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Contract 45217 (2)
CITY OF FORT WORTH, TEXAS 4 V dg thoZ> . _ Artfracy no. zei 5 7y) 11 STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN 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, (the "ENGINEER"), for a PROJECT generally described as: Design and Engineering Services for Harmon Field Park Improvements. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $158,345.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 i li'Fil (f1AP riCL©©[2 RECLIVED DEC 1r-t': (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 PMO Official Release Date: 1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made Because of the inherent u ncertainties in subsurface evaluations, changed or unanticipated u nderground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER D Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other e ntities, 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 n ecessary 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 ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) 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. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropnate work space in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) reasonable advance notice of intended audits. 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 u mbrella insurance with a limit of not less than $1,000,000.00 per each o ccurrence 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 n ot less than $1 000,000 each accident. Such insurance shall cover liability arising out of 'any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i ENGINEER waives all rights against the CITY and its agents, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall 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 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 j• 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. 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9of16 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 ENGINEERs 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 (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. 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 wntten Notice to Proceed from the CITY. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 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: (3) 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; 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. Pnor 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein Articles V.F., VI.B. VI D , VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Executed and effective this the ��-Y� day o BY: CITY OF FORT WORTH usan Alanis Assistant City Manager Date: \ a"1 I') I I ) I. APPROVAL RECOMMENDED: By: Richard Zavala Rirecto Parks and Community Services , 2013. BY: ENGINEER Dunaway Associates, L.P. Toby K. Ford, P.E. Vice President Date' lZ/ 0 r/13 APPROVED AS TO FORM AND M&C No. C-26577 LEGALITY By: h&c( ,L Lf (AA Dou910� �►. 131d�� m Assistant City Attorney ATTEST: Mari J. Kays City Secret6 M&C Date: December 3, 2013 help tne`-VNP-e- City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 • ATTACHMENT A PROJECT DESCRIPTION Dunaway Associates, L P (Dunaway) will provide professional landscape architectural, civil engineering, and surveying services for improvements to Harmon Athletic Complex in accordance with the "Request of Scope of Service / Itemized Fee Proposal / Schedule for Harmon Athletic Complex Improvements" dated September 4, 2013 as provided by the City of Fort Worth Parks and Community Services Department (PACS). It is Dunaway's understanding that the City of Fort Worth (Client) wishes to update the park Master Plan and develop improvements to the park site. The scope of services will include the creation of a new park Master Plan and the development of construction documents in one package with a construction value of $1,247,300. Scope of Proposed Park Improvements - The design services undertaken in this contract will include the following park elements: • (1) Competition Soccer Field — including lighting, irrigation, perimeter fencing and bleacher areas — BASE BID • (2) Competition Soccer Fields — including, irrigation, perimeter fencing and bleacher areas (not including lighting) — BASE BID (1) Competition Baseball Field — including reorientation of the existing field, irrigation, backstop and foul line fencing and bleacher area (not including lighting) — BASE BID • Parking — including concrete parking extension of the existing lot with curb and gutter, for the maximum spaces the site will allow (approximately 80 or more spaces) - BASE BID • 8' Wide Concrete Walk — approximately 600 linear feet - BASE BID • (1) PACS Prototypical Playground — PACS will provide plans and details for inclusion in the construction documents - BID ALTERNATE • (2) Group Pavilion Areas — PACS will provide plans and details for inclusion in the construction documents for pavilion structures, picnic tables, drinking fountain and bike rack - BID ALTERNATE Note: All development elements will conform to PACS Design Development Standards SCOPE OF WORK I. Master Plan Development A. BASE MAP PREPARATION Obtain existing digital files from current data provided by the Client including the following boundary surveys, water and sewer maps, easements and rights -of -way, site drainage and flood plain information, aerial topographic surveys, aerial photographs, proposed roadway 1 designs, wetland delineations and archeological surveys, and any utility information available. Dunaway will prepare an overall base map utilizing the Client provided information listed above. B ENVIRONMENTAL SERVICES Dunaway understands that recently wetland and other environmental surveys have been done as part of the Central City Project and that the Client will provide relevant environmental information to Dunaway for use and reference in the master planning and design of the park. Dunaway will review the supplied studies and utilize that information as appropriate constraints in the park development. Dunaway will not conduct further environmental or archeological studies on the park property as part of this scope of work. C. SITE EVALUATION Meet with the Client to discuss the overall goals, program elements, and schedule for the project. Perform a walkthrough of the site with Client representatives to visually analyze the existing site features, both on -site and off -site (as adjacent off -site features and land uses may impact development within the proposed parks). Document the existing site features with digital photography. Perform a review and analysis of existing plan documents including, aerial photographs, topographic maps, flood plain (FEMA) maps, soils data, existing wetland delineations, existing archeological data climactic data, etc. Based on the walkthrough of the site and the existing document review, prepare an Opportunities and Constraints exhibit documenting the primary opportunities and constraints of the existing site and the potential for development. Review any plans previously produced for the park including the previous phases of construction of the park. D. PRELIMINARY MASTER PLAN ALTERNATIVES' Prepare one (1) or more (as necessary to gain approval of the Client) Preliminary Master Plan Alternative for the potential development of the park. Client Concept Review Meeting: Meet with the Client representatives to review and discuss the Opportunities and Constraints, and the Preliminary Master Plan Alternative(s). Based 2 on input from this meeting, Dunaway will refine the Preliminary Master Plan into the Final Master Plan. E FINAL MASTER PLAN AND BUDGET ESTIMATE Prepare one (1) Final Master Plan Draft exhibit depicting the proposed development of the park. The Final Master Plan will be a color illustrative plan created by hand or in CAD and be made available in digital format. Prepare a conceptual construction budget opinion of probable construction costs (OPCC) for the development of the park elements depicted in the Final Master Plan. Client Master Plan Draft Review Meeting: Meet with the Client representatives to review and discuss the Final Master Plan Draft. Based on input from this meeting, Dunaway will refine the Final Master Plan Draft into the Final Master Plan. Incorporating input from the review meeting, Dunaway will refine and finalize the (1) Final Master Plan exhibit depicting the proposed development of the park. The Final Master Plan will be a color illustrative plan created by hand or in CAD and be made available in digital format. F. MASTER PLAN DELIVERABLES Dunaway will provide the following to the Client for the Master Plan Phase: 2 Large (22" x 34" or other appropriate size) copies of the Final Master Plan 1 Digital files of the Preliminary Master Plan Alternative(s), Final Master Plan, Opportunities and Constraints and the OPCC in PDF or similar format. II. Construction Document Package A. TOPOGRAPHIC SURVEY Dunaway will provide a Topographic Survey of the area of the park to be included in the design work. The proposed topographic survey will include all areas that are anticipated to be included in the construction document work The survey will establish the edges of the creek and creek vegetation through the park site, but will not include the survey of the creek itself or locations and identification of the trees associated with the creek. This area of the proposed survey constitutes approximately 32 acres. The topographic survey will include the locations and elevations of the above ground features such as existing streets, trails and walks, fences, light poles, parking lot, drainage features, readily visible utility components, etc. Underground utilities will not be uncovered and surveyed. A boundary survey is not deemed necessary and is not included in this scope of services; however Dunaway will 3 endeavor to locate property pins to allow the reconciliation of the proposed park features to the property lines using information available from the Client. B. TREE SURVEY The topographic survey will include the location and identification of all trees 6" DBH and larger within the park boundary. The trees along the creek that are part of the Central City P roject are not anticipated to be included in this project and will not be surveyed. As owner of the property Client hereby authorizes Dunaway and Dunaway's Surveyor to enter upon the property for the purposes of conducting Surveyor's work thereon. Land S urveying in the State of Texas is regulated by the Texas Board of Professional Land S urveying, Building Al Suite 156, 12100 Park 35 Circle, Austin, Texas 78753, telephone number (512) 239-5263. C. GEOTECHNICAL INVESTIGATION Dunaway will conduct an on -site geotechnical investigation for the purpose of determining soil characteristics and how they will affect the construction of certain proposed park elements. The geotechnical engineer will prepare a report presenting the results of the field and laboratory data together with an engineer's analysis of the results, and recommendations for construction considerations for the pavilion foundations the sports light pole footings, and the parking lot paving. D. CONSTRUCTION PLANS AND SPECIFICATIONS U pon approval of the Master Plan by the Client, Dunaway will meet with the Client to review the OPCC and determine which park elements will be included in the Bid and Construction Document Package. Once the bid package has been determined and agreed upon by the Client, Dunaway will prepare construction plans and specifications for the proposed park improvements for the Bid and Construction Document Package. Dunaway will prepare construction plans and specifications for the construction of the proposed park improvements including the park elements determined in the Master Plan Phase and the budget breakout determinations for the package. Dunaway will coordinate proposed park improvements layout and grading accordingly with surrounding facilities. These plans will be signed and sealed by registered professionals licensed in the State of Texas and will be processed with the City of Fort Worth for approval and construction. • Dunaway will provide construction drawings of the park improvements to a level of detail and to a scale appropriate for the information being proposed. • • Construction drawings of the park improvements will include structural engineering for improvements that will require piers and footings. Dunaway will provide technical specifications necessary to convey design intent and installation quality. 4 Dunaway will provide an opinion of probable construction costs (OPCC) based on the level of completeness of the construction drawings at each stage of submittal. 1. 30% CONSTRUCTION DOCUMENT SUBMITTAL a. Dunaway will prepare Construction Documents (CD's) for the proposed park improvements and submit to the Client at an approximate 30% level of completion. b. Based upon the 30% CD's, Dunaway will prepare an OPCC for the proposed improvements to be included in the Bid and Construction Document Package. c. Dunaway will attend one (1) meeting with the Client to review the 30% CD's and the 30% OPCC to confirm the overall design and obtain Client approval before proceeding into the 60% CD level documents. Dunaway will take the comments and input from the Client and incorporate those in the 60% CD's. 2. 60% CONSTRUCTION DOCUMENT SUBMITTAL a. Based upon approval of the 30% CD's from the Client, Dunaway will further develop the documents to an approximate 60% level of completion for the proposed park improvements. b. The Client will provide to Dunaway all front end documents, contracts, insurance requirements general conditions, etc. for use by Dunaway in preparing the specifications and contract documents. c. Dunaway will prepare a preliminary Table of Contents for the specifications and contract documents d. Dunaway will submit the Table of Contents for the specifications and contract documents to the Client for review and approval. e. Based upon the 60% CD's Dunaway will update the OPCC for the proposed improvements to be included in the Bid and Construction Document Package. f. Dunaway will attend one (1) meeting with the Client to review the 60% CD's and the 60% OPCC to confirm the overall design and obtain Client approval before proceeding into the 90% CD level documents. Dunaway will take the comments and input from the Client and incorporate those in the 90% CD's. 3. 90 % CONSTRUCTION DOCUMENT SUBMITTAL a. Based upon approval from the Client for the 60% CD's submittal, Dunaway will further develop the documents to an approximate 90% level of completion for the proposed park improvements The 90% CD's will be comprised of the drawings, the specifications and contract documents book. b. Based upon the 90% CD's, Dunaway will update the OPCC for the proposed improvements to be included in the Bid and Construction Document Package. c. Dunaway will attend one (1) meeting with the Client to review the 90% CD's and the 90% OPCC to confirm the overall design and obtain Client approval 5 before proceeding into the Final CD level documents (ready for bidding). Dunaway will take the comments and input from the Client and incorporate those in the Final CD's. 4. FINAL CONSTRUCTION DOCUMENTS a. Based upon approval from the Client for the 90% CD's submittal, Dunaway will prepare Final Construction Documents at an approximate 100% level of completion. The Construction Documents will be comprised of the drawings, the specifications and contract documents book suitable for the Client to utilize in publicly bidding the project . b. Based upon the 100% CD's, Dunaway will update the OPCC for the proposed improvements to be included in the Bid and Construction Document Package c. Dunaway will provide the Client with originals of the documents. d. THE CLIENT WILL BE RESPONSIBLE FOR PRINTING AND DISTRIBUTION OF THE BID DOCUMENTS. e. Dunaway will submit the final Construction Documents to the Texas Department of Licensing and Regulation (TDLR) for the State required accessibility review. Any administrative or filing fee costs associated with this review will are included in this scope of work. E. STORMWATER POLLUTION PREVENTION PLAN (SW3P1 Dunaway will prepare a storm water pollution prevention plan template for use by the Client's contractor. This template will be prepared in accordance with the Texas Commission on Environmental Quality (TCEQ) regulations for the Texas Point Discharge Elimination System (TPDES) It should be noted that it will be the Client's contractor that will be responsible for completing the information required by the template and for performing the required inspections and maintenance reports. Dunaway will assist the Client in completion of the required Notice -of - Intent (NOI) that will need to be filed by both the Client and the Contractor. F. URBAN FORESTRY Urban Forestry Plans and Aoolication — Dunaway will prepare a phase one and phase two plan in accordance with City of Fort Worth Urban Forestry requirements. These plans will be based upon an existing site plan and aerial photographs and will be signed and sealed by a Registered Professional Landscape Architect licensed in the State of Texas, and will be submitted with the application and application fee for review by the City of Fort Worth Urban Forestry Department. While under review by the Urban Forestry Department, the plans and application will be posted on their website for public comments. Upon completion of the waiting period if the City of Fort Worth Urban Forestry requirements for required canopy coverage and minimum retention have been met, the application will be approved and no further action required. Any representation before the Fort Worth Urban Forestry Board will be an additional service at an hourly fee. 6 G. BIDDING / CONSTRUCTION PHASE Dunaway will provide Bidding / Construction Phase services as follows: a. Dunaway will provide the Client with originals of the documents for the Bid and Construction Document Package. The Client will be responsible for the advertisement of the bidding, printing and distribution of bid sets and overall management of the bidding process. b. Dunaway will attend the pre -bid and pre -construction meetings. Dunaway will provide responses to bidders' questions and prepare necessary addenda. The Client will be responsible for addenda distribution. Dunaway will review and respond on Client's behalf for shop drawing submittals related to elements of the design for which Dunaway is responsible as requested by the Client e. Dunaway will review and respond to written Requests for Information (RFI s) from the Client's contractor regarding elements of the design for which Dunaway is responsible. Dunaway will provide plan interpretation and clarification as required. f. Dunaway will make six (6) site visits upon the request of the Client. During the site visits, Dunaway will review all constructed park elements for compliance with the construction documents. Dunaway will produce a record of these visits with notes and comments. All other site visits and meetings requested beyond this number will be billed hourly as an additional service, billed at Dunaway's prevailing hourly rates at the time of the service. Mileage for the additional site visits or meetings will be reimbursed by the Client and the prevailing mileage rate. Please note that Dunaway does not provide construction inspection services. We recommend that the Client retain a geotechnical engineer and/or use Client's inspectors to provide inspection of the proposed improvements. H. AS -BUILT DRAWINGS Dunaway will provide construction document bases to the General Contractor for his use in recording the As -Built conditions during construction. Dunaway will not provide As -Built drafting of the General Contractor s mark-up documents. I. DELIVERABLES • Topographic survey • 30% CD Submittal • 60% CD Submittal • 90% CD Submittal • Final Construction Documents • Storm Water Pollution Prevention Plan (SW3P) • As -built base for General Contractor • All documents produced by Dunaway will be conveyed to the Client in electronic format including piLlf format for 30% CD's, 60% CD's and 90% CD's and AutoCAD format for the 7 Topographic Survey and Construction Drawings, and Word format files for the bidding documents and technical specifications 8 ATTACHMENT B FEE Dunaway Associates, L.P. proposes to provide the above described scope of work for a LUMP SUM fee of $158,345.00 including professional fees and normal expenses. Itemized Fee • Master Plan $19,000.00 • Topographic Survey $32,800.00 • Geotechnical Investigation $6,345.00 • Construction Documents $93,000.00 • Bidding and Construction Phase $7,200.00 TOTAL $158,345.00 ADDITIONAL SERVICES The following is a partial list of services that are not anticipated to be required for your project and are not proposed to be provided by Dunaway Some of these services can be provided at an additional fee, if they are requested or if it is later determined that they are necessary. In general, additional services will be authorized either by a contract amendment or a separate proposal 1. Flood Studies for changes to FEMA Flood Maps. 2. Section 404 permitting through the US Army Corps of Engineers. 3. Construction document preparation for improvements off site or outside the scope of work. 4. Design and documentation of park facilities that may be added by the Client that result in the construction costs exceeding $1,247,300. 5. Surveying services such as boundary surveys and easements by separate instrument. 6. As -built surveying services 7. Any additional Construction Phase services. Only those services specifically mentioned in the Scope of Work section are offered as a part of this proposal. 9 ATTACHMENT C Harmon Field Park No Amendments to Standard Agreement for Engineering Services in this agreement. 10 ATTACHMENT D Schedule Per the goals stated in the `Request of Scope of Service / Itemized Fee Proposal / Schedule for Harmon Athletic Complex Improvements" dated September 27 2013, Dunaway anticipates receiving the Notice to Proceed (NTP) in mid December 2013. With this date of the NTP we anticipate the following project milestones: • Master Plan - completion • Topographic Survey - completion • Geotechnical Investigation - completion 30% CD Submittal • 60% CD Submittal • 90% CD Submittal • Final CD's for Bidding week of January 27, 2014 week of January 27, 2014 week of January 13, 2014 week of March 17, 2014 week of May 5, 2014 week of June 23, 2014 week of July 28, 2014 11 N A:TACHMENT E • k It 0s ;Q et- 11 14 1 _. c. 2wsi ts- r t�a �1, 'EIm f,Street Par 1 ;Water Gard en i �T a Pfir Hay es Armorial Park i x 13 r Greenway Park F 1 I in' PRE 1DIO--c / 4 =y 1 / t �L PASO jji>= ilk_ - a C Riverside Park -E_ t _ — PUTSBURG 1 � r Ems_ i 11 rT- -�F1.,1 I �i ri 'II I 1 [ L Cc 4 z ft Uri Err _1 LE ci LAWNWOOD�—.-�+ ; FISHER ` ="- T---- a . €— a+ ='- -_ .1 RR 4- _ s2 jr .-3 Bales _Baker CHENAIJLT �r �� � � Fr- C: Ili I11L. lir Hi — rENN1S -=- A SALLE AGGETT' 4 jail -i-rilt1 f L- � II Lkli =` 1 m 2TH LI 0 Q U- _ ;1a N :iiIII lilt -i1 1 (dHooper PLuis ark ERNE--EY'_—� [- 1 11.-er=1 A piinrnTye, f +! VANHOR.N GJ i IPSO4 E-L1 E 3 N- c ` 1 F e I aab BRCt .. t 3 i 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/3/2013 DATE: Tuesday, December 03, 2013 REFERENCE NO.: **C-26577 LOG NAME: 80HARMON ATHLETIC COMPLEX DUNAWAY AGREEMENT SUBJECT: Authorize Execution of an Engineering Agreement with Dunaway Associates, L P , in the Amount of $158,345.00 for the Design and Engineering of Park Improvements in Harmon Field Park (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Dunaway Associates, L P , in the amount of $158 345 00 for the design and engineering of park improvements in Harmon Field Park. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of an Engineering Agreement with Dunaway Associates, L P , in the amount of $158,345.00 to reassess the current master plan, design and prepare construction documents for park improvements in Harmon Field Park. Staff considers this fee to be fair and reasonable for the scope of services proposed. Improvements will include construction of new competition soccer fields, restoration of competition baseball field, expansion of existing parking lot, new playground, group pavilion areas and other park improvements. Project funding for both design and construction is comprised as follows: Park Harmon Park 2004 CIP Gas Bonus Field $528,500.00 $626,105.58 Temp Workspace Agreement $125,143.37 Donation 2013 CO's Total $18,000.00 $300,000.00 $1,597,748.95 Parks, Recreation and Community Services Improvements of the 2004 Capital Improvement Program (CIP) allocated the amount of $21,615,000.00 for park improvements at various park sites throughout the City. Funding for athletic fields and ball field lighting systems was included within the park improvements allocation for Harmon Field Park. As the result of the Trinity River Vision Project, the design and construction of the Harmon Field Park improvements required postponement to allow incorporation of the more significant Trinity River Vision Project design elements and to avoid reconstructing newly constructed improvements. This tactical management delay also enabled additional allocations from gas well lease bonus, License Agreements, mitigation fees and Certificates of Obligation funds to be realized and incorporated into the project — enabling a significantly broader scope of improvements. Remaining funds from the the 2004 CIP total the amount of $450 973.52. On May 1, 2012, (M&C G-17586) the City Council authorized the appropriation of gas lease bonus funds totaling the amount of $2,491,107.49 in conjunction with the Parks and Community Services Department's Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan As part of this appropriation, the amount of $626,105.58 in gas bonus funds were allocated for Harmon Field Park. On May 1, 2012, (M&C L-15360) the City Council authorized the acceptance of a donation from Texas Midstream Gas Services, L L C , in the amount of $18,000.00 and authorized the execution of a 90 day temporary access and workspace Agieement with Texas Midstream Gas Services, L L P Mitigation fees in the amount of $125,143.37 were received for the access drive and temporary workspace. On August 20, 2013, (M&C G-17980) the City Council approved an ordinance authorizing the sale of Series 2013A Certificates of Obligation, of which a portion was earmarked for funding of various park projects totaling $5,350,000.00 On September 17, 2013, (M&C G-18005) the City Council adopted appropriations to include the amount of $5,350,000.00 for park projects, of which the amount of $130 000 00 was appropriated for ball field lighting and the amount of $170,000 00 for athletic field development, together totaling the amount of $300 000.00 for Harmon Field Park. M/WBE OFFICE: Dunaway Associates, L.P., is in compliance with the City M/WBE Ordinance by committing 25 percent M/WBE participation. The City's goal on this project was 25 percent. Harmon Field Park is located in COUNCIL DISTRICT 8, Mapsco 63X, 63Y, 77B and 77C. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Park Gas Well Leases Fund FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C282 531200 808420116730 $158.345.00 CERTIFICATIONS: Submitted for City Manager's Office by: : Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 80 harmon aerial 1.pdf 2. C282 99617.docx 3. Dunaway Compliance Memo 11-5-13.pdf 4. FAR-00001 101613.pdf Susan Alanis (8180) Richard Zavala (5704) David Creek (5744)