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HomeMy WebLinkAboutContract 45790 (2)a.±-rtalT COT; '`,cr mop o CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Goodwin and Marshall, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Forest Park Improvements. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $98,500.00 as set forth in Attachment B. 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 final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 ffWCFIVED JUL 2 8 2014 (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 standard of care applicable to the ENGINEER s services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 16 (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 the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) 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 notice of intended audits. 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 insured 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 by endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY 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 Tess 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 acceptable. 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. 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 delivered to the CITY pnor to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 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 PMO Official Release Date: 1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation 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. 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 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 The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 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 role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. 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 appropnate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 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 only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 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, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of n egligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER o r ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 1. 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. 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. K. 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Attachment E - Location Map Executed and effective this the 15th day of July, 2014. BY: CITY OF FORT WORTH S sa Alanis Assistant City Manager Date: gai I 401-4 1213 ar APPROVAL RECOMMENDED: By: Rickard Zavala Director, Parks and Community Services Department BY: ENGINEER Goodwin & Marshall, Inc. mdc Edward Ec�crt Officer Date: 2 all -/9 APPROVED AS TO FORM AND M&C No.: C ' 16 ta LEGALITY By: yv, Douglas W. Black Assistant City Attorney ATTEST: 1 Mary J. Kai( er City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 M&C Date: / S OWICONC ik. [©((3f (\U1) (1 -->> f C C;17, � 118 Fun UdO li- If ; 3,, 1 • ATTACHMENT A GOODWIN MAI"SHALIA June 3, 2014 CIVIL ENGINEERS — PLANNERS — SURVEYORS Mr. Joel MeElhany Senior Landscape Architect Parks and Community Services Department City of Fort Worth 4200 South Freeway Suite 2200 Fort Worth, TX 76115-1499 Re: Proposal for Professional Services the Final Design of Various Improvements Associated with Forest Park, Located in the City of Fort Worth, Texas Dear Mr MeElhany: We at Goodwin and Marshall, Inc. (G&M) sincerely appreciate the opportunity to provide you with professional services on the above referenced project. G&M previously prepared preliminary information relative to various improvements located in the vicinity of Forest Park Upon review of this information, the City of Fort Worth has requested that G&M prepare plans and specifications associated with (1) Park Place Drive, including the relocation of the west curb, the construction of a sidewalk, and the placement of pavement markings; (2) Colonial Parkway, repaving from University Avenue to the new paving at the zoo parking lot including the existing vehicular creek crossing, construction of a City hike and bike trail a pedestrian bridge, and the removal of sidewalk; and (3) the replacement of six existing parking lots. Pursuant to standard civil engineering procedure, no structural engineering design will be prepared by G&M. The location of the improvements discussed herein are attached as Exhibit "A' to this scope of services. Based on our understanding, the following represents the scope of basic services that we believe necessary to successfully complete the requested program of work: SCOPE OF BASIC SERVICES 1. Unit 1: Park Place Drive Improvements a. Topographic Design Survey - G&M will prepare a topographic design survey for Park Place Drive sufficient to design the proposed improvements. The design survey will be performed under the direct supervision of a Registered Professional Land Surveyor licensed to practice in the State of Texas. The design survey will be for the purpose of preparing the engineering construction plans, and will identify sanitary sewer lines and manholes, water lines, storm dram facilities, paving elevation and existing back of curbs, driveways, etc. 2405 MUSTANG DRIVE / GRAPEVINE,TX 76051 / 817-329-4373 / 817-329-4453 (FAx) 6909 W. RAY ROAD, # 15 / CHANDLER, AZ 85226 / 602-218-7285 / 480-344-3466 (FAx) Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 2 of 7 b. Geotechnical Services - G&M will subcontract with a geotechnical consultant acceptable to the City of Fort Worth for paving and subgrade recommendations G&M will use these recommendations for the preparation of the construction plans c. Park Place Drive Paving Improvements - G&M will prepare plans and specifications for paving, grading, and drainage improvements associated with the relocation of the west curb of Park Place Drive to reduce the width of the roadway from 35-feet to 30- feet and construct a pedestrian sidewalk along the west side of Park Place Drive adjacent to the road. The roadway improvements will affect approximately 1,450 linear feet of the roadway. The proposed sidewalk plans will include approximately 570 linear feet of four -foot sidewalk and 840 linear feet of six-foot sidewalk. No improvements are proposed for the eastern portion of Park Place Drive from Forest Park Boulevard west that is currently less than 35 feet in width. The paving plan shall be a horizontal layout suitable for construction staking prepared in accordance with the recommendations of the project geotechnical consultant or as specified by City of Fort Worth standard specifications. The plans will also address the relocation of the existing fence and the placement of trash receptacles, along with required pavement markings and ADA accessibility ramps. G&M will submit the design information to the City of Fort Worth and provide technical support to facilitate acceptance of the plans. d. Construction Support Services - Upon acceptance of the construction plans by the City of Fort Worth, G&M will perform the following services during the construction phase of the project: • Issuance of bidding documents in .dwf and .pdf formats for posting on the City of Fort Worth's Purchasing website; • Attendance at pre -bid and pre -construction meetings • Periodic inspections when requested by the City to ensure general conformance with the design documents prepared by G&M; • Participation in the final inspection and preparation of punchlist items; • Review pay requests and change orders if necessary; • Review and respond to RFIs; • Preparation of required TDLR paperwork and coordinate review and inspection with TDLR; • Review lab reports; and • Preparation of `as -built' plans based on information provided by the contractor for the City of Fort Worth. Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 3 of 7 2. Unit 2: Colonial Parkway Improvements a. Topographic Design Survey - G&M will prepare a topographic design survey for Colonial Parkway sufficient to design the proposed improvements. The design survey will be performed under the direct supervision of a Registered Professional Land Surveyor licensed to practice in the State of Texas. The design survey will be for the purpose of preparing the engineering construction plans, and will identify sanitary sewer lines and manholes, water lines, storm drain facilities paving elevation and existing back of curbs, driveways, etc. b. Geotechnical Services - G&M will subcontract with a geotechnical consultant acceptable to the City of Fort Worth for paving, subgrade and pedestrian bridge abutments recommendations These recommendations will be used in the preparation of the construction plans. c. Colonial Parkway Improvement Plans - G&M will prepare construction plans and specifications for repaving Colonial Parkway from University Avenue to the new paving at the zoo parking lot, a distance of approximately 2,600 linear feet and improvements to the Colonial Parkway bridge that will include removal of the existing sidewalk on the north side of Colonial Parkway from the bridge west to the first driveway and reconstruction of the asphalt roadway across the existing bridge to allow a full -width 33-foot wide road striped for three lanes. The paving plan shall be a horizontal layout suitable for construction staking prepared in accordance with the recommendations of the project geotechnical consultant or as specified by City of Fort Worth standard specifications. This item includes striping plans associated with these improvements. O&M will submit the design information to the City of Fort Worth and provide technical support to facilitate acceptance of the plans. d. Colonial Parkway Trail Plans - G&M will prepare construction plans and specifications for concrete paving, grading, and drainage improvements associated with the extension of a 10-foot wide hike and bike trail along the south side of the existing Colonial Parkway roadway bridge for a distance of approximately 300 linear feet (exclusive of the pedestrian bridge) The paving plan shall be a horizontal layout suitable for construction staking prepared in accordance with the recommendations of the project geotechnical consultant or as specified by City of Fort Worth standard specifications. The plans will include the required crosswalk pavement markings and four ADA accessibility ramps G&M will submit the design information to the City of Fort Worth and provide technical support to facilitate acceptance of the plans. e. Colonial Parkway Pedestrian Bridge Plans - G&M will subcontract with a structural engineer acceptable to the City of Fort Worth for the preparation of plans and specifications for the bridge abutments associated with the construction of a 61-foot Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 4 of 7 long by 12-foot wide pedestrian bridge along the south side of Colonial Parkway that will allow for a 10-foot wide hike and bike trail. G&M will submit the design information to the City of Fort Worth and provide technical support to facilitate acceptance of the plans. It is currently anticipated that the bridge will be pre- fabricated and installed under the contract for the trail and road improvements. f. Construction Support Services - Upon acceptance of the construction plans by the City of Fort Worth, G&M will perform the following services during the construction phase of the project: • Issuance of bidding documents in .dwf and .pdf formats for posting on the City of Fort Worth's Purchasing website; • Attendance at pre -bid and pre -construction meetings • Periodic inspections when requested by the City to ensure general conformance with the design documents prepared by G&M; • Participation in the final inspection and preparation of punchlist items; • Review pay requests and change orders if necessary; • Review and respond to RFIs; • Preparation of required TDLR paperwork and coordinate review and inspection with TDLR; • Review lab reports; and • Preparation of `as -built' plans based on information provided by the contractor for the City of Fort Worth. 3. Unit 3: Parking Lots a. Topographic Design Survey - G&M will prepare a topographic design survey for the six parking lots sufficient to design the proposed improvements The design survey will be performed under the direct supervision of a Registered Professional Land Surveyor licensed to practice in the State of Texas. The design survey will be for the purpose of preparing the engineering construction plans, and will identify sanitary sewer lines and manholes, water lines, storm drain facilities paving elevation and existing back of curbs, driveways, etc. Parking Lot Improvement Plans - G&M will prepare construction plans and specifications for concrete paving, grading and drainage improvements associated with six parking lots identified on Exhibit "A". The paving plan shall be a horizontal layout suitable for construction staking prepared in accordance with the recommendations of the project geotechnical consultant or as specified by City of Fort Worth standard specifications. The plans will also include striping plans for the parking lots. G&M will submit the design information to the City of Fort Worth and provide technical support to facilitate acceptance of the plans. Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 5 of 7 c. Construction Support Services - Upon acceptance of the construction plans by the City of Fort Worth, G&M will perform the following services during the construction phase of the project: • • • . • Issuance of bidding documents in .dwf and .pdf foxinats for posting on the City of Fort Worth's Purchasing website; Attendance at pre -bid and pre -construction meetings Periodic inspections when requested by the City to ensure general confonnnance with the design documents prepared by G&M; Participation in the final inspection and preparation of punchlist items; Review pay requests and change orders if necessary; Review and respond to RFIs; Preparation of required TDLR paperwork and coordinate review and inspection with TDLR, if required; Review lab reports; and Preparation of `as -built' plans based on information provided by the contractor for the City of Fort Worth. 1. Unit 1: Park Place Drive COMPENSATION a. Topographic Design Survey - G&M will prepare the topographic survey for a lump sum fee of $2,900 payable upon completion. b. Geotechnical Services - G&M will perform the services as described for a lump sum fee of $1,900 payable upon completion. c. Park Place Drive Paving Improvements - G&M will perform the services as described for a lump sum fee of $17,800 payable monthly based on an estimated percentage of completion. d. Construction Support Services - G&M will perform these services on a time and materials basis for a fee not to exceed $5,500 payable monthly. 2. Unit 2: Colonial Parkway a. Topographic Design Survey - G&M will prepare the topographic survey for a lump sum fee of $5,100 payable upon completion. Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 6 of 7 b. Geotechnical Services - G&M will perform the services as described for a lump sum fee of $2,800 payable upon completion. c. Colonial Parkway Improvement Plans - G&M will perfoini the services as described for a lump sum fee of $19,800 payable monthly based on an estimated percentage of completion. d. Colonial Parkway Trail Plans - G&M will perfonnn the services as described for a lump sum fee of $2,900 payable monthly based on an estimated percentage of completion. e. Colonial Parkway Pedestrian Bridge Plans - G&M will perform the services as described for a lump sum fee of $7,800 payable monthly based on an estimated percentage of completion. f. Construction Support Services - G&M will perform these services on a time and materials basis for a fee not to exceed $6,500 payable monthly. 3. Unit 3: Parking Lots a. Topographic Design Survey - G&M will prepare the topographic survey for a lump sum fee of $6,300 payable upon completion. b. Parking Lot Improvements Plans - G&M will perform the services as described for a lump sum fee of $13,700 payable monthly based on an estimated percentage of completion. c. Construction Support Services - G&M will perform these services on a time and materials basis for a fee not to exceed $5,500 payable monthly. TOTAL FEE: $98,500.00 TOTAL SERVICES PERFORMED BY SBE, DBE, MBE, or WBE Firms: $19,380.00 PERCENT OF SERVICES PERFORMED BY SBE, DBE, MBE, or WBE Firms 19.7 % It is our understanding that the City of Fort Worth SBE goal for this project is 17%. It is the intention of Goodwin and Marshall, Inc. that all reasonable costs for reproduction, mileage, etc. are included in the costs shown above. No work that is intended to be invoiced as a Special Service will be performed without prior approval by the Owner Mr. Joel McElhaney, City of Fort Worth Forest Park Final Design Services June 3, 2014 Page 7 of 7 It is assumed that the general contractor will be responsible for the preparation and monitoring of the Stormwater Pollution Prevention Plan (SWPPP) and for all inspection services Please review the terms of this proposal, including the General Conditions of Agreement, carefully. If you are in agreement, please sign and return a copy to this office for our records. Your signature will serve as our authorization to proceed. We at Goodwin and Marshall, Inc. sincerely appreciate the opportunity to provide you with these professional services. If you have any questions regarding this proposal, please feel free to call. Sincerely, Goodwin and Marshall, Inc. Edward W. Eckart, P E Officer ATTACHMENT B COMPENSATION Project Number/Name 02088 / Forest Park Improvements Firm Prime Consultant Goodwin Marshall, Inc. Proposed SBE Sub -Consultants AG&E Structural Engenuity ANA Consultants, Inc. Primary Responsibility Engineering, CAD SUB TOTAL Structural Engineering Topographic Survey SUB TOTAL TOTAL Fee Amount $ 79,120.00 $ 79,120.00 $ 6,500.00 $ 12,880.00 $ 19,380.00 $ 98,500,00 80% 80% 20% 20% 100% ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Amendments to the Standard Agreement are shown by strike-thru/underlined insertion format within the body of the Agreement. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/15/2014 DATE Tuesday, July 15, 2014 LOG NAME 80FOREST PARK_GOODWIN MARSHALL SUBJECT: Authorize Execution of an Engineering Agreement with Goodwin and Marshall, Inc., in the Amount of $98,500.00 for Engineering and Design of Park Improvements in Forest Park (COUNCIL DISTRICT 9) REFERENCE NO.: **C-26848 RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Goodwin and Marshall Inc., in the amount of $98,500.00 for engineering and design of park improvements in Forest Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Engineering Agreement with Goodwin and Marshall Inc in the amount of $98 500.00 for engineering and design of park improvements in Forest Park. The proposed park improvements include a new trail and pedestrian bridge adjacent to Colonial Parkway, repaving Colonial Parkway, reconstruction of Park Place Drive and replacement of six existing parking lots along Colonial Parkway and Rogers Road. On May 1, 2012, (M&C G-17586) the City Council authorized the Parks and Community Services Department Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan in the amount of $2,491,107.49 of which $501,924.16 was allocated for improvements at Forest Park. The amount represents the net prorated mineral lease bonus for Forest Park. The 2004 Capital Improvement Program (CIP) Proposition One: Street and Storm Sewer Improvements allocated the amount of $1,000,000.00 for park drainage and erosion control improvements. The available balance of $25,330.00 in this fund will be used towards additional drainage and erosion control improvements in Forest Park. The 1998 Capital Improvement Program (CIP) also allocated the amount of $1,800,000.00 for park road and parking improvements of which $309,732 00 remain and will be used for road and parking improvements in Forest Park. Project funding breakout is as follows: Funding Source ' Amount Gas Bonus (M&C G-17586) 1$501,924.16 2004 CIP '.$ 25,330.00 1998 CIP j$309,732.00 TOTAL $836,986.16 Logname: 80FOREST PARK_GOODWIN MARSHALL Page 1 of 2 On June 26, 2013, a preliminary Design Agreement in the amount of $29,600.00 was administratively executed with Goodwin & Marshall, Inc. (City Secretary Contract No. 44577) to assess scoping needs and prioritization of improvements. This M&C will authorize Goodwin & Marshall, Inc., to proceed with final design and preparation of construction documents. M/WBE OFFICE - Goodwin and Marshall, Inc., is in compliance with the City's BDE Ordinance by committing to 20 percent SBE participation on this project The City's SBE goal on this project is 17 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 76N, 76P and 76T. FISCAL INFORMATION / CERTIFICATION. The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Park Gas Lease Project Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C282 531200 809370208830 $98.500.00 CERTIFICATIONS: Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: Susan Alanis (8180) Richard Zavala (5711) David Creek (5744) ATTACHMENTS 1. C282-531200-809370208830.docx (CFW Internal) 2. Forest FAR.pdf (CFW Internal) 3. Forest Park SBE Compliance Memo.pdf (CFW Internal) Logname: 80FOREST PARK GOODWIN MARSHALL Page 2 of 2