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Home My WebLink AboutContract 46708 CITY a S,'Cb/l�`TIr1/�NR"J RA l! N /40[70L 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 Paul Kutilek d/b/a The Landscape Alliance, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Park Improvements at Northwest Community Park— Phase II. Article I Scope of Services A. Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $322,953.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment m C-) (1) The Engineer shall provide the City sufficient documentation, including but M < not limited to meeting the requirements set forth in Attachment D to this M AGREEMENT, to reasonably substantiate the invoices. v (2) The ENGINEER will issue monthly invoices for all work performed under this j" AGREEMENT. Invoices are due and payable within 30 days of receipt. N (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL I ��oR� Revised Date:9/24/2014 Page 1 of 16 CITY SECRETARY 'T.WORTH,TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 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 as electronic files in .pdf format, or as otherwise approved by the 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 Revised Date:9/24/2014 Page 3 of 17 the agreement between CITY and ENGINEER be construed as requiring 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— NOT APPLICABLE ReGnmmen�ens by the ENGINEER to the CITY fer periedin GenstFUGtion vrrn r��rr vrr�-u�Z�-r��rrvn-rc�r� zr nrppress payments t senstn in n nentra or will be based en the pr"��(y++r111c�.'�zCC�-�C�ppcayrrn�-rau��—t�-cvrr�rr}a^ct�rr-cvrTcruEt ,.,1 E niid'FN EER's knowledge, innorTmrra'tionn,—cin -belief f-Tfvm�CK:Gtiva sampling and ebservafien that the weFk has progFessed to the point indicated. SUGh ��have axle by the ENGINEER to asnertain that the tri�ntien �rrvrrr��r r-cv-u�ccnum—crtuc-zrrc—C-��$craccrvrT nontrantor has noMPleied the AOF�k irnrexact annorcun Ge with the vont Dyiz;umentts; t�� nal erk will be aGGeptahle in all ros�ne+ts; at the i ENGINEER has made an examination to asnertain heW or far what purpose the Genstiruc-tion GontiraGtOr has used the # that title te any ef thee weFk materials er equipment has asseto the 6ITV free and Blear of lions e e `vi ienpr! i City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 Gla;ms, seGur��teresis;E)r e,n cumbFanEes;er that are not other matt �ie between the CITU d the nenstri� i Gentran that rrrur e�rJ a'L�Jrva�vet�rvccrrtf�l. vrrr—'a�u-arr��vrrurruEtre�-cvrnrcrc��rruc a#eGt 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 are 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 of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all 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 Engineering Related Design Services Revised Date:9/24/2014 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. I. The CITY shall not be responsible for the direct payment of any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 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 ME, 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 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." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 11 of 16 (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 insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. 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 Revised Date:9/24/2014 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; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 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. I. Jurisdiction City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 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 Revised Date:9/24/2014 Page 15 of 16 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 VH, 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 Revised Date:9/24/2014 Page 15 of 16 fy� Executed and effective this theday of , 2015. BY: BY: CITY OF FORT WORTH ENGINEER: Gary Paul Kutilek d/b/a/The Landscape Alliance s Susan Alanis Name Assistant City Manager Title: / Date: S 49, li3' Date: APPROVAL RECOMME D BY: ULCZ ) Ri hard Zavala Di ctor, Parks and Community Services APPROVED AS TO FORM AND LEGALITY BY: M&C No.: M&C Date: S lshf S' Douglas W. Black Assistant City Attorney ATT ®fir ffCi'aty J. Kayser ecretary V $� 0 City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY$ECRErARY Revised Date:9/24/2014 V V Page 16 of 16 Fr N10Rr#f, rX 'ATTACHMENT Al DESIGN PROPOSAL 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: Northwest Community Park Phase II Dear Bryan: I appreciate the opportunity to submit The Landscape Alliance's(TLA)proposal to provide professional services related to the design and development of park improvements for the second phase of Northwest Community Park development. Services will be consistent with requirements of the Texas Parks and Wildlife Grant for this project as well as other requirements by the City we have discussed during the scoping of this project. Services will target the priority items to be funded by the City and Texas Parks and Wildlife Grant which include: • An athletic complex to include youth baseball, adult baseball, softball and soccer. • A new primary entry to the park aligned with Harmon Road. • Design for new utilities to be used in this phase(water and electric). • A new entry road and parking lot. • Lighting of ballfields,roadway and parking. • Trails,furnishings, site restoration,picnic facilities and related items referenced in the grant. While the site design will be pursued to accommodate ultimate project goals,construction documents will be developed,with client input,to reflect available funding and State requirements. This scope recognizes funding augmentation by Texas Parks and Wildlife which will include trails,habitat restoration,interpretive signage and picnic facilities. The project scope will further include the following phases of work,some of which may occur concurrently: Phase I-Surveys Site Investigations and Base Plan This phase will include preparation of a survey and base maps of the project area in sufficient detail to provide adequate and accurate information on site conditions to guide design and engineering of proposed improvements. The survey will include primary areas planned for development in the northeastern portion of the park and would expand the survey that was done for Phase I development. The survey would include the area north of the primary channel below the dam to the north property line and west of the dam to 951 W. Pipeline Rd.,Suite 410,Hurst,Texas 76053 Metro: (817)589-8909 include the area anticipated for a soccer field. It would extend east to and across SH 156 and would include the intersection area at Harmon Road. The survey will conform to GPS standards and will be prepared by Spooner&Associates. A copy of the survey proposal is attached to this proposal as Attachment B. Geo- technical investigations will be undertaken by CMJ Engineering to guide design decisions related to the pavement and light pole footing design. A copy of the geotech proposal is attached to this as proposal as Attachment C. Phase H-Preliminary Design TLA will collaborate with the engineering firm of CP&Y throughout the project. A detailed outline of services provided by CP&Y is attached as Attachment D. The Electrical Engineer consultants will be Summit Consultants with their proposal being attached as Attachment E. We will retain the services of Lee Engineering to provide traffic intersection design, signalization, and coordination with TxDOT. Their services proposal is included as Attachment F. Services include: Task 1 -Existing Conditions Evaluation • Data Acquisition and Review • Existing Utilities 1. Coordination with the City of Fort Worth Water Department 2. Coordination with Oncor for electrical service • Review FEMA Data and Evaluate Hydraulic Alternatives • Evaluate existing intersection and review w/TxDOT(Ft. Worth District) • Review concepts for access road and parking areas • Meeting with the USACE(Ft Worth District)to discuss NWP requirements • Meeting with PACS to determine athletic field preferences and future concessions needs • Evaluate lighting systems for ballfields,parking and access road utilizing dark sky technology Task 2 -Design Constraints and Conceptual Plans • Assist with Geotechnical Investigation • Design Constraints and Constructability Analysis • Conceptual Design 1. Access Road w/iSWM 2. Culvert Design w/Channel Improvements 3. Parldng Area w/iSWM 4. Intersection Geometry/Modifications/Signalization S. Ballfield/Soccer Layout and Related Components 6. Review of Ballfield Lighting Systems and selection of two manufacturers 7. Review of Parking Area and Access Road Lighting System 8. Review of Water Line and Fire Flow Requirements 9. Trail,Picnic and Interpretive Signage 10. Site Restoration Opportunities 11. Cost and Quantity Estimates 12. Review/Meeting with Interested Parties 951 W. Pipeline Rd.,Suite 410,Hurst,Texas 76053 Metro: (817)589-8909 2 Phase III-Final Design and Construction Documents Task 1 -Final Design and Construction Documents • Final Construction Plans,Specifications and Estimates 1. Access Road Plans and Profiles 2. Intersection Modifications, Signalization,Pavement Widening and Re-Striping 3. Culvert Plan and Profile 4. Parking Area Grading 5. Parking Area iSWM 6. Parking Area Coordinate Plan 7. Athletic Field Area Grading 8. Athletic Field Area Detailing 9. Athletic Field Area Coordinate Plan 10. Overall Utility Plan 11. Water Line Plan and Profile 12. Erosion Control Plan and Narrative 13. Overall Electrical Supply Plan 14. Ballfield Lighting Plan 15. Parking Area Lighting Plan 16. Access Road Lighting Plan 17. Trail Layout,Grading and Detailing 18. Site Furnishings Layout and Detailing 19. Site Restoration(planting)Layout and Detailing 20. Prepare Specifications 21. Submit for TDLR review 22. Cost and Quantity Estimates 23. Meetings and Coordination Task 2-Permitting • Submit a Section 404 Permitting Technical Memorandum for review. Due to the potential road crossing at an unnamed tributaryto Big Fossil Creek,it is assumed that the project will be completed under a Nationwide Permit 14 with no Pre-Construction Notification. • TxDOT Driveway& Utilities Permit Task 3 -Submittal and Review • Submit Construction Documents for review by the City(90%) • Review and Respond to City Comments • Submit Final Construction Documents for Bid Phase V1-Construction Administration Task 1 -Construction Services • Attend Pre-Bid and Pre-Construction Meetings • Attend Monthly Meetings(9) • Make Periodic Site Visits to Observe Work and Keep the City Informed of Progress 951 W.Pipeline Rd.,Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909 3 • Check and make recommendations to Owner's representative related to schedules,shop drawings and work performed for conformance with design concept and information given in Contract Documents. • Render interpretations necessary for the proper execution of work progress with reasonable promptness and in accordance with general project schedule. All interpretations and decisions shall be reasonably inferable and consistent with the intent of the Contract Documents and will be in writing or in graphic form. • Assist in Preparation of Change Orders. • Determine dates of substantial completion and attend final inspection of the project. TLA will endeavor,in a reasonable manner,to guard the Owner against defects and deficiencies in the work of the contractor. TLA will not be responsible for,have control of or be in charge of construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the work,and will not be responsible for the contractor's failure to carry out the work in accordance with the Contract Documents. Site visits by TLA will generally occur weekly during construction activities. Construction administration by TLA is meant to supplement but not replace inspection services normally provided by the City. Additional Services The following items can be provied if required and authorized in writing by the City: • Prepare a LOMR application for submittal to FEMA for review SBE Participation TLA will engage the services of recognized local sub-consultants to achieve the City's goals related to SBE participation. Proposed SBE members will include: • Spooner&Associates will provide survey services for the projects area(Attachment B). • CMJ Engineering will provide geotechnical investigations on the site(Attachment Q. • Summit Engineers will provide electrical engineering for electrical utilities,roadway and parking lot lighting and athletic field lighting(Attachment E). • Lee Engineering will provide traffic and signalization design related to the new park entry(Attachment F). • Access by Design, Inc. will provide accessibility review. It is anticipated that these combined SBE participants will secure over 22% of the total fee referenced herein. Fees The proposed fee for the services outlined above is $322,953.00 This fee includes all primary services described in the scope of services outline to be provided by TLA and its consultants. A schedule of proposed fees by phase and firm is included herein as Attachment A. Fees will be billed on an hourly basis,based on services actually rendered. The City of Fort Worth will be advised in advance of any anticipated changes in services which will impact the fee. Included in the 951 W.Pipeline Rd., Suite 410,Hurst,Texas 76053 Metro: (817)589-8909 4 proposed fee are costs associated with reproduction and travel related to the production of the contract products. Items not specifically included in the estimated fee include: 1. Advertisement,printing,and reproduction associated with bidding. 2. Permit application and review fees other than TDLR as referenced above. 3. Additional services or other items not referenced or inferred herein will be charged as an additional service cost if required and approved by the City. A statement of charges for services will be submitted by the V of each month for the previous months' services and will be payable within thirty days by the City. It is understood that this agreement may be cancelled at any time by the City and payment shall be due based on the above method of computation only on work performed or expenses incurred to the date of cancellation. Registration / Right to Practice: The Texas Board of Architectural Examiner's has jurisdiction over a professional's practice and may be contacted at P.O. Box 12337, Austin, Texas 78701-2337, (512) 305- 9000. If this agreement meets with your approval,please initiate preparation of a standard contract agreement at your convenience. Please call if you have any questions concerning any of the items herein or specifically omitted. Sincerely, The Landscape Alliance Gary P.Kutilek,RLA GPK/cb 951 W.Pipeline Rd., Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909 5 ATTACHMENT A NORTHWEST COMMUNITY PARK PHASE H PROJECT TEAM,PHASING AND FEE DISTRIBUTION PROJECT TEAM PRIME CONSULTANT: ELECTRICAL ENGINEER The Landscape Alliance *Summit Consultants 951 W. Pipeline Rd., Suite 410 100 Summit Ave.,Suite 500 Hurst,Texas 76053 Fort Worth,Texas 76102 CIVIL ENGINEER: TRAFFIC AND SIGNALIZATION CP&Y Inc. * Lee Engineering 1820 Regal Row, Suite 200 3030 LBJ Freeway, Suite 1660 Dallas,Texas 75235 Dallas, Texas 75230 SURVEYOR: ACCESSIBILITY REVIEW *Spooner&Associates * Access By Design,Inc. 309 Byers Street, Suite 100 12720 Hillcrest Rd., Suite 500 Euless,Texas 76039 Dallas,Texas 75230 GEOTECHNICAL SERVICES: *CMJ Engineering 7636 Pebble Drive Fort Worth,Texas 76118 * Designates approved SBE Consultants • Total Professional Services Distribution: The Landscape Alliance(28.46)..................................... $ 92,225.00 CP&Y Inc. (49.3 °/Q)....................................................... $ 158,948.00 Spooner&Associates(5%)....................................... - $ 16,270.00 CMJ Engineering(1%).................................................. $ 3,350.00 Lee Engineering(5.30K)................................................. $ 17,000.00 Summit Consultants(10.5%) ........................................ $ 34,000.00 Access By Design(<I%)................ .. .... .... ................ $ 1,610.00 • Total Professional Fees ............................ ............................................ $322,953.00 951 W. Pipeline Rd.,Suite 410,Hurst,Texas 76053 Metro: (817) 589-8909 6 ATTACHMENT B SURVEYOR PROPOSAL SPOONER&ASSOCIATES SPOON ER& 304 Byers Street,#100 ASSOCIATES Edess,Texas,76039 ZEG'SrERED PMTSSCNA1 LAND SVRV r-'Q5 811-685„8448 Gary Kutilek, RLA Northwest Community Park NE The Landscape Alliance Professional and Mapping Services Estimate Hurst,Texas S&A Project No.124046-1 -1-26-15-Ver.2 Mr. Kutilek, Spooner and Associates, Incrovide topographic and professional surveying services on the above mentioned project.The scope of work of the land surveyor shall be to supply all supervision,technical labor,equipment,services,tools,consumables, insurance,and pay any applicable sales/use taxes,and all other things required to perform land surveying in accordance with technical requirements specified in this Estimate. • Project Name: Northwest Community Park • Location of survey:, Fort Worth,Texas (please seethe attached project exhibit for more details) • Purpose of Survey: The purpose of this survey is to locate and document visible and apparent information pertinent to Park design and construction. Scope: Topographic Survey • Limits Of Survey: (please seethe attached project exhibit thr more details) • General Project details_Survey will horizontally and vertically locate visible surface features within the project area as shown on the attached project exhibit. - Main project area cross sections and/or mapping will be collected generally at 50' intervals and at all breaks in grade producing 1'interval contours. - Public roadways will be surveyed for a width of ROW to ROW for the limits as shown on the project exhibit. • Utility Coordination: Prior to commencing any topographic fieldwork, the Surveyor will submit a utility locate request for the project limits to Texas811 (formerly Texas Excavation Safety System, Inc.)online at www.Texas811.org or by telephone at 811 or 800-344-8377. Marks set by Texas811 will be shown on our survey. • Franchise Utilities:We will locate and tie visible franchise utilities(Gas,TelephonetFOC, Electric, Cable, etc.)and associated appurtenances including but not limited to: power poles,guy anchors, manholes,meters,valves,test stations,vaults,handholds, pull boxes,pedestals,controllers,etc. If available,we will denote size, material type, pressure rating, line voltage and utility owner as applicable. Visible texas811 markings will be shown on the survey. • City Owned Utilities:We will locate and tie visible public utilities (water,wastewater, storm sewer, and telephone/fiber)and associated appurtenances including but not limited to: manholes, cleanouts, meters,services, isolation valves, blow-offs,fire hydrants,inlets,junction boxes, headwalls,wingwalls, rip-rap aprons and all other appurtenances. Our survey will denote size, material type and flow direction as applicable.We will locate top of operating nut elevations for visible utility valves. Accessible utility manholes will be detailed identifying: structure size, material type, rim elevations, measure downs and corresponding flow line and top of pipe elevations for visible pipe wall penetrations. Upstream and downstream sanitary and storm sewer rim and invert data will be shown. • Bridges: Survey of existing bridges shall include the limits of approach slabs, abutments and the number, k)cation, material and type of beams.The location and diameter of columns will be shown. The minimum vertical clearance to roadways/railways underneath shall be measured. Utilities or other appurtenances located or suspended on the bridge shall be shown and identified. Limits of sidewalk and pedestrian rail shall be identified as well. • Building Locations and details: The following will be shown for all buildings and structures within the proposed survey limits. Limits of structure,ground elevation adjacent to those limits, visible roof drain outfalls and finished floor elevation. Now 0 2014,Spooner&Associates,Inc P. Sr GONER& 309 Byers Street,#100 ASSOCIATES Euless,Texas,76039 aashu oo ess.e�u i we wrec 817-685.8448 • Fence and Retaining Walls:We will provide location, height and material type for fences located within the project limits. Provide the location and material type for retaining walls and provide top and bottom of wall elevations along its length at grade changes. • Right-of-Way and Property: Our survey will locate and tie existing right-of-way, property lines and easements, including type, size,volume and page,where applicable.We will show lot, block,abstract number, adjacent street names and property address. City and County boundaries will be shown where applicable. Property owner and business names will be shown on the survey. • Roadways: Roadways, driveways, alleys and sidewalks will be located and identified on the survey. Existing width and composition of improved surfaces will be shown on the survey. - Existing lane markings and signage will be identified on the survey. - Traffic signal bases, mast arms and control boxes will be shown on the survey. • Surface Drainage Features:We will locate and be top,toe and flow lines of existing swales, channels and creeks with the project limits. Our survey will locate headwall and wingwalts and denote number, size, material type,flow line and top of pipe elevation for culvert conduit(s). • TxDOT Maintained Roadways: Our survey will include an alignment(s)that:coincides with original Texas Department of Transportation (TxDOT)alignment stationing for those roadways within our project limits maintained by TxDOT.The Surveyor will provide an electronic PDF of TxDOT documents used to determine the original station.TxDOT monuments will be located for portions of the project located on or adjacent to TXDOT maintained facilities. • Tress, Shrubs, Landscaping and Irrigation:We will locate trees 6" or larger in diameter, shrubs and landscaping features and provide identification notes accordingly.We attempt to provide tree species and caliper as measured approximately four feet off the ground. Major tree and brush lines will be delineated on the survey. Existing visible irrigation structures and planters will be located on this survey. • Waterways: Ponds and waterways within project areas will be detailed and shown on the survey.We will attempt to capture the toe of each feature.This estimate includes floating each feature to determine bottom shots. Shots will be to the existing top of sediment on each feature bottom. Methods and Precision • Basis of Control: - Existing project control, established for the initial survey,will be used to establish our horizontal and vertical values. Coordinates shall be reported with a precision of+/-0.01 feet • Horizontal and Vertical Control Methods: Horizontal and vertical control will be established using static GPS methods and will be adjusted using traditional traverse techniques. Vertical control will be leveled using a digital level. Control will have an accuracy of+/-0.04' at the time of survey. • Data Collection: RTK GPS and robotic total stations will be used for a majority of this survey. Deliverables: Topographic Survey • CAD Format:AutoCAD Civi13D 2013 format CAD files. • Project Scale: 40 SCALE • Base Map: An electronic base map at 1:1 scale(base unit US Surrey Foot)containing pertinent topographic field data will be prepared. - National CAD Standards drafting standards including layers and styles will be used. - Text will be oriented with north being true reading West to East. - The base map shall be in AutoCAD DWG format. 0 2014,Spoor•r&Assadates,Inc p.2 SPOONER& 309 Byers Street,#100 ASSOCIATES Euless,Texas,76039 REGSIMo no: ow t uwD sucverc+r, 817-685-8448 DTM generated contours shall have one foot minor and five foot major intervals. XML surface file,defining the AutoCAD Civil 3D surface. NTCOG imagery will be used as a background in our deliverable. - PDF electronic copies of all project research used to workup the project mapping which includes but is not limited to plats,deeds, right-of-way maps and provided utility maps. PDF electronic copies of all the Texas811 tickets and correspondence. PDF copy of all field notes. PDF copy of the survey base map is not included. • Survey Control and Material: - 5/8"iron rods with cap and/or mag nails will be used as the control material. - 6-Horizontal and vertical control points will be set within the project area.Where possible, control monumentation shall be located sufficiently away from the project limits so as not to be disturbed by construction activities. - All established main horizontal and vertical control along with pertinent calculations will be furnished in electronic(MS Word Document). • Point File: A comma delimited ASCH file showing point number, northing, easting,elevation and description shall be provided for all data collected on this project. • Field Sketches and Site Pictures: Applicable field sketches and site photographs depicting any special field information shall be provided in digital form. Project Assumptions: Topographic Survey • Abstracting Services:This estimate does not include abstracting services or title work for property, easement and right-of-way line workup. Current platting and/or deed information available at the County will be used for this project. • Additional Project Footage:This estimate includes mapping as shown on the attached project exhibit- If any additional footage or width beyond these values is required,additional compensation may be requested as an additional service. • Arborist Services:This estimate does not include the services of an arborist to provide tree size and species.The surveyor will make an attempt to approximately identify the species and size of each project affected tree. • Construction Staking Services: This estimate does not include staking of any kind for the construction of this project. Project control will not be refreshed prior to the commencement of construction. • Texas811 Coordination:This estimate includes only one attempt to capture Texas811 markings.The services will be ordered 5 days prior to the survey start date. Markings not set by Texas811 prior to the time of field mapping collection will not be shown on the survey. • SUE Level C&D/Public and Private Franchise Alignments:This estimate includes placing underground public and private utility alignments on the face of the survey based on observed surface evidence and City vault data for public alignments.Texas811 markings will be used to locate private utility alignments. • Records Vault Research: This estimate includes City records vault research. Recovered vault data will be delivered to the Designer/Owner In PDF format. • Right of Entry: This estimate does not include right-of-entry services. 2014,Spooner& . D.3 SPOONER& 309 Byers Sopet$100 ASSOCIATES Euless.Texas,76039 SIMDPWXESS- +lLAND SWr a 817-685-8448 • Sub-Surface Utility Investigation: This estimate does not include sub-surface excavation to confirm underground utility locations.All utility line work will be based on surface field evidence and provided record drawing research • SUE Test Hole and Marker Locations:This estimate does not include the location and collection of data regarding test-hole locations or SUE markings locations performed by SUE contractors. • Soil Borings: This estimate does not include the location of soil borings performed by others. Project Scope: Oncor Easement Services • The Surveyor will prepare metes and bounds descriptions with accompanying map exhibit for a permanent Oncor instrument. Deliverables • One electronic executed PDF of the complete instrument for each parcel. • Three original hard copies of the complete instrument for each parcel. • The instrument will include NAD83 GRID coordinates for the point of beginning, horizontal scaling factors and basis of bearings information. Assumptions • Instrument format:All instruments will strictly follow Oncor guidelines and procedures for the preparation of instrument documents. • Design changes:This estimate includes only one submittal based on a pre-approved design of the project.All changes due to re-design after the initial submittal for each phase will be invoiced back to the owner at an hourly cost. • Staking of easement comers:The Surveyor will stake the instrument comers once final documents have been approved by the owner/client. Work Schedule: • Topographic Survey: The Surveyor will have the survey as described above completed within 3 weeks from the execution of a project contract. Value of Services: - Topographic Mapping (please see the attached hourly breakdown for details) $14,270 - Oncor Easement Services $2,000 Services performed as described above, less easement services,will be invoiced time and materials not to exceed $14,270. Easement services will be prepared and monumented on the ground for a total of $2,000 per instrument.The following schedule will be used as our hourly rates for services performed: 2-man field crew$135 1 Office Survey Technician $85 ( RPLS$120 1 Office/Clerical$55 Thank you for this opportunity to work with your team, please do not hesitate to call me should there be any questions or concerns. Spooner and Associates, Inc. Eric Spooner, RPLS Project Map below: m 2014.Spooiwr&Assodates.Inc p.4 Id! co # ma # am9maa@aaa �.■ a # � m #m � ■ e ■ ■ ea■ m 2 )§ ) e #■aaaaasasaa§a a § a»■ Sass sas& a i§LU ■ § E ■ � ¥ � s @t28 § a 7a ; ■ ; - k dkak o , z � � � @ ■ ■ � ■� ) § ■ a § � � � � \�§ ■ � ° � �? �� ■ © § a § U. � tun, ! ®©! �2! 2 I �� ■ � ; �� - � . - ! ■� »2 @! ��] 1111111JIM, 219 % Mill I � -- _ �,; ��t m �- 7 �� F 1 � �`.� A� �1 i �f '\� r � +J3FF y __ � �`�t i TIF 1 ... 1 `. I�.. s � �., � s � - �' � � s r� f *r � .+ ',�, � r , i `� � j r � # _� � A '� T} / } 1 � � -, tl1 ' if � ' } r- �: . _.r•' y� �' r ` - = 4 .g n wduk lk vow OQ ro P'M� logo kF t l j f 5 '.- ATTACHMENT C GEOTECHNICAL PROPOSAL CMJ ENGINEERING 7636 Pebble Drive -�Ocmi ENGINEERING, INC. Pon Worth,Ten+76118 W".C")eWCoM Proposal No. 14-5353 (Revised) January 23, 2015 The Landscape Alliance 851 W. Pipeline Rd., Suite 410 Hurst, Texas 76053 Attn: Mr. Gary Kutilek, RLA PROPOSAL FOR: GEOTECHNICAL ENGINEERING SERVICES IMPROVEMENTS TO NORTHWEST COMMUNITY PARK BLUE MOUND ROAD FORT WORTH,TEXAS Dear Mr. Kutilek: INTRODUCTION CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this proposal based on an email from you and on the preliminary scope submitted to this office. The project, as currently planned, will consist of a park entrance driveway from Blue Mound Road, parking area, and lighting for proposed ball fields. Site paving is planned to consist of Portland cement concrete. For purposes of this proposal, it is assumed that all borings are accessible to truck-mounted drilling equipment. In addition, it is assumed that no underground utilities exist at boring locations. Phone(817)284-9400 Fax(817)589-9993 Metro(817)589-9992 CNff ENGINEERING,INC. The Landscape Alliance Proposal No. 14-5353(Revised) January 23,2015 Page 2 SCOPE OF SERVICES 1. BASIC SERVICES A. SUBSURFACE EXPLORATION Experienced drillers and technicians will evaluate subsurface conditions with a total of five (5) sample borings according to the following field program: • Field Lighting: Two (2) borings drilled to depths of 20 to 25 feet below existing grades. • Site Paving: Three (3) borings drilled to a depth of 5 feet. The field personnel will drill the borings using truck-mounted equipment. Cohesive and non- cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be ' backfilled with drill cuttings and plugged at the surface by hand tamping. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: i • moisture content and soil identification • liquid and plastic limit determinations • unconfined compression tests on soil • unit weight determinations • Eades and Grim lime series tests ' The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. I CMJ ENGINEERING,INC. The Landscape Alliance Proposal No. 14-5353(Revised) January 23,2015 Page 3 C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report and an electronic copy. The report will address: • general soil and ground-water conditions • recommendations for foundation type, depth and allowable loading • minimum penetration of piers to resist uplift(if required) • foundation construction requirements • earthwork recommendations • guidelines for pavement design Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section II. D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $3,250 to $3,350. For budget purposes, a maximum cost of $3,350 is recommended. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within seven days of receipt of notice to proceed, and anticipate that one working day will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately two weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. CMJ ENGINEERING,INC. The Landscape Alliance Proposal No. 14-5353(Revised) January 23,2015 Page 4 II. ADDITIONAL SERVICES i A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. • Additional insurance coverage or limits(if available)other than CMJ's standard policies. • Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure,following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described In Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services,when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. III. TERMS AND CONDITIONS The scope of services will be performed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this proposal. Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this proposal as your authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested i CMJ ENGINEERING,INC. The Landscape Alliance Proposal No. 14-5353(Revised) January 23,2015 Page 5 by a third party. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services. We look forward to working with The Landscape Alliance on this project. Respectfully submitted, CMJ ENGINEERING,Nc. James P Sappington IV, P.E. Senior E gineer copies submitted: (1) Mr. Gary Kutilek, RLA;The Landscape Alliance(by email) I i CMJ ENGINEERING, INC. GEOTECHNICAL ENGINEERING SERVICES BASIC SERVICES COST ESTIMATE t PROPOSAL: 14-5353 (Revised) DATE: JANUARY 23, 2015 PROJECT: IMPROVEMENTS TO NORTHWEST COMMUNITY PARK BLUE MOUND ROAD { FORT WORTH, TEXAS SUBSURFACE EXPLORATION Quant. Unit$ Total$ Mobilization 1 400.00 400.00 Soil Drilling-Intermittent Sampling (0-25 ft.) 35 12.50 437.50 Rock Drilling (0-25 ft.) 30 15.00 450.00 Underground Utility Check 1 100.00 100.00 Subtotal Subsurface Services $ 1,387.50 LABORATORY SERVICES Moisture Content and Soil Identification 27 6.50 175.50 Liquid and Plastic Limits 5 50.00 250.00 Unconfined Compressive Strength-Soil 4 42.00 168.00 Unit Weight 7 11.00 77.00 Lime Series Test 1 150.00 150.00 Subtotal Laboratory Services $ 820.50 ENGINEERING SERVICES Senior Principal Engineer 1 124.00 124.00 Staff Engineer 8 84.00 672.00 Drafting&Secretarial Support 5 40.00 200.00 Misc. Expense (report production, mileage, etc.) 1 100.00 100.00 Subtotal Engineering Services $ 1,096.00 TOTAL ESTIMATE $ 3,304.00 I I TERMS FOR GEOTECHNICAL ENGINEERING SERVICES THE AGREEMENT This AGREEMENT Is made by and between CMJ ENGINEERING,INC.,hereinafter referred to as GEOTECHNICAL ENGINEER, and THE LANDSCAPE ALLIANCE,hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached proposal Identified as Proposal No. 14-5353 (Revised), dated January 23, 2015 and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and aft prior negotiations,correspondence,or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to In writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings,surveys,or explorations are made, and that site conditions may change with time, Data, interpretations, and recommendations by GEOTECHNICAL ENGINEER will be based solely on Information available to GEOTECHNICAL ENGINEER. GEOTECHNICAL ENGINEER is responsible for those data,Interpretations,and recommendations,but will not be responsible for other parties'Interpretations or use of the information developed. Services performed by GEOTECHNICAL ENGINEER under this AGREEMENT are expected by CLIENT to be conducted In a manner consistent with the level of care and skill ordinarily exercised by members of the geotechnical engineering profession pra=ng contemporaneously under similar conditions In the locality of the project Under no circumstance is any warranty, expressed or Implied,made In connection with the providing of geotechnical engineering services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for GEOTECHNICAL ENGINEER to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has Wanted GEOTECHNICAL ENGINEER free access to the ate.GEOTECHNICAL ENGINEER will take reasonable precautions to minimize damage to the site,but it is understood by CLIENT that,In the normal course of work,some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified In the PROPOSAL. CLIENT is responsible for aocurately delineating the locations of all subterranean structures and utilities. GEOTECHNICAL ENGINEER will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against GEOTECHNICAL ENGINEER arising from damage done to subterranean structures and utilities not Identified or accurately located. SAMPLE DISPOSAL GEOTECHNICAL ENGINEER will retain samples transported to the geotechnical laboratory for testing for a period of thirty(30) days following submission of the report covering those samples,Further storage or transfer of samples can be made at CLIENTS expense upon CLIENTS prior written request. MONITORING If GEOTECHNICAL ENGINEER is retained by CLIENT to provide a site representative for the purpose of monitoring specific porton of construction work or other field activities as set forth in the PROPOSAL,than this phrase applies. For the specified assignment, GEOTECHNICAL ENGINEER will report observations and professional opinions to CLIENT. No action of GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER'S ate representative can be construed as altering any AGREEMENT between CLIENT and others. GEOTECHNICAL ENGINEER will report to CLIENT any observed geotechnically-related work which, in GEOTECHNICAL ENGINEER'S profesalonal opinion, does not conform with pians and specifications.The GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT.Such rights are reserved solely for CLIENT. Furthermore, GEOTECHNICAL ENGINEER'S presence on site does not In any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services. GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods, techniques,sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT,or safety precautions and programs incident thereto BILLING AND PAYMENT CLIENT will pay GEOTECHNICAL ENGINEER in accordance with the procedures indicated In the PROPOSAL and its attachments. Invoices will be submitted to CLIENT by GEOTECHNICAL ENGINEER,and will be due and payable upon presentation.If CLIENT objects to all or any portion of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER In writing within fourteen (114) calendar days of the invoice date,Identify the cause of disagreement,and pay when due that portion of the Invoice not in dispute.In the absence of written notification described above,the amount as stated on the invoice will be paid, l Invalces are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the GEOTECHNICAL ENGINEER,CLIENT will pay an additional charge of one-and-on"alf(1.5)percent per month(or the maximum percentage allowed by law,whichever is lower)on any delinquent amount,except for any portion of the Invoiced amount In dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved In favor of the geotechnical engineer will carry the additional charge,as described above, effective thirty(30)days from the date of the original Invofce.In the event CLIENT falls to pay GEOTECHNICAL ENGINEER within sixty(60)days after Invoices are rendered,CLIENT TERMS-Page i of 3 PROPOSAL NO.14-5353(Revised) CAQ ENGINEHRING,INC. i agrees that GEOTECHNICAL ENGINEER will have the right to consider the failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT. TERMINATION r This AGREEMENT may be terminated by either party seven(7)days after written notice In the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three(3)months. In the event of termination,GEOTECHNICAL ENGINEER will be paid for services performed prior to n the date of termination plus reasonable termination expenses,Including,but not limited to the cost of completing analyses,records, and reports necessary to document job status at the time of termination. RISK ALLOCATION In recognition of the relative risks and benefits of the Project to both the CLIENT and the GEOTECHNICAL ENGINEER,the risks have been allocated such that the CLIENT agrees,to the fullest extent of the law,and notwithstanding any other provisions of this Agreement or the existence of applicable Insurance coverage, that the total liability, in the aggregate, of the GEOTECHNICAL ENGINEER and the GEOTECHNICAL ENGINEER'S officers,directors,employees,agents,and subconsuitants to the CLIENT or to anyone claiming by, through or under the CLIENT,for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or In any way related to the services under this Agreement from any cause or causes.Including but not limited to,the negligance, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the GEOTECHNICAL ENGINEER,or the GEOTECHNICAL ENGINEER'S officers,directors,employees, agents, and subconsuflamts, shall not exceed twice the total compensation received by the GEOTECHNICAL ENGINEER under this Agreement or$54,400, whichever Is greater. Higher limits of liability may be negotiated for additional fee, Under no circurnstartces shall the GEOTECHNICAL ENGINEER be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions,or for costs related to the failure of contractors to Worm work in accordance with the plans and specifications. 11 This Section is intended solely to limit the remedies available to the CLIENT,and nothing in this Section shall require the CLIENT tis Indemnify the GEOTECHNICAL ENGINEER. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate If hazardous materials are on or near the project site,and that CLIENT has informed GEOTECHNICAL ENGINEER of CLIENTS findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present GEOTECHNICAL ENGINEER and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services.GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. GEOTECHNICAL ENGINEER agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials I are encountered. CLIENT agrees to make any(fisclosures required by law to the appropriate governing agencies. CLIENT also f agrees to hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosures made by GEOTECHNICAL ENGINEER which are required by governing law,In the event the project site is not owned by CLIENT,CLIENT recognizes that it Is CLIENTS responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other prov slon of the AGREEMENT,CLIENT waives any claim agairtst GEOTECHNICAL ENGINEER arising from GEOTECHNICAL ENGINEERS discovery of unanticipated hazardous materials or suspected hazardous materials,Including, but not Waited to,any costs created by delay of the project and any cost associated with possible reduction of the property's value. I CLIENT will be responsible for ultimate disposal of any samples secured by GEOTECHNICAL ENGINEER which are found to be contaminated.This includes any soil or rock cuttings,and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION AN claims,disputes,and other matters in controversy between GEOTECHNICAL ENGINEER and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to"aftemative dispute resolution"(ADR)before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and GEOTECHNICAL ENGINEER have agreed on methods for resolving such disputes,then such methods will be set forth In the"Altsmetive Dispute Resolution Agreement"which,it attached,is incorporated into and made a part of this AGREEMENT.If no specific ADR procedures Is set forth in this AGREEMENT,then it shalt be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation Instead of ADR as provided above,then: (t) the claim will be brought and tried in judicial jurisdiction of the court of the county where GEOTECHNICAL ENGINEER's principal place of business Is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction,and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred,inc xNng staff time,court costs,attorneys'fees,and other claim related expenses. TERMS-Page 2 of 3 PROPOSAL NO.14-5363(Revised) CPAJENGINEERING,INC. $If i GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS,their interpretation and performance If any of the provisions contained In this AGREEMENT are held illegal,Invalid,or unenforceable,the enforceability of the remaining provisions will not be i npaired.Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing,understand completely the terms,and witlingy,enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CMJ ENGINEERING INC. CLIENT 8y Ga tt E.Williams,P.E. �r President Paslti0n Poslti®a? I Jsnusry�9 2�fS - - DAD Gale TERMS-Page 3 of 3 PROPOSAL NO.146353(Revised) CMJ ENGINEERING,INC ATTACHMENT D CIVIL ENGINEERING PROPOSAL CP&Y INC. CP&Yj Partners for a Better Quality of Life 27*January,2015 Mr. Gary Kutilek,RLA The Landscape Alliance 951 W. Pipeline Road, Suite 410 Hurst,Texas 76053 RE: City of Fort Worth Parks and Community Services Northwest Community Park—Phase H Improvements Fort Worth,Tarrant Co.,Texas Dear Mr.Kutilek: In response to our discussions and review of the proposed conceptual plan, CP&Y Inc. (CPY),is pleased to submit this proposal to perform the following: site civil engineering for intersection modifications, culvert and channel design, grading and Low Impact Development (LID) for the access road and parking area,and water line improvements. CPY's proposed Scope of Services includes the following specific work elements: Phase I—Preliminary Design Phase Task 1—Existing Conditions Evaluation • Data Acquisition and Review • Existing utilities o Coordination with the City of Fort Worth Water Department o Coordination with Ancor for electrical service • Review FEMA Data and Evaluate Hydraulic Alternatives • Review LID concepts for access road and parking areas • Meeting with the USAGE(Ft Worth District)to discuss NWP requirements Task 2—Design Constraints and Conceptual Plans • Assist with the Geotechnical Investigation • Design Constraints and Constructability Analysis 1820 Regal Row Dallas,Texas 15235 214-638.0500-214.6383723 fax www.cpYLCOM Mr.Gary Kutilek Northwest Community Phase H 27"February,2015 • Conceptual Design Plans(30%plans) o Access road w/LID o Culvert Design w/channel improvements o Parking area w/LID o Review of irrigation/pressure requirements o Cost and quantity estimates Phase 1I—Design Phase Task 1 —Final Design and Construction Documents • Final Construction Plans,Specifications and Estimates o Access Road with LID—Plan and Profiles o Intersection Modifications—Plan and Profiles o Culvert Plan and Profile o Parking Area Grading o Parking Area LID o Erosion Control Plan and Narrative o Parking Area Coordinate Plan o Overall Utility Site Plan o Water Line Plan and Profile o Standard Details(Water,Paving,and Drainage) o Cost and quantity estimates o Meetings and coordination Task 2—Permitting • Submit a Section 404 Permitting Technical Memorandum for review by city staff. Due to the potential road crossing an unnamed tributary to Big Fossil Creek, it is assumed that the project will be completed under a Nationwide Permit 14 with no Pre-construction Notification required. • TxDOT Driveway&Utilities Permit Task 3—Submittal&Review • Submit Construction Documents for review by city staff Review city comments • Submit Final Construction Documents for bid 2 Partners for a Better OWity of life C Ry Mr.Gary Kutilek Northwest Community Phase II 270i February,2015 Phase III—Construction Task l —Construction Services • Attend pre- bid and pre-construction conferences; attend monthly meetings (6) with contractor and make periodic site visits(8)to observe progress of the work • Review construction submittals • Respond to Requests for Information • Assist in preparation and review of change orders • Prepare Construction Retard Drawings from Contractor provided information • Make final inspection of project with Owner ADDITIONAL SERVICES The following items can be provided by CP&Y if required and authorized in writing by the City: • Prepare a LOMR application for submittal to FEMA for review SERVICES TO BE PROVIDED BY CITY • Topographical survey of the Phase II project site including the intersection of Blue Mound Road and E. Harmon Road, downstream along tributary to the west right of way of Blue Mound Road(FM 156)and any appurtenances within the project area. • Geotechnical Services as needed COST OF SERVICES CPY proposes to conduct the specified Scope of Services on a lump sum basis of$158,948.00.A breakdown of the cost by phase and our hourly rates are shown on Exhibit W. The Terms and Conditions for this letter agreement are attached as Exhibit `B'. CPY will prepare a detailed scope and fee estimate for any services included in additional services. We appreciate the opportunity to work with you. Please call if you have any questions. 3 Pwinen for o Boner Qually of We C Wy Mr. Gary Kutilek Northwest Community Phase II 27'h February,2015 Sincerely, Accepted: F The Landscape Alliance Gary Kutilek Attachments Approved: CP&Y,Inc. William E. Carroll,P.E. Vice]President 4 Partners for a Better Quality of life C NY-) EXHIBIT `A' CP&Y, Inc January 2015 COST OF PHASES Phase I—Preliminary................ ....$ 61,798.00 ............................................ Phase 2—Final Design and Construction Documents...........................$ 69,629.00 Phase 3—Construction"......................................................... $ 27,521.00 Total $ 158,948.00 HOURLY BILLING RATES CATEGORY BILLING RATE RANGES Clerical $ 45.00 - $ 90.00 Technician $ 60.00 - $120.00 Hydrologist $ 55.00 - $ 90.00 Project Engineer $ 65.00 - $165.00 Project Manager $180.00 - $220.00 Principal $250.00 - $290.00 Partners for a Better Quality of We &�� CRY.) AGREEMENT TERMS AND CONDITIONS 1. AUTHORIZATION FOR WORK TO PROCEED Signing of this AGREEMENT for services shall be aulhorbxtion by the CLIENT for CP&Y,tree.(CP&Y)to Proceed with the wok,unless stated otherwise:in the AGREEMENT. 2 COST ESTIMATES FOR PROPOSED CONSTRUCTION Construction a»estimates Provided by CP&Y are prgmmd from experience,and judgmat CP&Y has no control over market conditions or construction procedures and does to warrant that proposals bids,or actual construction costs will not vary from CP&Y estimates. & STANDARD OF PRACTICE Services performed by CP&Y under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing Indic same locality under similar conditions. No other repteaertatica,expressed or implied,and las warranty or guarantee is included or intended in this AGREEMENT,or in any mart,opinion,document or otherwise. 4. SALES TAXES All sales taxes,required to be paid by CP&Y,will be billed to die client in addition to fees. S. BILLING AND PAYMENT The CLIENT,recognizing that timely payment is a material part of the consideration of this AGREEMENT,shall pay CP&Y for services performed in accordance with the rates and chat see forth heroin.Invoices will be submitted by CP&Y on a monthly basis and shag be due and payable within thirty(30)calendar days of invoice date. If the CLIENT objects to all or any portion of an Invoice,the CLIENT shall so notify,CP&Y in writing within ren(10)calendar days of mxipt of the bill in question,and pay when due that Portion of the invoice,not in dispute. The CLE]VT shall pay an additional drugs of one-and-one-half(1.5)percent(a the maximum percentage allowed by law,whichever is baa)of the invoiced amount per month for any payment received by CP&Y more than thirty(30)calamdar days from receipt of the invoice, ung any Pam of the invoiced amount in dispute and resolved in favor of CLIENT. Payment d=caftcr shall first be applied tD axtued inmtrrest ad then to the principal unpaid amount. if CLIENT for any reason fails to pay the undisputed portion of CP&Y,Inc.(CP&Y)invoices within 30 days of presentation,CP&Y shall tease work on the pt*,ct and CLIENT shall waive any claim against CP&Y,and shall defend and indemnify CP&Y from and against any claims for injury or toss stemming from CP&Y's cessation of savior. CLIENT shall also pay CP&Y the cost associated with ptemarwte project demobilization. In the event the project is remobilised,CLIENT shall also pay the cost of remobiliation,and shall renegotiate aPProP. contract ams and conditions,such as those associated with budget,schedule or scope of service. In the event any bili or portion thereof is disputed by CLIENT,CLIENT shall notify,CP&Y within ten days of receipt of the bill in question. and CLIENT and CP&Y shall work topdw to resolve the matter within 60 days of it being called to CP&Y`s alreation. If resolution of the matter is not attained within 60 days,cider party may terminate this AGREEMENT, & LIMITATION OF LIABILITY In ordw for rhe CLIENT to obtain the benefits of a fee which includes a lana allowance forrisk funding,the CLIENT agrees to limit CP&Y s liability arising from CP&Ys professional acts,errors or missions,such that the toW aggregate liability,of CP&Y shall not exceed CP&Y's total fee for the services tendered under this AGREEMENT. 7. CONSEOUENTIAL DAMAGES 'The CLIENT shag not be liable to CP&Y and CP&Y shall not be liable to eine CLIENT for any coneaquddeal drnaga incurred by either dna to the fault of the other,negardhesa of the nature of this fault,or whedw it waa commined by the CLIENT or CF&Y,their employees,agents or subcontivton. Consequential damages include,but are not limited to loss of use ad Iota of prohL 8 TERMINATION In the event termination becomes necessary,the party(CLIENT or CF&Y)efTaxing termination shall so notify die atter party and termination wig become effective founeat(14)calendar days after receipt of the termuution notim Irrespective of which party shell effect tersmnatim or the cause of wirninraim.the CLIENT shag within thirty(30)calendar days of trinwurtion remunerate CP&Y for services rendered and costs incurred tap to the effective one of termination,in accordance with CP&Y's psevntiling fee schedule and expense reimbursement pokey. 9. ADDITIONAL SERVICES Any services beyond those specified will be provided for separately under an additional or amended agreement. IF ANY ONE OR MORF.OF THE PROVISIONS CONTAINED IN THIS AGREEMENT SHALL BE LLEIdIm LMWFORCEABLE,THE ENFORCEABILM OF TELL REbLW4ING PROVISIONS SHALL.NOT RF.IMPAIRED. Client 119. Exhibit `B' ATTACHMENT E ELECTRICAL ENGINEERING PROPOSAL SUMMIT CONSULTANTS Asummit C ON S U LTA N TS INC January 26, 2015 The Landscape Alliance 951 W. Pipeline Rd., Suite 410 Hurst, Texas 76053 AM.: Gary Kutilek, RLA Re: Northwest Community Park Gentlemen: Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the provision of Electrical engineering services for the referenced project. SCOPE OF SERVICES: BASIC SERVICES Electrical engineering design services will consist of the following. • Electrical service to the site including coordination with Oncor.. • Lighting for the four ball fields shown on the plan. • Security/roadway lighting for the entry road and parking lot along with possible limited adjacent security lighting. • Pre-planning for service to future concession/restroom facility which is not part of this scope but could be developed in the near future. • Coordination and response to review and input from the City and other design team members. • Provision of Electrical design contract document specifications. • Provide 3 site observations and reports of electrical construction activity. • Provide final site observation report on electrical work at completion. • Provide photo metrics to support City's interest in LED fixture options • Preparation of detailed construction cost estimates for the systems designed by the firm. • Development of a set of record drawings based on the contractor's mark ups. The Landscape Alliance January 26, 2015 Page 2 Basic Services will include the review of submittals and shop drawings for equipment and systems designed and/or specified by Summit. Submittal review will be limited to the initial review and one re-submittal per specification section. Basic Services will include response to Request for Information on issues within Summits scope of work. Summit will complete the electrical portions of applicable energy code reports. Drawings will be prepared in AutoCAD Release 2013. ADDITIONAL SERVICES (IF REQUESTED) Energy and/or economic analysis of alternative equipment or systems other than the work required to complete the electrical portions of applicable energy code reports. Revisions to previously approved plans and/or specifications. Analysis or incorporation of any proposed value engineering items after issuance of approved documents. THE LANDSCAPE ALLIANCE WILL: Provide building and site base plans in AutoCAD Release 2010 or higher for use by Summit in preparation of engineering drawings. Perform or provide all required printing of plans and specifications for design coordination, submittal for code review, and bid packages. Advise Summit of the applicable codes and design standards. Provide a design schedule for the project and advise Summit of any revisions to the schedule which may occur. Provide documentation for all owner furnished equipment requiring mechanical,electrical, or plumbing connections or support. COMPENSATION FOR ENGINEERING SERVICES: Summit Consultants will be paid for Basic Services the stipulated sum of $34,000, plus reimbursable expenses times 1.1. Compensation for other Additional Services will be on the basis of direct salary cost times 2.9 plus reimbursable expenses times 1.1. Please see Attachment B Hourly Billing Rennes for current total billing ranges for Summit personnel. Statements for services will be submitted monthly and will be due upon receipt. A 2% discount will be credited to the account if Summit Consultants, Inc. receives payment for The Landscape Alliance January 26, 2015 Page 3 services within ten days of the date of the statement. Accounts that are more than 45 days old will be charged interest at the rate of I%per month. Additional Services fees will be billed monthly based on the percentage of completion of the Additional Service. TERMS AND CONDITIONS: Work under this proposal will be performed in accordance with Attachment A Terms and Conditions for Professional Services,dated October 14, 2003. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indicated and return an executed copy for our files. We deeply appreciate this opportunity to be of service and look forward to working with you on this project. Sincerely, SUMMIT CONSULTANTS, INC. Garrett Brown, P.E. Principal Accepted: THE LANDSCAPE ALLIANCE Gary Kutilek, RLA Project Manager Date: ATTACHMENT F TRAFFIC AND SIGNALI7-ATION PROPOSAL LEE ENGINEERING ARIZONA TEXAS NEW MEXICO OKLAHOMA Lcc cnancaina January 23,2015 Mr.Gary Kutilek, RLA The Landscape Alliance 951 W. Pipeline Rd,Suite 410 Hurst,TX 76053 Re: Preparation of PS&E for Traffic Signal Design at the Intersection of Blue Mound Road (FM 156)at East Harmon Road in Fort Worth, Texas Dear Mr. Kutilek: Lee Engineering is pleased to submit this agreement to perform traffic engineering services for THE LANDSCAPE ALLIANCE. The services outlined below include development of schematic layout of required turn lanes and the preparation of design plans,specifications,and cost estimate data for a traffic signal installation at the intersection of Blue Mound Road (FM 156)and East Harmon Road in Fort Worth, Texas. The plan set will be prepared in cooperation with CP&Y to meet City of Fort Worth and TxDOT requirements. This letter will be an agreement between THE LANDSCAPE ALLIANCE and Lee Engineering, LLC to provide the services outlined in the Scope of Services below. SCOPE OF SERVICES: TURN LANE LAYOUT Lee Engineering will confirm the need for turn lanes at the subject intersection. At this time we expect that will include a northbound left turn lane and a southbound right turn lane along Blue Mound Road. We will then identify applicable city and TxDOT design guidelines and standards. Utilizing a basemap of the existing roadway provided by CP&Y,we will prepare a schematic layout of the required turn lanes illustrating lane widths,taper lengths,storage lengths,and turn radii. The schematic layout will be provided to CP&Y in electronic format for review. TRAFFIC SIGNAL INSTALLATION DESIGN PLANS Lee Engineering will follow the work items below in preparing design plans,specifications,and cost estimate data for modifications to the traffic signal installation at the intersection of Blue Mound Road and East Harmon Road in Fort Worth. These plans will be included in roadway modification design plans being prepared by CP&Y. • Lee Engineering will gather any data from CP&Y on the existing and proposed configuration of the intersection and utilities in the area(electronic format). This data will include a survey 3030 LBJ Freeway,Suite 1660,Dallas,TX 75234 (972)248-3006 office (972)248-3855 fax I www.leeengineering.com Page 1 of 3 file, roadway (paving) file, right-of-way file, and any available utility files. Based on this Information, we will prepare a signal design base map of the intersection. • We will review the proposed intersection geometrics and identify any features that may impact the signalization of the intersection. Potential modifications to the intersection geometrics will be discussed with CP&Y staff. • We will discuss any guidelines, procedures, objectives, and intersection specific concerns with City of Fort Worth and TxDOT engineering staff. This discussion will also determine if the existing span wire installation will be modified or if a more permanent installation with mast arms will be designed. • We will visit the project site to photograph key intersection features and measure and confirm dimensions on the base map. We will also identify the potential pole foundation locations.We will contact DIG TESS and the City of Fort Worth to locate existing underground utilities, if necessary. • We will then prepare preliminary plan sheets for review by the City and TxDOT.These sheets are expected to include new pole locations,conduit and wiring run data,signal heads,vehicle detection, and barrier free curb ramps. Plans for pavement marking and signing modifications related to the intersection will also be prepared,as needed. • Upon approval of the preliminary plan sheets by the City and TxDOT, we will prepare all necessary plan sheets for construction of the proposed traffic signal installation. The plans will conform with and will utilize City of Fort Worth and TxDOT (as necessary) design standards.A draft set of all plan sheets will be provided for review to the City and TxDOT. • Based upon comments,we will incorporate necessary changes and produce,sign, and seal final plans on 11"x 17"sheets. • We will also prepare any required technical specifications and cost estimate data for the signal installation. We will identify and gather all applicable City and TxDOT standard and special specifications required forthe signal installation.Quantity estimates for all applicable bid items will be tabulated along with up-to-date unit costs.A draft set of specifications and cost estimate data will be submitted to CP&Y and the City for review. Upon completion of the review, we will incorporate necessary changes and produce final specifications and i estimate data. • It is our understanding that all contract documents and bidding/contracting services will be prepared by others as part of the roadway construction project. • We will provide construction engineering services including review of submittals,up to two site visits during construction to address signal installation related questions, attendance at the final walk through,and preparation of as-built signal design plan sheets. I FEE AND SCHEDULE LEE will perform the design work within thirty-five (45)working days (excluding review time) after receiving notice to proceed and electronic base map files for a lump sum fee of$17,000. We will complete the turn lane schematics and preliminary layouts of the signal design plans for City review within twenty(30)working days after receiving the electronic survey files. Final (DRAFT) plans and specification data of the signal design will be submitted within ten(10)working days after receiving LCC Cnanaimna Page 2 of 3 review comments on the preliminary layout plans. Final signed and sealed plans will be submitted within five (5) working days after receiving comments on final (DRAFT) plans. Construction engineering services will be provided based on the project needs. Any additional services beyond the Scope of Services identified above will be performed on an hourly basis according to the attached terms and conditions dated October 23,2014. If you have any questions, please contact me at(972)248-3006. We appreciate the opportunity to submit this proposal and look forward to working with you on this project.If this agreement meets with your approval,please sign below and return a copy of this letter as notice to proceed. Sincerely Accepted: Jose T.Short, P.E., P OE President Date I LCC CIIanarivne Page 3 of 3 yt 7 Lee Engineering Terns and Conditions October 23,2014 Additional services as authorized by you will be performed at the following rates: Principal $230.00/per hour Senior Project Manager $195.00/per hour Project Manager $155.00/per hour Senior Program Manager $195.00/per hoar Program Manager $155:00/per hour Senior Engineer $145.00/per hour Project Engineer $130.00/per hour Sr.Engineering Designer $115.00/per hour Engineering Designer $95.00/per hour Senior ITS System Designer $165.00/per hour ITS System Designer $135.00/per hour Senior Technician $100.00/per hour Technician $70.00/per hour Admin Assistant/Accountant $75.001per hour Secretarial $50.00/per hour Intern $45,00/per hotr ' Highway travel IRS Allowable Rate Meals,lodging,air fares out-of-pocket costs Other Direct Expenses at cost TERMS AND CONDITIONS: I. Invoices will be submitted monthly: 2. Invoices are due and payable when received. 3. Interest at the rate of 1.5%per month will be applied to invoices not paid within 30 days f of initial billing date. 4. We reserve the right to cease work on delinquent accounts. 5. Contracting party is responsible for paying all fees and expenses associated with.all activities related to an engagement. Credit will be given for payments received directly from clients of the contracting party or from others. 6. The retainer.fee will be credited against fee with the final invoice. 7. In addition to invoices rendered and interest thereon,contracting party agrees to pay any and all legal fees and costs incurred in collecting overdue accounts. 8. Rates are subject to change annually. Work performed in subsequent years will be charged at the adjusted rates. 9. Draft reports are for review purposes only and are not to be released to any ontity that is not party to this agremnealt. 10. Extra copies of reports will be billed at$10.00 per copy. 11. . All contracts shall be subject to the laws of the State of Atizona. s:mlondwd m1e2014.doo ATTACHMENT B COMPENSATION Design Services for Park Improvements at Northwest Community Park—Phase II City Project No. 02425 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $322,953.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Parks and Community Services Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 2 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Project Number: 02425 Project Name: Northwest Community Park -Athletic Complex Development Project Summary: Development of competition athletic fields, lighting, access drives, public street intersection, parking lots, and concrete trails Project MBE/SBE Goal: City MBE/SBE Goal: 22% Consultant Committed Goal: 22.3% Consultinq Firm Responsibility Amount($) % The Landscape Alliance Project Design Management $92,225.00 28.5 % Landscape Architecture TOTALS: $92,225.00 28.5 % Proposed SBE Sub-Consultants Responsibility Amount($) % Spooner& Associates Surveying $16,270.00 5 % CMJ Engineering Geotechnical Services $3,350.00 1 % Lee Engineering Traffic and Signalization $17,000.00 5.3 % Summit Consultants Electrical Engineering $34,000.00 10.5 % Access by Design Accessibility Review $1,610.00 .5 % TOTALS: $72,230.00 22.3 % Proposed Non-SBE Sub-Consultants Responsibility Amount ' % CP&Y, Inc. Civil Engineering Design $158,948.00 49.2 % TOTALS: $158,948.00 49.2 % GRAND TOTAL: $322,953.00 100% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 2 B-2 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Amendments to the Standard Agreement are shown by strike-thru/underlined insertion format within the body of the Agreement. t 2 A 2 � � { f [ m ( % b ` � k ` a J . , $ \ \ 0 2 2 k - j - , o ..,...,.....,....� ...... § § § f V 2 7 _ ;to 'o40 � s � 7575z � 155F45 -� q - qq 51Z Q Q ■ � � 2q - _ � 2 �� § / £ IILL LL � F-� _ � W) to B &� § 35 - § E ' � F- =2 � 00 \ � / � � � ■ a � iE7 � ( � �la !t� ° R $�8 m In '° R 2 # r R / - d % F- 0 0 2C cm , ; U 0 � � °�� - � � � � � I & o ■ z E = a - Im « z ' � � � - & # � E '2� £ § c a m a - o ® � a .° & ■ t oK � w :3 k %n k 3 I o ¥ o 00 m o � o . mmm� � � mmm � m (2 tU- 35503HOS aJ iO3rOHd NOIS80 iN]nHOV-LId 'ATTACHMENT E' LOCATION MAP 0 s W Flicks Rd E Bonds Ranch Rd ' . to a. Northwest Community Park CL Hannon Rd 287 �7 3i E Batey Boawel Rd y Boawel Rd �. a Wiliam Houston Park Be r Wlk reek 2 sagin" E Melera!13Nd Disc if ekre Maa,a %,k 1114, Brian Sdwvanpter 4 MLemor4d Pam E ktlmbW Ave CwWel Sanwm Rd ' i t ow Mlffno Creek 287 g Z NORTHWEST COMMUNITY PARK 8375 - 8575 BLUE MOUND ROAD FORT WORTH, TX 76131 M&C- Council Agenda Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/5/2015 DATE: Tuesday, May 05, 2015 REFERENCE NO.: **C-27285 LOG NAME: 80NWCP- PHASE II - ENGINEERING SERVICES AGREEMENT SUBJECT: Authorize Execution of an Engineering Services Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance in the Amount of$322,953.00 for the Design, Engineering and Preparation of Construction Documents for Northwest Community Park- Phase II (2014 Bond Program) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Services Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance in the amount of$322,953.00 for the design, engineering and preparation of construction documents for Northwest Community Park-Phase Il. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Engineering Services Agreement with Gary Paul Kutilek d/b/a The Landscape Alliance for the design, engineering and preparation of construction documents for Phase II construction of Northwest Community Park. Staff considers this fee to be fair and reasonable for the scope of services proposed. The Landscape Alliance will provide professional design services and will prepare documents for the construction of a competition-level ballfield athletic complex consisting of: - 2 youth size baseball fields - 1 adult size baseball field - 1 adult size softball field - a parking lot to accommodate users - an access drive from SH 156 to the parking lot - hard surface trails - native landscape restoration - interpretive signage - all necessary utilities to supply power and water On August 26, 2014, the City Council approved Resolution No. 4350-08-2014 to Conduct a Public Hearing, Authorize Application for and Acceptance of a Texas Parks and Wildlife Department Urban Outdoor Recreation Grant in the Amount of$1,000,000.00, for the Northwest Community Park- Phase II - Athletic Complex Development Project and Adopt Resolution Authorizing the Application and Designating an Official to Act on Behalf of the City of Fort Worth in Dealing with the Texas Parks and Wildlife Department(TPWD) (M&C G-18298). On January 27, 2015, the City was notified of the grant award from the TPWD. This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). hup:Happs.cfwnet.org/ecouncii/printmc.asp?id=20670&print--true&DocType=Print 5/12/2015 M&C - Council Agenda Page 2 of 3 Within the 2014 Bond Program, an amount of$2,508,400.00 was allocated specifically for the development of a competition-level ballfield athletic complex at Northwest Community Park to include supporting infrastructure. The$1,000,000.00 Texas Parks and Wildlife Grant and the$2,508,400.00 together equate to a total current budget of$3,508,400.00. Additionally, the 2014 Bond Program included$1,841,600.00 for additional athletic fields in Fort Worth public parks and in locations where City funds can be leveraged through partnerships. On October 14, 2014, (M&C G-18337)the City Council approved the initial implementation and allocation plan for the use of these funds which identified up to$200,000.00 for a challenge grant with the Fossil Creek Little League to provide additional enhancements to the facility. The final challenge grant amount including matching bond funds will be added to the project budget and be identified in the M&C to authorize awarding of the construction contract. Appropriations for the Northwest Community Park project consist of the following: Landscape Alliance Engineering Agreement $322,953.00 Administration, Inspection, Testing, and Contingencies$178,727.00 Total Appropriations $501,680.00 The construction phase project costs include an estimated construction contract of$2,870,000.00 and an estimated $293,400.00 for associated construction phase soft costs including contract administration, construction inspection, materials testing and change orders for an estimated construction phase total of $3,163,400.00 and total project budget of$3,508,400.00. M/WBE Office-Gary Paul Kutilek d/b/a The Landscape Alliance is in compliance with the City's BDE Ordinance by committing to 22 percent SBE participation on this project. The City's SBE Goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that appropriations are included in the Fiscal Year 2015 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are available in the General Fund to pay expenses which will be incurred on the Northwest Community Park Project Agreement until reimbursement can occur from the issuance of public securities. Appropriations for the Northwest Community Park project consist of the following: Fund Existing Encumbrances Expenditures Revised Appropriations Balance 2014 Bond $501,680.00 $0.00 $1,631.01 $500,048.99 Program Fund FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C210 531200 807420242530 $322,953.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) http://apps.cfwnet.org/ecouncil/printr-c.asp?id=20670&print=true&DocType=Print 5/12/2015 M&C - Council Agenda Page 3 of 3 ATTACHMENTS 1. 02425 - NWCP II - Location Map.pdf (Public) 2. 02425 - NWCP II - Master Plan.pdf (Public) 3. 02425 - NWCP II -SBE Compliance Memo-03162015.pdf (CFW Internal) 4. 02425 - NWCP II -TLA- FAR -03102015.pdf (CFW Internal) 5. 02425 - NWCP II -TLA- SAM - 02162015.pdf (CFW Internal) http://apps.cfwnet.org/ecouncii/printmc.asp?id=20670&print=true&DocType=Print 5/12/2015