HomeMy WebLinkAboutContract 49144 CITY SECRETARY C L
CITY OF FORT WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY'), and Dunaway Associates, L. P., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: WRMC
Polylast Crossing Drainage Analysis.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Proposal for Professional Services, Will Rogers
Memorial Center—Polylast Crossing Drainage Analysis.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of$2,550.00 unless the City
and the Consultant mutually agree upon a fee amount for additional services and amend
this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
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Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 90
days, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
City of Fort worth,Texas
Standard Agreement for Professional Services
Revision Date:9/26/2016
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease- policy limit
$100,000 disease -each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services, Attention:
Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:9/26/2016
Page 3 of 8
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
L Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
1. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article Vill
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Dale:9126/2016
Page 4 of 8
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
Il of this Agreement.
(3)All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Dale:9126/2016
Page 5 of e
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Consultant may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:912612016
Page 6 of 8
interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76102
Consultant:
Dunaway Associates, L. P.
Attn: Jeffrey S. Taylor, P. E.
550 Bailey Avenue, Suite 400
Fort Worth, Texas 76107
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Dale:9/26/2016
Page 7 of 8
Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the:/'j ff/—day of June, 2017.
BY: BY:
CITY OF FORT WORTH CONSULTANT
Dunaway Associates, L. P.
Jesus J. Chapa S. Ta or, . E.
Assistant City Manager 4i cipall/Director of Site Development
Date: ��� Date: / 3 if 17
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OVAL RECOMM—LADED:
By-
eve Cooke
D ector, Property Management ��
APPROVED AS TO FORM AND LEGALITY M&C No.: n/a
By: M&C Date: n/a
J n B. Strong
Assistant City Attorney
Form 1295 Certification: n/a
ATTEST:
` �4F•FRT
Maryl a e ;gyp
City S cretary
XAS
OFFICIAL.RECORD
City of Fort worth,Texas CITY SECRETARY
Standard Agreement for Professional Services
Revision Date.9/26/2016 'WORTH,TX
Page a of 8
FORTWORTH
MEMORANDUM
Re: WRMC Polylast Crossing Drainage Analysis
Date: June 1, 2017
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of
this ntract, inclu/ ge urigall performance and reporting requirements.
Brian R. Glass,AIA
Architectural Services Manager
PROPERTY MANAGEMENT DEPARTMENT
FACILITIES DIVLSION
THE CrrX OT FORT WORTH*401 WEST 13TO STREET*FORT WORTH,TEXAS 76102
(8l 7)392-2586*FAX(8l 7)392-8488
O DUNAWAY
Dunaway No. P001030.008
May 30, 2017
Mr. James Horner
City of Fort Worth—Public Events
1201 Houston Street
Fort Worth,TX 76102 Via e-mail:james.homer@fortworthtexas.com
Reference: Proposal for Professional Services
Will Rogers Memorial Center—Polylast Crossing Drainage Analysis
Dear Mr, Horner:
Dunaway Associates, L.P. (Dunaway) is pleased to submit this proposal for a drainage analysis
report for the above-referenced project. Based on the on-site meeting and discussions with City
of Fort Worth representatives, we believe the following scope of services will meet your needs for
this project.
Project Understandina
The scope of work consists of providing a drainage analysis report for the proposed application of
Polylast, a pavement surface treatment used in equine/livestock areas.
Executive Fee Summary
1. Drainage Analysis Report—Polylast Crossings.........................................$2,550 Lump Sum
Total: $2,550 Lump Sum Services
FEE
Dunaway proposes to provide the scope of work described below for a fee as shown above,direct
expenses and any applicable State Sales Tax. All administrative and application fees required by
review authorities will be paid by the Client and are not included in Dunaway's proposed fee.
Please find attached to this proposal our Standard Terms & Conditions for professional services,
which is also part of this proposal.
DETAILED SCOPE OF WORK
1. Drainage Analysis Report — Polylast Crossings — Dunaway will prepare a drainage
analysis report that will include analysis of existing drainage patterns/conditions at three
(3) locations indicated by the Owner and shown on Exhibit A (attached). The report will
also analyze the impacts of proposed Polylast installation at these locations.
Corporate: 550 Dailey Avenue,Suite 400 Z Fort Worth,Texas 76107 g Tel:817.335.1121 * Fax_817.335.7437 3 dunawayossociates.com
Fort Worth * Austin f Midland ;� Prosper 3 San Antonio
Proposal for Professional Services
Will Rogers Memorial Center—Polylast Crossing Drainage Analysis
Page 2
ADDITIONAL SERVICES(not included in proposal)
The following is a list of some, but not necessarily all, of the services that can be useful or required
for a project of this type. The listed services have not been included in this proposal. Dunaway
can provide or sub-consult many of these services if desired by the Client. If the Client determines
any of these services is desired, Dunaway can either amend this proposal to incorporate the
desired service or services or recommend other actions to cover the needs as expressed.
1. Construction Documents for Public and/or Private Improvements.
2. Construction Administration — Once the final plat is filed and the construction plans are
approved and/or the building permit pulled, then the base scope of services is complete.
If additional services during construction are required, these will be performed hourly and
will be billed on an as-needed basis.
3. Integrated Storm Water Management(iSWM) Plan/Grading Permit.
4. Flood studies for changes to FEMA flood maps.
5. Construction Staking—This service can be provided, if requested, and will be authorized
under a separate proposal or included in this one at the Client's option.
6. Surveying services such as topographic surveys, ALTA surveys, boundary surveys,
as-built surveys, and/or easements by separate instrument are not included unless
specifically mentioned in the scope of work.
7. Construction inspection services are not included. Dunaway does not provide construction
inspection services. Normally, we recommend that the Client retain a geotechnical
engineering consultant to provide construction inspection services for private
improvements.
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www.dunawayc)ssociales.com
Proposal for Professional Services
Will Rogers Memorial Center—Polylast Crossing Drainage Analysis
Page 3
If this proposal meets with your approval, please sign below and return one copy to our office as
our notice to proceed. We appreciate the opportunity to assist you with this project and look
forward to its success.
Respectfully submitted,
DUNAWAY ASSOCIATES, L.P., Agreed &Accepted
a Texas limited partnership
CITY OF FORT WORTH—PUBLIC EVENTS
eBy:
o , P.E.
ctor of Site Development Name:
Title:
Date:
Attachments: Exhibit A
JST/amc/thd
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