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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter &
Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Skate Park Improvements at Gateway Park
PROJECT NAME
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 suspensic�r�-e�-ser��es;=�tb -
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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 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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 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
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maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic and
operational factors that may materially affect the ultimate PROJECT cost
or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
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
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(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of
the ENGINEER involving transactions relating to this contract. ENGINEER
agrees that the CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable advance
notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (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 " as��nec
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as autos owned, hired and non-owned when said vehicle is used in the
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 a
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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.
(f) 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
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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,_ ,
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pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances 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 contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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
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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 11 of 14
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
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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 13 of 14
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
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Executed this the �day of , 2007.
ATTEST: CITY OF FORT WORTH
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�� " � � �(,.'�.��� �, By: '
Marty Hendrix' Li y Wa��
City Secretary Assistant City Manager
�._���� ��� ���"������ APPROVAL RECOMMENDED
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APPROV .�F�AS TO FQ M=�� LEGALITY;
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Assistant City A orney �'
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ATTEST:
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 14
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Mel dy Mitche I, Acting Director
Parks and Community Services Department
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Carter & Burge�-�( .
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ATTACHMENTS A- Scope of Services & B- Compensation
March 1, 2007
Mr. Scott Penn
City of Forth Worth
Parks and Community Services Dept.
4200 South Freeway, Suite 2200
Fort Worth, TX 76115-1499
Re: RFP for Gateway Skate Park Phase 1 Conceptual Design
Dear Mr. Penn:
I want to thank you for considering Carter & Burgess, Inc. to provide design services for
the Gateway Skate Park Phase 1 Conceptual Design project. We would be thrilled to
work with you and your staff on this important urban park recreation project. I want to
thank you for the time you took to show me around the site the other day. The industrial
character of the site is quite intriguing and would make a very interesting theme for the
park. The kids like that kind of "urban street feeling" in a skating environment. I speak
from experience having a 16 year old son who lives and breaths skateboarding.
My experience in skate parlc design for the recently completed Charles River Crossing
Skate Park in Boston has provided me insight into the specialized design skills and
knowledge necessary to design successful skate parks in the public realm. This
international competition level skate park is part of the new $20 million dollar Charles
River Crossing Park located on the banks of the Charles River between Boston and
Cambridge, MA. The skate park is 43,000 sq. feet of skating currently making it the
largest skate park in the United States. This $2 million dollar skate park is located
beneath the ramps of Interstate 95 leading to the new Zakim Bridge. The facility required
special engineering and design skills due to hazardous soils, limits on bearing loads
around existing highway pillars, lighting required underneath the highway ramps, as well
as the need to please a wide range of styles and sl�ill levels of regional urban skaters. The
park includes all levels of skate experiences from street to vert types and is open 24 hours
a day. The park was paid for by private donations obtained by a number of fund raising
event as well as being presented and reviewed by 22 neighborhood and City stalceholder
groups. It is anticipated this skate park will become a common stop for international
skating events and competitions.
The new Gateway Skate Park provides an inviting design challenge. The site has a
number of challenges and yet offers a unique setting for a City Skate Park. As in any
skate park project, once a site has been selected and the other program parameters (size,
available budget, related site improvements i.e.; parking, restrooms etc.) for the project
have been established, the design of the skate park begins.
The design process is based on input gathered through a series of public workshops. The
first public workshop serves to introduce the project to skaters and any other interested
members of the public. After introducing the project, we show a power point presentation
that outlines the entire process of designing and building a public skate park. Then we
provide the tools (pencil and paper) to the user groups so they can create the features they
would like to have in their park as part of this hand's on process. Allowing for this type
of input creates a better sense of ownership for the user group(s), which helps with design
and provides for a park that is well used but not vandalized.
This public process provides us an opportunity to discover the local skater's likes and
dislikes about a proposed park design and to show them the limitations they may have to
accept concerning costs and safety factors. Skating is a pastime enjoyed by kids up to
ages in the middle 20's, but the average age for skaters is 12-14 years old. These kids are
creative and have important input to the design. They need to have a voice in the process
to make them feel like they have been heard and their ideas were integral in the final
design.
After the skaters have created their features for their park, our office will design and
computer image a model of the proposed park, incorporating their features into the
model. We will provide up to three options as requested. Once the model is complete, a
second public workshop is conducted to present the proposed design options to the
skaters, the public, and the Park Staff for review and comments. This presentation is done
through a variety of design tools using computers that generate 3 dimensional views of
the park. The park elements can easily be moved and changed in any combination
desired as part of the presentation and comments process.
For the third and final presentation to the public, we will provide a computer generated
look at what the final and preferred park design will look like. This 3 dimensional view
of the park provides clarity to the users of what it will look like when it is finished.
While we will also provide a colored plan of the final park design, most of the public
can't read or envision the final design from a one dimensional plan and thus this
presentation makes the design become real in the minds of the viewers.
Upon approval of the preferred design model, our office then prepares the Final Draft
Master Plan Document for your review and comment. The goal of the site design process
is to develop a master plan for the project that will satisfy the criteria of physical, social,
and economic factors that will influence the short and long-term success of the project.
Proper safety, as well as designing for minimal maintenance is key to the success of any
facility of this type.
After we receive final comments from your staff we will then prepare the Final Master
Plan Document.
As part of the process we will assess the existing physical site conditions including the
structural condition of the building infrastructure and mapping of existing utilities from
existing city maps. We have not included survey services of the property as part of this
phase of work but can do so as an additional service if you desire. The concepts
developed shall include such elements as various combinations of skate ramps, parking,
public seating, security fencing, and other ancillary amenities to enhance the facility and
enjoyment of the park users. ; , : :,
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The park design shall reflect the reuse of the existing building structure if it is deemed
structurally safe and sound as well as existing pavements for the pavement surface of the
skate area as well as parking.
The skate facilities shall be combinations of prefabricated and / or custom ramps,
depending on public / user group input and maintenance considerations. We are
proposing to work with Woodward in this process as we believe they provide the best
designed ramp structures currently on the market which are well built with safety and
long term maintenance in mind. We are also open to other product suppliers as deemed
appropriate by you. The style of the park shall be a street type facility and we will use
the industrial character of the building structure to give an industrial theme to the design.
We will integrate the existing structure into the design as if it was always meant to be.
We are happy that an overhead structure can be provided as this will give shade to the
skate area in the hot summer sun. This will encourage year-round use in hot or wet
weather.
We will provide you with a cost estimate for the preferred design option for your use and
consideration in developing the phasing and construction of the park in the next phases of
design.
All of the above will be included in the Final Master Plan Document.
Fee Schedule
For the above scope of work we propose a lump sum fee of $24,400.00 (twenty four
thousand four hundred dollars). Invoices will be payable by the City within 30 days of
receiving the monthly invoice. Reasonable expenses necessary to do the work that
include travel and reprographic services shall be reimbursable at cost times 1.1. This is
in addition to the design fee and shall not exceed $500.00 unless authorized by your
department.
Time Schedule
We propose the following schedule:
Site Assessment
First Work Shop
Second Work Shop
Final Public Presentation
Submittal of Draft Master Plan Document.
Submittal of Cost Estimate
Submittal of Final Master Plan Document.
First week
End of week 2
End of week 4
End of week 7
End of week 9
End of week 9
End of weekl2
This schedule assumes quick and responsive review by your department and staff. This
time line might be shortened depending on what the final design is and how well the
public process proceeds. The schedule is only an estimate and is open for discussion.
We would be happy to discuss this scope, fee or design process to fit your needs. We
hope this proposal meets the requirements of your vision for a master plan of this
important public park facility. It is our pleasure to be involved in this process and we
look forward to hearing from you. Once again thank you for your consideration of our
firm.
Yours truly,
Randy Sorensen/FASLA
Unit Manager
Urban Design and Planning
ATTACHMENT C
April 10, 2007
Mr. Scott Penn
City of Forth Worth
Parks and Community Services Dept.
4200 South Freeway, Suite 2200
Fort Worth, TX 76115-1499
Re: Gateway Skate Park Standard Agreement Amendments
Dear Scott:
The following items are Amendments to the Standard Agreement. These changes were
approved by your Legal Department in an email from Amy Ramsey to you on 4/4/07. These
items are adopted as Attachment C to the Standard Agreement at her recommendation and
your approval.
The chanqes are as follows:
Section IV.K. (2)(a). This provision indicates that "applicable policies" shall be endorsed to
name the City as an additional insured. Carter & Burgess can only add the City as an additional
insured on its commercial general liability and automobile liability policies. The quoted language
shall be replaced with "the Commercial General Liability policy and the Automobile Liability
policy."
Section IV.K. (2). This provision requires a waiver of subrogation with respect to "applicable
policies". The provision shall be revised to read as follows: "All policies other than the
Professional Liability policy shall be endorsed with a waiver of subrogation in favor of the CITY
as respects the PROJECT."
Section VI.F. (I). This indemnification provision shall be modified to include the addition of " and
hold harmless" after the word "defend" in the first line of this provision.
Section V1.L. The words "but only to the extent caused by the negligent performance of
services hereunder" shall be added at the end of the last sentence.
Electronic Media: The following inclusion is attached to the provision on Electronic Media:
ELECTRONIC MEDIA
A. Limit Use to Hard Copies. As a component of the Services provided under this Agreement,
ENGINEER may deliver electronic copies of certain documents or data (the "Electronic Files") in
addition to printed copies (the "Hard Copies") for the convenience of the CITY. The CITY and its
consultants, contractors and subcontractors may only rely on the Hard Copies finished by
ENGINEER to the CITY. If there is any discrepancy between any Electronic File and the
corresponding Hard Copy, the Hard Copy controls.
B. Acceptance Procedure: The CITY acknowledges that Electronic Files can be altered or
modified without ENGINEER'S authorization, can become corrupted and that errors can occur in
the transmission of such Electronic Files. The CITY agrees that it will institute procedures to
preserve the integrity of the Electronic Files received from ENGINEER until acceptance. The
CITY further agrees that it will review the Electronic Files immediately upon receipt and conduct
acceptance tests within thirty (30) days, after which period the CITY shall be deemed to have
accepted the Electronic Files as received. ENGINEER will undertake commercially reasonable
efforts to correct any errors in the Electronic Files detected within the 30-day acceptance period.
ENGINEER shall not be responsible to maintain the Electronic Files after acceptance by the
CITY.
C. No Warranty of Compatibility: ENGINEER does not warrant or represent that the
Electronic Files will be compatible with or useable or readable by systems used by the CITY or
its consultants, contractors and subcontractors. ENGINEER is not responsible for any problems
in the interaction of the Electronic Files with other software used by the CITY or its consultants,
contractors and subcontractors
Yours truly,
Randy Sorense , FASLA
Unit Manager
Urban Design and Planning
E