Loading...
HomeMy WebLinkAboutContract 50377 CRY SECRETARY CONTRACT NO. �] CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Riverside Community Park Phase 1 Improvements. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation shall be in the amount of $ 70,000.00 (Seventy Thousand Dollars) as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (t) The ENGINEER shall provide the CITY sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this pts 3 4 S AGREEMENT. Invoices are due and payable within 30 days of receipt. s� R (3) Upon completion of services enumerated in Article I, the final payment of �Cr11�fl o any balance will be due within 30 days of receipt of the final invoice. BAR l 2 2019 C1C Tp s CRETA ORS A' Ry 7>. OFFICIAL RECORD N of Fort Worth,Texas dStandard Agreement for Engineering Related Design Services r► Z ■' evised Date:12.22.2016 C-1 3 if SKRETARY Page 1 of 17 FT,WORTH,TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (Z) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract worts 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:92.22.2418 Page 2 of 17 specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City o1 Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 3 of 17 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth.Texas Standard Agreement for Engineedng Related design Services Revised Date:12.22.2018 Page 4 of 17 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this AGREEMENT and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2016 Page 5 of 17 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of"any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-awned is City of Fart Worth,Texas Standard Agreement For Engineering Related Design Services Revised Date:12.22.2419 Page 6 of 17 acceptable, i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of For{Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2018 Page 7 of 17 d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A.V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g, Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of ` insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I, The CITY shall not be responsible for the direct payment of any City o1 Fort Worth,Texas Standard Agreement For Engineering Related Design Services Revised Date:12.22.2818 Page 6of17 insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all 'services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 0. 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 City of Fat Worth.Texas Standard Agreement for Engineering Related Design Services Revised pate:12.22.2016 Page 9 of 17 not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date.12.72.2016 Page 10 of 17 in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV,E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:12.22.2018 Page 11 of 17 (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-pa rty beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article V1 General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Bate:12.22.2016 Page 12oFi7 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents, C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) for convenience only by the City on 30 days' written notice. b.} by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b,} Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; city of Fart Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:42.22.2016 Page 13 of 17 C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage, (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all -termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control, other than liability for damage to the extent caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engtneering Related Design Servloes Revised Date:12.22.2016 Page 14 of 17 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules and Counterparts This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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, The following attachments and schedules are hereby made a part of this AGREEMENT: Gity of Fort Worih,Texas Standard Agreement for Engineering Related Design Services Revised pate'1222.2019 Page 15 of 17 Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the CITY's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Kimley-Horn and Associates, Inc. 4rov Su an Alanis Assistant City Manager Date: 3c) (Signatory's Printed Name) (Signatory's Printed Title) Date: Z/- o-0 -0C g APPROVAL RECOMMENDED: By: ichard Zavala Director, Park and Recreation Dept. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting r quirements. .R t CJV Tonda Rice Project Manager City of Fort Worth,Texas OFFICIAL.RICQRD Standard Agreement far Eng IneeHng Related Design Services Revised Date:12.22.2016 CITY 81CRIETARY Page 16 of 17 Imo.WoR„I,"t,X APPROVED AS TO FORM AND LEGALITY By: QY3)��— Doug . lac Senior Assistant City Attorney Form 1295 No.: NIA AT-FES M&C No.: NIA Mary J. Kayser City Secretary �� M&C Date: NIA OFFICIAL RECORD city of rvrt worth,Texas CITY SECRETARY Standard Agreementfor Engineering Related Design Services FTS WORTH,TX Revised Date:12.22.2018 Page 17 of 17 Attachment A Scope of Services PROJECT DESCRIPTION Riverside Community Park is located northeast of downtown Fort Worth,just east of 1-35W and just north of SH121,along the east bank of the West Fork Trinity River and along the west edge of Oakhurst Scenic Drive. Two-thirds of a mile in length,this 38-acre linear park is comprised of two-thirds mowed grass open space area and one-third wooded area. Portions of the park have recently been re-graded and re-seeded under a U.S.Army Corps of Engineers as part of a larger valley storage project associated with the Trinity River Vision master development north of downtown Fort Worth. An asphalt-paved 1/4-acre+parking area at the south end of the park and a concrete-paved 12'wide maintenance drive/trail (which appears to exceed 59/o longitudinal slope in some locations)was also constructed with that project. The purpose of this project is to conduct a park-wide topographic survey and prepare schematic design and cost opinion documents for anticipated Phase 1 improvements. The schematic design shall be based on the CITY's adopted park master plan. Funding for construction of Phase 1 improvements is included in the proposed City of Fort Worth 2018 Bond Program. Anticipated Phase 1 improvements include: ■ South Woods Playground(demolish existing playground and replace with new playground in same or nearby location) ■ South Woods Playground Parking Area/Entry Drive Paving(demolish and replace existing parking area and entry drive near existing playground) ■ Soccer Parking Area/Entry Drive(construct new paved 1/2-acre+parking area on elevated grade near center of park open space and new entry drive near mid-point between Race Street and Akers Avenue) ■ Soccer Practice Areas Finish-Out(finish out flat mowed grass areas for use as adult and youth soccer practice fields utilizing the U.S.Army Corps of Engineers re-graded and re- seeded areas; anticipated improvements include irrigation system,fine grading and turf over-seeding,field markers, and movable goals and bleachers; lighting improvements, field perimeter fencing, and vertical construction are not anticipated in these areas) ■ Concrete Trail/Sidewalk Connectors and Accessible Ramps (provide concrete-paved connection paths between selected park features, parking areas,and existing trails) Basic services of the initial project scope shall include preparation of schematic design and cost opinion documents. Special services of the initial project scope shall include a park-wide topographic survey. The project is anticipated to be completed within four(4) months(in about 18 weeks)from date of notice-to-proceed. Attachment A Scope of Services Revisions 02-09-18 Riverside Community Park Phase 1 Improvements Page 1 of 6 BASIC SERVICES ENGINEER shall be responsible for providing the following basic services for the project. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend one (1) project kick-off meeting(up to two-hour duration)with the CITY to review project scope,schedule, deliverables,status reporting,communications,and expectations for the project. B) Lead and manage the ENGINEER and sub-consultant design team throughout the project. C) Communicate regularly by phone and email with CITY staff. D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings with CITY staff as noted specifically in each task described below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. (Data provided by CITY shall include current park master plan, currently available park plat/boundary data, hardcopies of or electronic links to applicable current CITY standard designs and/or specifications, and any project-specific special design requirements.) B) Visit the project area (for purposes of this project described as from the centerline of Oakhurst Scenic Drive to the east shoreline water's edge of the West Fork Trinity River(at non-flood/normal pool elevation)to the centerline of East Belknap Street to the east-west property limit at north end of park) to observe and photographically document existing conditions as necessary for completion of the project. C) Prepare a project base map for the project utilizing sheet format provided by CITY, ENGINEER's special services survey data,relevant project data,and latest Google Earth or other available aerial photographic imagery. The project base map shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)format with black and white line work(and with full-color aerial photo background which can be turned on or off as requested by CITY). D) Attend one (1) meeting (up to two-hour duration) with the CITY to review project data, site photos, base map, and other information resulting from special services tasks prior to proceeding with preparation of schematic design documents. Attachment A Scope of Services Revisions 02-09-18 Riverside Community Park Phase 1 Improvements Page 2 of 6 3. Schematic design ENGINEER shall perform the following tasks: Prepare preliminary and final schematic design and cost opinion documents as described below for each of the anticipated Phase 1 improvements identified in PROJECT DESCRIPTI 0N section. Design for all improvements shall follow current CITY design standards unless directed otherwise by CITY. The ENGINEER's preliminary and final schematic design plans shall include, at a minimum, the following in sheet format provided by CITY and in order shown below: • cover sheet(1 sheet) • general notes sheet(1 sheet) • summary of quantities sheet(1 sheet) • overall site plan(with key map and references to plan sheets as noted below) (1 sheet) • plan sheets(as described below;sheet quantities per item as required for scalable legibility in half-size sheet format) o tree protection plan and standard details o erosion control plan and standard details a construction site temporary elements plan (access, circulation, fencing,equipment and material storage, power and water connections, project sign, et.al.) o demolition plan o grading drainage plan and standard details(existing and proposed 1-foot contours; proposed critical spot elevations; proposed drainage swa les, berms,and/or channels; proposed retention,detention, and/or b1oswale features, headwalls, flumes,gabio ns, short-run culvert pipes,etc.) o dimension control plan (location of benchmarks and reference points,general layout dimensions for improvements,etc.) ❑ paving plan and standard details (access and circulation drives, parking spaces,trail/sidewaIk connectors, site furnishing pads, and playground perimeter curb ramps) Attachment A Scope of Services Revisions Oz-09-18 Riverside Community Park Phase 1 Improvements Page 3 of 6 o playground plan and standard details (play equipment and play surface manufacturers' plans and standard details) o site furnishings plan and manufacturer standard details(water fountains), benches,trash receptacles,etc.) o irrigation plan(locations of proposed: connection point(s)to water main(s) adjacent to or within 100 feet of site boundary, water meter(s), Backflow preventers(s), power connection(s), controller; main lines,system coverage limit(s) and type(s),and domestic service to proposed water fountains) o planting/revegetation plan and standard details(location,type, and quantity of trees,shrub/groundcover/ornamental grass masses,sod/seeded turf,etc.) The ENGINEER's preliminary and final schematic design plans shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size)format with black and white line work(and with full-color aerial photo background which can be turned on or off as requested by CITY). The ENGINEER's preliminary and final schematic design opinion of probable construction cost shall be based on the quantities indicated on the ENGINE ER's plans and on unit prices current at the time of the cost opinion preparation. ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images, text, designs, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting, project coordination/communication, etc. A) Prepare preliminary schematic design and cost opinion documents described above. Provide CITY with three (3) hardcopies(1 full-size and 2 half-size for plan sets)and an electronic pdf for each format for CITY review. B) Attend one (1) meeting (two-hour duration) with the CITY to review preliminary schematic design and cost documents and obtain CITY input and guidance prior to proceeding with preparation of final schematic design documents. C) Prepare final schematic design and cost opinion documents incorporating input from CITY review. Provide CITY with three (3) hardcopies(1 full-size and 2 half-size for plan sets)and ail electronic pdf for each format for CITY use. Attachment A Scope of Services Revislons Oz-09-18 Riverside Community Park Phase 11 mproveme nts Page 4 of 6 SPECIAL SERVICES 1. Special Service-Topographic Survey ENGINEER shall perform the fallowing tasks: A) Conduct prepare a topographic survey of the park area (for purposes of this project described as from the centerline of Oakhurst Scenic Drive to the east shoreline water's edge of the West Fork Trinity River(at non-flood/normal pool elevation) to the centerline of East Belknap Street to the east-west property limit at north end of park). Survey shall include 1-foot contours, location and identification of single-trunk trees with trunk diameter of 4 inches and greater,any tree with crown diameter of 8 feet or greater, location/identification of surface/overhead features and utilities, subsurface features and utilities marked by others(one-call service, CITY utilities field personnel, etc.),and other visible improvements. Datum shall be tied to a benchmark or datum designated by the CITY. ENGINEER shall provide the survey to CITY in both AutoCAD and PDF electronic format with both bearing the seal and signature of a Texas Registered Professional Land Surveyor. The following itemized surveying services are to be provided: 1. Establish horizontal and vertical control for the project.The horizontal control shalt be tied to NAD83,North Central zone 4202, utilizing a scale factor of 1.00012,a minimum of six(6) control points will be set.The vertical control shall be tied to City of Fort Worth vertical datum (unless directed otherwise by CITY); a minimum of two (2)temporary benchmarks shall be set for construction, 2. Tie all improvements X,Y&x(including but not limited to paving,trails,walks, play equipment, storm drains, manholes, headwalls, lined swales/ditches, trees). Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes located in the park area.The survey shall also delineate the CITY park dedicated property boundary,dedicated easements,and location and elevation of the Tarrant Regional Water District flood easement. 3. Prepare a final design/topographic drawing in a digital format showing all features located in the field, one-foot interval contours and a TIN file. Deliverables shall also include a copy of the field notes, an ASCII coordinate file of all paints located in the field and a hard copy of the coordinates. Attachment A Scope of Services Revisions 02-09-18 Riverside Community Park Phase 1 Improvements Page 5 of 6 CLARIFICATIONS AND EXCLUSIONS 1. Any services and/or work products by ENGINEER beyond those specifically described above are not included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to performance of such services. 2. CITY shall provide review, coordination,and submittals related to historic resources. 3. CITY shall provide review,coordination,and submittals related to tree preservation ordinance requirements. Attachment A Scope of Services Revisions 02-09-18 Riverside Community Park Phase 1 improvements Page 6 of 6 Attachment B Compensation The services described in Attachment A Scope of Services shall be provided for a total lump sum fee of$70,000.00 (Seventy Thousand Dollars). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services: Riverside Community Park Phase 1 Improvements Task Fee Basic Services 1. Coordination/Management/Communication $ 8,500 2. Data Review/Site Visit/Base Map $ 5,300 3. Schematic Design 34,200 Basic Services Subtotal $ 48,000 Special Services 1. Special Service—Topographic Survey 22,000 Special Services 5ubtotal $ 22,000 Total Fee for Services $70,000 Attachment B Compensation 02-12-18 Riverside Community Park Phase 1 Improvements Page 1 of 1 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services [No amendments are required.] Attachment C Amendments to Standard Agreement for Engineering Related Professional Services 02-12.18 Riverside Community Park Phase 1 Improvements Page 1 of 1 Attachment D Schedule The project is anticipated to be completed within four(4)months(in about 18 weeks). Shown below is the anticipated time duration breakdown by task: Riverside Community Park Phase 1 Improvements Task Duration Basic Services 1. Coordination/Management/Communication (ongoing) N/A 2. Data Review/Site Visit/Base Map 8 Weeks 3. Schematic Design 10 Weeks Basic Services Duration 18 Weeks Special Services 1. Special Service—Topographic Survey (during task above) N/A Special Services Duration N/A Total Project Duration 18 Weeks Attachment D Schedule 02.12-18 Riverside Community Park Phase 1 Improvements Page 1 of 1 Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Cade, the CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel;and(2) will not boycott Israel during the term of the contract. BY: ENGINEER Kimley-Horn and Associates, Inc. �& �L�-o (Signature) ,} [..r7 �. rml (Signatory's Printed Name) 51(f4'1 4 C,Q r (Signatory's Printed Title) 1/3-0/ ,o 18 (Printed Date) Supplemental Attachment PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL 62-12-18 RlversIde Community Park Phase I Improvements Page 1 of 1 tORT WORTH REQUEST FOR M{SSE CONTRACT GOAL Check type of contract: E� Construction CMAR Construction Management F-= DesignlBuild Professional CISIP Other, please explain DEPT. Name: park& Recreation First Advertise Date: Date to MWBE Office: 02-21-18 IS THIS CONTRACT ASSOCIATED WITH TRV?Yes❑No._ OR WITH SH-121TR Yes❑ No 0 f)nllar value of TRS .' contract p.nrti{)n $ SH-I.2I. I'R. contract. pc.irtion IS THIS A FEDERALLY FUNDED CONTRACT? Yes❑ No[]J IS THIS A CIP CONTRACT? YesO No❑ IS THIS A BOND FUNDED CONTRACT? Yes❑ No Q If yes, what year Construction: IS THIS A LUMP SUM CONTRACT? Yes❑ No❑ BID DATE Professional, IS THIS A FIXED FEE NOT-TO-EXCEED CONTRACT?Yes IL No[-] THIS A HOURLY HOT-TO-EXCEED CONTRACT? YesLJ Nom IS THIS A COMBINED PROJECT? Yes[] No❑►I IS THIS A REVISION? Yes❑ No El If yes, enter the .revision number❑ IS THIS A CHANGE ORDER?Yes❑ No 0 Enter# [ � Contractor: .IS THIS AN AMENDMENT?Yes❑ No❑Enter# E:1 Design Firm: Klmley-Horn and Associates, Inc. If this is not the initial change orderlamendrnent,sularnit copies of all previous change orderfarnendments regardless of whether a M&C was required for funding. CONTRACT DESCRIPTION (Including Street blames): Basic services include preparation of schemauc dea'gn and cost opinion documents.. Special services include topographic survey. Check applicable boxes: ❑Concrete Paving ❑ Asphalt Paving ❑ Drainage ❑ Water ❑ Sewer ❑ Other Alternates Capital Project#_G°1191 DOE/Other Projlect# TOTAL CONTRACT ESTIMATE: $ 150,000 (Please ATTACH individual sub-totals for contracts with multiple u n itsisections including contingency. 11 If the documentation is not clear and, concise, it will be returned to the department.) Tonda Rice 4 EXT. x5759 Project Manager `r'ect Mlanager Signature DATE: 02-21-18 Name of Design Firm_ Kirnley-Horn and Associates, Inc. Check here to acknowledge that if pay Rem quantities are added to the proposal section after an MISSE goal has been lug provided by the MIWBE Office, the revised proposal roust be submitted to the MIWBE Office for review. A compliance review will not be performed if additional pay items or quantities, which will potentially impact the MISIDBE goal, are added to the proposal section after the issuance of a MISBE goal. THIS PORTION TO BE COMPLETED BY MIWBE OFFICE Prof.SRE Goal Const. MBE Goal Const.SBE Goal MISBE PROJECT GOAL: L % - % If the goal provided by trine only au borl,ed entity,the MWLIE Office staff is modified in any wary,thiF subrnisslov of t.heYo•Now-up wa•mp lance documenta.flori will bo mill and void, Comments: •r M/WBE CCS:d �,�L�[ + �� EXT: CD'75 DATE; AG Rev. 0712411.2