HomeMy WebLinkAboutContract 47579 CITY SECRETAW
CONTRACT NO.mw -8 2flig
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 Yaggi Engineering, Inc, authorized to do business in Texas,
(the "ENGINEER"), for a PROJECT generally described as: Security Lighting
Improvements at Twenty Park Sites.
Article I
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 Seventy three
thousand, two hundred and sixty dollars ($73,200.00) 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
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Standard Agreement for Engineering Related Design Services
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any balance will be due within 30 days of receipt of the final invoice.
(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
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specified in Attachment A.
(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 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
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
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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
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,
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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.
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
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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
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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.
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d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A 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 AV 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.
1. The CITY shall not be responsible for the direct payment of any
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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
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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
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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 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."
City of Fort Worth,Texas
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(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.
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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;
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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.
City of Fort Worth,Texas
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Revised Date:9/24/2014
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I. 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.
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
Executed and effective this the %1 day of�It,.2(yt�
BY: BY:
CITY OF FORT WORTH ENGINEER
Yaggi Engineering, Inc.
Su)an Alanis Eylizabeth A. Ya i
,assistant City Manager President
Date: 3 S Date:
APPROVAL RECOMMENDED:
By:
Richa d avala
Direc r, Park & Recreation Department
APPROVED AS TO FORM AND M&C No.: C-27635
LEGALITY
M&C Date: March 1, 2016
By.
Douglas W. Black
Assistant City Attorney
ATTEST:
M.
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City Secreta v "
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OFFICIAL RECORD
City of Fort Worth,Texas �!
Standard Agreement for Engineering Related Design Services � E '�'ill
Revised Date:9/24/2014 t�r�
Page 16 of 16 u n mo,P
ATTACHMENT A
VA' GG/ ENG/NEER/NG, INC.
ELIZABETH A.YAGGI,P.E.
R.TIM YAGGI,P.E.
January 8, 2016
Mr. Carlos Gonzalez
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, TX 76115-1499
Re: Security Lighting at 20 Park Sites
City of Fort Worth, Texas
City Project No. 02479
Dear Carlos:
We sincerely appreciate the opportunity to submit this proposal to provide electrical and
structural engineering services for the referenced project. Structural engineering services will
be sub-contracted to Jakan Engineering. Our proposed lump sum fee for the scope of services
below is $73,200.00. Refer to Attachment "B".
SCOPE OF SERVICES (20 Parks)
Security lighting improvements (limited to one or two poles/fixtures per site) for the following
twenty park sites:
1. Chisolm Ridge
2. Ridgeview Farms
3. Anderson
4. Crossing at Fossil Creek
5. Falcon Ridge
6. Chuck Silcox
7. Kingswood
8. Hulen Meadows
9. Southcreek
10. McPherson Ranch
11. Willow Ridge
12. Dorado
13. Trails of Fossil Creek
14. Tehama (Ridge or Trails)
15. Reata
16. Eagle Mountain Ranch
17. Twin Mills
18. Junction
19. Chadwick Farms
20. Gid Hooper
5840 W. 1-20,Suite 270 Phone 817-483-2373
Arlington,TX 76017 www.yaggiengineering.com Fax 817-483-4233
January 8, 2016
Page 2
A) Pending on the city prioritization matrix guideline, consultant is to design security lighting
for the twenty park sites.
B) Pending the proximity and accessibility of utilities, some sites may require solar power
lighting.
C) Determine if the park site has an established power source or if a power source is close
by. If the park does not have an established power source, coordinate with City staff and
Power Company to determine the new meter location.
D) Consultant shall use City standard LED security lighting. Light fixture should be Gardco
Slenderform No. SFP-T2-5-130LA-NW-240-LF-SPR light fixture with a tapered round
aluminum pole No. TRA-CB-30H-T2.
E) Consultant shall use City standard solar security lighting. Light fixture should be Sol
LED Light No. TP-3.6-BZ-2-125W-2-HIGH-PP-1XSP1-5SH-57K-BZ-30-D2D with a 4'
mounting arm, Hapco 25' direct burial tapered steel pole, and 20' fixture mounting
height.
F) Consultant to search for a better solar power security light fixture, a 12' to 15' LED
security lighting fixture on 12' to 15' decorative pole to standardize the City's security
lighting system.
G) All City's security lighting fixtures are required to be installed on steel poles.
H) All pull box covers are required to be buried beneath a concrete cover (concrete should
fur down sides of box). Other systems are to be investigated.
1) All wiring is required to be designed and installed with aluminum wire.
J) All poles will require a sign that says "aluminum wiring".
K) Consultant to use 22" x 34" sheet size (one fixture per sheet) for all of the City's security
lighting standard poles.
• 30' Typical LED Security Lighting
• 30' LED Solar Security Lighting
•
12' — 15' LED Security Lighting
•
12'— 15' LED Decorating Lighting
COORDINATION AND DESIGN MANAGEMENT
A) Attend one (1) meeting with City representative to present schematic/concept plan and
final detail documents.
B) Perform comprehensive site analysis.
C) All layout plans to be done using photo aerial maps as background information and in
scale.
D) Perform initial due diligence to determine utility services and City / Federal requirement
needs (Ordinances, Codes, Building Permits, City Floodplain Permits, iSWIM —
integrated storm water management plan, US Corps of Engineer permits, etc.).
E) Manage the project and direct the consulting team during the design phase.
F) Communicate regularly with the City as needed.
G) Attend meetings with City representatives to review the Schematic Design, Design
Development, and the Construction Documents or 30%, 60% and 95% design review
meetings.
January 8, 2016
Page 3
EXISTING CONDITIONS
A) Based on available aerial maps, the Consultant to use AutoCAD file format to prepare
an existing conditions and demolition/'removal plan for the proposed development.
SCHEMATIC DESIGN (30%)
A) Preparation of schematic plans, sections, and preliminary specifications for planned
improvements.
B) Provide an opinion of probable construction cost for security lighting improvements and
answer questions regarding cost data.
C) Meet with City representative and Power Company to establish location of electrical
power at all proposed sites.
D) Meet with City representative and stakeholder's to present the schematic design and to
obtain schematic design comments.
E) Finalize the schematic design package to reflect changes and comments determined by
consensus at a meeting with City representatives.
DESIGN DEVELOPMENT (60%)
A) Preparation of design development plans and specifications for security lighting
improvements.
B) Provide an opinion of probable cost based upon the design development plans.
C) Design development plans and specifications should consider site utilities and structural
design.
D) Meet with City representatives to present the 60% design development design and to
obtain design development comments.
E) Finalize the 60% design development package to reflect changes and comments
determined by consensus at a meeting with City representatives.
CONSTRUCTION DOCUMENTS
A) Preparation of final construction plans and specifications for the security lighting
improvements and proposed design standard sheets for security lighting.
B) Provide an opinion of probable cost based upon the 100% construction documents.
C) Provide final specifications and details on lighting improvements.
D) Meet with City representatives to present the 95% construction documents.
E) Finalize the construction documents to reflect changes and comments determined by
consensus at a meeting with City representatives.
F) Submit 100% construction documents, in reproducible mylar format, to the City.
G) Submit electronic copy of complete construction document sheet files to the City in
AutoCAD 2008 format and PDF.
H) Upon final City approval of plan documents, consultant shall be responsible for posting
plans and specs to City's Buzzsaw web site for construction advertisement purposes. All
advertisement and construction correspondence should be completed digitally through
the Buzzsaw system. (ie. Amendments issued, plan clarifications, submittal approvals,
etc.)
January 8, 2016
Page 4
BIDDING PROCESS
A) Attend one (1) Pre-Bid Meeting.
B) Provide Bid Tabulations to the City for Bid Award Assessment.
CONSTRUCTION PHASE
A) Attend one (1) Pre-Construction meeting.
B) Review submittals of equipment/material used.
C) Site observation visits to assess work progress — 1 per site at 40% completion.
Notification shall be provided by the City.
D) Attend Final Inspection and assist in development of punch list items.
E) Review Contractor Record Drawings and Closeout Documents
SERVICES NOT INCLUDED
A) Multiple construction document packages (fee based on single package)
B) TDLR paperwork and fees, TAS/ADA compliance review, and inspection
i. City will submit drawings for any required plan reviews.
C) SWPPP
D) Topographic survey or topographic layout on plans
E) Development of as-built base drawings to be utilized by general contractor
F) Utilities and improvements beyond the property line
G) Construction materials testing services (Review of testing results included in Basic
Services)
H) Services made necessary by the default of the contractor
1) Preparing to serve or serving as an expert witness at the request of the Owner
J) Constructability services
K) Commissioning services
L) Providing any other services not otherwise customarily furnished in accordance with
generally accepted A/E practice
SCHEDULE
Refer to Attachment "D".
Electrical engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety precautions
and programs in connection with the Work, for the acts or omissions of the Contractor,
Subcontractors or any other persons performing any of the Work, or for the failure of any of
them to carry out the Work in accordance with the Contract Documents. The total aggregate
liability arising from professional acts, error or omission shall be limited to the fee for the
services rendered on this project.
January 8, 2016
Page 5
Please call if you have any questions or if you need additional information.
Sincerely,
YAGGI ENGINEERING9 INC.
Elizabe A. Yaggi, P.E.
EAY/sr
ATTACHMENT B
Compensation
Level of Effort Spreadsheet
TASKMOUR BREAKDOWN
Design Services for
Security Lighting at 20 Sites
City Project No.02479
Labor hours ExDense
Task No. Task Description Project Project Project ER CADD Administrative Total Labor Subconsulfant Total Expense Task Sub Total
Director Mans er En ineer Cost Travel Reproduction Cost
Rate $150 5150 $130 $110 $76 370 MWBE I Non-MWBE
1.0 Project Mana ement 2 0 18 8 0 4 $3800 $0 $0 $0 30 $0 $3800
1.1 Manaal Teathe Team
1.1.1 Internm Meetin s 2 2 $480 50 $480
1.1.2 QA/QC 2 10 $1,600 $0 $1,600
1.2 Communications and Reportinit
1.2.1 Pre-Design Coordnation Meeting 2 2 $480 $0 $480
1.2.2 Desi n Submittal Review Meetings 4 4 $960 $0 $960
1.2.3 Prepare Month MBE/SBE Reports 4 $280 50 $280
2.0 Schematic Design 30-Percent 0 0 29 160 114 8 $30480 $0 $0 $0 $0 $0 $30480
2.1 Prepare Existing Conditions Plans 70 70 $12,950 $0 $12,950
2.2 Meet with Power Company and City 4 26 $3,380 S0 53,380
2.3 Schematic Plans andSpecifications 15 40 40 4 $9,630 $0 $9630
2.4 Investkiate Altemate Solar Fixture Options 8 6 $1,920 $0 $1,920
2.5 Develop City Security Lighting Standard 2 8 4 $1,440 $0 $1,440
Details
2.6 Opinion of Probable Construction Cos[ 1 8 1 4 $1,160 $0 $1,160
3,0 Desi nDevelo m2rd 60 Percent0 0 16 116 110 8 $23650 $0 $2,200 $0 $0 $2,2000 $25860
3.1 Desi nDevelo ment Plans and S e. 14 100 106 4 $21,050 $0 $21,050
3.2 Structural Desi npole footin s $0 $2,200 $2,200 $2,200
Security Lighting Standard
3.3 Develop City Se2 8 4 $1,440 $0 $1,440
Details
3.4 Opinion of Probable Construction Cost 8 4 $1,160 $0 $1,160
4.0 Construction Documents 0 0 8 26 18 8 $5810 $0 $0 $0 SO $0 $5810
4.1 95%and 100%Construction Plans and 8 18 18 4 $4,650 $0 $4,650
Specifications
4.2 Construction Estimates(95%and 100% 8 4g$260
$0 $1,160
5.0 Biddin Process 0 0 1 2 0 2 $0 $0 $ $0 $0 $490
5.1 Bid Su ort
5.1.1 Attend Pre-0id Conference 1 $0 $130
5.1.2 Provide Bid Tabulations to City 2 2 $0 $360
6.0 Construction Phase 0 0 4 52 0 6 $0 $0 $0 $0 $0 56660
6.1 Construction Su ort
6.1.1 Attend PreconeWcOon Conference 2 $0 $260
6.12 Submittal Review 8 $0 $880
6.1.3 Stte Observation at 40%Com letion 20 2 $2,340 $O $2,340
6.1.4 I Final Walk Through and Punch list 20 4 $2,480 1 SO $2,480
6.2 Review Contractor Record Drawings and 2 4 $700 $0 $700
Closeout Documents
Totalsl 2 0 76 364 242 36 $70890 $0 $2,2001 $0 SO S2 200 $73,090
Project Summary
Total ours 720
Total Labor $70,890
Total Expense $2,200
MBEISBE Subconsultant $0
Non-MBEISBE Subconsultant $2,200
5% Sub Markup $110
MBE/SBE Participation 0.0%
Total Project Cost $73,200
City of Fort Worth,Texas
Attachment B-Level of Effort Supplement
PMO Official Release Date:8.09.2012
1 of 1
ATTACHMENT C
(City of Fort Worth)
ATTACHMENT D
Project Schedule
Security Lighting at 20 Sites
City Project No. 02479
April 4, 2016 Notice to Proceed
June 10, 2016 30% Submittal
June 20, 2016 Meeting with Consultant 30%
August 1, 2016 60% Submittal
August 8, 2016 Meeting with Consultant 60%
September 23, 2016 90% Submittal
October 21, 2016 Meeting with Consultant 90%
November 4, 2016 100% Submittal
November 10, 2016 1 st Advertisement
November 17, 2016 2nd Advertisement
November 22, 2016 Pre-Bid Meeting
December 1, 2016 Bid Opening
January 10, 2017 M&C Constructing Award
February 10, 2017 Contract Execution
February 24, 2017 Pre-Construction Meeting
March 6, 2017 Start of Construction
August 25, 2017 Construction Completion
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 31112016
DATE: Tuesday, March 01, 2016 REFERENCE NO.: **C-27635
LOG NAME: 80SECURITY LIGHTING AT 20 SITES YEI
SUBJECT:
Authorize Execution of an Engineering Agreement with Yaggi Engineering, Inc., in the Amount of
$73,200.00 for the Design and Engineering of Security Lighting Improvements at Twenty Park Sites and
Provide for Design Phase Administration in the Amount of$7,600.00 for a Total Anticipated Project Design
Phase Cost of$80,800.00 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 2,3,6,7 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with Yaggi
Engineering, Inc., in the amount of$73,200.00 for the design and engineering of Security Lighting
Improvements at 20 Park Sites.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to provide authorization for the execution
of an Engineering Agreement with Yaggi Engineering, Inc., (Consultant), in the amount of$73,200.00 to
design and prepare construction documents for security lighting improvements at 20 park sites for the
Park and Recreation Department. Staff considers this fee to be fair and reasonable for the scope of
services proposed.
The project scope includes:
• Establishing electrical power(where required)
. Schematic design for each park site
• Develop security lighting standard details
• Final construction documents
ECURITY LIGHTING IMPROVEMENTS TOTALS
Engineering and Design $73,200.00
Project Management, Reprographics, Bid Advertisement $ 7,600.00
Design Phase Total F'—$--§-O,-8 .00
Proposed Construction Contract F $338,500.00
Proposed inspection,Testing, Contingencies, Management,etc. $25,700.00
Proposed Construction Phase Total $364,200.00
PROJECT TOTAL $445,000.00
Funding for design and construction is identified in the table below:
Logname: 80SECURITY LIGHTING AT 20 SITES_YEI Pagel of 3
PARK I FUNDING SOURCE AMOUNT APPROPRIATED TOTAL
1O Sites 2014 Bond Program (34014) $420,000.00 $420,000.00 $420,000.00
Gid Hooper Gas Royalties and Bonus(39302) —[—$2-5—,00000 — $25,000.00-- $25,000.00
TOTAL ($445,000.00 $445,000.00 $445,000.00
Security Lighting Improvements at 19 Park sites are 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 21241-05-2014).
On March 4, 2014, (M&C G-18135) the City Council authorized the appropriation of$12,458.97 Gas
Related Revenue to Gid Hooper Park, in conjunction with the PACSD Fiscal Year 2014 Gas Related
Revenue Project Expenditure Plan. Also, on September 29, 2015, (M&C G-18586) the City Council
authorized the appropriation of$12,541.03 Gas Related Revenue to Gid Hooper Park, in conjunction with
the PARD Fiscal Year 2016 Gas Related Revenue Project Expenditure Plan for a total amount of
$25,000.00 at Gid Hooper Park.
M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from source(s) where subcontracting or supplier opportunities
are negligible.
The parks are located in COUNCIL DISTRICTS 2,3,6,7 and 8.
PARK COUNCIL MAPSCO
DISTRICT
Chisholm Ridge 34 G,L
Ridgeview Farms 34 H
nderson 7 A
Crossing at Fossil Creek 9 A
Falcon Ridge _3 58 U
Chuck Silcox 3 72 J
Kingswood � 103 E
Hulen Meadows 103 R
Southcreek 104 A
McPherson Ranch 7 8 Y
Willow Ridge F7--F,9 L
Dorado F7—F20 N
rails of Fossil Creek F7—F2-0S
ehama Ridge 7 1 N
Reata 17 21 W
Eagle Mountain Ranch 7 32 S,T
win Mills 7 33 J
unction F7—F35 A
Chadwick Farms 7 43 V
Gid Hooper —F8—F63 Z
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that appropriations are available in the current capital budget for this
design agreement, as appropriated, of the PACS Gas Lease Cap Proj Legacy and the 2014 Bond Fund.
FUNDING SOURCE AMOUNT
Logname: 80SECURITY LIGHTING AT 20 SITES YEI Page 2 of 3
12014 Bond Program (34014) H..._,....._.._..,. $420,000.00" `
(PACS Gas Lease Capital02) (Projects Fund(393 $25,000.00 J
FUND IDENTIFIERS (FIDs):
TO
F -.ounti Project ID I Program JActivityJ Budget Year I Reference# Chartfield 2 Amount
FROM
Fund I Department ID Accountl Project I DIProgramlActivityl Budget Yearl Reference# Chartfield 2 Amount
1 34014 0800450 5330500 CO2479 C05930 2016 14020109 $69,500.00
1 39302 0800450 53305001 100007 1 10059301 $3,700.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. c2479verification.xlsx (CFW Internal)
2. designexplantation.msg (CFW Internal)
3. Form 1295 -Yaggi.pdf (Public) - ---V
4. MAPS - Sec. Lighting at 20 Sites.pdf (Public)
5. proj100007.x1sx (CFW Internal)
6. SAM - Y.E..pdf (CFW Internal)
7. Waiver PARD-02479.pdf (CFW Internal)
Logname: 80SECURITY LIGHTING AT 20 SITES_YEI Page 3 of 3
CERTIFICATE OF INTERESTED PARTIES C-,�q7(�35
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-4529
Yaggi Engineering, Inc.
Arlington,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/21/2016
being filed.
City of Fort Worth Date Acknowledged-
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the goods or services to be provided under the contract.
Capital Project No. CO2479
Electrical Engineering
4 Nature of interest(check applicable)
Name of Interested Party City,State,Country(place of business)
Controlling Intermediary
Yaggi,Tim Arlington,TX United States X
Yaggi, Elizabeth Arlington,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
,wuu
'Al, - ^u&, SANDRA C. RUTHERFORD
3�=°' Notary Public,State of Texas
My Commission Expires
;; august oz, 2016
Sig toe of authorized agent cont ct g business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said Elizabeth A. Yaggi this the 21 St day of January
2016 ,to certify which,witness my hand and seal of office.
--c Sandra C. Rutherford Notary
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34416