HomeMy WebLinkAboutContract 48975 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT'NO. �I ,L-
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and Dunaway Associates, L.P., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Como
Community Center Project.
The Agreement documents shall include the following:
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1. This Standard Agreement for Professional Services;
j 2. Attachment "A"—Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form.
Attachments A, B and C, which are attached hereto and incorporated herein, are made a part
of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments A, B or C and the terms and conditions set forth in the body of this
Agreement, the terms and conditions of this Agreement shall control.
Article I
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j Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Como Community Center.
(2) Additional services, if any, will be requested in writing by the City. The City shall
not pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $34,272.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (90) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
Page 1 of 12
OFFIGIkiL&4(L:ORD
CITY SECRETARY
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30
days, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
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Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
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City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services, Attention:
Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
I premium.
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City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
L Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
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I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
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Article VII
Transfer or Assignment
j City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
City of Fort Worth Dunaway Associates,L,P,
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
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(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
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(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
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City of Fort Worth Dunaway Associates,L,P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
Page 5 of 12
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Consultant may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
j Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Architectural Services Manager
I 401 West 13th Street
Fort Worth, Texas 76102
Consultant:
Dunaway Associates, L.P.
Attn: Jeffery Taylor, P.E.
550 Bailey Avenue, Suite 400
Fort Worth, TX 76107
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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Article XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the day of .t 2017.
BY: BY:
CITY OF FORT WORTH CONSULTANT
Dunaway Associates, L.P.
Jesus J. Chapa .Taylor, P.
Assistant City Manager ipal/Director off Site Development
Date:— Date: / 3! 17
AP ROVAL RECOMMENDED:
son A.William .
ice President-Operations
By.,` >�
Steve Cooke Date:
Director, Property Management
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APPROVED AS TO FORM AND LEGALITY M&C No.: `
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By' �/' M&C Date:
,'J'o'hn B. Strong
Assistant City Attorney
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I ATTE
/V' W/N' Form 1295 Certification:
Mary J.
City Secre ary "
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,
including e suring all perf mance and reporting requirements.
By: AVG
Brian R. Glass, AIA
Architectural Services Manager
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Dale:9/26/2016
Page 8 of 12 -OFFICIAL PMts a��K
CIT'V z'aL-c=aTAR'
ATTACHMENT "A"
Based on the Pre-Development Conference with the City of Fort Worth Staff and the Como
Community Center Conceptual Planning Package dated October 28, 2016.
Project Understanding
The scope of work consists of civil engineering services to serve the Phase I, ±23,500 SF
Community Center, parking, mass grading of the site and pad preparation for Phase IIA and Phase
1113.
Executive Fee Summary
1. Preliminary Coordination with City Staff ............................................... $1,100 Lump Sum
2. Mass Grading Plan.............................................................................. $12,500 Lump Sum
3. Integrated Storm Water Management (iSWM) Plan/Grading Permit ...... $12,500 Lump Sum
4. Geotechnical Recommendation ............................................................ $7,500 Lump Sum
Administrative Fee
Dunaway proposes to provide the scope of work described below for a fee as shown above, plus a
2% administrative fee, direct expenses and any applicable State Sales Tax. All administrative and
application fees required by review authorities will be paid by the Client and are not included in
Dunaway's proposed fee. Please find attached to this proposal our Standard Terms & Conditions
for professional services, which is also part of this proposal.
Total Fee: $34,272.00 Lump Sum Services including the 2%Administrative Fee
Detailed Scope of Work
1. Preliminary Coordination with City Staff— Dunaway will request a Pre-Development meeting with
City staff to discuss key issues related to this project. The Consultant will present preliminary
information concerning this project to City staff members to identify any unusual issues or steps
required to achieve a timely review and approval of plans after design efforts are complete.
2. Mass Grading Plan — Dunaway will prepare a ±10-acre mass grading plan for Phases I, IIA and
IIB by incorporating the Dunaway topographic information and the proposed site cross-sections
and building renderings shown in the conceptual planning package. The Consultant will establish
finish floor elevations, cut and fill quantities and locations for retaining walls. Dunaway will also
evaluate the capability of grading the site to accommodate the existing gas line that runs east to
west across the abandoned Helmick Avenue right-of-way. This effort will show the Owner two (2)
options to accommodate the gas line by altering the site plan and proposed grading configuration.
Dunaway will require the gas company or Owner to determine the average depth of the existing
line.
3. Integrated Storm Water Management (iSWM) Plan/Grading Permit — The City of Fort Worth
requires a Grading Permit or an Integrated Storm Water Management (iSWM) Plan for any land
City of Fort Worth Dunaway Associates,L.P,
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
Page 9 of 12
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disturbance of 1-acre or more. Dunaway will prepare the required documents indicating how storm
water is managed in conformance of with the City of Fort Worth integrated Storm water
Management Criteria Manual for Site Development and Construction. The effort included in the
Basic Services portion of this Scope of Services includes submittal of the iSWM to the City, receipt
and review of the City's review comments, changes required to address the City's review
comments, and re-submittal of the iSWM. Once the iSWM is approved, Dunaway will assist the
Owner in obtaining the grading permit. Effort required to address additional review comments
following submittal of the revised iSWM data shall be considered special services. If the comments
require additional analysis outside the property boundary, they will be addressed as an
ADDITIONAL HOURLY SERVICE.
4. Geotechnical Recommendation — The Consultant will engage CMJ Engineering, Inc. to provide
recommendations on compactions, lift depths, pavement and sub-base thickness, reinforcement of
structural steel, foundation type /depth / allowable loading, general fill properties, and proof rolling
the property prior to the placement of fill. CMJ will also make these recommendations based on a
total of 7 borings (3 borings for Phase I's building, 2 for the proposed football field and 2 for the
proposed pavement areas. This effort does not include the Phase IIB building structure.
Only those services specifically mentioned in the Scope of Work section are offered as part of this
proposal.
ADDITIONAL SERVICES (not included in proposal)
The following is a list of some, but not necessarily all, of the services that can be useful or required
for a project of this type. The listed services have not been included in this proposal. Dunaway can
provide or sub-consult many of these services if desired by the Client. If the Client determines any
of these services is desired, Dunaway can either amend this proposal to incorporate the desired
service or services or recommend other actions to cover the needs as expressed:
1. Flood studies for changes to FEMA flood maps.
2. Phase 1 and Phase 2 Environmental Site Assessments.
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3. Wetlands delineations and Section 404 permitting through the US Army Corps of Engineers.
4. Electrical site lighting design.
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5. Detention pond design or analysis.
6. Neighborhood Empowerment Zone assistance and approval.
7. Design Elements within 5-foot outside of the proposed building improvements are not included in
the civil and landscape scope.
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8. Design of franchise utilities (gas, electric, telephone and cable TV) will be conducted by the
franchise utility companies. Usually, each franchise utility company will provide its own design. If
desired, Dunaway will show the conduit for each of these on our drawings provided that the size,
number and material for each conduit is provided to Dunaway by the utility company.
9. Construction Staking —This service can be provided, if requested, and will be authorized under
a separate proposal or included in this one at the Client's option.
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
j Revision Date:9/26!2016
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10. Surveying services such as boundary surveys and as-built surveys and easements by separate
instrument are not included unless specifically mentioned in the scope of work.
11. Design of off-site public utility extensions or public infrastructure plans to relocate existing
facilities is not included unless specifically listed in the proposed scope of work.
12. Design of off-site paving improvements is not included unless specifically listed in the proposed
scope of work.
13. This effort does not include playground or sports facility designs. This effort can be included if
desired by the Client.
14. Soil Investigation/Laboratory Testing — Dunaway recommends that the Client retain an
independent laboratory for use in any testing required during the design phase, i.e., for density
approval in the street rights-of-way, and for any site excavation and embankment that might be
required for this project.
15. Construction inspection services are not included. Dunaway does not provide construction
inspection services.
16. Design of precast concrete superstructure for parking garage.
17. Building Envelope design including, but not limited to metal studs, window mullion systems,
and other special proprietary product systems.
18. Miscellaneous steel, including, but not limited to, guardrails, handrails, metal pan stairs and
barriers.
19. Redesign efforts related to scope of work or building footprint changes after significant design
efforts have begun or redesign efforts to meet construction budgets are not included.
End of Attachment "A"
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City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
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Signature
Name:
Sigr ature of Presi nt/ (EO
Other Title: SLCkI� --`
Date: 1117�:>/ C7
City of Fort Worth Dunaway Associates,L.P.
Standard Agreement for Professional Services Como Community Center
Revision Date:9/26/2016
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