HomeMy WebLinkAboutContract 44578 MARY
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CONTRACT NO*,
CITY OF ORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATE DESIGN SERVICES
This AGREEMENT is between the City of Fart "'"worth, ai Texas hone-rul
mulnici ality (the "CITY""),, anGarr P. K tilel /b�/a The Landscape Alli nce, authorized to
do business in Naxos, (the: "ENGINEER"''), for a PROJECT generally described s.- Design,
and Engineering Services for Sandy Lane lark Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment,A.
Article II
Compensation
A. The E N I N EIS"'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
AGREEM,ENT, 'to, reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for ill work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt..
(31) Upon, completion of services enumerated in Article 1,1 the final payment of
any balance will be due within 30 days of receipt of the final invoice,.
City of Fort Worth,Texas
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MO Official release Cafe. 1/28/2013
Page 1 of 16 OFFICIAL RECORD
CITY SECRETARY
a WORTH,
(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 lof' services, the
ENGINEER shall have no l,iability to CITY for delays or damages caused the
CITY because of such suspension of services.
Arti"cle IV
Obil,i at"ions of the Engin�e r
Amendments to Article IV) if any, are included in Attachment C.
A. General
The ENGINEER will serve, as the CITY's professionals engineering
representative under this Agreement, providing professional engineering
consultation: and advice and, furnishiing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of s,kill 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
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the, CITY concerning the results of same. Such surveys, tests, and
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investigations shall be furnished by the CITY, unless otherwise
specified in Attachmenit A.
pity of Fort Worth,Texas
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(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 evaluatilons,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost, and/or execution. These
conditions and cost/executilon 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 .pd f format, or as
otherwise approved by CI T Y,, 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.
Engl'neer'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 persoinnel in any way responsible for those duties that
belong to the CITY and/or the CI '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 m th dsi, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions, of the construction
work in accordance with the Contract Documents and and 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 oir 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 agreemien,t between CITY and ENGINEER be construed as requin I ng
City oil Fart Worth,Texas
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ENGINEER to make exhaustive or continuous o�n-s,ite 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'
ma:lteria,ls, 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' o operating personnel; and other economic
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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,1 projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
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progress payments to the construction contractor will be: based on the
and bel m
iief from selective sapling
ENGINEER s knowledge, information,
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 lions,1
claims, security interests, or encumbrances; or that there are not other.
City of Fort Worth,Texas
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matters at issue between the CITY and the construction contractor that
affect the amount that shoulI d be paid.
Hi. Record, Dr wings
Record drawings, if req,ui,redi, will be prepared, in part, on the basis of
information compiled and furnished by other, 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.
1. Minorl"ty Business and Small Business Enterprise E)(SBE)
Participlafion
In accord with the City of Fort Worth, Business Diversity Ordinance No.
2 20-1 201 1 1 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 SSE goals established for
this contract and its accepted written commitment to MBE and S
participation. Any misrepresentation of facts (other than a neg,ligent
misrepresentation) and/or the commission of fraud by the Engineer may
resu,l,t, 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 ►ud'i't
(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 rei,aTinig, 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 subcoinsultlant 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 trannsactioins to the subcontract,, and further, that the
CITY shall have access during normal working hours to all subicon;sultant
City of Fort Worth,Teaxas
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facilities, andi shall be provided adequate and appropr,iate work space, in
order to conduct audits in compliance with, the provisions, of this, article
to ther with subsection (3 hereof., CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subs onsulitant 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 $11 000,,000.,00 per each
occurrence with a $12,1000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
sepa stall y to this PROJECT or location.,
i. The CITY shall be included as, an, insured under the CGL, using
ISO adid,itio,nal insured endorsement or a substitute providing,
equivalent coverage, and under the commercial umbrella., if any
This insurance shall appily 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 m leted 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,1
officers, directors, and employees for recovery of damages to, the
extent these damages are covered by the, commercial genera,l
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 over
liability arising, out of 191 any auto"I including owned,, hired, and non-awned
autos, when said vehicle is used in the course of the PROJECT,. If the
engineer owns no vehicles, coverage for hired, or noin-owned, is
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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 lilablility or
colmm�ercial umbrella, liabi,lity insurance obtained by ENG11NEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c., Workers' Comperes at,ioln —ENGINEE,R shall maintain workers
compensation and employers, liability insurance and, if necessaryl
commercial umbrella liability insurance, with a limit of not less thoun!
$100,00�O.,O,O each accident for bodily injury by accident or $1100,0001.00
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' damagels to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbireilla insurance, obtained, by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall, maintain professional
liability, a claims- ado 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 EN:IG,I,NEE,R
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.
it of Fort Worth,,Texas,
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d., Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimuim, of thirty (3 �), 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-playmeinit of premium. Notice shall be sent
to the respective Department Director by name), City, of Fort Worth,
11 000 Throc,kmo!rtoin, Fort Worth, Texas '76102.
f. Insurers for all polliciles must be, authorized to do business in the State of
Texas and have a minimum rating of A or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
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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 'I's 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 cavernge
maintained through insurance pools or risk retention gr upis. Dedicated
financial resources oir 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 CI '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
clairns-ma,de, 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 i,s
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.
1. The CITY shall not be resipoins,ible for the direct payment of any
insurance pr miulms, required b this agreement.
City of Fort Worth,Texas
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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 red for the ENGINEER. When
sub con,su,ltants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation, thereof on a
certificate of'insuranc,e,
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 eva,luation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaiining, the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
0. Perm"Itt"Ing Authorl*tl"es - Design Changes
If permlitting 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
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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,1 if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timellines,s, 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, machi�nery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY grill be responsible for all acts of
the CITY s personnel.
C. Advertisements, Permalts, 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' auuthoiritie,s; and land, easements, rights-
of-way, and access necessary for the ENGINEER'S services or PROJECT
construction.
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D. Timely Review
The CITY will examine the ENGINEER's stud is, 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 mariner 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 affect,s: the scope or
timing i f the ENC NEER's, services or of any defect in the work of the
ENGINEER or construction contractors.
F's Asbestos or Hazardous Substances Release.
C � CITY acknowledges ENGINEER will perform part of the work at C,ITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the g�eneration, 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,1 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 resuilt, 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 IVE. regarding the ENGINEER 11s 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 Worlh,Texas
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no direct action against the ENGINEER, its officers,,
employees, and subcontractors, for any claim arii'ngi out of,
in connection with, r resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2), This AGREEMENT gives no rigsh�ts, 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 persons 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. CITE''s Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(211) The CITY will ensure that Builders Risk/'In stallatioln insurance is maintained
at the replacement, cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the pollicy or documentation of such on a certificate of
i�nsurancel.
(31) The CITY will specify that the Builders. Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PRO�JECT' 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 ENG,INEER, thus AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties,.
K. Chang ea
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 AGRE,EMENT' with appropriate
CITY approval.
City of Fort Worth,Texas
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Article VI
General Legal Provisions
Amendments to Article VI 1i 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,1 specifications, documents, and other work products of
the ENGINEER, whet'her 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 CI '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, Gucci tints, or other events beyond
the control of the ENGINEER that prevent ENGINEER)s, performance of its
obligations hereunder.
Do Termination
(1) This AGREEMENT may he terminated only by the City for convenience on
30 days' written notice. Thi's AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party falls 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 compliete studies, plans,
specifications or other forms of ENGINEER'S work product;
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PMO Official Release Date"1/28/2013
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
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C. The time req,uirements for the ENGINEERS personnel document
the work underway at the time of the CITYS termination for
convenience so that the work elffoirt is suitable for long time storage.,
(3) Prior to proiceedling with termination services, the ENGINEER will
submit to the CITY an iternized statement of all 1 termination expenses. The,
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension�, Delay, or Interruption to or
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 PIROJECT's sched:ule,
commitment and cost of the ENGINEER's personnel and subcontractors,1
and ENGINEER's compensation will be made.
F. Indemn'lificabon
In accordance w'Ith Texas Local Government Code Section 271. 4, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against 11"lab"llity for any damage caused by or resull!ti,n from an act of
negligence, "Intentionai 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 wh*lch the, ENGINEER exercises control.
G. Assignment
Neither party s,h ul�l assign all or any part of this AGREEMENT without the
prior written consent of the other party.
HI. 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,i strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liabiiliity and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and thelir officers, employees, agents, and subcontractors.,
City of Fort Worth,Texas
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`MO Official Release Date: 1/28/2013
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Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENTI
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.
Se ve raWlli fty and Survival
J
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, illegial:, or unenforceable
provision had' never been contained herein. Articles V.F. VI.B., VI.D.7 VI.F.,
VLH., and VI.I. shall survive terraination 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 reguilations which
may exist or may be enacted later by governing bodies having Jurisdiction or
authority for such enactment. No plea of misu�nderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defen d,, 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 V11
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, suplersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by of parties. The following attachments
and schedules are hereby made a part of t is 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
Ciity of Fort Worth,Texas,
Standard Agreemient for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 1 5 of 16
Executed and effe�ctive this the br�tfay o
BY: BY:
CITY OF F10 RT WO R,TH ENGINEER
Gary P. Kutilek d/bi/a The Landscape Alliance
Ak
�,�usani Alanis natory's Name
Assistant City Manager < Itle
Date-", (p I lag I Date:
APPROVAL, RECOMMEND,ED1.
By-
chard Zavala
irector, Parks and Comm u ni ty
if
Servic s
APPROVED, AS 'TO FORM AND M&C No.: 026303
LEGALITY
6/4/2013
M&C, Date.
By., YZ (k
Douglas . Bla
Assistant City Attorney.
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City of Fort Worth,Texas
Standard Agreement for Engineering Related Design,Services
HMO Official Release Date, 1/28�/2013 OFFICIAL RECORD
P�age 16 of 16 0[FF 14C 1,1 :ECORD
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ATTACHMENTA
The Landscape Alliance
site planning landscape rchil Ure irrigation
March 4, 2013
Ere Seebeck
Parks and C'oMrnunity Services Department
a.rtment
City of Fort Worth
4200, South F reewa , Suite 2200
l�ort Werth, '"I"exas 6115-1 499
Ile: Sandy Lane 1)ark
Dear Fr e
1 appreciate the opportunity to submit `Fhe 1,and cape Alliance's TL proposal to provide professional
services related to the design and de elopi-neat of park improvements at Sandy 1.,ane park. Services are
consistent with requirements,t by the City we have discussed durin 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.
'eoteehn cal investigations of roadway, bridge and shelter areas to guide engineering decisions.
Design n a d engineering of roadway, drainage anal ero ion control l irnprvvenents included in this
development phase.
• Design of'park irnpro enients included within the scope of the project.
The project scope will further include the following phases ofwork,some of which may occur c neurrently-
Phase I - Surve Site Invest at.+pus and a Plan
This phase will include preparation of a :purvey and base m p�s of the pr+ eet area in suf Gent detail to
provide adequate and accurate information on site conditions to guile design and engineering of proposed
m
irnpro ernes ts. ,.I"he survey will include primary areas planned. for developnier t along with Cream/slope
sections, along the creek in areas of significant and threatening erosion.n. The survey will conform to GPS
standards and will be prepared by Spooner& Associates, an MWBE firm. A copy of the survey proposal
1s attached to, this agreement as Attachment B., Geateerhnieal investigations will be undertaken to guide
design decisions related to the park drive and a.ntie%pated mpro ements
Phase 11 - Master Plan
TLA will prepare a Master Plan for the entire site to guide currently planned and future improvements on
the site. ��l'his effort will e directed b the ACSD staff and is anticipated to include one community input
meeting and one presentation meeting. The product of this phase will he a rendered master elan ofthe park
and recommendations for subsequent phased development including currently funded improvements.
951 W. IN"p e lu n e Rd.,, Suite 410, H u rst, 'Fexas 76053 Metro: (817) 589-8909
nn naammmamWamiommimnmmmnnmmimmwmmrvmmrvrvmnmmmmmmircwwmnnrvi .... reaW... �^ -.,..°°.°..,,°
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Phase III - Roadway, I rainaaand Erosion Con tro"1111/s,10 Pe Protection
TLA will retain the firm of Hamilton Duff� P.C. to assist in determining appropriate solutions to
compromised areas affecti"ng the park drive!, storin drain, site utilities, and continually eroding areas of the
stream bank. This required work will be initiated separately From other park improvements to determine
the cost and location of required improvements that will influence the design and location of other planned
park improvements. This phase will include coordination with the Corps of Engineers and preparation of
the required nationwide permit submittal, consistent with our recent meeting with the COE.
Phase IV - Park lmp,rpyerrients Desiun and Cons t.r,tx ct ion Documents
The scope of other proposed improvements includes a playground, trails, shelter/pavilion, tennis Court
irnproveni tints/conversion, limited security lighting,practice soccer field,multi-use slab,pedestrian bridge
over minor drainage channel, and miscellaneous furnishings such as a drinking fountain. The budget for
improvernents anticipated in Phases III and IV is represented to be $626,546. The project will be pursued
in close cooperation with the PACS,D 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
onstruction Documents,. TLA and its consultants will prepare final plans, specificati
C ons 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.
The 901 submittal 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 recornmendations related
to submitted bid proposals.
Phase V - Construction Administration
TLA and it's consultants shall provide the following services during project, construction.
/A
ttend pre id and pre-cons,truction meetings,.
Keep the City informed of construction progress.
Check and make recommendations to Owner's representative related to schedules, shop drawings
and work performed for conformance with design concept and irif�
rmation given in Contract
Documents.
Render interpretations necessary for the proper execution of work progress with reasonable
promptness and in accordance with general pro"Ject schedule. All inteq)retations,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.
, 0 1-ncies in the work
TLA will crideavor, in a reasonable manner,'to guard the Owner against defects and deficiencies I
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 fallure to cari-y out the work in accordance! With the
Co�ntract Documents. Site visits by TLA will generally occur weekly during construction activities.
951 W. Pipeline Rd., Suite 4101, Hurst, Texas 76053 Metro: (817) 58'9-8909
2
Construction administration ley ALA is meant to supplement but not replace inspection services normally
provided by the City.
MWRE Pa rtigj patio on
TLA ,will engage the services of a recognized local sub-consultants to achieve the City's goals related to
MWBE participation., Proposed MW'Bf-".members will include Spooner& Associates which will provide
Survey services for the projects area. It is anticipated that the MW BE participant will secure 19.8%of the
total ice referenced herein.
Fees
The proposed fec for the set-vices outlined above is $ 77,800.00, This fee includes all primary services
described in the phase outline to be provided by'FLA and its consultants. Fees will. be billed on an hourly
basis, based on services actually rendered. The City oi rotl 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. Pert-nit 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 I" 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 pert-ormed 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. B x 12337,Austin,
1'exas 78701-2337, (512) 305-9000.
Ifthis 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 specifitcally
omitted.
Sincerely,
The Landscape Alliance
I
kmw-11�
Gary P. KUtilek, RLA
()'rPK/cb
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817): 589-8909
3
ATTACHMENT B
SANDYLANEPARK
PROJKCT TEAM, PHASING AND FEEDISTRIBUTION
PROJECT ']`EAM
LANDSCAPE ARCIIITECT AND PRIMF C'ONSULTANT:
1'he Landscape Alliance
951 W. Pipe fine Rd., Suite 410
1-furst, Texas 76053)
EN('-"fiNEER-
f-lamilton Duffy P.C.
8241 Mid Cities Blvd. #1.00
North Richland, I-Iills, f'exas 76180
-f
SURVE"YOR.-
*Spooner& Associates
309 Byers Street, Suite 100
Euless, 'I"exas 76039
(.'j"EO'FECH'NICA1, SERVICES.-
CMJ Engineering
7636 Pebble Drive
Fort Worth, T'exas 76118
S"I'RUC'I"'URAL, ENGINEERING:
Callahan Engineering
817 W. "I'Licker
Fort Worth "texas 76104
ELECTRICAt. EN(j"'INEERIN(`j',*,
Baird 1-fay ton Brown
6300 Rldglea Place, Suite 700
Fort Worth, 1'exas 76116
TDLR REVIEW AND INSPECTION:
Accessology
2200 Morriss Road, Suite 30�O
Flower MOUnd, Texas 75028
Designates approved M/WBE Cons ult'ants
951 W. : ip fie Rd., Suite 410, Hurst, Texas 76053 Metro.- (81"x) 589-8909
4
——-------------------------
PHASING AND FEE DISTRIBUTION
is PHASE I - ,Surveys, Site Investigations and Base Plan
Spooner & Associates .................................................... $ 155212.00
CM J Engineering..................... .................................. $ 5100.00
The Landscape Alliance................................................. $—IRO&O-00
Subtotal $ 211212.00
1114ASE 11 - Master Plan
e Landscape Alliance ........... ...........
Subtotal $ 4�5010�.00
PHASE, III - Roadway, Drainage and Erolsion/Slopc Protection
Hamilton Duffy P.C.-............... ..... ................... $' 185900.00
The Landscape Alliance.................................................. $ 2,0010�.00
Subtotal 20,9100-00
PHASE IV - lark Improvements Design and Construction Docu-ments
including coordination of other consultants
The Landscape Alliance.............. .............. ........ 155258.00
Callahan Engineering.......................... ...................... 5,00,01.010
Baird Hampton Brown.................................................... l
2150,0.00
Accessology.......................................................... .......... 430.00
Subtotal 23,188-00
PHASE V - Constuctio Adn-iinistration
T h.e Landscape Alliance...........sa.-amo............. 41500-00
Hamilton Duff 1000.00
I y P.0. ............................................. . 2
Accessolo,gy.... ........ ......... ............ ................ 500.00
71000�.00
Total Professional Services ..................................................................x 76�800.00
Distribution-. The Landscape Alliance (35.5%)...................................... 27x258.00
Hamilton Duffy P.C. (27.2%)...................... ........... 201,900.00
Spooner & Associates (19.8%1)............................................ 15,212.00
'.'MJ l--'.ngineering (6.5%)....... ............. 51 .0
Callahan Engineering ( 6.5 %)......................................... 51000.00
Baird I-jarripton Brown ( 3.3%)......................................... $ 2�500.00
Ac cessology ( 1.2 %).......................... ............................. $ 930.00
Reimbursable Costs ................................................................. ............. $ 100.00
Total Professional Fees .... .............. ............................................. $ 77,800.001
951 W. Pipeline Rd., Suite 410, Hurst,Texas 760531 Metro: (817) 5819-89019
5
................... ................ ........
ATTACHMENT C
Design and Engineering Services for Sandy Lane Park Improvements
No Amendments to Standard Agreement for Engineering Services in tWs agreement,.
ATTACHMENT D
Design and Engineering Services for Sandy Lane Park Improvements,
No Schedule to Standard Agreement for Engineering Services, in this agreement.
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City of Fort Worth., Texas
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Malaffor and Council Co unicat"ion,
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COUNCIL ACT'ION: Approved on 6/4/2013
DATE-. 'T"uesday, June 04, 2013 REFERENCE NO, C—26303
LOG NAME-. 80S,ANDY LANE PAR.K_TLA AGREEMENT
SUBJECT-.
Authorize Execution of an Engineering Agreement with Gary P. Kutilek d/b/a The Landscape Alliance in the
Amount of$177,8,00.00 for Design and Engineering Services for Sandy Lane Park Improvements (COUNCIL
DISTRICT 5)
RECOMMENDAI
It is recommended that the City Council authorize the execution of an Engineering Agreement with Gary P.
Kutilek d/b/a The Landscape Alliance in the amount of$77,800. 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. Kutiiek d/b/a'*1'he 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-
dMQUNT 9
&C' I DATE ICOAfWNL
$590�646.00 G-16786 Decernber 8, Parks and Community Services Department Fiscal Year 2010 Gas
2009 Well Expenditure Plan --Gas bonus funds
February 19, Park's and Community Services Department Fiscal Year 20131 Gas
$571400.00 IG-17817 2013 Well Expenditure Plan—Gas bonus funds
$648046.00 tal
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, 20,09, (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 stab,and drinking fountain, a pedestrii'an 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 propols,ed.
M/WBE Office: Gary P. Kutilek d/b/a The Landscape Alliance is, in corn,pliance with the City's BDE
Ordinance by committing, to 210 percent MBE participation on this project. The City's MBE goal on this
project is 15 percent.
In addition to the contract amount, $5,000.00 is required for dessign phase project administration, for a total
design budget in the amount of$82,8001.00.
Sandy Lane Park is located in COUNCIL DISTRICT 5.
The Financial Management Services Director certifies that and are available in the current capital budget,
as appropriated,of the Park Gas Lease Project Fund.
EUND UNTER
10 Fund,1AccouuYCcnJrrs FROM,Fund/Acco!unt/Cmica,
C282 �3 1,2 46011363L 1 721800,QO
URTMICABONS:
Subm'lled for Cily _ter'�Qfflce by; Susan Alanis (8180)
1 1 ..-Manail
Qr,lgi,nating D
Sp,artMent 11ead V Richard Zavala (5704)
Addition,al-In,humatio.11 Contacti, David Creek (5744)
ATTACHM
1. C282 Q]736.d.&
2. MWBEComrAiance M-emoaff