HomeMy WebLinkAboutContract 35254C�f�i�Y ;�C�EiA�I� ��..,�
C,C)� I.( �i�`.C� �qt�� �`�,�����--�--
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Dunaway
Associates, L.P., (the "ENGINEER"), for a PROJECT generally described as:
Foster Park Parkinq, Drainaqe/Erosion Control and Trails/Bridqe
Improvements
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 1 of 15
� r
�5r2� .: 'i r.,-.,I�. •� . '?�1i �
J�l l,l � ��?�):�:17 �I��,�i� i: �
,', . ;,,�"' j��. �
II ;`.'r�'r�1�jL; ' }j SI (
�^ U o .�:i .: � ff�� y� �i U'' _ i.
_�.s.- ._ .,� �,
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 standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be perFormed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurFace investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurFace evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable
for the use of such drawings for any project other than the PROJECT
described herein.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 2 of 15
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 3 of 15
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 e�ent 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 ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and perFormance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of 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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 4 of 15
conditions; time or quality of perFormance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (MNVBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. 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 three (3) years
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 5 of 15
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3)hereof. CITY shall give subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 6 of 15
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and 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) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) 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. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 7 of 15
Texas and 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 Risk Management.
(fl Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) 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.
M. Disclosure
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 8 of 15
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 ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
Article V
Obligations of the City
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 and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 9 of 15
C.
�
E.
F
G.
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.
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.
Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
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.
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.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 10 of 15
i= - - -
1 -1.
. - i J ��'.. J:;�.S ��..�+:J\.%.�1U
ti�7�'��� i; � � =i �� . I2� �U ��!
� ������,u���.ti1��
f� ..�� }��r�i��`� ���'�
� ��✓i � c �
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services perFormed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 11 of 15
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
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.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 12 of 15
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E.
F.
G.
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.
Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage and
bodily injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
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.
I. Jurisdiction
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 13 of 15
yd_ .,.. --- - -
I�' ''✓ J � � 1.:.1 � v'-�1. � I%� �'V �% '�,� �''`/�
i�' ���1 :�'� �' �J i� I' �!� n �i
5
� � 'a � � �� ��. l';; ,} � ;���� �., ,;
�� -.c,U; q
�f � ^':�d�:i�:!:�'Il�p �LG�'.�
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perFormance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely to
be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J.
shall survive termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 15
regulation, whether it be by itself or its employees.
Article vzz
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
Executed this the OC� Uday of , 2007.
ATTEST: CITY OF FORT WORTH
i
�
a- �
• _r � ,
I ' � BY: � Z'�`'�-�< c ' � ,
Marty Hend Libby Watson
City Secretary Assistant City Manager
�..� -�
Cor.trac'c �uthor�.z��:�a�
_I —L__
Date
,
APPROV AS TO RM ND LEGALI
Assistant ' orney
ATTEST:
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 15 of 15
APPROVAL RECOMMENDED
����/� � � '�
c -�, i � ,,i �, .< `�
Melody Mi chell; Acting Director
Parks and Community Services Department
�^ �
;
,
,;
I � /
DUNAV�1'/A`S' ASSOCIATES, L.P.:
� ,
By. ��v�� � O�/G/Gi
`n:��, �j . � ri`.�,.'i��lr1--
� � �i J�r-�1, �� }ltS�� t );1,J �
� s q� ';� �i �' 11t'� `} U
:?�� � �„"�;:'li.'�,i511�/;�I��M
� � �';r,•;� l,i� �it` � `;`%
�
7�, .�,;; ..�J1�� ��o�:�
1.Dunaway Engineers
� T Planners
D Surveyors
Associates, L.l . Landscape Architeds
ATTACHMENT A
DA No. 2006277
March 1, 2007
Scott E. Penn, Project Manager
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115-1499
Reference: Proposal for Professional Civil Engineering, Landscape Architectural
and Land Surveying Services
Foster Park Parking, Drainage / Erosion Control & Trail / Bridge Plans
(2004 Capital Improvement Program)
Dear Scott:
Dunaway Associates, L.P. (DA) is pleased to submit for your consideration this proposal for
professional civil engineering, landscape architectural and land surveying services on the above-
referenced project. Based on the City's RFP dated November 9, 2006, which includes Parking
Improvements, Drainage / Erosion Control & Trail / Bridge construction document preparation for
work representing a construction budget of $226,000. The construction budget for the project is
divided into 3 separate units consisting of: Unit I, Parking Improvements -$61,000; Unit II, Drainage /
Erosion Control -$78,000; and Unit 3, Trails / Bridges -$87,000. On our team for this project will be
Profile Consultants, Inc. who will perform the civil engineering design for the parking lot. Teaming
with this M/WBE partner, we are committed to meeting the City's M/WBE goals for this project. Our
anticipated MNUBE participation is 17%. We believe the following scope of services will meet your
needs for this project:
SCOPE OF WORK
Topoqraphic Survev — DA will provide a Topographic Survey of the area of the park on
the north side of South Drive from the western park property line eastward approximately
320', then northward approximately 880' to map the existing drainageway and the
potential area for the expanded parking. The topographic survey will include the
locations and elevations of the above ground features such as existing parking area,
walks, trees, the edge of the playground, drainage features, readily visible utility
components, etc. Underground utilities will not be uncovered and surveyed. Since the
proposed improvements to the park will not be near the park boundaries, no boundary
survey is deemed necessary and is not included in this scope of services.
As owner of the property, Client hereby authorizes Surveyor to enter upon the property
for the purposes of conducting Surveyor's work thereon. Land Surveying in the State of
Texas is regulated by the Texas Board of Professional Land Surveying, Building A, Suite
156, 12100 Park 35 Circle, Austin, Texas 78753, telephone number (512) 239-5263.
� ,t,J.. � .:�� '1;.::
1501 Merrimac Cirde • Suite 100 • Fort Worth, Texas 76107 " � '�� � r. ; � �y �;' . 'j �
Tel: 817.335.1121 • Metro: 817.429.2135 • Fax: 817335J437 ,� �� � r^r �
www.dunawayassociates.com , �, � . J ,; � 3 !i � :,,� �
_�F.__._..�
Proposal for Professional Civil Engineering, Landscape Architectural
and Land Surveying Services
Foster Park Improvements
March 1, 2007
Page 2
2. Conceptual Desiqn of Parkinq Areas — DA will prepare two (2) conceptual alternatives for the
proposed parking on the north and south sides of South Drive. For the purposes of the
conceptual design of the parking on the south side of South Drive, DA will use aerial
photographs and base files provided by the City. No topographic surveys will be done for the
south side conceptual studies. DA will prepare conceptual level opinions of probable costs
for the construction of the parking concepts.
DA will attend one (1) public meeting to present and review the conceptual parking lot
alternatives and receive comments on those alternatives. The comments received at the
public meeting will be incorporated into the final construction documents.
3. Construction Plans and Specifications — DA will prepare construction plans and specifications
for the proposed park improvements including the following:
Parking Improvements: Based on the approved conceptual alternative, DA will prepare
construction plans for the proposed parking lot on the north side of South Drive.
Drainage / Erosion Control: DA will study potential erosion control methods and their cost
implications. DA will review the potential for grant funding from federal sources interested
in promoting the stabilization and renaturalization of streams. DA will discuss these
potential methods with the City and assist in determining the most appropriate
procedures for cost effective improvements. Keeping the budget and goals for the
improved drainage flow and stream bank stabilization in mind, DA will prepare
construction plans for the agreed upon improvement methods and locations.
• Trails / Bridges: DA will review potential options for the most effective solutions to the trail
crossing of the creek, including improved low water crossing and/or pedestrian bridge
installation. DA understands that the storm water flow through the park drainageway is
substantial and that potential solutions should minimize the hindrance to this flow while
providing the needed park amenities.
These plans will be signed and sealed by a Registered Professional Civil Engineer licensed
in the State of Texas and will be processed with the City of Fort Worth for approval and
construction. Categories of drawings anticipated to be prepared for this project is as follows:
Cover Sheet
Site Plan
Layout and Dimension Plan(s)
Grading Plan(s)
Paving and Jointing Plan
Paving Details
Erosion Control Plan
Erosion Control Details
Bridge and / or Low Water Crossing Details
Site Details
Proposal for Professional Civil Engineering, Landscape Architectural
and Land Surveying Services
Foster Park Improvements
March 1, 2007
Page 3
4. Storm Water Pollution Prevention Plan (SW3P) — DA will prepare a storm water pollution
prevention plan template for use by the Owner's contractor. This template will be prepared in
accordance with the Texas Commission on Environmental Quality (TCEQ) regulations for the
Texas Point Discharge Elimination System (TPDES). It should be noted that it will be the
Owner's contractor that will be responsible for completing the information required by the
template and for performing the required inspections and maintenance reports. DA will assist
the Owner in completion of the required Notice-of-Intent (NOI) that will need to be filed by
both the Owner and the Contractor.
5. Bid Advertisement / Construction Phase — DA will provide Bid Advertisement / Construction
Phase services as follows:
a.
b.
c.
d.
e.
DA will provide original unbound project manuals including, bidding documents, City
"boilerplate" and technical specifications, and the sealed, signed original drawing
sheets to the City for printing and distribution to the potential bidders. DA will not be
responsible for printing or distribution of the bid sets.
Attend the pre-bid and pre-construction meetings.
Provide responses to bidders' questions and prepare necessary addenda. The City
will be responsible for addenda distribution.
Review and respond on Owner's behalf for shop drawing submittals related to
elements of the design for which DA is responsible.
Review and respond to written Requests for Information from Owner's contractor
regarding elements of the design for which DA is responsible. Provide plan
interpretation and clarification as required.
Make occasional site visits during construction for a cursory review of progress of
construction. The number of site visits included in this scope of work is four (4). Site
visits and meetings requested beyond this number will be billed hourly as an
additional service. Please note that DA does not provide construction inspection
services. We recommend that you retain your geotechnical engineer or use of city
inspectors to provide inspection of the proposed improvements.
6. Document Production Schedule
Notice to Proceed issued by the City
Topographic Survey
Conceptual Design of Parking Areas
Review of Parking Alternatives
Construction Document Preparation (90%)
Review of 90% CD's
Construction Document Preparation (100%)
Submittal of 100% Construction Documents
March 2, 2007
March 5— March 16, 2007
March 19 — March 30, 2007
April 2— April 9, 2007
April 10 — May 4, 2007
May 7— May 18, 2007
May 21 — June 7, 2007
June 8, 2007
� �: f,-'J�. �, . i �:��4��:;-�:,,
'�.SCI'1^ .1�
��~�'��I .�l \I �.I/�.��'' �jl��'��
i i � � ,.' �� ��::: �: l� ii�'_"` .�� 2
r:tq � ���P,/�
';'I� .�`��t:l;ir ����'�� �
.1 a�.,r
,._ ---,...a._,...,._,,......,,,,A�k
Proposal for Professional Civil Engineering, Landscape Architectural
and Land Surveying Services
Foster Park Improvements
March 1, 2007
Page 4
If this proposal meets with your approval, please prepare the appropriate City contract for execution.
We appreciate the opportunity to assist you with this project and look forward to its success.
RespectFully submitted,
DUNAWAY ASSOCIATES, L.P.
a Texas I�ited par�nership �
V -" -��' gY�
Larry P. 'Fli n, ASLA
Associat Nan
Director of Planning and Landscape Architecture
Title
Dat�
LPO:mme
2006277_Prop-Attach A_CFW_Foster Park_07_0301_LPO.doc
Aqreed & Accepted
CITY OF FORT WORTH
��Dunaway Engineers
Planners
T 7� Surveyors
Associates, L.r. Landscape Architects
ATTACHMENT B
COMPENSATION
Dunaway Associates, L.P. proposes to provide the above described scope of work for a
LUMP SUM fee of 48 500 including reimbursable expenses. Please find attached to this
proposal our Standard Terms & Conditions for professional services, which is also a part of
this proposal.
ADDITIONAL SERVICES
The following is a partial list of services that are not anticipated to be required for your project
and are not proposed to be provided by DA. Some of these services can be provided if they
are requested or if it is later determined that they are necessary. In general, additional
services will be authorized either by a contract amendment or a separate proposal.
1. Flood Studies for changes to FEMA Flood Maps.
2. Wetlands Delineations and Section 404 permitting through the US Army Corps of
Engineers.
3. Redesign efforts related to site plan or building footprint changes after significant
design efforts have started are not included.
4. Construction Staking — This service can be provided, if requested, and will be
authorized under a separate proposal or included in this one at your option.
5. Surveying services such as boundary surveys and easements by separate
instrument are not included unless specifically mentioned in the scope of work.
6. Design of off-site public utility e�ensions are not included unless specifically listed in
the proposed scope of work.
7. Design of off-site paving improvements are not included unless specifically listed in
the proposed scope of work.
8. Irrigation system design.
9. Lighting design and electrical engineering.
Only those services specifically mentioned in the Scope of Work section are offered as a part
of this proposal.
�� �� �.i, -� �.,,�-.�-
�:'' u'� 6�':.� i:-! :� ,(i i5 V�`�'%� �:'�
�/''.'�� ����J i;i!7 ,/-�:;G�j �i�l{ ^...,
V � U �� c.+ ;\'; ',!: � iU`. �1•;� �l
�. .. �, ;lG �''�:t
� ;;i;-.�''i, �, , `
i' a �•�•::ri: J1� ���G,.
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE
TM 03/OS/2007
PRODUCER McLaughlin Brunson Insurance Agency, LLP THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
9535 Forest Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Suite 118 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas TX 75243 INSURERS AFFORDING COVERAGE
INSURED Dunaway Associates, L.P. INSURER A: � S 0C1a1 Insurance Com an
1501 Merrimac Circle iNsuReR B: St. Paul Mercu Insurance Com an
Suite 100 INSURER C:
FOl'Y W01'Y�1 'I'X 761�7 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR �ypE OF INSURANCE POLICY NUMBER P�LICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERA� LIABILIN EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An one fire 5
CLAIMS MADE � OCCUR MED EXP An one erson $
PERSONAL & ADV INJURY S
GENERALAGGREGATE 5
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 5
POLICY PR� LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea acddent) �
AlL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) �
HIREDAUTOS BODILY INJURY
NON-OWNEDAUTOS (Peracddent) '�
PROPERTY DAMAGE �
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5
ANY AUTO OTHER THAN EA ACC 3
AUTO ONLY: AGG S
EXCESS LIABILITY EACH OCCURRENCE 5
OCCUR � CLAIMS MADE AGGREGATE 5
S
DEDUCTIHLE 5
RETENTION 5 S
$ WORKERS COMPENSATION AND BW02196052 06/16/2006 06/16/2007 X �''� STATU- OTH-
EMPLOYERS' LIABILITY I�OOO�OOO
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $ I,OOO,OOO
E.L.DISEASE-POLICYLIMIT $ I,OOO,OOO
P, oTHeRprofessionaU CPL DPR9418778 04/28/2006 04/28/2007 $2,000,000 Per Claim
(Contractors Pollution $4,000,000 Annual Aggregate
Liability)
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLU510NS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Foster Park Parking, Drainage/Erosion Control and Trail/Bridge Plans - DALP Job #: 2006277 PM: LPO - The claims
made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is
subject to a deductible.
CERTIFICATE HOLDER ADDITIONAL IN5URED• INSURER LETfER: _ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEILED BEFORE THE EXPIRATION
C1Ty Of FOI'C WOiCIl DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
IOOO TIICOCICI1101't011 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
FOI'C WOI'YYl TX %6102, IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
�•
ACORD 25-S (7/971 OO ACOR CORPORATION 1988
ACORD CERTIFICATE OF LIABILITY INSURANCE OPID T DATE(MMIDD/YYYY)
DUNAW-1 03/05/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wortham Insurance & Risk Mgt HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Fort Worth TX 76102-2505
Phone: 817-336-3030 Fax: 817-336-8257 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: S t. Pdlll Travelers
INSURER B:
Dunaway Associates L. P. INSURERC:
1501 Nrerrimac Circ�e INSURERD:
Fort Worth TX 76107
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSR TYPE OF INSURANCE DATE MMIDD/YY DATE (MMIDD/YY
GENERALLIABILITY EACHOCCURRENCE 3 ZOOOOOO
j� j[ COMMERCIALGENERALLIABILIiY BK02148704 06/16/06 06/16/07 PREMISES(Eaoccurence) S 3�0��0
CLAIMSMADE � OCCLIR MEDEXP(Anyonepersan) $ ].00OO
X Contractual L1d}�. PERSONAL8ADVINJURY S 1����00
GENERALAGGREGATE 5 `ZOOOOOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2O O OOO O
POLICY X PR� LOC
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
A X ANYAUTO BA02157847 06/16/06 06/16/07 (Eaaccident) � 1000000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) �
}{ HIRED AUTOS
BODILY INJURY �
}{ NON-OWNED AUTOS (Per acciden[)
PROPERTY DAMAGE �
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACGDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: qGG $
EXCESS/UM6RELLALIABILITY EACHOCCURRENCE S ZOOOOOO
A $ OCCUR � CLAIMSMADE BK02148704 06/16/06 06/16/07 AGGREGATE S 2������
s
DEDUCi1BLE $
j{ RE7ENTION $ ZOOOO 5
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIEfOR1PARTNER/EXECUTIVE E.L. EACH ACCIDENT S
OFFICER/MEMBER EXC�UDED?
E.L. DISEASE - EA EMPLOYE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOGATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
DALP Job #2006277 PM: LPO
Job: Foster Park Parking, Drainage/Erosion Control and Trail/Brigde Plans
GtKIIFIGAIt HULUtK
CITYOFF
City of Fort Worth
Parks and Community
Services Department
1000 Throckmorton
Fort Worth TX 76102
CANCtLLA I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ZO DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
� r�v�- -
ACORD 25 (2001/08) O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
M��n �, 200�
Mr. Larry O'Flinn, ASLA
Dunaway Associates, L.P.
1501 Merrimac Circle, Suite 100
Fort Worth, Texas 76107
Re: Foster Park Parking Lot Project
DBE Participation
Dear Mr. O'Flinn:
This letter is to confirm our commitment to the referenced project and our understanding
of the Disadvantaged Business Enterprise (DBE) participation. Profile Consultants, Inc.
is a certified DBE through the NCTRCA, Certification Na �IlVIDB32057Y0907. The fee
for the professional engineering services we will provide on this project has been set at
$ 8,420.00.
We look forward to working on your Team and helping in any way we can to make this
project successful.
Sincerely,
Profile Consultants, Inc.
Jo So , P.E.
Principal
PROFILE C�NSLJLTANTS� INC. .
584❑ W. I-2O, SLJITE 26❑ - ARLINGTON� TX 7601 7
H 7 7-483-53�❑
r
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
��r�_��_��_��._.._�.�.� ���1�� _� _ ..���..� .��:�3�.:z��_�..-���_�����.������.�--z�:�:,�.,�� �_� o .4���3
COUNCIL ACTION: Approved on 4/17/2007
_.�_�y....�3_�..�y��,��:_:�.._.��-�.., �:3.3,;�-�,�_�a�.��:_�..�_-.��P�:s-�=����.�.=��.�:i.�-�..��:�-��,�..�,�
DATE: Tuesday, April 17, 2007
LOG NAME: 80FOSTER
REFERENCE NO.: **C-22071
SUBJECT:
Authorize an Engineering Agreement with Dunaway and Associates, L.P., for the Design of Parking,
Erosion Control and Trails/Bridge Improvements at Foster Park
o��,�.::�:��,,�,_. . ,_a t�:�,:��_ t���, --,. _ �_��.�.._�.-.�: ..��.��-�.:,x.��3�� �....,, _ _�_�U. _ �.��..�_ .._�._,
� �._ __.__ � .��._� ,.u�_�.�=_,T,:�:.�.�_ :..�,�.�—c-- _ .
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Dunaway and Associates, L.P. in the amount of $48,500 for the design and preparation of
construction documents for parking, erosion control and trail/bridge improvements at Foster Park.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) allocated $76,500 for parking improvements, $100,000 for
drainage improvements and $112,000 for trail and bridge improvements, for Foster Park. The total dollar
value of these proposed improvements is $288,500.00.
The selected consultant, Dunaway Associates, L.P., has proposed to perform design and prepare
construction documents for a lump sum fee of $48,500. City staff considers this fee to be fair and
reasonable for the scope of services proposed.
Final construction documents shall be completed and submitted for City staff review no later than early July
2007. Construction is anticipated to begin mid November 2007 and be completed by early March 2008.
M/WBE - Dunaway Associates, L.P. is in compliance with the City M/WBE Ordinance by committing to 17
percent M/WBE participation. The City's goal on this project is 10 percent.
Foster Park is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements and Park Improvements Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/18/2007
Submitted for City Manager's Office bk.
Originating Department Head:
Additional Information Contact:
Page 2 of 2
C200 531200 803360042730 $13,000.00
C200 531200 803370042730 $9,180.00
C280 531200 803500042730 $26,320.00
Libby Watson (6183)
Melody Mitchell (Acting) (5704)
Mike Ficke (5746)
�;,��l �,, : �,, ,,,_,.�..
":: �'f J'v 1!.;! l '.�i'?'V'`'%�i';;
� �; � `;� ��'''z �:' 1' � L%''� �%'!I
; ,
.� � �_.,,
f��� .. .
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 4/18/2007