our proposal. Services will be consistent with the scope outlined within your request.
The original services contract did not include preparation of easements for property owned by others. The
accepted trail alignment includes properties owned or controlled by the Eagle Mountain Saginaw ISD, a
yet to be determined private owner, and a pipeline entity. Services will include the preparation of easements
for the properties owned or controlled by others (an anticipated maximum of three instruments). The
EMSISD easement will be based on a centerline survey of the built trail so that it accurately reflects the
actual trail alignment. Spooner and Associates would conduct this work and their proposal to us is attached.
The final added service would include sheparding the approval of the prepared plat of the park site and filing
of related documents. This service will include coordination with City staff, addressing any issues during
processing and filing of final documents.
Primary proposals from team members Parkhill and Spooner are attached as part of this collective
amendment proposal.
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909
SBE Participation
TLA will engage the services of recognized local sub-consultants to achieve the City's goals related to SBE
participation. Proposed SBE members will include:
I. Spooner &Associates will provide primary plat processing services for the park project..
Fees
The proposed base fee for the services outlined above is$20,838.00.This fee includes all primary services
described in the scope of services outline to be provided by TLA and its consultants. The proposed fee
includes Special Services of platting and geo-technical services. A schedule of proposed fees by firm is
included herein.
• Parkhill Schrickel Rollins. ........................................ $ 12,500.00
• Spooner and Associates (easements)....................... $ 5,130.00
(plat processing)................ $ 1,250.00
• The Landscape Alliance........................................... $ 1,958.00
Total. ............. $ 20,838.00
The City of Fort Worth will be advised in advance of any anticipated changes in services which will impact
the fee. 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 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.
Registration / Right to Practice: 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 contract amendment 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,Hursl, Texas 76053 Metro: (817)589-8909
Parkhill Rollin kel
Rollins
February 21, 2022
Gary Kutilek, RLA
The Landscape Alliance
951 W. Pipeline Rd.,#410
Hurst, TX 76053
Re: Marine Creek Trail— Pedestrian Bridge Engineering Services
Request for Additional Services
Dear Gary:
Parkhill is pleased to provide you with a scope of work and cost proposal for the engineering services
related to the proposed pedestrian bridge located over Marine Creek.
Background
The scope of work listed in the signed agreement calls for a low water crossing to be used to cross
Marine Creek. The design services for pedestrian bridges were listed as an exclusion to the contract.
During the design process it was discovered that, due to the grade difference between the two sides of
the creek, a pedestrian bridge is the best option for crossing Marine Creek in this location.
Task 1 Design
The proposed pedestrian bridge design shall include plan views, elevations, and sections as necessary to
communicate the engineered design.
Task 2 Hydraulic Analysis
The proposed bridge design will be incorporated into the hydraulic model for Marine Creek and adjusted
as necessary to ensure the Base Flood Elevations do not increase as required by the City of Fort Worth,
TX.
Compensation of Services
The fees for the scope of services are provided below.
Total Additional Work $ 12,500.00
We respectfully request an amendment to our agreement for the fee listed above. If you have any
questions or concerns, please feel free to contact me at 817.649.3216 ext. 5429, or at my mobile number,
(817)797-6154.
Sincerely,
PARKHILL
By AP44-
Victor W. Baxter RLA
Director of Landscape Architecture and
Planning Business Development
X:\2020\1047.20\00_ADMIN\00_CONTR\01_FINAL\Ammendment 1\2022-1-5_Marine Creek Request for Additional Services_1047.20
255 North Center Street Suite 200 Arlington,Texas 76011 817.649.3216 Parkhill.com
SPOONER& 309 Byers Street,#100
ASSOCIATES Euless,Texas, 76039
REGISTERED PROFESSIONAL LAND SURVEYORS 817-685-8448
www.spoonersurveyors.com
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is made by and between Spooner and Associates,
Inc. ("Surveyor"), and The Landscape Alliance ("Client/Owner") as of this 23rd day of February in the
year 2022.
Project name: FTW Marine Park Ranch - Easements
Spooner and Associates, Inc. S&A project No. 19122.1E
Eric Spooner, RPLS Client project No.
309 Byers Street,#100 Estimate version 1
Euless,Texas 76039
espooner@spoonersurveyors.com
Client/Owner:
Gary Kutilek, RLA
The Landscape Alliance
951 W. Pipeline Rd.#410
Hurst, Texas 76053
817-589-8909
Spooner and Associates, Inc., 309 Byers Street,#100, Euless,Texas 76039- Ph. 817-685-8448
espooner@spoonersurveyors.com-TBPLS Firm No. 10054900
SPOONER& 309 Byers Street,#100
A§SOCIATESPR Euless,Texas, -84486039
ISTERED OFESSIONAL LAND SURVEYORS 817-685WA E-11 -8448
www.spoonersurveyors.com
AGREEMENT • Give prompt written notice to Surveyor whenever
For and in consideration of the mutual promises contained Client/Owner observes or otherwise becomes
in this Agreement, Surveyor and Client/Owner agree as aware of any development that affects the scope
follows: or timing of Surveyor's services, or any defect or
ARTICLE 1 SCOPE OF SERVICES nonconformance in the work of any contractor.
Surveyor shall provide Client/Owner with services in ARTICLE 5 PAYMENT FOR SERVICES
connection with the Project as described in Scope of Client/Owner shall compensate Surveyor for services
Services (Attachment A). Surveyor shall use the standard of rendered according to the Fee Schedule (Attachment B).
care typically exercised in conducting professional practices These rates are agreed to in anticipation of the orderly and
outlined in the Scope of Services. continuous progress of the Project through completion, and
ARTICLE 2 SCHEDULE OF SERVICES are subject to escalation in accordance with the Fee
Surveyor shall start and complete work as set forth in the Schedule.
Scope of Services. Surveyor shall conduct the work in an ARTICLE 6 PAYMENT TERMS
expeditious manner subject to limitations such as weather, Client/Owner agrees to pay all fees within 30 days of the
information acquisition, date of the invoice. Balances due over 90 days will be
communications, and other factors outside of Surveyor's assessed an interest rate of 1_5% per month (18% per year).
control. Both parties recognize that the schedule of services Client/Owner agrees to pay for any costs of collection
is subject to factors that may be unknown at the time of this including, but not limited to, lien costs, court costs, or
Agreement. If modifications, changes, or adjustments of attorneys' fees involved in or arising out of collecting any
these terms and conditions become necessary, such unpaid or past due balances.
modifications shall be made in accordance with Article 8. ARTICLE 7 INVOICING
ARTICLE 3 AUTHORIZATIONS TO PROCEED Detailed billings will be provided on a monthly basis.
Unless specifically provided otherwise in the Scope of • FIXED FEE
Services, Client/Owner shall give Surveyor authorizations to The invoices will be based on the Surveyor's estimate of the
proceed for each phase of the Basic Services and for each proportion of time spent on each phase of the project at the
Additional Service prior to Surveyor commencing work. time of billing relative to the total fee for those phases, plus
Authorizations may be in writing, or may be verbal, with actual reimbursable expenses.
subsequent confirmation in writing. ARTICLE 8 MODIFICATIONS AND ADJUSTMENTS
ARTICLE 4 CLIENT/OWNER'S RESPONSIBILITIES If specific periods of time for rendering services set forth in
Client/Owner shall do the following in a timely manner so as the Scope of Services are exceeded through no fault of
not to delay the services of Surveyor: Surveyor, or if Client/Owner has requested significant
• Designate in writing a person to act as modifications or changes in the general scope, extent, or
Client/Owner's representative with respect to the character of the Project,all rates,measures,and amounts of
services to be rendered under this Agreement. compensation, as well as the time of performance, shall be
Such person shall have complete authority to equitably adjusted. The Scope of Services related to the
transmit instructions and receive information with Project may be revised or modified to include
respect to Surveyor's services for the Project. supplementary service for any reason upon agreement of
Surveyor may rely fully on information and Surveyor and Client/Owner.
instructions provided by Client/Owner's Client/Owner may modify the scope, extent, or character of
representative. Hereinafter, all references in this the Project, necessitating modifications to the Scope of
Agreement to "Client/Owner" mean Client/Owner Services or Fee Schedule. In each case,the Scope of Services
or Client/Owner's Representative. will be modified in a manner mutually acceptable to the
• Provide all criteria and full information as to Surveyor and Client/Owner, and the Fee Schedule will be
Client/Owner's requirements for the Project, equitably adjusted to accommodate the changes. Any
including design objectives and constraints, space, change to the Scope of Services or the Fee Schedule will be
capacity and performance requirements, flexibility documented in a Contract Change Order, in the form
and expandability, and any budgetary limitations, attached hereto that will become a part of this Agreement.
and furnish copies of all design and construction Should the Surveyor and Client/Owner be unable to agree
standards which Client/Owner will require to be on modifications to the Scope of Services and/or Fee
included in the Drawings and Specifications. Schedule, Surveyor shall have the right to terminate this
• Assist Surveyor by placing at Surveyor's disposal all Agreement as outlined in Article 9.
available information pertinent to the Project, ARTICLE 9 TERM AND TERMINATION
including previous reports and any other data Surveyor's obligation to render services under this
relative to design or construction of the Project, all Agreement will extend for a period which may reasonably be
of which the Surveyor may use and rely upon in required for the services to be provided, including extra
performing the services under this Agreement. work and required extensions. If Client/Owner fails to give
Spooner and Associates, Inc., 309 Byers Street,#100, Euless,Texas 76039- Ph. 817-685-8448
espooner@spoonersurveyors.com-TBPLS Firm No. 10054900
SPOONER& 309 Byers Street,#100
A§SOCIATES Euless,Texas, -8448
6039
ISTERED PROFESSIONAL LAND SURVEYORS
817-685-8448
www.spoonersurveyors.com
prompt authorization to proceed with any phase of services ARTICLE 11 ASSIGNMENT
after completion of the immediately preceding phase, or if Neither Surveyor nor Client/Owner shall assign, sublet, or
Surveyor's services are delayed or suspended by transfer any rights under or interest in this Agreement
Client/Owner for more than three months for reasons without prior written consent of the other party. Any
beyond Surveyor's control,Surveyor may, after giving seven assignments shall be of all rights, obligations, interests, and
days' written notice to Client/Owner, suspend or terminate responsibilities hereunder. Nothing in this paragraph shall
services under this Agreement. prevent Surveyor from employing independent professional
If payment is not received within 90 days of the date of associates and consultants to assist in the performance of
invoice, Surveyor reserves the right, after giving seven days' the services hereunder.
written notice to Client/Owner, to suspend services to the ARTICLE 12 RIGHTS AND BENEFITS
Client/Owner or to terminate this Agreement.Surveyor shall Nothing under this Agreement shall be construed to give any
not be liable to Client/Owner or any third parties for any rights or benefits in this Agreement to anyone other than
damages caused by the suspension or termination of work Client/Owner and Surveyor, and all duties and
for non-payment. Should the Surveyor and Client/Owner be responsibilities pursuant to this Agreement will be for the
unable to agree on modifications to the Scope of Services sole and exclusive benefit of Client/Owner and Surveyor and
and/or Fee Schedule as outlined in Article 8, Surveyor shall not for the benefit of any other party. All reports, field
have the right to terminate this Agreement upon seven days' notes, drawings, and any other documents, data, or
written notice to Client/Owner.Client/Owner may terminate information prepared by Surveyor in conjunction with the
this Agreement for any reason or without cause upon 30 services provided under this Agreement shall remain the
days'written notice to Surveyor. If any work covered by this sole property of Surveyor.
Agreement is suspended, terminated, or abandoned, the ARTICLE 13 SUCCESSORS
Client/Owner shall compensate the Surveyor for services This Agreement is binding on the partners, successors,
rendered to the date of written notification of such executors,administrators,and assigns of both parties.
suspension,termination,or abandonment ARTICLE 14 APPLICABLE LAW
ARTICLE 10 LIMITATION OF LIABILITY AND The terms and conditions of this Agreement shall be
RESPONSIBILITIES governed by the laws of the principal place of business of
The Client/Owner shall hold harmless and indemnify the Surveyor. This Agreement, consisting of these pages
Surveyor from all losses, damages, costs, and expenses together with the Attachments identified above, constitute
which Surveyor may suffer or sustain which result from acts the entire Agreement between Client/Owner and Surveyor
or omissions of any contractor, subcontractor, supplier, or and supersedes all prior written or oral understandings
any of their agents,employees,or any other persons(except related thereto. IN WITNESS WHEREOF, the parties hereto
Surveyor's own employees and agents) at the site or have executed this Agreement, or caused this Agreement to
otherwise furnishing or performing any of the contractor's be executed by their duly authorized official or agent.
work.Nothing contained in this paragraph, however,shall be
construed to release Surveyor from liability for failure to
properly perform duties and responsibilities assumed by
Surveyor under this Agreement.
CLIENT/OWNER SURVEYOR
The Landscape Alliance Spooner and Associates, Inc.
By: By:
Print: Print: Eric Spooner
Title: Title: President
Date: Date:
Spooner and Associates, Inc., 309 Byers Street,#100, Euless,Texas 76039- Ph. 817-685-8448
espooner@spoonersurveyors.com-TBPLS Firm No. 10054900
SPOONER& 309 Byers Street,#100
ASSOCIATES Euless,Texas, 76039
REGISTERED PROFESSIONAL LAND SURVEYORS 817-685-8448
www.spoonersurveyors.com
ATTACHMENT A"SURVEY ESTIMATE AND SCOPE"
Spooner and Associates, Inc. (S&A) will provide professional surveying services on the above mentioned project. The
scope of work of the land surveyor shall be to supply all supervision, technical labor, equipment, services, tools,
consumables, insurance, and pay any applicable sales/use taxes, and all other things required to perform land
surveying in accordance with the technical requirements specified in this Estimate.
Project Name: FTW Marine Park Ranch Trail Easements-S&A 19122.1E
Location of survey: (please see"Attachment C"for more details)
Scope: Right-of-way and Easement Instrument Services
The Surveyor will prepare metes and bounds descriptions with accompanying map exhibit for 2 permanent easement
instruments.
The Surveyor will field locate the newly completed trail and prepare easement documents accordingly.This estimate
assumes permanent 50' easements will be prepared to encompass newly complete trails.
Deliverables
• One electronic executed PDF of the complete instrument for each parcel.
• Existing appraisal district tax card, parent deed and/or plat, map check for each exhibit and all other
supporting documentation.
• Signed and sealed PDF of the final documents. Paper copies are not included.
• All documents will include NAD83 GRID coordinates for the point of beginning, horizontal scaling factors and
basis of bearing information.
Assumptions
Instrument Format: All instruments will strictly follow controlling jurisdiction guidelines and procedures for the
preparation of instrument documents.
Design changes:This estimate includes only one submittal based on a pre-approved design of the project.All changes
due to re-design after the initial submittal for each phase will be invoiced back to the Client/Owner at an hourly cost.
Staking of ROW/Easement Corners: Easement limits will not be staked on the ground in this effort.
Work Schedule:
Easement Services: The Surveyor will have instruments ready for review within 3 weeks from the receipt of written
authorization to proceed.
Spooner and Associates, Inc., 309 Byers Street,#100, Euless,Texas 76039- Ph. 817-685-8448
espooner@spoonersurveyors.com-TBPLS Firm No. 10054900
SPOONER& 309 Byers Street,#100
ASSOCIATES Euless,Texas, 76039
REGISTERED PROFESSIONAL LAND SURVEYORS 817-685-8448
www.spoonersurveyors.com
ATTACHMENT B Fee Schedule
FTW Marine Park Ranch - Pedestrian Trail Easements
Client/Owner shall compensate Surveyor for services rendered in accordance with the following:
SURVEYING SERVICES
ITEM 1) Easement/Right-of-Way Instrument Services
$5,130 Lump Sum Fee
Thank you for this opportunity to work with your team, please do not hesitate to call me should there be any
questions or concerns.
Spooner and Associates, Inc.
Eric Spooner, RPLS
Spooner and Associates, Inc., 309 Byers Street,#100, Euless,Texas 76039- Ph. 817-685-8448
espooner@spoonersurveyors.com-TBPLS Firm No. 10054900
GAS As
1 AS/ GAS LASS-��
1 / q A
/GAS
r
I 1
1 I ` ZGIE M1 eS BAN••:JII��rJnn Gv"fie.---� ,
-
Itl�W I�
I iti I 11� \ PROPERTY LINE
1
1
� 11
r }
E
� E
r � \
I �
LOT 1, BLOCK 1
EAGLE MOUNTAIN-SAGINAW ISD
MIDDLE SCHOOL NO.6 ADDITION
INSTRUMENT NO. D218184065
I
I
PROPOSED TRAIL -
i
f
� 1
\ I
� l
I
\ \ I 1
f
J �
! PROPERTY LINE
r
0 200e 400 'r MARINE CREEK TRAIL
,
r
A
��Fz�s�~$ �� / j. ���? w cs�m�� z
-----------------
Teas= j2j
--------------
CL. 3%:
w
IM
z
EA
WO
E
w
III
HIM; M:11
1111011INI! MIS
. ............. ....
flHHHHH!
(D Cl)
_. cp
CU (D
E
E
2
0 r ri ITS
(D
0--2
11, all CU 0
R.
cl)
0
EE
R I MMid' �hG > E
Nfllilfi' �1
. 1
A,
H p
E a)
a)m (D
In
E (D (D E
x > 0) (D
0 cu U)
0- CU
O
-0 (D
(D o)
CU -0
C: X
0 (D
co o (D
(L) CU
(D (D
> 0
C) CU C:
(D A-- 0
4cu
atL 0
ji
(D 0 CU
'N'4\
(D CU
(D E (D
cn
—fie.,.
2 cu 0)
-j 0-LU c:
f-7 -t (D
cu AZ 0
-Ime C: cn
Or4 j0 0 0
C:
cn
C: (D
o E
(D
C: CU cn
cu 0 CU
Lu
3c