HomeMy WebLinkAboutContract 44578�y�VV �ECi3�"6'A�? ;
co�r���� ��o �__�
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Gary P. Kutilek d/b/a The Landscape Alliance, authorized to
do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Design
and Engineering Services for Sandy Lane Park Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of $77,800.00 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
Slandard Agreement for Engineering Related Design Services —
PMO Official Release Date: 1/28/2013
Page 1 of 16 QFFICIAL RECORlD
� RECEIVED�1u�����1� �IYYSE�RETA�tY
; �T. VIIORi'�I, �'X
(4) In the event of a disputed or contested billing, oniy 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.
�
'�
C.
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.
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.
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
specified in Attachment A
, ,
furnished by the CITY, unless otherwise
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO O�cial Release Date: 1l28/2013
Page 2 of 16
(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 O�cial Release Date: 1/28/2013
Page 3 of 16
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of perFormance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and perFormance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of perFormance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 4 of 16
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
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
Cily oF Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 5 of 16
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.
The CITY shall be included as an insured under the CGL, using
ISO additionat 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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 6 of 16
acceptable.
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.
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 rnaintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be 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.
City of Fort Worth, Texas
Standard Agreement for E�gineeri�g Related Design Services
PMO Official Release Date: 1/28/2013
Page 7 of 16
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 $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
City of Fort Worth, Texas
Standard Agreement for Engi�eering Related Design Services
PMO Official Release Date: 1/28/2013
Page 8 of 16
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 9 of 16
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's perFormance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
City of Fort Worth, Texas
Sta�dard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 10 of 16
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 11 of 16
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
���1���
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 12 of 16
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:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO O�cial Release Date: 1/28/2013
Page 13 of 16
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.
H. 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
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO O�cial Release Date: 1/28/2013
Page 14 of 16
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.
K. 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:
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO O�cial Release Date: 1/28/2013
Page 15 of 16
Executed and effective this the -�� t 1-day o�y�'�7c�2013.
City
BY:
CITY OF FORT WORTH
�
usan Alanis
Assistant City Manager
Date: �a as
APPROVAL RECOMMENDE
:
Se
;hard Zavala
rector, Parks and Community
APPROVED AS TO FORM AND
LEGALITY
By:
Douglas W. Blac
Assistant City Attorney
ATTEST: �
� —_
� ' � �Q
�O
�� ' ;l-� � � �
J. K�y r �,,��'
City of Fort Worth, Texas
Siandard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 16 of 16
'�.
BY:
ENGINEER
Gary P. Kutilek d/b/a The Landscape Alliance
M&C No.: C-26303
M&C Date: 6/4/201
�� ~ �
opoa���1
,� �
0
°0+'4,1
O '+� `
F
o��.� �
�FFICIAL RECOf3D
CITY SECRE�'�►R�
F4. WOR1'H, T3t
ATTACHMENT A
�`� Tlxe Landscape Alliance
_�— site planning landscape architecture irrigafion
iviarch 4, 2013
I�ric Seebock
Parks and Community Services Department
City of Fort Wortl�
4200 South f�reeway, Suite 2200
Fo�-t Worth, Texas 76115-1499
Re: Sandy Lane Park
Dear I;ric:
I apprcciate the oppoi•tunity to submit The Landscape Alliance's (TLA) proposal to provide professional
services related to the design and development of park improvements at Sandy Lane Yark. Services are
consistent with 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 primaiy improvements.
• Preparation of a Master Plan for the park site to guide future site developn�ent.
• Geotechnical investigations of roadway, bridge and sheiter areas to guide engineering decisions.
• Design and engineej•ing of roadway, drainage and crosion control improvements included in this
development phase.
• Design of park improvements included within the scope of thc project
"l�he project scope will fiu-ther include the following phases ofwork, soine of which may occur concurrcntly:
Yhase I- Survey, Site Investigations and Base Pl�n
This phase wil] include preparation of a survey and base maps of the project area in sufficient detail to
provide adequate and accurate information on site conditions to guide design and engineering of proposed
improvements. The survey will include primary areas planned for development along with streain/slope
sections along the creelc in areas of significant and threatening erosion. The suivey will conform to GPS
standards and will be prepared by Spooner & flssociates, an MWBE firm. A copy of the survey proposal
is attached to this agreement as Attachment B. Geotechnical investigations will be undertalcen to guide
design decisions related to the parlc drive and anticipated improvements
Yhase Il - Master Plan
"1'LA will prepare a Master Plan for the entire site to guide currently planned and fiiture improvements on
the site. 'I�his effort will be directed by the PACSD staff and is anticipated to include one community input
meeting and one presentation meeting. The product oi'this phase will be a rendered master• plan of the park
and recommendations for subsequent phased development including currently funded improvements.
95l W. Pipeline Rd., Suitc 41Q, Hurst, Texas 76053 Metro: (817) 589-89Q9
Phase III - ltoadwnv, llrainage and Erosion Control/Slope Protection
"1'LA will retain the tia�m of Hamilton Duffy P.C. to assist in determining appropriate solutions to
compromised areas affecting the park drive, storm drain, site utilities, and continually eroding areas oi'the
stream banl<. This required work will be initiated separately from other park improvements to determine
tlie cost and location oi'required improvements that will influence the design and location of other planned
parl< improvcments. This phase will include coordination with the Corps of Fngineers and preparation of
lhe required nationwide permit submittal consistent with our recent meeting with the COE.
1'hase IV - Parlc Im�rovements Design and Construction llocuments
The scope of other proposed improvcments includes a playground, trails, shelter/pavilion, tennis court
iinprovements/conversion, limited security lighting, practice soccei• �ield, multi-use siab, pedestrian bridge
over minor drainage channel, and misccllaneous furnishings such as a drinking fountain. The budget for
improvements anticipated in Phases III and IV is represented to be $626,546. "l�he project will be pursued
in close cooperation with the PACSD and key staff inetnbers through design developinent. Specific site
elements will be confirined, 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 Docwnents. 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 50%, 90%, and 100% City submittals with generalized cost estimates.
1'he 90% submittal will consist of three (3) full size sets of plans on bond paper, one mylar cover sheet and
three copies of tl�e bound spec boolc. Our firm will prepare and make required TDLR submittal and will
prepare S WPPP and related construction documents. TLA will review and make recommendations related
to submitted bid proposals.
Phase V - Construction Administration
TLA and it's consultants shall provide the following seivices during project construction.
• Attend pre-bid and pre-construction meetings.
• Keep the City informed of construction progress.
• Checic and make recommendations to Owner's representative related to schedules, shop drawings
and work performed ior conformance with design concept and information given in Contract
Documents.
• Render interpretations necessary for tlze proper execution of worlc progress with reasonable
promptness and in accordance with general project schedule. All interpretations and decisions shail
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.
• Dctenninc dates of substantia] completion and attend final inspection of the project.
1'LA will cndcavoi•, 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,
mcthods, tcchniques, sequences, procedures, or safety precautions and programs in connection with the
work, and will not be responsible for the contracto��'s failure to cariy out the work in accordance with tlie
Contract Documents. Site visits by TLA will gcnerally occur weekly during construction activities.
951 W. Pipeline Rd., Suite 410, Hurst, Tex�s 76053 Metro: (817) 589-8909
2
Construction administration by TLA is meant to supplement but not replace inspection services nonnally
provided by the City.
MWBE Partici�ation
TLA will engage the services of a recognized local sub-consultants to achieve the City's goals related to
MWBE participation. Propased MWBE members will include Spooner & Associates which will provide
survey sea•vices for the projects area. It is anticipated that the MWBE participant will secure 19.8% of the
totalfcc rcfcrenced herein.
Fees
'I'he prvposed fee for the services outlined above is $ 77,800.00. This fee includes all primary services
describcd in thc phasc outline to be provided by TI,A 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 changcs in scrviccs which will impact the fee. Inciuded in the proposed fee are costs associated
with repraduction and travel related to the production of the contract products. Items not specifically
included in the estimated fee include:
Advertisement, printing, and reproduction associated with bidding.
Permit application and review fees other than TDLR as referenced above.
Additional services or other items not referenced or inferred herein will be charged as an additional
service cosi if requu�ed and approved by the City.
�1 statement of charges for• services will be submitted by the ls` 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 worl< performed or expenses incuired 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
�
�G�.���'�
Gaiy P. Kutilek, RLA
GPK/cb
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909
3
ATTACHMENT li
SANDY LANF, PARK
PI20,TECT T�AM, PHASING AND F�� DISTRIBUTION
I'ROJECT TEAM
LANDSCAPE ARCHII'ECT AND PRIME CONSULTANT:
The Landscape f111iance
951 W. Pipelinc Rd., Suite �10
IIurst, Texas 76053
CIVIL ENGINEER:
Ilamilton Duffy P.C.
8241 Mid Cities Blvd. #100
North Richland Iiills, Texas 76180
SURVL;YOR:
�`Spooner & Associates
309 Byers Street, Suite 100
Luless, Texas 76039
GEOTECHNICAL SERVICES:
CMJ Engineering
7636 Pebble Drive
Port Worth, Texas 76118
S"1'RUC"I�UI�L �NGINEERING:
Callahan Engineering
817 W. "1'ucker
Fort Worth, Teaas 76104
ELI;C"IRICAL F.,NGINFF,RINCr:
13aird Hampton Brown
6300 Ridglea Place, Suite 700
F'ort Worth, Texas 76116
'I,DLR REVIEW AND INSPLCTION:
Accessology
2200 Morriss Road, Suite 300
Flowcr Maund, Texas 75028
* Designatcs approved M/WB� Consultants
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909
4
PHASING AND FEE DISTRIBUTION
PHASE I- Survey, Site Investigations and Base Plan
Spooner & Associates ..............
CMJ Engineering ......................
The Landscape Alliance.,......,..,
PHASE II - Master Plan
....................... $ 15,212.00
....................... $ 5,000.00
....................... $ 1,000.00
Subtotal $ 21,212.00
� ....................... $ 4,500.00
Subtotal � 4,500.00
The Landscape Alliance ....
PHASE III - Roadway, Drainage and Erosion/Slopc Protcction
Hamilton Duffy P.C.......
The Landscape Alliance.
................ $ 18,900.00
................ $ 2,000.00
Subtotal $ 2Q,900.00
PIIASE IV - Parl< Improvements Design and Construction Docuinents
including coordination of other consultants
The Landscape Alliance...
Callahan Engineering.......
Baird Hampton Brown.....
Accessology .....................
PHASE V - Constuction Administration
The Landscape Alltance
Hamilton Duffy P,C. ....
Accessology ....... . ...........
Subtotal
........................
........................
$ 15,258.00
$ 5,000.00
$ 2,500.00
$ 430.00
$ 23,188.00
$ 4,500.00
$ 2,000.00
$ 500.00
$ 7,000.00
• 'Total Professional Set•vices ................................................................... $ 76,800.00
Distribution: The Land�cape Alliance (35.5%) ...................................... $ 27,258.00
Hamilton Duffy P.C. (27.2%) ........................................... $ 20,900.00
Spooner & Associates (19.8%) ............................................ $ 15,212.00
CMJ Engineering (6.5%) .................................................. $ 5,000.00
Callahan F,ngineering ( 6.5 %) ......................................... $ 5,000.00
Baird Hampton Brown ( 3.3%) ......................................... $ 2,500.00
AccessologY � 1.2 %) .......................................................... $ 930.00
• Reimbursable Costs .............................................................................. $ 1,000.00
• Total Pr•ofessional Fees ......................................... ..... $ 77,800.00
............................
951 W. Pipeline Rd., Suite 410, Hurst, 'Texas 76053 Metro: (817) 589-8909
5
ATTACHMENT C
Design and Engineering Services for Sandy Lane Park Improvements
No Amendments to Standard Agreement for Engineering Services in this agreement.
ATTACHMENT D
Design and Engineering Services for Sandy Lane Park Improvements
No Schedule to Standard Agreement for Engineering Services in this agreement.
ATTACHMENT E
Design and Engineering Services for Sandy Lane Park Improvements
Location Map — Mapsco 80 C
'j �>t <��S1�R �35=��' � '����� '. Y r _.'':
� ,� ��� :-�,y /��t�' � -' : ,,*�
����r� `� ; � � �� � '� �`�` ��i .�r
� � ` : :- � tt ���v�.i � .� � '` �� .
� �=, � �
�: �"' ,� �
f ' � n (� r � �� � � � � ., . �?• �, .f
�`� � f� �� �� ��
+��� � F� ��-�1 �`� ���� a ��I
-� �, .. ,,. �, � .rpE.t
,��/ it
9
€ 1-� a � i`P � y' x. I+!" 1 ��� :,,:� . 7
IL-; 1 .
y �y /� tF�
� � 4
� Ci� r�, v-i 3i sl � ./' k' " :.
C !,,�< � 2t� I�L �.. i ..�: i�.�vl .
1 3 , \ �- I� I
��r� ` .•:t� �' :�' ���'� .�. �15-� � � S �'�:
� � (s � r �� 7 ��.'�1� ��� � 7 s� �i��
' A rE T.� i �I �i f�tR[} a 3 ��
� S � ��t � 1 i � � { 4u�t � � '��..����-p" � , � .:+' � 4` i :'s �',ii
�'i �;�:; � �� . � i�.i �',�'�Ty S 1Nl)Z L 1NE Y iR
��,
q �r �r � � � � , ��� �:�i ti �q f
r� 9 r{`r .:' ,+p,T�''� li ��.�i i, j,.
� "'7�"�hli,Jj'
� �F rD..p � � �� f�'I �t�e g t.
� � �� i i 1 lt .� �� i >�
-i�ERn;' 1 i 5�
`r � � �t f , i
,� ,�� ,'� ,"+ � �iF,�€ i�
y R ,¢1 . 1 K-. 1_..
�i 7 l
��� :+ � � Ljl tt .,' }7�. S; � � i:yjt�1
� F � ;.
i � E�^ t_ Yf 7� r 4��'� a Ls s� '� .+._= � � i�t �:-
_ r. �' �y .
- i / ; �`i � � �y
�� __- -��_. . ",, . _- �' -- - ,�: i .- � '---�
� ��7� q�� �
i �
4 ' �� �
� - Y~
ya - � j t�e,:
,r �. ;.".
i { :'.t
K � ,
� �
� 'ln`- s' �
� , �, ��
� �'��-,
� � '� .'�"° _ s
t r ? �3 ' a
, , �t i � �� �
, ��,.�� ';� � ,; r���A ��``'�
/ � +ypp x" � .
. �. r'! -^d 4 -- . - _ . _ - , � � �� � . �— "
City of Fort Worth, Texas
Nlayor and Council Communication
COUNCIL ACTION: Approved on 6/4/2013
DAT�: Tuesday, June 04, 2013 R�FER�NC� NO.: C-26303
LOG NAM�: 80SANDY LANE PARK TLA AGREEMENT
SUB.iFCT:
Authorize Execution of an Engineering Agreement with Gaiy P. Kutilek d/b/a The Landscape Alliance in the
Amount of $77,800.00 for Design and Engineering Services for Sandy Lane Park Improvements (COUNCIL
DISTRICT 5)
R�COMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with Gaiy P.
Kutilek d/b/a The Landscape Alliance in the amount of $77,800.00 for design and engineering services for
Sandy Lane Park improvements.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to provide authorization for the execution
of an engineering Agreement with Gary P. Kutilek d/b/a The Landscape Alliance in the amount of
$77,800.00 to develop a park master plan, design and prepare construction documents for Sandy Lane Park.
Project funding currently available is as follows:
AMOUNT M&C DATE COMMENT
$590,646.00 G-16786 December 8, Parks and Community Services Department Fiscal Year 2010 Gas
2009 Well Expenditure Plan — Gas bonus funds
$57,400.00 G-17817 Februaiy 19, Parks and Community Services Department Fiscal Year 2013 Gas
2013 Well Expenditure Plan — Gas bonus funds
$648,046.00 Total
It is anticipated that an additional $90,000.00 will be recommended for appropriation to the project upon the
award of the actual construction contract. These funds are available for use in Sandy Lane Park as the result
of the execution of a license Agreement between the City and T— Mobile on December 15, 2009, (M&C
L-14904) for the installation of a communication tower at the park. Upon this additional appropriation, the
total project funding will amount to $738,046.00.
Project elements to be provided in the conceptual master plan as site conditions allow include an accessible
loop trail, a new playground, new group shelter, multi—use slab and drinking fountain, a pedestrian bridge,
security lighting, the repaving of the existing asphalt park road and parking lot, and drainage improvements
along a portion of the creek area.
Staff considers this fee to be fair and reasonable for the scope of services proposed.
M/WBE Office: Gary P. Kutilek d/b/a The Landscape Alliance is in compliance with the City's BDE
Ordinance by committing to 20 percent MBE participation on this project. The City's MBE goal on this
projectis 15 percent.
In addition to the contract amount, $5,000.00 is required for design phase project administration, for a total
design budget in the amount of $82,800.00.
Sandy Lane Park is located in COUNCIL DISTRICT 5.
FISCAL INFORMATION:
The Financial Management Seivices Director certifies that funds are available in the current capital budget,
as appropriated, of the Park Gas Lease Project Fund.
FLIND CENTERS:
TO Fund/Account/Centers
� � � �
: 11 : :1 . 1 '� : 1
CERTIFICATIONS:
Submitted for Citv Manager's Office by;,
Originating Department Head:
Additional Information Contact:
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. C282 01736.doc
2. V�IWIiE Com�liance Memo.�df