HomeMy WebLinkAboutContract 46508 CITY SECRIETAw
CONTRACT NO. LADZ��)
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Gary Paul Kutilek d/b/a The Landscape Alliance,
authorized to do business in Texas, an independent contractor ("Consultant"), for a
PROJECT generally described as: TPWD Grant Application for Alliance Gateway Park.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with TPWD Grant Application for
Alliance Gateway Park.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting
from oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A". However the total fee paid by the City shall not exceed a total of$11,600.00 unless
the City and the Consultant mutually agree upon a fee amount for additional services
and amend this Agreement accordingly.
M The Consultant shall provide monthly invoices to the City. Payment for services
M rendered shall be due within thirty (30) days of the uncontested performance of the
tT particular services so ordered and receipt by City of Consultant's invoice for payment of
® same.
a
~. Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
SR furnished in connection with the services for which payment is made, including any act
or omission of the City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services OFFICIAL RECORD
PMO Pag f 8 Official Release Date:1/28/2013 CITY SECRETARY
IST.NORTH,TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 31
calendar days, beginning upon the date of its execution, or until the completion of the
subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable
local, state and federal laws and with all applicable rules and regulations
promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant 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 Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 2 of 8
Article VI
Insurance
Amendments to Article VI, if any, are included in Attachment C.
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage
shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Parks and Community
Services Department, Attention: Bryan Lyness, 4200 South Freeway, Suite
2200, Fort Worth, TX 76115, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation, non-renewal, and/or material change in policy terms
or coverage. A ten day notice shall be acceptable in the event of non-payment
of premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on
the Project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium
costs for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date: 1/28/2013
Page 4 of 8
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated
herein.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Consultant involving
transactions relating to this Agreement. Consultant agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub-consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub-consultant facilities, and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
article. City shall give Consultant and any sub-consultant reasonable advance
notice of intended audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 5 of 8
Article X
Minority Business (MBE) and Small Business Enterprise (SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 6 of 8
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Parks and Community Services Department
4200 South Freeway, Ste. 2200
Fort Worth, Texas 76115
Consultant:
The Landscape Alliance
Attn: Gary P. Kutilek
951 W. Pipeline Road
Suite 410
Hurst, TX 76053
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date.1/28/2013
Page 7 of 0
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart
shall, for all purposes, be deemed an original, but all such counterparts shall together
constitute but one and the same instrument.
Executed and effective this thet— '--day of///)�/�;�015.
BY: BY:
CITY OF FORT WORTH Gary Paul Kutilek d/b/a
The Landscape Alliance
s Alanis lGarry7P. utilek
Assistant City Manager Officer
Date: _31 1 t I C;�-� I S Date: n,
APPROVAL RECOMMENDED:
BY:
wa:0
Ricard Zavala
Dire tor, Parks & Community Services
APPROVED AS TO FORM AND LEGALITY M&C No.: N/A
BY:
W� �_. M&C Date: N/A
Douglas W. Black
Assistant City Attorney
ATTEST: ®RO�j�
o+
0
p0000
°°
j c oQ
°
J. 0 2
City Serta
� *
R wk
�S
City of Fort Worth,Texas �p� RECORD YYEV
Standard Agreement for Professional Services OFFICIAL ARG
PMO Official Release Date 1/28/2013
Page 8 of 8 CITY SECRETARY
I:T. WORTH,TX
ATTACHMENT A
The Landscape Alliance
site planning landscape architecture irrigation
February 11, 2015
Bryan Lyness
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Re: Urban Outdoor Recreation Grant Application -Alliance Gateway Regional Park
Dear Bryan:
I appreciate the opportunity to submit The Landscape Alliance's (TLA) proposal to provide professional
services related to the preparation of an Urban Outdoor Recreation Grant to be submitted to the State
Parks and Wildlife Department for project funding. It has been represented that the intent is to prepare an
application for a site in far north Fort Worth, known as Alliance Gateway Regional Park, for the March
deadline. It is our intent to collaborate with and utilize the services of Elaine Dill of the DFL Group to assist
in this effort. Ms. Dill is retired from the Texas Parks and Wildlife Grants in Aid Section, has extensive
experience in grant preparation,and has been a long time member of our team in these endeavors. Per our
meeting, the project scope will include:
Grant Preparation. TLA will prepare a grant application for the referenced project. This effort will
include:
• Site visits and documentation of project features.
• Preparation of applicable maps and application forms.
• Preparation of program narratives
• Coordinate with the City staff to assure necessary and available information is
assembled which is to be provided by the City.
• Coordination with TRWD Urban Biologist as required.
• Preparation of Environmental Assessment and Checklist
• Preparation of schematic development plans and related budget information.
• A public hearing will be required, which can presumably be an upcoming Council
meeting. TLA will be available to make presentations or answer questions during
the public meeting.
• Preparation of revisions or supplemental information as required by TPWD review.
Due to our contacts within the TPWD, it is not anticipated that a trip to Austin will be required by our team
members. Ms. Dill resides in Austin and can make the necessary contact throughout this process. If a trip
is desired by the FWP&CSD,related expenses for time,travel,and lodging will be considered an additional
951 W. Pipeline Rd., Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909
expense to be reimbursed TLA. Products will include digital copies of the grant applications for submittal
to the State and electronic files for the City. Per our meeting, it will be essential that TLA and it's
consultants have unrestricted access to key staff members,including yourself, during this process to assure
access to departmental files and related information and to receive timely decisions. Information on
municipally maintained demographics,purchase/donation strategies and related items will be required. It
is assumed that your planning staff will be involved in the development of this information and related
exhibits, as they have in past grant submittals. TLA will endeavor, with the assistance and input of
FWP&CSD staff, to prepare a grant that will maximize the probability of approval and funding. Nothing
within this proposal should be construed as an assurance or guarantee that the application will be approved
and funded by the State.
Fees
The proposed fee for the services outlined above is $11,600.00 This fee includes all primary services
described in the phase outline,to be provided by TLA and its consultants. Fees will be billed on an hourly
basis, based on services actually rendered. The City of Fort Worth will be advised in advance of any
anticipated changes in services which will impact the fee. Included in the proposed fee are costs associated
with reproduction and travel related to the production of the contract products. Items not specifically
included in the estimated fee include:
1. Printing, reproduction and delivery costs beyond described deliverables.
2. Time and travel costs associated with a trip to Austin by Gary Kutilek (not anticipated).
3. Additional services or other items not referenced or inferred herein will be charged as an additional
service cost if required and approved by the City.
A statement of charges for services will be submitted by the 151 of each month for the previous months
services and will be payable within thirty days by the City. It is understood that this agreement may be
cancelled at any time by the City and payment shall be due based on the above method of computation only
on work performed or expenses incurred to the date of cancellation.
The Texas Board of Architectural Examiner's has jurisdiction over a professional's practice and may be
contacted at P.O. Box 12337, Austin, Texas 78701-2337, (512) 305-9000. If this agreement meets with
your approval,please initiate preparation of a standard contract agreement at your convenience. Please call
if you have any questions concerning any of the items herein or specifically omitted. Given the compressed
schedule, we will started the effort prior to being under contract.
Sincerely,
The Landscape Alliance
Gary P. Kutilek, RLA
GPK/cb
951 W. Pipeline Rd., Suite 410, Hurst, Texas 76053 Metro: (817) 589-8909
2
ATTACHMENT B
COMPENSATION REPORT
Project Name
TPWD Urban Outdoor Grant Application for Alliance Gateway Park
Firm Primary Responsibility Fee Amount %
Prime Consultant
Gary Paul Kutilek d/b/a The Grant Application Preparation $ 11,600.00 100%
Landscape Alliance
TOTAL $11,6nobn 100% -