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HomeMy WebLinkAboutContract 43404 (2)CITY OF FORT Int RTH, CF?YSECRETARY fj CONTRACT Net si. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES 4 I . This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Paul Dennehy d/b/a Paul Dennehy Architects, authorized to do business in Texas, an independent contractor ("Consultant"), ("Party" or "Parties") for a PROJECT generally described as: Broadview Park CCC Restoration. Article Scope of Services 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Broadview Park CCC Restoration. 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $45,000 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 1 of 8 • OFFICIAL RECOfIifi CPT SECRETARY GiiD ifl10RTAE9TS Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of twenty (20) months (Design thru Construction Administration), beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification 1. Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. 2. In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant s exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 2 of 8 Article VI Insurance 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 2. Additional Insurance Requirements Except for employer's liability insurance coverage under Consultant's workers compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Parks and Community Services Department - Nature Center, Attention: Suzanne Tuttle, 9601 Fossil Ridge Road, Fort Worth, TX 76135-9148, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract 1. City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 4 of 8 Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. 2 If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit 1. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. 2 Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. 3. Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 5 of 8 Article X Minority and Women Business Enterprise (M/WBE) Participation In accordance with City Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not Tess than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 6 of 8 ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV S everability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV N otices N otices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: PACS - Nature Center 9601 Fossil Ridge Road Fort Worth, Texas 76135-9148 Consultant: Paul Dennehy Architects Attnn Paul M Dennehy, AIA 3464-A Bluebonnet Circle Fort Worth, TX 76109 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 7 of 8 Article Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. I xecuted and effective as of the last date executed by a Party hereto. BY: CITY OF FORT WORTH [ ) \Ako w / V� r � Susan Alanis Paul Assistant CityManager Vice -President Date C g BY: CONSULTANT Paul Dennehy d/b/a Paul Dennehy Architects APPROVAL RECOM ENDED: M. Dennehy, AIA Ve•iis Date' ) itAt_ I2 _i By. ic/--- t1/4//¼ /� _ Rtard ZKvala • VyvtDirector, Parks and Community Services APPROVED AS TO FORM AND LEGALITY M&C No.: . :k) /04--- Douglas W. Black Assistant City Attorney ATTEST: Mary J. K City Secretary 'CV 01 [3 tit Z?)-11:41 gai 00 City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 05/04/2012 Page 8of8 M&C Date: 1 [118 f}\S f EXHIBIT A DENN E HY milatVw ARCHITECTS 17 April 2012 Mrs. Suzanne Tuttle Nature Center Manager Fort Worth Nature Center & Refuge 9601 Fossil Ridge Road Fort Worth, Texas 76135-9148 Re: Fort Worth Nature Center & Refuge Broadview Park Restoration Project Dear Suzanne: It was a pleasure to meet with you concerning this is an exciting and worthy project for all of North Texas. Based on our discussions of the work, we have outlined the Scope of the Work as follows: • • • • • Renovation of the Main Pavilion Building at the Point; Renovation of the Latrine Building for stabilization purposes. It will not to re -used as a toilet facility; Renovation of the (9)picnic tables and banquet area; Restoration of the water fountain; P rovision of a new parking and drive area and lighting in the site area; P rovision of ADA accessible pathways to approximately 5 table areas; P rovision of a New Restroom Building and Septic System; Provision of an Estimate of Probable Cost for the work. Deliverables: Construction Documents will be prepared for the permitting and bidding proposes. Documents will include: • Site Plan and Details (drives, paving and walkways) • Building and Structure Restoration Plans (Pavilion, Latrine, Water Fountain and Picnic Table) • Building and Structure Elevations (Pavilion, Latrine, Water Fountain and Picnic Tables) • New Toilet Building Plan, Elevations and Details • Structural Plans and Details 1iPage EXHIBIT B • Electrical and Plumbing Plans, Details and Specifications (includes site lighting, maintenance outlets and plumbing for the new toilet building) • Estimate of Probable Cost Fees: Dennehy Architects, Inc proposes to accomplish the outlined Scope of Work above for a Lump Sum Fee of $45,000.00 Our fee includes Architectural, Structural and Electrical, Plumbing and Civil Engineering Services Design and Construction Documents: Surveying (Topological and Trees): On -Site Construction Observation: $34,100.00 $ 5,900.00 $ 5,000.00 Total: $45,000.00 Reimbursable Expenses Reimbursable expense will be billed with no mark-up These expenses will include mileage, courier services, express mail, postage, long distance telephone/fax charges, reproduction costs, TAS/ADA submission fees. Assumptions: It is assumed that electrical power is available from the adjacent Maintenance Complex. It is assumed that the sewage system for the new Toilet Building will be a Septic System (design will be based on a performance based specification) Schedule: We propose to complete the work itemized in this proposal commensurate with your schedule requirements. If these terms are acceptable, please sign the acceptance line below and we will prepare a contract for the work. Should you have any questions, please do not hesitate to call me. We look forward to working with you on this exciting project. Sincerely, Paul M. Dennehy, AIA Vice -President 2IPage Client#: 67500 18DENNEARC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY 6/04/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wortham Insurance & Risk Mgt 1600 West Seventh Street Fort Worth, TX 76102-2505 817 336-3030 INSURED Dennehy Architects 3464-A Bluebonnet Circle Fort Worth, TX 76109 CONTACT NAME: PHONE 817 336-3030 E-MAIL ADDRESS: (A(c, No): 817-336-8257 INSURER(S) AFFORDING COVERAGE INSURER A: Hartford Lloyds Insurance Compa 38253 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : NAIC it COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR. ADDL'SUBR. 3 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY 46SBABC6335 03/15/2012 03/15/201 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) CLAIMS -MADE OCCUR MED EXP (My one person) A COMMERCIAL GENERAL LIABILITY X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JEC° I I LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED _ AUTOS X HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAR EXCESS LIAR DED I I REIENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below OCCUR CLAIMS -MADE Y/N NIA 46SBABC6335 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 03/15/2012 03/15/2011 Ee ace deD SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE I TORY LIMITS I EORH_ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: See attached forms: SS0008 04/05, Business Liability Coverage Form; IH12001185T Seq. No. 001, Additional Insured - Person - Organization CERTIFICATE HOLDER City of Fort Worth Parks & Community Services Dept. Attn: Suzanne Tuttle 1000 Throckmorton Fort Worth, TX 76102 CANCELLATION $1,000,000 $ 300 000 $10 000 $1 000 000 $2 000 000 $ 2 000 000 $1,000,000 $ $ $ $ $ $ $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S310655/M310652 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 18LJB