HomeMy WebLinkAboutContract 26308 CITY SECRETARY 4 j0�
CITY OF FORT WORTH, TEXAS CONTRACT NQ,
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the
"CITY") , and Teague, Nall And Perkins, Inc .
, (the "ENGINEER" ) , for a
PROJECT generally described as :
Creek Channel / and Ball Field Tmnrovem _n _s at Sander Lane Park
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER' s compensation is 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 to reasonably substantiate the invoices .
(2) Monthly invoices will be issued by the ENGINEER 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 .
(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.
4--4 the CITY fails to make payment in full to ENGINEER
billings contested in good faith within 60 days of
lJ Ir U --t 'e amount due, the ENGINEER may, after giving 7 days '
11c: cr ''�✓ei ,Q��w itten notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest . 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
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.
(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 plastic film sheets, 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
-�e--l;iable for the use of such drawings for any project
� 6G��� ,� 'n the PROJECT described herein.
E. Engineer' s Personnel at Construction Site
(1) The presence or duties of the ENGINEER' s personnel at a
construction site, whether as on-site representatives
or otherwise, do not make the ENGINEER or its personnel
in any way responsible for those duties that belong to
the CITY and/or the CITY' s construction contractors or
other entities, and do not relieve the construction
contractors or any other entity of their obligations,
duties, and responsibilities, including, but not
limited to, all construction methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the
construction work in accordance with the Contract
Documents and any health or safety precautions required
by such construction work. The ENGINEER and its
personnel have no authority to exercise any control
over any construction contractor or other entity or
their employees in connection with their work or any
health or safety precautions .
(2) Except to the extent of specific site visits expressly
detailed and set forth in Attachment A, the ENGINEER or
its personnel shall have no obligation or
responsibility to visit the construction site to become
familiar with the progress or quality of the completed
work on the PROJECT or to determine, in general, if the
work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall
anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring the
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, for any reason, the ENGINEER should
make an on-site observation (s) , on the basis of such
on-site observations, if any, the ENGINEER shall
endeavor to keep the CITY informed of any deviation
from the Contract Documents coming to the actual notice
of ENGINEER regarding the PROJECT.
(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
�-'— the ENGINEER shall provide opinions of probable costs
ij���IGQ �G1�IGli ased 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.
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 and Woman Business Enterprise (M/WBE)
participation
In accord with City of Fort Worth Ordinance No. 11923 , as
amended by Ordinance 13471, the City has goals for the
paYL'17ff'Jpation of minority business enterprises and woman
;v� ���iQ �, fY s enterprises in City contracts . Engineer acknowledges
the M/WBE goal established for this contract and its
commitment to meet that goal . Any misrepre-sentation 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 parti-
cipating 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 three (3) 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 three (3) 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
appropriate work space, in order to conduct audits in
compliance with the provisions of this article together
with subsection (3) hereof . CITY shall give subcon-
sultant reasonable advance notice of intended audits .
(3) ENGINEER and subconsultant agree to photo copy 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. ENGINEER' s Insurance
(1) Insurance coverage and limits :
ENGINEER shall provide to the City certificate (s) of
insurance documenting policies of the following coverage at
minimum limits which are to be in effect prior to
commencement of work on the PROJECT:
6mmercial General Liability
ISU $1 , 000 , 000 each occurrence
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$1, 000, 000 aggregate
Automobile Liability
$1 , 000 , 000 each accident (or reasonably equivalent
limits of coverage if written on a split limits
basis) . Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker' s Compensation
Coverage A: statutory limits
Coverage B: $100, 000 each accident
$500, 000 disease - policy limit
$100, 000 disease - each employee
Professional Liability
$1, 000, 000 each claim/annual aggregate
(2) 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.
(a) 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 .
(b) Certificate (s) of insurance shall document that
insurance coverage specified according to items
section K. (1) and K. (2) of this agreement are
provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request
required insurance documentation shall not
constitute a waiver of the insurance requirements .
(d) A minimum of thirty (30) days notice of cancel-
lation 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. Such terms shall be endorsed onto
ENGINEER' s insurance policies . Notice shall be
sent to the respective Department Director (by
name) , City of Fort Worth, 1000 Throckmorton, Fort
Worth, Texas 76102 .
(e) Insurers for all policies must be authorized to do
business in the state of Texas or be otherwise
approved by the CITY; and, such insurers shall be
acceptable to the CITY in terms of their financial
strength and solvency.
(if) Deductible limits, or self insured retentions,
r� ��i��1C1�� ' affecting insurance required herein shall be
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acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any
alternative coverage maintained through insurance
pools or risk retention groups must be also
approved. Dedicated financial resources or
letters of credit may also be acceptable to the
City.
(g) Applicable policies shall each be endorsed with a
waiver of subrogation in favor of the CITY as
respects the PROJECT.
(h) 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 .
(i) The Commercial General Liability insurance policy
shall have no exclusions by endorsements unless
such are approved by the CITY.
(j ) The Professional Liability insurance policy, if
written on a claims made basis shall be maintained
by the ENGINEER for a minimum two (2) year period
subsequent to the term of the respective PROJECT
contract with the CITY unless such coverage is
provided the ENGINEER on an occurrence basis .
(k) The CITY shall not be responsible for the direct
payment of any insurance premiums required by this
agreement . It is understood that insurance cost
is an allowable component of ENGINEER' s overhead.
(1) All insurance required in section K. , except for
the Professional Liability insurance policy, shall
be written on an occurrence basis in order to be
approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the
ENGINEER. When insurance coverage is maintained by
subconsultants, ENGINEER shall provide CITY with
documentation thereof on a certificate of
insurance. Notwithstanding anything to the
U rlril� nnr contrary contained herein, in the event a subcon-
(G� sultant ' s insurance coverage is canceled or
terminated, such cancellation or termination shall
y ° not constitute a breach by ENGINEER of the
Agreement .
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
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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
which 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 ENGINEER will , if requested, assist the
CITY 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.
Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical
data in the CITY' s possession relating to the ENGINEER' s
services on the PROJECT. The ENGINEER may rely upon the
accuracy, timeliness, and completeness of the information
5-Fcc��T, I ov'ided by the CITY.
��`��EE,IMP'V
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
and will provide labor and safety equipment as required by
the ENGINEER for such access . 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 in
writing decisions required by the CITY in a timely manner in
accordance with the project schedule in Attachment A.
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 and Indemnification
(1) To the maximum extent permitted by law, the CITY will
indemnify and release ENGINEER and its officers,
employees, and subcontractors from all claims, damages,
losses, and costs, including, but not limited to,
attorney' s fees and litigation expenses arising out of
or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or
asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy,
assess or collect any tax to fund this indemnification.
�Jrrfl�G�b1p D e indemnification and release required above shall
UIrO l5 UnDt apply in the event the discharge, release or escape
of hazardous substances, contaminants, or asbestos is a
result of ENGINEER' S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
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 .
(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.
The CITY will specify that the Builders
Rask Installation insurance shall be comprehensive in
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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
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 final designs, drawings, specifications and
documents shall be owned by the CITY.
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.
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
M-E
�k commence correction of such nonperformance with 5 days
u'��:o
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 storage
containers, microfilm, 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 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 termi-
nation 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
(1) The ENGINEER agrees to indemnify and defend the CITY
from any loss, cost, or expense claimed by third
parties for property damage and bodily injury,
including death, caused solely by the negligence or
willful misconduct of the ENGINEER, its employees,
officers, and subcontractors in connection with the
PROJECT.
(2) If the negligence or willful misconduct of both the
ENGINEER and the CITY (or a person identified above for
whom each is liable) is a cause of such damage or
injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful
misconduct as determined pursuant to T. C. P. & R. Code,
section 33 . 011 (4) (Vernon Supplement 1996) .
2r f G. Assignment
Neither party will 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 means the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors .
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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question
between the CITY and ENGINEER arising out of, or in
connection with this Agreement or the PROJECT, or any
breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation
is unsuccessful, the claim, dispute or other matter in
question shall be submitted to arbitration if both
parties acting reasonably agree that the amount of the
dispute is likely to be less than $50, 000, exclusive of
attorney' s fees, costs and expenses . Arbitration shall
be in accordance with the Construction Industry
Arbitration Rules of the American Arbitration
Association or other applicable rules of the
Association then in effect . Any award rendered by the
arbitrators less than $50, 000, exclusive of attorney' s
fees, costs and expenses, will be final , judgment may
be entered thereon in any court having jurisdiction,
and will not be subject to appeal or modification
except to the extent permitted by Sections 10 and 11 of
the Federal Arbitration Act (9 U. S .C. Sections 10 and
11) .
(2) Any award greater than $50, 000, exclusive of attorney' s
fees, costs and expenses, may be litigated by either
party on a de novo basis . The award shall become final
ninety (90) days from the date same is issued. If
litigation is filed by either party within said ninety
(90) day period, the award shall become null and void
and shall not be used by either party for any purpose
in the litigation.
GX-1- r' *Severability and Survival
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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 .H. , VI . I . , and VI .J. shall survive
termination of this AGREEMENT for any cause .
L. 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 .
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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
ATTES CITY OF ORT WO
By:. Itl
PG1 is Pearson Lib Watson
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY
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LY-1) 40
Assista City Attorney Richar Zavala, Jr. , Director
Parks and Community Services
Department
ATST: - - '
'
Michael A. Jones, P.E. Gary J. Teague, P.E.
Corporate Secretary Teague, Nall And Perkins, Inc .
Vice President-Secretary President
C /f117 G
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Contract Authorization
Date
CR 011i^U��1511G�l`, -15-
ATTACHMENT 'A`
ITEMIZED SCOPE OF SERVICES/PROJECT SCHEDULE
CREEK BANK STABILIZATION and BALLFIELD IMPROVEMENTS
at SANDY LANE PARK, FORT WORTH, TEXAS
Teague Nall and Perkins, Inc., (TNP) shall render the following professional
services (BASIC SERVICES) necessary for the development of the project
named 'CREEK BANK STABILIZATION and BALLFIELD IMPROVEMENTS at
SANDY LANE PARK'. In accordance with the scope of work as outlined by the
City of Fort Worth, dated August 02, 2000, we propose to provide the following
professional services:
1. Engineering for stream bank stabilization (one side only) at the location
of the failure of a concrete retaining wall, including analysis of a cost
efficient solution within budget constraints;
2. Assessment (only) of the USACE 404 permitting issues pertinent to the
project design;
3. Preparation of an Erosion Control Plan and a Storm Water Pollution
Prevention Plan (SW3P) for the site, if required;
4. Reorientation of the existing softball/baseball field, if necessary;
5. Relocation and upgrade of the field structures, including backstops,
fencing, lights, sidewalks, concrete dugout slab, player's benches, and
concrete bleacher pads, if necessary. Sidewalks will include barrier
free accessibility from the parking lot to the bleacher pad in
accordance with ADA requirements and the Texas Accessibility
Standards;
6. Electrical design required to upgrade the field lighting and relocation, if
necessary. We have assumed in our proposal that the capacity of the
existing electrical service will be adequate for the new alignment and
that increasing the capacity of the existing service feed is not required.
This proposal does not include increasing the service capacity;
7. Production of construction drawings and technical specifications to
accomplish the construction of the proposed project, and;
8. Activities required during the bidding and construction phases of the
project, all in accordance with the City's "Consultant Agreement
Preparation Checklist Paragraph II-B. Consultant Duties".
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A - 1
Teague Nall and Perkins, Inc., (TNP) shall render the following professional
services (SPECIAL SERVICES) necessary for the development of the project.
1. Surveying necessary to establish the location and disposition of
existing structures and proposed structures within the project site, and;
2. Geotechnical testing and engineering services to determine the typical
composition and nature of the site soils for the design of light pole
foundations and creek bank stabilization. The proposal includes two
borings and the appropriate testing of the extracted materials.
3. Fees are included for the plan review and inspection by the Texas
Department of Licensing and Regulation (TDLR) and for other permits
such as NPDES, if required;
All work is to be performed at one time subject to the schedule of the surveyor's
crew, the geotechnical engineers crew and the availability of manpower, and may
not be authorized in phases or units of work.
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A -2
PROJECT SCHEDULE
CREEK BANK STABILIZATION and BALLFIELD IMPROVEMENTS
at SANDY LANE PARK, FORT WORTH, TEXAS
TNP shall endeavor to accomplish the work in accordance with the schedule
requested by the CLIENT. However, prior to beginning work on this assignment,
TNP shall be advised of the anticipated schedule for the project, including
specific dates for various submittals and reviews by the CLIENT and/or others.
TNP shall inform CLIENT of any conflicts with the proposed schedule within five
(5) days of receipt of this information.
It is understood and agreed that the objective of all involved in this project is to
produce and provide quality and complete information and deliverables, which
requires a considerable amount of coordination and cooperation, as well as
adequate time for research, analysis and development. It is also understood that
TNP's ability to perform our scope of services is dependent upon information
being provided and reviewed by others in a timely manner, and that adjustments
in the schedule may be required, should information or reviews be delayed.
Based upon our current understanding of the scope of work for this project, and
our current workload, we propose the following schedule:
If all work is authorized at the same time:
1. The property survey and geotechnical testing and drilling can be
completed twenty (20) calendar days from receipt of the Authorization
to Proceed from the CLIENT and after receipt of survey permission
letters, if required, from the adjacent property owner(s).
2. Preliminary Opinion of Cost Estimates and Schematic Design can be
completed twenty (20) calendar days from completion of the property
survey.
3. The Preliminary Design can be completed thirty 30 calendar days
from completion of the City's review and approval of the Schematic
Design.
4. The Detailed Design can be completed thin 30 calendar days from
completion of the City's review and approval of the Preliminary Design.
S:\@proposal\fwp\AttachmentA(rev).doc
A - 3
1
5. Bid packages can be ready to issue to bidders ten 10 calendar days
from completion of a final review and approval of the Detailed Design
by the City of Fort Worth Parks and Community Services Department
(PACSD).
If work is authorized as separate units and/or Phases, a project schedule will be
provided as each unit or phase commences.
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A -4
ATTACHMENT 'B'
COMPENSATION (FEE PROPOSAL)
CREEK BANK STABILIZATION and BALLFIELD IMPROVEMENTS
at SANDY LANE PARK, FORT WORTH, TEXAS
Teague Nall and Perkins, Inc., (TNP) shall render the following professional
services necessary for the development of the project named 'CREEK BANK
STABILIZATION and BALLFIELD IMPROVEMENTS at SANDY LANE PARK'. In
accordance with the scope of work as outlined by the City of Fort Worth, dated
August 02, 2000, we propose to complete the proposed work in accordance with
the fee schedule below. A fixed fee of $46,190 will be charged based upon an
estimate of five hundred (500) to five hundred fifty (550) man hours of work
required to complete the effort for all services as outlined below.
Review fees, inspection fees, geotechnical testing and reports are included in the
fixed fee. The reproduction costs may be covered by the allowance of $500.00
for reimbursable expenses, unless paid directly by the PACSD. Additional
Special Services may be added at the Owners option, if requested. Charges for
Special Services will be based upon our usual charge rates for Special Services.
Phase Scope of Services Fee M/WBE %
Basic Engineering Site design, lighting and
Design Services Creek bank stabilization $32,000 $0 0%
Special Services Surveying $ 4,500 $ 4,500 9.74%
Geotechnical $ 2,500 $ 2,500 5.41%
TDLR Review Fee $ 315 $0 0%
TDLR Inspection Fee $ 375
Reimbursables Allowance $ 500 $0 $0
*Construction
Services Construction Admin. $ 6,000 $0 0%
TOTAL $46,190 $ 7,000 15.15%
Proposed M/WBE Subconsultants Type of Services Fees %
Gorrondona & Assoc., Inc. Surveying $ 4,500 9.74%
Terra-Mar, Inc. Geotechnical Test
and Report $ 2,500 5.41%
Q-tPR@;tR 995261docslcontract\AttachmentB(rev).doc
G' ': 'OPD B - 1
Construction Services listed above will include attendance at meetings and the
associated effort as estimated and detailed below:
*Construction Services: Hrs. Estim. Fee
Pre-Bid 3 $300
Pre-Construction 3 $300
Site Visits (4ea) 12 $1,200
Resolve Plan Interpretation Disputes 3 $300
Issue Addenda and Execute Contract Documents 6 $600
Process Change Orders 4 $400
Final Inspection/Punch List 4 $400
Shop Drawing Review/Approval 12 $1,200
Prepare Meeting Minutes, Bid Tabs, etc. 10 $600
Prepare 'As Builts' 12 $700
TOTAL $6,000
OFFICINAL VOICIOG?M
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City of Fort Worth, Texas
Imelooc 11011 Council Communication
DATE REFERENCE NUMBERLOG NAME PAGE
10/10/00 **C-18276 80SANDY 1 of 1
SUBJECT EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE, NALL
AND PERKINS, INC. FOR IMPROVEMENTS AT SANDY LANE PARK
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Teague, Nall and Perkins, Inc. in the amount of $46,190 for the design and preparation
of construction documents for creek channel improvements, erosion repair and ball field improvements
at Sandy Lane Park.
DISCUSSION:
The 1998 Capital Improvement Program allocated $131,000 for athletic field lighting improvements for
Sandy Lane Park. In addition, Capital Projects Reserve Funds in the amount of $200,000 have been
allocated for the demolition of the existing ball field, channel improvements and erosion repair.
Teague, Nall and Perkins, Inc. has proposed to perform the design work for a lump sum of $46,190.
Teague, Nall and Perkins, Inc. and the Parks and Community Services Department will assess the
existing creek bank and channel conditions, determine recommended repair and replacement, and
determine necessary additions to the existing infrastructure as warranted by additional recreational
uses. Staff considers this fee to be fair and reasonable for the scope of services proposed.
Teague, Nall and Perkins, Inc. is in compliance with the City's M/WBE Ordinance by committing to 15%
M/WBE participation. The City's goal on this project is 15%.
This project is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Parks and Community Services Fund.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) AppROVED
Libby Watson 6183 CITY CpUNCIL
Originating Department Head:
Richard Zavala 5704 (from) O'T 10 2000
C181 541200 080181043040 $46,190.00
Additional Information Contact:
CiR3 Secretary of OW
Mike Ficke 5746 City cd Fort Worth,Te"s