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HomeMy WebLinkAboutContract 50743 34 S6 e CITY SECRE�TyA�RF j CONTRACT NO. RECEIVED o MAY 1 1 r `T 701 CITYOrFORTWpftTH ^' City Secretary Contract No. r � CITYSECRETARY 9.9 b £ Z STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This STANDARD AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipal corporation situated in portions of Tarrant, Denton, Johnson and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, and DUNAWAY ASSOCIATES, L.P. ("Engineer"), a Texas Limited Partnership. City and Engineer are each individually referred to as a "party" and collectively referred to as the "parties." The term "Engineer" shall include Engineer, its officers, agents, employees, representatives, contractors, or subcontractors. The term "City" shall include its officers,employees,agents,and representatives. AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Standard Agreement for Professional Engineering Services; and 2. Exhibit A—Scope of Services All Exhibits 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 the Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Engineer hereby agrees,with good faith and due diligence,to provide the City with a topographic survey of a 4-acre area and schematic parking lot design services to prepare a site layout for a parking lot expansion. Specifically, Engineer will perform all duties outlined and described in the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein for all purposes, and further referred to herein as the"Services."Engineer shall perform the Services with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinal professional skill and care of a competent engineer. In addition, Engineer shall perform the Services in accordance with all applicable federal, state,and local laws,rules,and regulations. 2. TERM. This Agreement shall begin on May 1, 2018 ("Effective Date") and shall expire on May 1, 2019 ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. This Agreement may be renewed under the same terms and conditions, for up to two(2)one-year renewal periods,at the City's option. 3. COMPENSATION. City shall pay Engineer an amount not to exceed$10,200.00 in accordance with the provisions of this Agreement. Engineer shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services.The City Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services OFFICIAL RECORD Page 1 of 13 won",TX shall not be liable for any additional expenses of Engineer not specified by this Agreement unless the City first approves such expenses in writing. Engineer shall submit monthly invoices to the City for work performed under this Agreement. City agrees to pay all invoices of Engineer in accordance with the applicable provisions of Chapter 2251 of the Texas Government Code. 4. TERMINATION. 4.1 Convenience. Either the City or Engineer may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Breach. If either party commits a material breach of this Agreement, the non-breaching party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten(10)calendar days after receipt of notice from the non-breaching party,or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 4.3 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder,the City will notify Engineer of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay Engineer for Services actually rendered up to the effective date of termination and Engineer shall continue to provide the City with Services requested by the City and in accordance with this Agreement up to the effective date of termination.Upon termination of this Agreement for any reason, Engineer shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. In the event Engineer has received access to City information or data as required to perform the Services hereunder, Engineer shall return all City data to the City and certify that all City data has been removed from Engineer's computers and other electronic devices. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Engineer hereby warrants to the City that Engineer has made full disclosure in writing of any existing or potential conflicts of interest related to Engineer's Services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Engineer hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. The City acknowledges that Engineer may use products, materials,or methodologies proprietary to Engineer. The City agrees that Engineer's provision of Services under this Agreement shall not be grounds for the City to have or obtain any rights in such proprietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Engineer, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City("City Information")as confidential and shall not disclose any such information to a third party without the prior written approval of the City. 5.3 Unauthorized Access. Engineer shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 2 of 13 Rev. 1/2018 Information in any way. Engineer shall notify the City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Engineer shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fully cooperate with the City to protect such information from further unauthorized disclosure. 6. RIGHT TO AUDIT. Engineer 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 at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of the Engineer involving transactions relating to this Agreement at no additional cost to the City.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 not less than ten(10)days written notice of any intended audits. Engineer further agrees to include in all its subcontractor agreements that are authorized by this Agreement a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three(3)years after final payment of the subcontract,have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that the City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. The City shall give subcontractor not less than ten(10)days written notice of any intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Engineer shall operate as an independent contractor as to all rights and privileges granted herein and the Services performed under this Agreement, and not as an agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,Engineer shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors. Engineer acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers,agents,servants and employees, and Engineer, its officers, agents, employees, servants, contractors and subcontractors. Engineer further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Engineer. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Engineer or any officers,agents,servants,employees or subcontractors of Engineer. Neither Engineer,nor any officers,agents,servants,employees or subcontractors of Engineer shall be entitled to any employment benefits from the City. Engineer shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers,agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, ENGINEER SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITYAGAINSTLIABILITYFORANYDAMAGE CA USEDBYOR RESULTINGFROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 3 of 13 Rev. 1/2018 CONTRACT, OR ANOTHER ENTITY OVER WHICH ENGINEER EXERCISES CONTROL. ENGINEER SHALL REIMBURSE CITY'S REASONABLE ATTORNEY'S FEES IN PROPORTION TO ENGINEER'S LIABILITY. ENGINEER'S LIABILITY INSURANCE POLICY REQUIRED BY THIS AGREEMENT SHALL PROVIDE CITY WITHANYDEFENSE PROVIDE BY THE POLICY. 9. ASSIGNMENT AND SUBCONTRACTING. Engineer shall not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of the City.If the City grants consent to an assignment,the assignee shall execute a written agreement with the City and the Engineer under which the assignee agrees to be bound by the duties and obligations of Engineer under this Agreement.The Engineer and Assignee shall be jointly liable for all obligations of Engineer under this Agreement prior to the assignment. If the City grants consent to a subcontract,the subcontractor shall execute a written agreement with the Engineer referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Engineer under this Agreement as such duties and obligations may apply. Engineer shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. 10.1 Engineer shall carry the following insurance coverage with a company that is licensed to do business in Texas or is otherwise approved by the City: 1. Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence. 2. Automobile Liability Insurance with a combined limit of not less than $1,000,000 per occurrence. 3. Professional Liability(Errors&Omissions)in the amount of$1,000,000 per claim and $1,000,000 aggregate limit. 4. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. 5. Any other insurance as required by the City. 10.2 General Insurance Requirements: 1. All applicable policies shall name the City as an additional insured thereon, as its interests may appear.The term City shall include its employees, officers, officials, agents,and volunteers in respect to the contracted Services. 2. The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery)in favor of the City of Fort Worth. 3. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to the City.Ten(10)days' notice shall be acceptable in the event of non-payment of premium.Notice shall be sent to the Risk Manager, City of Fort Worth,200 Texas Street,Fort Worth,Texas 76102,with a copy to the Fort Worth City Attorney at the same address. 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A-VII in the current A.M. Best Key Rating Guide,or have reasonably equivalent financial strength and solvency to the satisfaction of the City's Risk Manager. If the rating is below that required, written approval of the City's Risk Manager is required. Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 4 of 13 Rev. 1/2018 5. Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that the Engineer has obtained all required insurance shall be delivered to the City prior to Engineer proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS. Engineer agrees that in the performance of the Services and obligations under this Agreement, it shall comply with all applicable federal,state and local laws,ordinances,rules and regulations. If the City notifies Engineer of any violation of such laws,ordinances,rules or regulations,Engineer shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Engineer,for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Engineer's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received by the other party by United States Mail,registered,return receipt requested,addressed as follows: To the CITY: To ENGINEER: City of Fort Worth Attn:Bob Byers Dunaway Associates,L.P. Fort Worth Botanic Garden Attn:Randall Siemon 200 Texas Street 550 Bailey Ave., Suite 400 Fort Worth,TX 76102-6314 Fort Worth, TX 76107 Email: RSiemon@dunawayassociates.com With copies to the Fort Worth City Attorney and the City Manager at the same address. 14. SOLICITATION OF EMPLOYEES. Neither the City nor Engineer shall,during the term of this Agreement and additionally for a period of one year after its termination,solicit for employment or employ,whether as an employee or independent contractor,any person who is or has been employed by the other during the term of this Agreement,without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 5 of 13 Rev. 1/2018 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of the City or Engineer to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Engineer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. The City and Engineer shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including,but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy,fires,strikes,lockouts,natural disasters,wars,riots,material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS. No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 6 of 13 Rev. 1/2018 23. ENTIRETY OF AGREEMENT. This Agreement, including and exhibit attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Engineer, their assigns and successors in interest,as to the matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. SIGNATURE AUTHORITY. The person signing this Agreement, and any amendment hereto, hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order,resolution,ordinance or other authorization of the entity. Each party is fully entitled to rely on these warranties and representation in entering into this Agreement or any amendment hereto. 25. 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 one and the same instrument. An executed Agreement,modification, amendment,or separate signature page shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and reflects the signing of the document by any party. Duplicates are valid and binding even if an original paper document bearing each party's original signature is not delivered. 26. THIRD PARTY BENEFICIARIES. The provisions and conditions of this Agreement are solely for the benefit of the City and Engineer, and their lawful successors or assigns, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 27. SURVIVAL. Section 4.4 (Duties and Obligations of Parties), Section 5 (Confidentiality), Section 6 (Right to Audit),and Section 8(Liability and Indemnification)shall survive termination of this Agreement. 28. IMMIGRATION NATIONALITY ACT. Engineer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by the City,Engineer shall provide the City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Engineer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Engineer employee who is not legally eligible to perform such services. The City,upon written notice to Engineer, shall have the right to immediately terminate this Agreement for violations of this provision by Engineer. 29. PROHIBITION ON BOYCOTTING ISRAEL. Engineer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,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 Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 7 of 13 Rev. 1/2018 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 Agreement, 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 this Agreement. 30. OWNERSHIP OF WORK PRODUCT. The City shall be the sole and exclusive owner of all reports, work papers,procedures,guides, and documentation, created, published, displayed, and/or produced in conjunction with the Services provided under this Agreement (collectively, "Work Product"). Further, the City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product shall inure to the benefit of the City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first). Each copyrightable aspect of the Work Product shall be considered a"work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Engineer hereby expressly assigns to the City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that the City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of the City. (SIGNATURES ON FOLLOWING PAGE) Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 8 of 13 Rev. 1/2018 __,,,,//� IN WI SS WHEREOF, the parties hereto have executed this Agreement in multiples this �6„_ "" day of apb 1 20[x. CITY OF FORT WORTH: Dunaw A i es, by Dornaw G par. LC its General Partner Fereado Costa Assistant City Manager me Chris Wilde,P.E. Tine Executive Vice President Date: r'/ s'i!_ . .. ..... .«... Date: APPROVAL RECOMMENDED: ATTEST: Ri hard Zavala Director,Park and Recreation APPROVED AS TO FORM AND LEGALITY: Richard A.McCracken Assistant City Attorney CONTRACT AUTHORIZATION: CITY'S CONTRACT COMPLIANCE MANAGER: C:.�.`...._. ..,.:..:.. . By signing I acknowledge that I am the person Dateresponsible for the monitoring and administration Dann 1293: �......_,» of this contract, including ensuring all performance and reporting requirements. ATT ST: / ob Byers Botanic Garden Director ary .KayserOF .F O/Ql, city�� �� ......... • O j�:;��• * OFFICIAL RECORD ENGINEER: S CITY SECRETARY i FT.WORTH,TX Dunaway Associates,L.P. Standard Agreement for Professional Engineering Soviets Page 9 of 13 Rev.112018 EXHIBIT A SCOPE OF SERVICES DUNAIAIAY Dunaway No.P00869.006(Revised) January 31,2018 I*.Steve Huddleston Fort Worth Botanic Garden Park&Recreation Department 3220 Botanic Garden Boulevard Fort Worth,TX 76107 Via e-mail:Steve.Huddesfsort@fartworthtexas.gov Reference: Proposal for Professional Services Fort Worth Botanic Garden,Parking Lot Expansion,Fort Worth,Texas Dear W.Huddleston: Dunaway Associates, L.P. (Dunaway) is pleased to submit this proposal for professional land surveying and civil engineering services on the above-referenced project.Based on your email of September 25,2017,an on-site meeting on December 5,2017 and Dunaway's history providing services with the Botanical Garden as a Client,we believe the following scope of services will meet your needs for this project. Prosect Understandina The scope of work consists of topographic surveying of a 4-acre area and schematic parking lot design services to prepare a site layout.Dunaway will use the owner's guidance to determine which of the existing trees can be removed to maximize the number of parking spaces that can be provided between the existing surface parking lots to the University Drive ROW line. The schematic parking lot design drawing,prepared by the Client,would be reviewed by Dunaway to assure compliance with City Ordinances and allow the Client to request a general contractor to prepare a rough order of magnitude cost estimate of the planned parking lot expansion. 1. Preliminary assessment of the area to be Improved appears to be greater than 1.0-acre from the edges of the existing parking lot paving to the western University Drive ROW line. The planned parking lot area will require compliance with the CFW/NTCOG iSWW Grading Plan requirements. 2. Stone water runoff will continue to run off to the south and Into the Trinity River. 3. The proposed parking lot design would be coordinated with the existing 4"water fine that is located on the east side of the parking lot. 4. Coordination with Oncor or ATT is not anticipated to be required. 5. The Client's landscape architect will use the survey data and Tree Numbering data provided under the scope of work of this project to Identity the trees that can be removed to maximize the number of additional parking spaces that can be added. Corporate:370 50MY Avaiws.Sufb 400 f Fort worth.Texas 76107 *rat 017.335.1121 4f Fmc 017333.7497 4f Fort Worth * Austin * Mdkw*d f Son Antorio LEGAL NAME OF ENTITY Professional Services Agreement-General Page 10 of 13 Rev. 1/2018 Proposal for Professional Services Fort Worth Botanic Garden,Parking Lot Expansion,Fort Worth,Texas Page 2 Executive Fee Summary Land Surveying 1. Topographic Survey..................................................................................$8,000 Lump Sum Civil Engineering 2. Site Layout and Pavement Section Design...............................................$2,000 Lump Sum 3. Administrative Fee..................................................................................$200.00 Lump Sum Total: $10,200.00 Lump Sum Services FEE Dunaway proposes to provide the scope of work described below for a fee as shown above.All administrative and application fees required by review authorities will be paid by the Client and are not included in Dunaway's proposed fee. DETAILED SCOPE OF WORK LAND SURVEYING 1. Topographic Survey—Dunaway will provide a topographic survey of area shown in Exhibit One between the existing parking lot and the University Drive ROW line (existing Iron Fence). One-foot interval contours will be developed based on the results of the measurements taken. Existing visible utility facilities will be located and depicted on the face of the survey along with other visible Improvements situated within the defined area. The vertical datum on which the elevations are based will be provided by the City of Fort Worth.As owner of the property,the Client authorizes the surveyor to enter the property to conduct the survey. The topographic survey will be tied to the Boundary Comers that Dunaway has previously located on past projects. CIVIL ENGINEERING 2. Schernaft Site Lava ut—Dunaway will review the schematic site layout prepared by the Client Iw compliance with the City of Fort Worth Off-Street Parking Ordinance to maximize the number of parking spaces added and minimize the number of trees to be removed. 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. Construction documents for a parking lot or any other improvement. Q. .00e Rev 184131 F-06 La E�M,r,Aon Fort worm a AuIM a Mid s San Antonio Vicom Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 11 of 13 Rev. 1/2018 Proposal for Professional Services Fort Worth Botanic Garden, Parking Lot Expansion, Fort Worth,Texas Page 3 2. Documents required to obtain any permit from the City of Fort Worth or any other regulatory agency. 3. Flood studies for changes to FEMA flood maps. 4. Phase 1 and Phase 2 Environmental Site Assessments. 5. Wetlands delineations and Section 404 permitting through the US Army Corps of Engineers. 6. Electrical site lighting design. 7. Detention pond design or analysis. 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. 10. Design of off-site public utility extensions is not included unless specifically listed in the proposed scope of work. 11. Design of off-site paving improvements is not included unless specifically listed in the proposed scope of worts. 12. 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. 13. Construction inspection services are not included.Dunaway does not provide construction inspection services. Normally, we recommend that the Client retain a geotechnical engineering consultant to provide construction inspection services for private improvements. G:4ROAucRanwrn.WodOD1HOQOBKY.Prnposel'metvnn9fiA.ON REY 1&0 to 1 PsniV la Foo Wath ! Austin ♦ Midtand ® Sall Antonio dunawayassociatas.com Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 12 of 13 Rev. 1/2018 Proposal for Professional Services Fort Worth Botanic Garden,Parking Lot Expansion,Fort Worth,Texas Page 4 If this proposal meets with your approval,please sign below and return one copy to our office as our notice to proceed. We appreciate the opportunity to assist you with this project and look forward to its success. Respectfully submitted, DUNAWAY ASSOCIATES,L.P., Agreed$Accepted a Texas limited partnership FORT WORTH BOTANICAL GARDENS A #" W., R ndall E.gierrion,P.E. Senior Project Manager Title Date: O. nss.ON BEY 1"131 Pvko In ELpewibn.*— WA Worth • AwF'n ♦ Midland 1 San Antonio dunaewayassociates.com Dunaway Associates,L.P. Standard Agreement for Professional Engineering Services Page 13 of 13 Rev. 1/2018