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HomeMy WebLinkAboutContract 51751 'Esnf t.` FRY :- ► a. 5►75 1 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY'), and Dunaway Associates, L.P., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: North Park Improvements. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $ 49,800.00 (Forty- nine Thousand Eight Hundred Dollars) as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment �'0 (1) The ENGINEER shall provide the CITY sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. �P o�Fo��ti�p (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) OFFICIAL RECORD North Park Improvements Page 1 of 17 ,6 ITV SECRETARY FT. WORTH,TX (3) 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. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 2 of 17 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 mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 3 of 17 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 the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 4 of 17 the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the CITY has goals for the participation of minority business enterprises and/or small business enterprises in CITY contracts. ENGINEER acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this AGREEMENT and debarment from participating in CITY contracts for a period of time of not less than three (3)years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 5 of 17 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 6 of 17 i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 7 of 17 d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 8 of 17 I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Subconsultants 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 subconsultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 9 of 17 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 10 of 17 required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of CITY, CITY hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 11 of 17 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 12 of 17 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 that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days of written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. cost of reproduction of partial or complete studies, plans, specifications City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 13 of 17 or other forms of ENGINEER'S work product; b. out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. the time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govem 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 14 of 17 I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the CITY is prohibited from entering into a contract with a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Park Improvements Page 15 of 17 company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the CITY's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER jDunaw ciates, L.P. ernando Costa Assistant City Manager Date: T /9 (Signatory's Printed Name) l `e-�,1Cto0T — Cr �) (Signatory's Printed Title) Date:_ 19- 11-7�a(J 1 ` City of Fort Worth,Texas OFFICIAL RECORD, Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) North Paris Improvements Q.111Y SECRETARY Page 16 of 17 FT WORTH,TX APPROVAL RECOMMENDED: By: ichard Zavala irector, Park& Recreation Department Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Dwight#aylor Projec anager APPROVED AS TO FORM AND LEGALITY By: av�� Douglas W. Black Senior Assistant City Attorney ATI TICJrr+TI :. !i�OR7' arm 1295 No: N/A A&C No: N/A IM aryat re P` Cit cret �TLX� M&C Date: N/A City of Fort Worth,Texas ?0FUAL RECOk Standard Agreement for Engineering Related Design Services(Revised Date:11.11.17) 4 North Park Improvements 01yStCRETARY Page 17 of 17 Lf. 'WORTH,TX Attachment A Scope of Services PROJECT DESCRIPTION Background North Park is a 50-acre community park located in far north Fort Worth, approximately 1% miles east of 1-35W and approximately 3 Y2 miles north of 1-820, at the northeast corner of the intersection of Beach Street and Shiver Road. North Park is owned and maintained by the CITY. The primary uses of the park are currently competitive youth soccer, baseball/softball practice, outdoor basketball/inline hockey, neighborhood trail access, and land lease for the Northpark YMCA physical fitness center/community room. An initial master plan for development of the park was prepared by Carter Burgess in 1999 and endorsed by the CITY's Park&Recreation Advisory Board on January 18, 2000. The initial master plan included the following improvements: ■ 4 adult soccer fields (lighted) • 3 to 4 youth soccer fields (lighted) ■ 2 to 3 little league baseball fields (lighted) ■ 1 lighted pony league baseball field ■ 2 playgrounds ■ 1 skate park ■ 1 combination play court(2 basketball/1 in-line hockey) ■ 2 restroom/concession buildings ■ 1 large group pavilion ■ 1 recreational trail (%mile length) along east-side drainage channel ■ 1 parking area (656-spaces) ■ 1 on-channel retention pond (3-acres) Following preparation and endorsement of the initial master plan, the CITY implemented design and construction of a portion of the initial master plan improvements: ■ 4 adult soccer fields (unlighted) ■ 1 youth soccer field (unlighted) ■ 1 little league baseball field (unlighted) ■ 1 combination play court (2 basketball/1 in-line hockey) ■ 1 recreational trail (%mile length)along east-side drainage channel ■ 1 parking area (157 spaces) Attachment A Scope of Services North Park Improvements Page 1 of 6 In August 2009 the CITY entered into a lease agreement with the YMCA for use of 3.6 acres of the 50-acre park for a new YMCA facility and for potential future use of a total of 20 acres, more or less,of the 50-acre park. Development of the 3.6-acre site included: ■ YMCA physical fitness center/community room ■ YMCA outdoor pool ■ YMCA parking area (153 spaces) In May 2018, Fort Worth voters approved a bond program which included improvements to North Park described as'master plan update and implementation of the park master plan, including,but not limited to, the renovation of existing soccer fields, provision of additional athletic facilities, restrooms,additional parking,security lighting,and supporting infrastructure and equipment'and 'design and construction of new athletic field lighting with supporting infrastructure'. Purpose The purpose of this project is to prepare an updated master plan and order-of-magnitude opinion of probable construction cost for all recommended park improvements. The updated master plan shall incorporate CITY bond program planned improvements, YMCA current and planned future facilities, and other anticipated future park facilities identified through community input and discussion with CITY staff. Anticipated Additional Park Elements At this time, the following improvements are anticipated to be considered for inclusion in the updated master plan: • Soccer Field(s) with sidewalks, moveable/fixed goals and covered/uncovered bleachers, and field/security lighting ■ Little League Baseball Field(s) with sidewalks, fencing, backstop, covered dugouts, covered/uncovered bleachers; field/security lighting ■ Playground(s) with sidewalks, perimeter curbs, 2 to 5 years and 5 to 12 years play areas with full/partial shade cover, benches, and picnic tables ■ Skate Park or Universal Playground special-purpose destination feature with sidewalks, benches, and picnic tables ■ Restroom/Concession Building(s)with sidewalks/plaza and benches ■ Group Pavilion(s)with sidewalks and picnic tables Attachment A Scope of Services North Park Improvements Page 2 of 6 ■ Concrete Recreational Trail(s) mostly along creek area, including benches, and connecting to park elements and to adjacent elementary school site ■ Parking Area(s)with drop-off zone and sidewalks ■ Soccer Field Rehabilitation turf, irrigation, and drainage repair ■ Sand Volleyball Court(s)with sidewalks, perimeter curbs,and net posts ■ Ornamental Metal Perimeter Fence with sidewalk long North Beach Street and Shiver Road frontages ■ Drainage Channel Cleanup selective mowing/clearing/grading to preserve and enhance greenbelt buffer/bio-filtration function and simplify long-term maintenance Services Overview Basic Services provided by the ENGINEER in the initial project scope shall include review of the CITY's initial master plan recommended park improvements, preparation of recommendations for changes to initial master plan planned park improvements, preparation of an updated illustrative park master plan, and preparation of order-of-magnitude opinion of probable construction cost. Special Services provided by the ENGINEER in the initial project scope are anticipated to be limited to participation in selected stakeholder meetings and/or presentations. Other Special Services may be required to support potential future work scope items such as preparation of construction documents and may include services such as topographic survey, tree survey, geotechnical investigation, hydrology/hydraulic analysis, etc. Schedule Overview The CITY currently anticipates the following schedule for ENGINEER's completion and Park & Recreation Advisory Board's endorsement of the updated master plan: Completion of Master Plan Update Jan 2019 -Apr 2019 Endorsement of Updated Master Plan May 2019-Jun 2019 The CITY currently envisions the following schedule for future completion of design, bid, and construction phases for improvements selected from the updated master plan: Schematic Design-Phase 1 (30%Construction Doc's) Sep 2019 -Nov 2019 Final Design-Phase 1 (60/90/100%/Sealed Construction Doc's) Jan 2020-Jun 2020 Bid&Award Phase July 2020 -Sep 2020 Construction Phase Oct 2020-Sep 2021 Attachment A Scope of Services North Park Improvements Page 3 of 6 BASIC SERVICES ENGINEER shall be responsible for providing the following basic services for the project. 1. Coordination/Management/Communication ENGINEER shall perform the following tasks: A) Attend one (1) project kick-off meeting(up to two-hour duration)with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. B) Lead and manage the ENGINEER (and sub-consultant, if any) design team throughout the project. C) Communicate as appropriate and necessary by email and phone with CITY staff. D) Provide to the CITY a one-page project status report on the last business day of each month throughout the project. E) Participate in meetings with CITY staff as noted specifically in each task described below. 2. Data Review/Site Visit/Base Map ENGINEER shall perform the following tasks: A) Gather and review available relevant project data provided by CITY and other sources. (Data provided by CITY shall include current endorsed (initial) park master plan, currently available park survey data (CITY and YMCA plans of existing improvements); currently available CITY water and sewer locations, sizes, and depths (if any); hardcopies of or electronic links to applicable current CITY standard designs and/or specifications;and any project-specific special design requirements.) B) Visit the project area (for purposes of this project described as from the west right-of-way edge of Beach Street to the east property line of the park and from the south right-of-way edge of Shiver Road to the north property line of the park) to observe and photographically document existing conditions as necessary for completion of the project. C) Prepare a project base map for the project utilizing sheet format requirements and relevant data provided by CITY, data provided by ENGINEER, and latest Google Earth or other available aerial photographic imagery. The project base map shall be suitable for use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format, portrait orientation, with black and white line work(with illustrative full-color shape fill and with full-color aerial photo background which can be turned on or off,separately,as requested by CITY). Attachment A Scope of Services North Park Improvements Page 4 of 6 D) Attend one (1) meeting (up to two-hour duration) with the CITY to review project data, site photos,base map,and other information resulting from subtasks outlined above prior to proceeding with preparation of illustrative master plan update. 3. Illustrative Master Plan ENGINEER shall perform the following tasks: Based upon data gathered and input received in previous tasks and upon guidance provided by the CITY, prepare a preliminary and final updated master plan and order-of-magnitude opinion of probable construction cost. The preliminary and final updated master plan shall be in full-color and shall include project name, list of existing and proposed park elements, proposed park elements labeled on an illustrative plan view (with or without leader lines), north arrow, scale, date, CITY name and logo, and ENGINEER's name and logo. The preliminary and final updated master plan shall be suitable for clear readable use in both 22 inch x 34 inch (full-size) and 11 inch x 17 inch (half size) format, portrait orientation, with black and white line work(with illustrative full-color shape fill and with full-color aerial photo background which can be turned on or off, separately, as requested by CITY). The preliminary and final opinion of probable construction cost shall be based on the scaled quantities derived from the ENGINEER's updated master plan and on unit prices current at the time of the cost opinion preparation. The cost opinion shall be in 8 Y2 inch x 11 inch format. A) Prepare 'initial concept'of preliminary updated master plan and cost opinion documents described above for review with CITY. Provide CITY with hardcopies(2 full-size and 4 half- size) and an electronic pdf for each format for CITY review. B) Attend one (1) meeting (two-hour duration) with the CITY to review 'initial concept' preliminary updated master plan and cost opinion documents to obtain CITY input and guidance prior to completing preparation of 'presentation' preliminary updated master plan and cost documents described above for use in community input meetings. C) Incorporating CITY input and guidance from review meeting, prepare 'presentation' preliminary updated master plan and cost opinion documents described above for use in community input meetings. Provide CITY with hardcopies (2 full-size and 4 half-size) and an electronic pdf for each format for CITY review. D) Following community input meetings and further input and guidance provided by CITY, prepare final updated master plan and cost opinion documents described above. Provide CITY with hardcopies(2 full-size and 4 half-size) and an electronic pdf for each format for CITY use. Attachment A Scope of Services North Park Improvements Page S of 6 ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work product components including but not limited to data, photos, images, text, designs, cost opinions, etc. for project-related use by CITY including but not limited to project budgeting, project coordination/communication,etc. SPECIAL SERVICES 1. Special Service—Community Input Meetings and Presentations ENGINEER shall perform the following tasks: A) If requested and confirmed in writing by the CITY, the ENGINEER shall attend and/or participate in meetings and/or presentations with CITY staff to gather input from the community and/or present information to the community related to update of the North Park master plan. These meetings and/or presentations may or may not include the YMCA, North Fort Worth Alliance, North Fort Worth Alliance Soccer Association, North Park area neighborhood(s), City Council District 4 representatives, Park & Recreation Advisory Board, or others. The CITY will provide contact and coordination with meeting invitee individuals and groups,scheduling of meetings, arranging of meeting locations, etc. Services provided by the ENGINEER under this task shall be provided on an hourly not-to- exceed basis utilizing hourly rates agreed to by the CITY and the ENGINEER prior to request for and performance of the services. CLARIFICATIONS AND EXCLUSIONS 1. Any services and/or work products by ENGINEER beyond those specifically described above are not included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to performance of such services. Attachment A Scope of Services North Park Improvements Page 6 of 6 Attachment B Compensation The services described in Attachment A Scope of Services shall be provided within the overall fee total amount indicated below. The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A Scope of Services shall be invoiced to the CITY on a monthly basis. Invoice amount by task shall be based upon percentage completed for each lump sum task and upon pre-approved-by-CITY hourly rates for each hourly task. Below is a fee breakdown by task for the services described in Attachment A Scope of Services: Task Fee BASIC SERVICES 1. Coordination/Management/Communication (lumpsum) $ 16,300 2. Data Review/Site Visit/Base Map (lumpsum) $ 6,500 3. Illustrative Master Plan (lumpsum) 20,600 Subtotal $ 43,400 SPECIAL SERVICES 1. Special Service—Community Input Meetings (hourly not to exceed) 6,400 Subtotal 6,40 Total Fee for Services $49,800 Attachment B Compensation North Park Improvements Page 1 of 3 Attachment B Compensation (cont'd) NORTH PARK STAFF CLASSIFICATIONS w/ HOURLY RATES FOR HOURLY TASKS Staff Hourly Rate Principal $275 Project Director $225 Project Manager $190 Landscape Architect $125 Landscape Architect Intern $110 Professional Engineer $200 Clerical $95 EXPENSES Customary in-house expenses incurred by Dunaway related to performing this Scope of Services are included in the lump sum fee listed above (e.g., in-house copies, mileage, tolls, computer plotting, photography, meals, etc.). Special request expenses for out-of- house services are not included in the lump sum fee listed above, and will be billed as a reimbursable expense. These may include, but are not limited to: couriers/deliveries, repro services, multiple print copies, binding, dry mounting, etc. Attachment B Compensation North Park Improvements Page 2 of 3 Attachment B Compensation (cont'd) 2018 STANDARD HOURLY BILL RATE SCHEDULE FOR HOURLY TASKS STAFF TYPE HOURLY BILL RATE Administrative.................................................. $85.00 - $154.00 Department Directors ...................................... $145.00 - $286.00 Information Systems........................................ $95.00 - $105.00 Marketing/Business Development................... $105.00 - $149.00 Financial.......................................................... $120.00 - $275.00 Civil Technician ............................................... $87.00 - $132.00 Civil Designer.................................................. $115.00 - $143.00 Graduate Engineer.......................................... $115.00 - $132.00 Project Engineer.............................................. $135.00 - $176.00 Assistant Project Manager............................... $140.00 - $154.00 Project Manager.............................................. $155.00 - $204.00 Field Manager/Chief of Parties........................ $120.00 - $176.00 Survey Project Manager.................................. $135.00 - $187.00 Senior Project Surveyor................................... $150.00 - $165.00 Survey Party Chief........................................... $120.00 - $149.00 Survey Technician........................................... $90.00 - $121.00 Survey Field Assistant..................................... $60.00 - $66.00 GIS .................................................................. $95.00 - $171.00 PLA Technician ............................................... $80.00 - $116.00 Sr. Land Planner.............................................. $185.00 - $204.00 Graduate Landscape Architect........................ $95.00 - $105.00 Landscape Architect........................................ $110.00 - $209.00 Planner............................................................ $100.00 - $149.00 Construction Administrator.............................. $125.00 - $138.00 Environmental Scientist................................... $105.00 - $154.00 Intem ............................................................... $75.00 - $83.00 Senior Technical Expert.................................. $190.00 - $209.00 Principal........................................................... $190.00 - $315.00 President......................................................... $500.00 Attachment B Compensation North Park Improvements Page 3 of 3 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services (No amendments are required.) Attachment C Amendments to Standard Agreement for Engineering Related Professional Services North Park Improvements Page 1 of 1 Attachment D Schedule The services described in Attachment A Scope of Services shall be provided within the overall time schedule indicated below. The project is anticipated to be completed within approximately six(6)months (approximately 26 weeks). Below is a schedule breakdown by task for the services described in Attachment A Scope of Services: Task Duration BASIC SERVICES 1. Coordination/Management/Communication (ongoing) 26 Weeks 2. Data Review/Site Visit/Base Map (during BASIC task 1 above) N/A 3. Illustrative Master Plan (during BASIC task 1 above) N/A Subtotal 26 Weeks SPECIAL SERVICES 1. Special Service—Community Input Meetings(during BASIC task 1 above) N/A Subtotal N/A Total Project Duration (approximate) 26 Weeks Attachment D Schedule North Park Improvements Page 1 of 1 Attachment E Project Location Map Project location is shown below. OTC„ , Y a _�. JL Im dF 44 Jp_IQJ � 1 k �} J 2. li 1 North Park North Park is a 50-acre athletics-based community park located in for north Fort Worth, approximately) '/.miles east of 1-35 and approximately 3 '1 miles north of 1-820, at the northeast corner of the intersection of Beach Street and Shiver Road Attachment E Project Location Map North Park Improvements Page 1 of i