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HomeMy WebLinkAboutContract 52673 s" CITY SECRET gG ��,Fa CONTRACT NO. b-7 3 0?OJg cfisCq�goRi CITY OF FORT WORTH, TEXAS Ry STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Larry O'Flinn, LLC d/b/a O'Flinn Design Group, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: 101768 - North Z Boaz Park Capital 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 $77,000.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the f - OFFICIAL RECORD City of Fort Worth, Texas " Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Ca it�I Im���ppro��rr�ments, Revised Date: 11.17.17 o 'brri/Ur$ bra, fs sc Page 1 of 17 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 be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 2 of 17 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 this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 3 of 17 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 the construction contractor that affect the amount that should be paid. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 4 of 17 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 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 5 of 17 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 6 of 17 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 — 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. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 7 of 17 acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of$25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 8 of 17 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 respondent 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 9 of 17 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 10 of 17 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." (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 City of Fort Worth,Texas Standard Agreement for Enginebring Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 11 of 17 cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 12 of 17 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' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 13 of 17 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 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 14 of 17 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, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. For contracts with companies that employ fewer than 10 full-time employees (which would include a sole proprietorship) or for an amount less than $100,000.00, the prohibition does not apply. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 15 of 17 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 Larry O'Flinn, LLC d/b/a O'Flinn Design Group 16�C� I >* Fernando Costa Larry O'KA Assistant City Manager Principal Date: -/9 Date: APPROVAL R OMM David Cr k Acting Director, Park & Recreation Dept. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensur,n_q all rformance and reporting ulr Bryan ness, OFFICIAL RECORD Landscape ect/Project Manager CITY SECRETARY FT. WORTH,TX City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 16 of 17 APPROVED AS TO FORM AND LEGALITY BY: xg��� - ug . Black Assistant City Attorney ATT 0� h" ��° A �;,Form 1295: 4 I J. KaXj�M&C No.: City Secre-a ate• ' `' f M&C Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services: 101768—North Z Boaz Park Capital Improvements Revised Date: 11.17.17 Page 17 of 17 Attachment A Scope of Services PROJECT DESCRIPTION The City of Fort Worth Park & Recreation Department (CITY) is planning to develop improvements at North Z Boaz Park, a 138 (+/-) acre community park, in west Fort Worth. The park site is located approximately 1/4 mile south of Interstate 30 and east of State Highway 183, at 3200 Lackland Road, Fort Worth, TX 76116. The park is a former municipal golf course which was converted to a community park in 2012. The topography of the park is largely open and gently rolling consistent with its former use. Within the CITY's 2018 Bond Program, $2,000,000.00 has been programmed for use at North Z Boaz Park for the "Implementation of the park master plan, including, but not limited to, the construction of park trail, a fitness area, picnic facilities, a playground, recreational courts, roads, parking, security lighting, and supporting infrastructure and equipment."The CITY was also awarded a Texas Parks and Wildlife Department Urban Outdoor Grant in the amount of $1,000,000, for the construction of practice athletic fields and supporting infrastructure. These funds afford the project a total budget of$3,000,000.00. This total funding will be used for administration, design, construction, construction inspection, and material testing. The estimated construction budget for the park improvements is $2,400,000.00. The objective of this scope of services is to outline the preparation of a Schematic Development Plan incorporating the park Master Plan (Exhibit A), which was previously endorsed by the Park & Recreation Advisory Board on September 26, 2012. This Schematic Development Plan will take into account changes to existing site conditions, such as; topography, storm water drainage through the park, the closure and proposed demolition of the Putt-Putt miniature golf course complex, installed park amenities, and additional park uses not considered in the park Master Plan. The consultant team will prepare the schematic development plan and an opinion of probable construction costs for all anticipated improvements. Following these tasks, the CITY will evaluate the results to program improvements for development at North Z Boaz Park. It is anticipated that upon the completion of the plan, the CITY will issue a Request for Proposal for final design development and construction document services. Park improvements to be shown in the plan will include those amenities shown in the Master Plan, but must also include the following: ■ Multi-use Practice Fields — must include 2 soccer and 2 baseball fields, unlighted, non-irrigated Attachment A Scope of Services North 2 Boaz Park—Schematic Development Plan Page 1 of 8 ■ Multi-use Sport Court(s) - hard courts suitable for basketball, tennis, volleyball, pickle-ball, etc. ■ Playgrounds - as shown in the original master plan ■ Multi-purpose Trails - Paved ADA accessible park trails, soft surface mountain bike trails, and potential cyclo-cross trails/tracks. Trails may incorporate sections of existing paved cart paths ■ Fishing Pier(s) — installation of an ADA accessible fishing pier at the largest pond directly west of R.D. Evans Community Center ■ Stormwater drainage improvements —that address flooding and erosion issues caused by stormwater runoff in the southwest area of the park ■ Picnic facilities and other park furnishings — must include 3 standard CITY picnic facilities and 10 benches to support park users ■ Paved parking areas — must support multiple areas of, and uses within, the park ■ Landscape restoration —trees, vegetation, and temporary irrigation for establishment within the boundaries of the park Services Overview Basic Services provided by the CONSULTANT in the initial project scope shall include coordination of the CONSULTANT team, review of the CITY's existing and proposed park Master Plan improvements, gathering and assessment of site specific data, preparation of a preliminary concept, participating in selected stakeholder meetings and/or presentations, preparation of a final schematic development plan, and preparation of an order-of-magnitude opinion of probable construction cost. Special Services provided by the CONSULTANT in this scope are not anticipated. Special Services may be required to support potential future work items, such as preparation of design and construction documents and may include services such as topographic survey, tree survey, geotechnical investigation, hydrology/hydraulic analysis, etc. Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 2 of 8 BASIC SERVICES CONSULTANT shall be responsible for providing the following basic services for the project. 1. COORDINATION/MANAGEMENT/COMMUNICATION CONSULTANT shall perform the following tasks: A) KICK-OFF MEETING: Attend one (1) project kick-off meeting (two-hour duration) with the CITY to review project scope, schedule, deliverables, status reporting, communications, and expectations for the project. B) PROJECT MANAGEMENT: Lead and manage the CONSULTANT and sub-consultant design team throughout the project. C) PROJECT COMMUNICATION: Communicate regularly by phone and email with CITY staff. D) PROJECT STATUS REPORTS: Provide the CITY with a current project status report on the last business day of each month throughout the project. E) PROJECT MEETINGS: Participate in meetings with CITY staff as noted specifically in each task described below. 2. DATA REVIEW/SITE VISIT/BASE MAP CONSULTANT shall perform the following tasks: A) DATA GATHERING: Gather and review available relevant project data provided by CITY and other sources. Data will include City owned information such as boundary survey(s), aerial topography, site use information, environmental studies, as-built construction drawings of existing facilities, program information (stake holder design goals), etc. B) SITE ASSESSMENT: 1. Site Visit-Visit the project site to observe and photographically document existing conditions as necessary for completion of the project. This includes documenting existing storm water facilities; as well as areas that exhibit erosion. 2. Site Analysis - Graphic expression of; site observations, topographic (slope) analysis, vegetation analysis, drainage patterns, water features, sun angles, wind directions, views, adjacent land uses, etc. Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 3 of 8 C) BASE MAPPING: CONSULTANT shall prepare a base map for the plan utilizing a sheet format provided by CITY, data gathering, relevant project data, and latest available aerial photographic imagery. - The project base map shall be produced for legibility and clarity at both a 22 inch x 34 inch (full-size), and an 11 inch x 17 inch (half size), format. - The project base map shall be black and white (grayscale) line work with a transparent (shaded back) color aerial photo background. - An electronic version of the final plan will be required, in which the aerial can be turned on or off separately. - Note: Due to the size and orientation of the park, the plan may be produced at a larger scale (i.e. 1"=100') to show the overall park on one plan sheet. Smaller scaled (i.e. 1"=30') plan sheets (22x34) may be requested/required to show greater clarity. D) REVIEW/ASSESSMENT OF THE EXISTING STORM WATER SYSTEM: Review record drawings of existing storm water facilities within the park and identify areas of potential concern. E) PROGRESS MEETING: Attend one (1) meeting (two-hour duration) with the CITY to review project data, site photos, base map, and other information resulting from special services tasks prior to proceeding with preparation of schematic design documents. 3. SCHEMATIC DEVELOPMENT PLAN CONSULTANT shall perform the following tasks: Using gathered data, input received in previous tasks, and guidance provided by the CITY, the CONSULTANT shall prepare a preliminary concept and a final schematic development plan with an associated order-of-magnitude opinion of probable construction cost at each stage. The preliminary concept and final plans shall be legible and clearly readable at both a 22 inch x 34 inch (full-size), and an 11 inch x 17 inch (half size), format. The plans shall have a portrait orientation, with black and white line work, illustrative full-color amenities, and a full-color aerial photo background. An electronic versions of the plans will be required, in which all amenities and the aerial can be turned on or off separately. The plans shall include the project name, existing park elements, proposed park elements, and labels, north arrow, scale, date, CITY name and logo, and CONSULTANT's name and logo. Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 4 of 8 The preliminary and final opinion of probable construction cost shall be based on the scaled quantities derived from the schematic development plan and from researched unit prices, current at the time of the opinion preparation. An electronic version of the final opinion of probable construction cost will be required. A) PROGRAM CONFIRMATION: 1. Program Statement - based on information from the RFP and in discussions with the CITY, create a program statement that contains detailed park development elements to be included in the Schematic Development Plan. 2. Program Confirmation - meet with the CITY in person or via conference call to review and confirm the project program for the Schematic Development Plan. B) PRELIMINARY CONCEPT: 1. Preliminary Concept - prepare preliminary 'initial' concept of the Schematic Development Plan. - Provide CITY with hardcopies (2 full-size and 4 half- size) and an electronic pdf of each format size for CITY review. - Note: Due to the size and orientation of the park, the plan may be produced at a larger scale (i.e. 1"=100') to show the overall park on one plan sheet. Smaller scaled (i.e. 1"=30') plan sheets may be requested/required to show greater clarity. 2. Preliminary Cost Opinion - prepare a budgetary level opinion of probable construction cost for proposed improvements depicted in the preliminary `initial' concept 3. Preliminary Concept Refinement - based on input from the CITY, refine the Preliminary Concept for presentation in stakeholder meetings. C) STAKEHOLDER MEETINGS: 1. Stakeholder Meeting No. 1 - attend one (1) meeting (approximate two- hour duration) with CITY staff and members of Historic Camp Bowie, Inc., Attachment A Scope of Services North 2 Boaz Park—Schematic Development Plan Page 5 of 8 the Fort Worth Mountain Bike Association, and Fort Worth CX to receive input on the inclusion of mountain bike and cyclo-cross trails in the park 2. Preliminary Concept Refinement— attend one (1) meeting with design team to discuss and layout proposed mountain bike and cyclo-cross trails for refinement of preliminary concept 3. Stakeholder Meeting No. 2 - attend one (1) meeting (approximately two- hour duration) with the CITY staff and members of Historic Camp Bowie, Inc., the Fort Worth Mountain Bike Association, and Fort Worth CX to review the refined preliminary concept depicting the proposed trails, and to receive input for the final plan D) FINAL PLAN: 1. Final Schematic Development Plan - following stakeholder meetings and further input and guidance provided by CITY, prepare final Schematic Development Plan. - Provide CITY with hardcopies (2 full-size and 4 half- size) and an electronic pdf of each format size for CITY review. - Note: Due to the size and orientation of the park, the plan may be produced at a larger scale (i.e. 1"=100') to show the overall park on one plan sheet. Smaller scaled (i.e. 1"=30') plan sheets may be requested/required to show greater clarity. 2. Final Cost Opinion — prepare opinion of probable construction cost for improvements depicted in the final Schematic Development Plan. CONSULTANT shall, upon request, transmit to CITY electronic copies of CONSULTANT work product components, including but not limited to; gathered 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. Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 6 of 8 CLARIFICATIONS AND EXCLUSIONS 1. Services and work products by CONSULTANT beyond those specifically described above are not included in the project unless mutually agreed to by CITY and CONSULTANT in writing prior to performance of such services. 2. Integrated Storm Water Management (iSWM) - Stormwater (hydrologic and/or hydraulic) modeling of existing systems or proposed improvements is not included herein. This task may be required prior to construction of proposed improvements. 3. Environmental Requirements Review — Investigations into Waters of the US and USACE Section 404 Permitting is not included herein. This task may be required prior to construction of proposed improvements. 4. Platting of Park Property — investigations into the requirement for the platting of the property and the production of the plat will not be part of this scope of services. The platting services to be scoped and accomplished during the Final Design (DD & CD) Phase. Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 7 of 8 SCHEDULE The CITY currently anticipates the following schedule for CONSULTANT's completion of the Schematic Development Plan: Initiate Contract August 2019 Plan Development August 2019 - December 2019 Finalize Plan December 2019 The CITY anticipates the following schedule for future completion of design, bid, and construction phases for improvements programmed from the Schematic Development Plan: Design Development - January 2020 - May 2020 (30% Documents) Construction Design - June 2020 - December 2020 (60/90/100%/Sealed Documents) Bid & Award Phase January 2021 -April 2021 Construction Phase June 2021 - July 2022 Attachment A Scope of Services North Z Boaz Park—Schematic Development Plan Page 8 of 8 Attachment B Compensation The services described in Attachment A - Scope of Services shall be provided for a total lump sum fee of$77,000.00 (Seventy-seven Thousand Dollars and no Cents). The overall fee total shown shall not be exceeded without prior written authorization from the CITY. Payment for the services described in Attachment A - Scope of Services shall be invoiced to the CITY on a monthly basis, based upon percentage completed for each task. Below is a breakdown by task for the services described: North Z Boaz Park Capital Improvements Task Fee Basic Services 1. Coordination/Management/Communication $ 7,100.00 2. Data Review/Site Visit/Base Map $ 20,100.00 3. Schematic Development Plan $ 49,800.00 Total Fee for Schematic Development Plan $ 77,000.00 Attachment B Compensation North Z Boaz Park—Schematic Development Plan Page 1 of 1 Attachment C Amendments to Standard Agreement for Engineering Related Professional Services Attachment C Amendments to Standard Agreement for Engineering Related Professional Services North Z Boaz Park—Schematic Development Plan Page 1 of 1 Attachment D Schedule The services described in Attachment A - Scope of Services are anticipated to be completed within approximately five (5) months (in about 126 calendar days). Shown below is the anticipated time duration breakdown by task: North Z Boaz Park Capital Improvements Task Duration Basic Services 1. Coordination/Management/Communication N/A 2. Data Review/Site Visit/Base Map 6 weeks (42 days) 3. Schematic Development Plan 12 weeks (84 days) Total Duration for Schematic Development Plan 18 weeks (126 days) Attachment B Compensation North Z Boaz Park—Schematic Development Plan Page 1 of 1 Attachment Project Location 3200 Lack|and Road, Fort Worth, TX 76116 & � :fdb • . - - a — �e • � v I : r - r . I �� % � \� • - % .� ■ ■ ® - , a / , _ � , do. 4 . V & • ,/� \ ` - \\_ \ � '�\z % . Attachment E Pro>ctLoc K_Map North z Boaz Park-Schematic Development%n e 1 of 1