Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 26500
CITY SECRETARY CONTRACT NO. 46 500 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY") , and Carter & Ru=esg, me. (the "ENGINEER") , for a PROJECT generally described as: Th_p neypl o=ment- of 4 Soncer Ri _lds and 120 Car Parking Lot at Far North Community,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. (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 ervices this (Nun,f�C�LSf� Uu67N111 �i-1977 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 not be liable for the use of such drawings for any project other than the PROJECT described herein. -2- G'[C00 D M,G2rf E. Engineers 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 (1) The ENGINEER shall provide opinions of eba based on the current available informat 'qMu . - ' -3 ^N '7- PERE, 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 participation of minority business enterprises and woman business enterprises in City contracts . Engineer a_ c_knowled es IM EM �I.. �F, I M. ME 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_1 (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: Commercial General Liability $1, 000, 000 each occurrence -5- �'UNR ��41JIL IFIT K�1:11Mi11D U r 0 $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. (f) Deductible limits, or self insured retentions, affecting insurance required herein shall be aU��ISIiWQ q wrn) MVV 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 contrary contained herein, in the event a subcon- sultant ' s insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement . L. Independent Consultant The ENGINEER agrees to perform all services as an independent ���U C��' Sty 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 6hanges 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 provided by the CITY. - CNN j�Kf iUP)) �WV 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. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape (1`A RLPILMD 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 . (3) The CITY will specify that the Builders Risk/Installation insurance shall be om rehensive in -10- J �� 1'iii �C Na�r��;� j�r_ �(. 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 commence correction of such nonperforman e with r5 days D=K`00PL' 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) . G. Assignment K CRI, Gr1'[���uRD -12- ��:� u *INS, 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. K. Severability and Survival ;'�JI� b;:�G°� G` Z -13- r'rf C�r^Gj�IIWIw� 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 . V"')E 0 P D -14- 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 JEST CITY FORT WOkT By: loria P arson /�-�)� Lib Wat o City Se retary Assistant ity Manager APPROVED AS TO FORM AND LEGALITY �r a � Assis a t City Attorney RiTkrs and Zavala,J Director Pa and CommuniServices Detment ATTES / Corp rate Secretary Carter & Burge Inc . ;ontractrAuthorization � - Date >'7 r y 'S2.0 ATTACHMENT A PROPOSAL FOR PROFESSIONAL SERVICES forthe Far North Community Park Phase Fort Worth, Texas December 4, 2000 I. PROJECT DESCRIPTION Carter & Burgess, Inc. will perform professional landscape architectural, engineering, and surveying services for the development of the Far North Community Park, Phase I in Fort Worth. The complex will include the development of four (4) soccer fields (210' x 330'), fencing, entry road, (120) parking space asphalt with concrete curb and gutter parking lot, necessary spectator seating and walkways to accommodate the function of the facility. The description of the basic areas to be designed for construction are as indicated in the City of Fort Worth letter to Carter& Burgess, Inc. dated September 27, 2000, included as Exhibit "C" of this proposal. 11. SCOPE OF SERVICES A. Flood Plain Study and Environmental Engineering 1. General Observations The proposed North Fort Worth Community Park site is located in north Fort Worth, north and east of the intersection of Beach Street and Shiver Road. An un-named tributary of White's Branch traverses the eastern portion of the site. Tarrant County FIRM Panel No. 170 identifies the waterway as a Type "A" Flood Hazard Zone. However, recent work has been done in the vicinity of the site; culverts under Shiver Road and the Shiver Elementary School. The City of Fort Worth indicated that a LOMB exists for the portion of the stream effected by the proposed park. The purpose of this study is to determine the impacts that the proposed park may have on the 100-year water surface elevations for the un-named tributary. Proposed site development plans indicate that the site may impact the 100-year flood plain. This study will examine 2 alternatives to restrict the flood plain; 1) channelize the stream, and 2) provide a developable site through encroachment of the flood plain with little or no channelization. A report will be prepared to discuss the model results and proposed improvements options. 2. Preliminary Flood Study A. Data Collection Assemble existing site topographic information and flood plain studies from City of Fort Worth Parks and Community Services (FWPACS) and C&B files. After review of the existing data a site visit will be made to view and photographically document the existing conditions along the reach of the un-named tributary that will be potentially impacted. ONFICD el� PECOPOD 01073901.P01 M If U, 19"Jv�j� (j p y�o PAGE 2 Carter & Burgess, Inc. P.O. Bax 985006 Fort Worth, Texos 76185-5006 Phone 81 T735.6000 Fax: 817.735.6148 www.c-b.com B. Hydrology _ The existing hydrologic models will be reviewed to determine if additional modifications are required to fully model the un-named tributary. If necessary, the existing hydrology model will be modified for use in the subsequent hydraulic analyses. The hydrological data utilized in this study will include existing conditions and ultimate, fully developed conditions. C. Hydraulics 1. Review existing LOMR model of the un-named tributary and revise the model, if necessary, utilizing additional site topographic data obtained above. The new existing flood plains will be plotted on an exhibit map along with the FEMA effective flood zones. 2. Utilizing the hydrology developed above, C&B will evaluate the proposed design alternatives for channelization and encroachment. Proposed flood plain models will be prepared. Resulting water surface elevations, flow velocities, and other design parameters will be examined and evaluated as to impacts on the proposed site development. 3. Storm Water Pollution Prevention Plan Prepare a Storm Water Pollution Prevention Plan for the Phase I development. 4. City of Fort Worth Flood Plain Development Permit A. Prepare a City of Fort Worth Flood Plain Development Permit. B. Meet with the City of Fort Worth staff to discuss proposals for the site and to determine if the City will require a CLOMR/LOMB submittal for the project. 5. Report & Coordination A. C&B will prepare a flood'study report to address City concerns, discuss design options, provide a recommendation for final design and discuss permitting and map revision needs prior to and following construction. B. Submit the report to City for review and comment. C&B will attend a meeting with the Client and his subdivision designers to review the report and discuss the proposed options. B. Topographic Survey Mapping 1. Carter & Burgess has aerial topographic survey in digital format. C&B considers this sufficient for the Flood Plain Study and Design Development, however for Construction Documents a current on the ground survey is strongly recommended. 2. ANA Consultants, L.L.C. will provide an on site topographic mapping of the immediate area of the proposed Phase I. This on site survey will provide digital data on all pertinent existing features including paving, fencing, above grade utilities, drainage structures and trees (4" or greater in caliper) which will then be utilized to develop an accurate construction document base map. Theril �r�,Ipd l� site topographic survey will be approximately 25 acres. U'�UG°`01073901.P01 U ��(�)MP P E3 Carter 8 Burgess, Inc. P.O. Box 985006 Fort Worth, Texas 76185 5006 Phone 817.735.600() �t"�14U4 ENew c-b.com Since Phase I is totally contained within the overall Far North Community Park, a boundary survey is not-considered necessary and is not included as part of this scope item. C. Design Development 1. Meet with City to review Scope of Work and finalize program requirements for the entire development of the Far North Community Park. 2. Prepare Design Development drawings which depict the proposed development park elements. These drawings will show each park element in its proposed location and configuration. Additional design considerations at this level will include equipment selections, materials for construction, product recommendations, etc. for the proposed improvements. The Design Development drawings will be at a 35% state of completion relative to Construction Documents. 3. Prepare preliminary budget estimates based upon the Design Development drawings. 4. Design Development Review Meeting with City. D. Final Construction Documents 1. Upon completion and approval of DD drawings, C&B will initiate a geotechnical investigation for paving design. The geotechnical investigation will include not more than (3) borings. 2. Prepare Construction Drawings and Specifications for the proposed development of the Far North Community Park. The Construction Drawings will include: a. Demolition Plans (if applicable) b. Erosion Control Plans c. Layout Plans d. Grading Plans e. Construction Details f. Irrigation Plans g. Electrical Plan The drawings will be prepared at a suitable scale in order to clearly convey the design intent to the bidder and contractor. 3. Meet with City to review Final Construction Documents and coordinate contract documents for bidding by City (95% completion). 4. Presentation to Park Board at 100% completion (if requested). 5. Presentation to City Council at 100°/% completion (if requested). 6. Submit Construction Documents to Texas Department of Licensing and Regulation (TDLR) for required reviews. This will include a fee of $815 as required by TDLR. FIENUD 'C�Tp,(4'-E�M? yM�(EY 01073901.P01 1Y;�'�'I� !IJ�10 CI5G�1, AGE 4 Carter & Burgess, Inc. P.O. Box 985006 Fort Worth, Texas 76185-5006 Phone 817.735.6000 Fax: 817.735.6148 www.c-b.com E. Bid Phase Services 1. Attend pre-bid conference with City representatives. 2. Assist City in issuance of addendums, if required. F. Construction Phase Services Much of the final success of any project depends on the experience of the contractor, their commitment to quality, and to the overseeing of the contractor's work. C&B proposes to perform the following limited construction services as a supplement to daily construction administration provided by the City. 1. Attend pre-construction meeting. 2. Respond to inquiries and issue clarifications and/or Change Orders as required. 3. Process product and administrative submittals. 4. Provide site observation visits by Project Landscape Architect as requested at key times during the construction process for a total of 4 visits. 5. Provide 2 site observation visits by Project Civil Engineer periodically at key times, during the construction of the architectural facilities. 6. Conduct one site visit for the Project Landscape Architect and the Project Civil Engineer for the pre-final inspection and development of the punch list. 7. Conduct one site visit by the Project Landscape Architect for final inspection, with the City and contractor. 8. Prepare as-built drawings from Contractor field notes and modifications. G. Projected Project Schedule 1. Carter & Burgess, Inc. is committed to the timely completion of Phase I from the Design Development through the Final Completion. The following milestones are based on average times to produce similar projects and are to be the outline for the contract. Project start ups and stoppages, excessive review times, or any other outside forces that are not in control of Carter & Burgess, Inc., may affect these milestones: a. Notice to Proceed 01/08/01 b. Phase I Design Development Production 35% 01/08/01-02/26/01 c. Phase I Design Development Review 02/26/01-03/12/01 d. Phase I Construction Document Production 95% 03/12/01-04/23/01 e. Phase I Construction Document Review 04/23/01-05/07/01 f. Phase I Construction Document Completion 100% 05/07/01-05/23/01 + IfOCO�j�� Er''[�Cv�M'© ...r UD'�.�ti'�tlUUp 415/N 01073901.P01 , PAGE 5 Carter & Burgess, Inc. P.O. Box 985006 Fort Worth, Texas 76185-5006 Phone 817.735.6000 Fax: 817.735.6148 www.c-b.com ATTACHMENT B III. BASIS OF COMPENSATION Carter & Burgess, Inc. will perform the professional services outlined in the Scope of Services for the Lump Sum Fees indicated below: Hydrology and Environmental Engineering - Lump Sum A. Flood Plain Study and Environmental Engineering Data Gathering & Flood Plain Study $10,000.00 Storm Water Pollution Prevention Plan (SWPPP) $3,000.00 Flood Plain Development Permit $500.00 Sub-total Flood Plain Study & Environmental Engineering $13,500.00 Surveying Services - Lump Sum B. Topographic Survey Mapping $8,000.00 Sub-total Surveying Services $8,000.00 Design Services - Lump Sum C. Design Development $13,500.00 D. Final Construction Documents $31,500.00 Sub-total Design Services $45,000.00 E. Bid Phase Services $5,200.00 F. Construction Phase Services $9,900.00 G. Reimbursables (Including geotechnical services of $2,500.00) Not-To-Exceed $4,500.00 TOTAL $86,150.00 Reimbursable expenses such as printing, reproduction, plotting, photography, courier/delivery, postage and mileage will be paid for at cost times a 1.0 multiplier. If additional meetings, site visits, reviews, etc are requested by the City, time frames and personnel will be agreed upon prior to the work being done. The hourly rates being used for additional services are as follows: Senior Landscape Architect $95.00 Landscape Architect 65.00 Electrical Engineer 85.00 Civil Engineer 100.00 Survey Technician �Jp 75.00 Hydrologist %�,L �jfc'S7/,1I1� 95.00 • P �o 01073901.P01 PAGE 6 Carter & Burgess, Inc. P.O. Box 985006 Fort Worth, Texas 76185-5006 Phone 817.735.6000 Fax: 817.735.6148 www.c-b.com IV. ASSUMPTIONS 1. Previous hydrologic and hydraulic studies are available. 2. This study does not include final design or construction plans for flood plain modifications or wetlands/water mitigation. This study also does not include the preparation of Section 404 Nationwide or Individual permits, or FEMA CLOMR or LOMR submittals. These may be added at the request of the Client as Additional Services. 3. This scope of services does not address any Waters of the U.S. and/or wetland delineations. This scope of services does not include any site investigation for Waters of the U.S. and or wetland determinations. 4. Any additional work and/or regulatory fees not specifically included in the above scope of services will be accomplished as Additional Services. V. EXCLUSIONS A. Exclusions to the Basic Scope of Work: The following items, if provided, shall be considered reimbursable or extra to this contract: 1. Expansion of scope items or sizes of improvement. 2. Filing fees unless specifically noted otherwise. 3. Title search and investigations. 4. Printing of multiple sets of bid documents. 5. Special courier services. 6. Construction staking. 7. Re-bidding of project due to unusual circumstances. Rcc�XL PE�uG�D a I!�"M9 tlISWo Carter & Burgess, Inc. P.O. Box 985006 Fort Worth, Texas 76185-5006 Phone 817.735.6000 Fax: 817.735.6148 www.c-b.com EXHIBIT " C " September 27, 2000 Mr. Larry P. O'Flinn Carter& Burgess, Inc. 3880 Hulen St. Fort Worth, Texas 76107-7254 SUBJECT: Request For Scope of Services / Fee Proposal / Schedule For Far North Community Park Development (PHASE I DEVELOPMENT) Mr. O'Flinn: The Parks and Conununity Services Department (PACSD) is requesting that your firm provide design, preparation of construction documents, construction cost estimate based upon the allocated construction budget and estimated construction time for the project listed above. Award of a professional service agreement shall be based upon lump sum fee. Please note that the professional services performed shall be predicated on a proposed construction budget of 5450,000. This amount is exclusive of professional service fee and construction/ administration fees, which are to be administered by our department. In order to provide assistance in the formulation of scope of services / fee proposal / schedule, the following project scope/ design criteria shall be as follows: 1. The Construction budget for thi§ project is $450,000.00. 2. The project elements to be provided are 4 soccer fields (210'x330' to include grading, irrigation, typical field amenities, turf), fencing, accessible concrete pedestrian walkway/ spectator areas, 120 car asphalt parking lot with security lighting and concrete curb and gutter. 3. Provide schedule based on an anticipated early January 2001 issuance of a Notice to Proceed. 4. A concept plan has been enclosed which indicates the desired scope/location for Phase I Development. General items for consideration 1. Consultant will be responsible for preparing TDLR paperwork and will provide appropriate fees for review and inspection by TDLR. .-.-..... 2. One (1) public meeting is anticipated for this project. k I�jlS�Uh� 3. Consultant will be responsible for determining all necessary permits including but not limited to SWPP, Floodplain, etc, and executing requirements for obtaining permits. 4. Specific materials to be used on these projects (lighting, irrigation, and amenities) will be made available during initial project meeting. 5. Consultant should budget construction administration based upon the duration and complexity of the project. 6. Consultant shall adhere to Item II. -B. Of the Consultant Agreement Preparation Checklist (attached). 7. A copy of the City of Fort Worth Standard Engineering Services Agreement is attached for your review. 8. A copy of the City of Fort Worth Department of Engineering survey requirements is attached for this review. 9. All plans shall include topographic layout at a scale suitable for a 24"x 36" sheet format. 10. Consultant shall be responsible for preparation of as built drawings as part of the scope of services. 11. Construction documents for Far North Community Park Development shall be completed and submitted for review no later than late May 2001. Our department will make available for your use any existing site plans which can assist you in the site assessment/design for this project. It should be noted that the professional services are to be a contractual agreement between the City of Fort Worth and your firm and as such, a Minority/ Women's Business Enterprise (M/VWBE) participation goal for this project shall be required. The goal for this project has been set at 18%. In order to expedite this agreement, Letters of Intent are to be included in the submittal of the Scope of Services/ Fee/ Schedule Proposal. A Letter of Intent shall include the following: a. M/WBE sub-consultant used; b. Description of the scope of work to be performed by the N4/WBE sub-consultant; C. Agreed to fee amount for the N4/WBE sub-consultant services; d. Letter of Intent signed by principal of the prime consultant and M/WBE consultant. In order to determine whether the M/WBE sub-consultant is certified for use on this project, please contact the City of Fort Worth's M/WBE Office at (817) 871-6104 for certification assistance. Upon receipt of this information, PACSD will forward to the N4/WBE Office for a final goal determination. It is requested that Carter & Burgess, Inc. return the Scope of Services/ Itemized Fee Proposal (both projects separate but with common total/Schedule no later than early November 2000. Upon agreement of the fee amount by the City Council and execution of the Standard Agreement, a Notice to Proceed will be forwarded to your firm along with an executed copy of the Standard Agreement. Upon receipt of the Notice to Proceed, Carter and Burgess, Inc. shall begin work within 10 working days from the date of issuance of the Notice to Proceed. IL The Parks and Community Services Department looks forward to reaching a successful agreement for both parties and should you have any questions, please contact me at 871-5734. Sin r 1 , Rob Rodriguez, 1_andsca itect Parks and Community Services Department DC:c:\MD\Notice to Proceed-Rolling Hilis.doc c: Mike Ficke, Landscape Architect Supervisor Project File I'COP 0 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE(MM 3/28/02 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm. Rigg Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 309 W. 7th St., Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth, TX 76101-2058 817-820-8100 INSURERS AFFORDING COVERAGE 6SURED INSURER A: Northern Ins.Company Carter & Burgess, Inc. - P 0 Box 901058 INSURER B: Sentry Insurance Ft Worth TX 76101-0258 INSURER C: Great American Ins. Co. r- INSURER D: Zurich American Ins. Co. INSURER E: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATIONrR DATE IMMIDD/YY1 DATE(MMIDD/YYI LIMITS Al GENERAL LIABILITY CMM58205940 3/31/02 3/31/03 EACH OCCURRENCE $ 1000000 X 1 COMMERCIAL GENERAL LIABILITY I (Includes BlanketFIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE F OCCUR Additional 1 MED EXP(Any one Person) $ 5000 Insured&Waiver PERSONAL&ADV INJURY $ 10_00000 of Subrogation GENERAL AGGREGATE $ 2000000 GENT AGGREGATE LIMIT APPLIES PER: per contract) i PRODUCTS-COMP/OP AGG $ 2000000 POLICY -, PRO-JECT FX LOC 0 ,AUTOMOBILE LIABILITY TAP2801592 3/31/02 3/31/03 COMBINED SINGLE LIMIT $ 1000000 X I ANY AUTO (Includes Blanket (Ea accident ALL OWNED AUTOS Additional I BODILY INJURY 7 SCHEDULED AUTOS Insured&Waiver (Per Person) $ X HIRED AUTOS of Subrogation BODILY INJURY $ X NON-OWNED AUTOS per contract) (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ! ANY AUTO OTHER THAN EA ACC $ �I AUTO ONLY: AGG I $ — EXCESS UABIUTY UBA58205841= 3/31/02 I 3/31/03 EACH OCCURRENCE $ 5000000 X I OCCUR CLAIMS MADE j COMPANY A j AGGREGATE $ 5000000 TUE3577730-02= Ea Occ $ 20000000 L----J DEDUCTIBLE COMPANY C Aggregate $ 20000000 X I RETENTION $ 10000 EXCESS UMBRELLA > WORKERS COMPENSATION AND 90-05811 3131/02 3/31/03 1 X ORY LIMITS OER 1 j EMPLOYERS'LIABILITY (Blanket Waiver E.L.EACH ACCIDENT $ 1000000 Of Subrogation E.L.DISEASE-EA EMPLOYEE 1 $ 1000000 per contract) E.L.DISEASE-POLICY LIMIT $ 1000000 1 ( OTHER CMM58205940 3/31/02 3/31/03 CONTRACTORS ALL-RISK,$2,805,478 LIMIT EQUIPMENT 100000 RENTED/LEASED 5000DED SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: FAR NORTH COMMUNITY PARK ERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN ATTN PARKS & COMMUNITY SERVICE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 4200 SOUTH FREEWAY, SUITE 2200 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR FORT WORTH, TX 76115 REPRESENTATIVES. d444- 442 AUTHORIZED REPRESENTATIVE :ORD 25-S(7/97) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, theotic (ies) must be endorsed. A statement P Y on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) City of Fort Worth, Texas "11yor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 **C-18399 1 80CARTER 1 of 2 SUBJECT AUTHORIZE A SERVICE AGREEMENT WITH CARTER AND BURGESS, INC. FOR THE DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR FAR NORTH COMMUNITY PARK PHASE I DEVELOPMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional service agreement with Carter and Burgess, Inc. in the amount of $86,150.00 for the design and preparation of construction documents for Far North Community Park Phase I development. DISCUSSION: The 1998 Capital Improvement Program allocated $750,000.00 for the acquisition of Far North h Community Park and an additional $200,000.00 for the development of the park. Phase I development will include site grading, the installation of utilities, and construction of four irregated soccer fields and parking areas. h Carter and Burgess, Inc. has proposed to perform the design work for Phase I for a lump sum of $86,150.00. The scope of service includes design and engineering for a floodplain study, grading plan, utilities, irrigation, parking, and four soccer fields. Staff considers this fee to be fair and reasonable for the scope of services proposed. On July 27, 1999 (M&C L-12563), the City Council authorized the purchase of a 50.7-acre tract in far north Fort Worth from the Hillwood Development Corporation. The actual purchase price was $667,614.50, which was reduced to $337,614.50 due to a $330,000.00 credit issued by the Hillwood Development Corporation. The acquisition funds balance of $409,190.00 added to the $200,000.00 development funds total $609,190.00 of Capital Improvement Program funds available for design and development. It is anticipated that the design and construction documents will be completed by July 2001. Carter and Burgess, Inc. is in compliance with the City's M/WBE ordinance by committing 19% M/WBE participation. The City's goal on this project is 18%. h This project is located in COUNCIL DISTRICT 4. h City of Fort Worth, Texas "affor and coun"'I communication DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 **C-18399 80CARTER 2 of 2 SUBJECT AUTHORIZE A SERVICE AGREEMENT WITH CARTER AND BURGESS, INC. FOR THE DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS FOR FAR NORTH COMMUNITY PARK PHASE I DEVELOPMENT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Park and Community Services Fund. LW:k I r I i i I i Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPOVED i Libby Watson 6183 i� Originating Department Head: CITE COUNCIL Richard Zavala 5704 (from) DEC 19 2coo Additional Information Contact: C181 541200 080181041010 $86,150.00 Richard Zavala 5704