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HomeMy WebLinkAboutContract 45385 (2)ST ND CITY SECRET CONTRACT NO.L.LLL- CITYOFFORI WOR Hs � EXAS I AGREEMENT FOR ENGINEERING REo_iC.ED DESIGN SERVICES mi inironallityr (thy "Cl ♦. a o r-a 2 0 aca- ri-n=1 a i hp - - - % a i N. s- - a Redevelopment Scope of Services Compensation R �C a� °c n City of o_rt and, f ennehv Arcehitec=tS ithn- -7eri tn e e and - . �.• .o �o- a :per aR dpsnrihcri Vic• Article t ry Scope of ' .ervices.,._ is set fort. This : 3IN ER's••co forth in Attachment Bz Terms of Payment Payments to tre riNt (1) (o) G l tn. aft -PCP MPtt Le Article �I .0. er-„ dc4 a r ne=9 L')".Ct A 9 b �L np 7q %eV s o-,-+ � :M A:any . c 'i„�. n ;�= @ _ .+. . 'S� 'J ice = ..a n E r'tea will invoice and Payment be made as follows: a �6 �0 ➢ rt [( _emf 6 i flat" _.W-- hrrn r\ rute. 5i. h�ushiess in Texas; - ad '; yet," P ;9 I n 4 ry .0 A • Hnnr %A./0 Par 1 The Engineer shall provide the City sufficient documentation) including hut • . . ��--� ppis=g4S-n F. 14 E gii: - `a c= to 2:Cn-i--Cc: rr AGREEMENT, to res Y i rE o c-? _ . >_. i i 3 3 Q a� ; 1 sonably substantiate the invoices. _ 'NEL.. - fi n- 'tl: , s c : m on.t®. fi g Lint, jr' 5 at `' per$ •� - 9 '-' 'z- q n=c.. . ai work'. pe. cr L id II PI s i E 3_ ie �t rider this r^.�m.- .. S lyt2 AGRFEMENT. Ilinvoices are d i le and payable. within 30 days of receipt_ upon completion of se6 vuces enu6 ier;'ted, in Article U, the final payment of any balance wil be due within 30 days of receipt of the final invoice. -City-of-Fort` orth, Texas Standard Agreement for Engineering Related Design Services P eva um - Release e.ease Date: aie: L J# O/1.0 4 3 Page 10 1( rOFFICIA tCOR D ,-;� •""1 tnRETARY IJ ErEj'JEfl(je l� FEB 2 L of (4) In the event of a disputed or contested billing, only that portion so contested %ill be vAlithheld 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 •:ENG.INEER 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 engineernng consultation and advice and furnishing customary services incidental thereto. Standard of Care The standard of care applicable to the ENGINEERs 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 he performed hereunder. The FNGINFFR shall also advise the CITY concerning the results of same. S! ch surveys, tests and investigations snap be furnished by the CITY, unless otherwise specified in Attachment A. Ciiy:of Fort.Worth,`fexas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 17 (2) In soils, foundation, groundwater, and other subsurface investigations, she actual c'aracteristics 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 iri. 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 shallbecome 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 (') The pi w ei iue vi duties of the ENGI IEER's personnel at a construction n site, w tether as on -site representatives of 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 entityof their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and comple'ing 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 Al 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, n 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 FortVUorth, Iexas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 17 (3) ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or gLantity 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 meter leis, 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 toberequired 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 sc iedules for the PROJECT, the ENGINEER has ro 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 directon 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 ceasibility or schedules will- not vary from the ENGINtEERrs opinions, analyses, projections, or estimates. G Construction Progress Payments Recommendations by the ENGINEE-R 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 inoicatea 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-_ w thf the Contract n...... i 1L.,.i 4L. r 1. will L.... '. 11 L... 1L....1 aL... Documents; that the final work will be acceptable in all 1 CJI.1ClJW, 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 PM0 Official Release Date: 1/28/2013 Page 4 of 17 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if renuired, will be prepared; in mart, 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. 20Q20=12-2011, as amended;. the City has goals for theparticipation of minority business enterprises and/nr 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 tnan three (3) years. J. Right to Audit (1) ENGINEER agrees. that the. CITY shallr 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 1 with 11� r this L: The CITY 1_ 11 compliance wiu i the provisions of a its section. i he CI i z shall give ENGINEER reaso► able 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 ofFort Worth, Texas Stand-ard Agreement fat Glll`{ineeiIfg Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 17 (3) facilities, and shall be provided adequate and appropriate work space, in order to corduct 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 revested by the CITY. Tne -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 riot less than $1_, 000=,_000:.00-. per each occurrence with a $2,000;000,00 aggregate. If such Commercial General Liaf?r!ity insurance contains a general aggregate limit, It shall apply separately to this PROJECT or location. The CITY shall be included as an insured under the CGL, using 1SO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any This insurance shall aoply 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 exclusionsby endorsements . that would alter or nullify. premises/operations, products/completed operations contractual, personal injury, or advertizing injury, which are normally contained within the policy, urless the CITY approves such exclusions ir writing. ii. -ENGINEER waives all -rights _against -the CITY and its agents, officers, directors and employees for-ecovery 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, I exas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/280013 Page 6of17 acceptable. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damagesare covered bythe 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, commerciai umbrella liability insurance with a limit of not less than $1 ^0,000.00 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 oy 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 pror to ENGINEER proceedir'g 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 17 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 (3.0),.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 ter all policies must be authorized to do business in the State of Texas and have a minimum rating of AM 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. 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. j• 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 interruptionnor 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1128/2013 Page 8 of 17 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 shalt: provide: CITY with. documentation thereof on a certificate of insurance. 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,. director indirect, in- property: abutting: the= proposed PROJECT and bus'ness relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest tnat 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 hazardoussubstancesin 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 activit es -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 rhich 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 r-equire_ddue- to the changes in thepermitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreemert which the ENGINEER could not have peen 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: 1/2811013 Page 9of17 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT inaccordance_ wrththe 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 irformati.n provided by the CITY. 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 CFTY's personnel. 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 10of17 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 obse i es or becomes aware or 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 asbest containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In considerationof 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. Contractor Indemnification and Claims The CITY agrees to include in all constructor contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site, and provisions nroviding 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 struction 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: 1128/20/3 Page 11 of 17 no direct action against the ENGINEER, its officers, employees, and subcontvactors, 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. CI T Y's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures ass-ociatee w th 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 thepolicy 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. 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 req_ired for peiormance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release. Date; 1/22/2013 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a wntten Notice to Proceed from the CITY. Reuse of Project Documents Ail 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 perrr"ssion of the ENGINEER w'II be at tne 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 b 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 tne 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, ecifications or other forms of ENGINEER'S -work -product; City of Fort Worth, Texas Standard AgreementforEngineering Relates! Design Services PMO Official Release Date: 1/28/2013 Page 13 of 17 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 proceeaing 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 te-urination 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 negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or 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 understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for. willful misconduct or gross negligence for limitations of liability and sole negligence for ndemniEication. 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 17 L 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. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, :illegal, or unenfor-c-eable :in :uny -respect,: such invalidity, illegality, or unenforceability will not affect any other provision, and this AGQEEMEN T 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 hereoy made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Aftachme, ` C - Amendmerts 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 17 Attachment F - Location Map Exenuted and efertive this the 14th day of January, 7014. BY: CITY OF L ORT WORTH s i ' =a� i Ala an' Assistant Lt� y V iC.41 Date' .,� • BY: ENGINEER Dennehy Architects, Inc. _i_2Giee Sandra a S Dennehy, A President 1 1- Date: APPROVAL RECOMME By: .Richard Zavala Director, , Larks and Community Services APPROVED AS TO FORM AND M&C No.: LEGALITY By: riA.A_ ubu 1 AA -Do gt8 b i c c k Assistant City Attorney ATTEST: r Mary J. Kaysd City Secretary M&C Date: kelk m- Krek City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services . PMQ-Official Relsas&Qats• .1/28l2013 Page16of17 30. 1 • a 1 • i D ENN EHY TiOisAs ARCHITECTS Attachment A SCOPE OF SERVICES DAI and our consultants will design the Boardwalk, Shelter and Trail. Program elements for the project include the following: • Topographic survey of existing site area. • New concrete piers for boardwalk and shelter • Investigation and use of recycled materials where possible • Site improvements relating to accessibility access. Note that the existing trails and boardwalk do not comply with TAS/ADA requirements — this proposal includes architectural, structural engineering, surveying and civil work required to provide a compliant project • Coordination with the City of Fort Worth Building/Permitting Department to ensure compliance with current Building Codes and regulations. It is understood that documents will be submitted for an interagency review and that documents shall comply design and submission requirements Attachment A Fort Worth Nature Center Boardwalk Development DENNEHY ARCHITECTS Attachment B COMPENSATION and PAYMENT SCHEDULE Lump Sum Fee: Project Reimbursables: Total: $ 39,800.00 $ 1,600.00 $ 41,400.00 Design Development (30%): Construction Documents (55%): Bidding (5%): Construction Admin. And Close-out (10%): Total Lump Sum Fee: $ 11, 940.00 $ 21, 890.00 $ 1,990.00 $ 3,980.00 $ 39,800.00 Invoices will be submitted monthly based on a percentage of completion Attachment B Fort Worth Nature Center Boardwalk Development DENNEHY ARCHITECTS Attachment C Design and Engineering Services for Nature Center Boardwalk Redevelopment Services No Amendments to Standard Agreement for Engineering Services in this agreement. Attachment C Fort Worth Nature Center Boardwalk Development DENNEHY ARCHITECTS Attachment D SCHEDULE Notice to Proceed/Start Date: Land Surveying: 30% Plan Review: 60% Plan Review: Design Complete: Reviews and Revisions: 05 March 2014 06 March — 27 March, 2014 27 March — 17 April, 2014 17 April — 28 May, 2014 28 May — 25 June, 2014 25 June — 23 July 2014 Attachment D Fort Worth Nature Center Boardwalk Development Fort Worth Nature Center Boardwalk Redevelopment Mapsco 44 100 50 0 100 Feet ATTACHMENT E N DENNEI- Y mapar ARCIIITECTS 20 February 2014 Tonda L. Rice — Project Manager Parks and Community Services Department The City of Fort Worth 4200 South Freeway Suite 2200 Fort Worth, Texas 76115-1499 RE: Professional Services Proposal Nature Center Boardwalk Redevelopment Fort Worth, Texas Dear Ms. Rice: Dennehy Architects, Inc. (DAI) is pleased to submit this proposal for the Fort Worth Nature Center Boardwalk Redevelopment described in your letter of 14 November 2013 and in our site walkthrough. Listed below is our understanding of the scope of the work, deliverables and associated fees. 1. Boardwalk Redevelopment- PROJECT UNDERSTANDING: The Project consists of design and construction documents for structures related to the Nature Center Trails, Boardwalk and Shelter, including the following: 0 to Make a salvage assessment of the existing trail from the parking area to the boardwalk, Demolition of the existing boardwalk/shelter/and access trail from the existing parking lot, Redesign may include the reconfiguration of the existing boardwalk (8' wide) and associated trails, Provision of a new shelter design of equal or greater size as the existing structure, Preparation of a new trail design compliant with TAS/ADA standards from the parking lot and throughout the boardwalk route, Research and perform all necessary permit applications and compliance requirements for water -based construction (Texas Commission and Environmental Quality (TCEQ)/ Tarrant Regional Water District (TRWD)/ United States Army Corps of Engineers (USACOE)/ City of Fort Worth Floodplain (CFW Floodplain). DAI and our consultants will design the Boardwalk, Shelter and Trail. Program elements for the project include the following: Topographic survey of existing site area. 1 of 4 • New concrete piers for boardwalk and shelter • Investigation and use of recycled materials where possible • Site improvements relating to accessibility access. Note that the existing trails and boardwalk do not comply with TAS/ADA requirements — this proposal includes architectural, structural engineering, surveying and civil work required to provide a compliant project • Coordination with the City of Fort Worth Building/Permitting Department to ensure compliance with current Building Codes and regulations. It is understood that documents will be submitted for an interagency review and that documents shall comply design and submission requirements DELIVERABLES: Dennehy Architects, Inc. will provide the following deliverables for this project. The schedule for completion of this work will be established with the Parks and Community Services Department (July 2014): Field Verification and Schematic Design Documents It is understood that the design team will have access to available existing site plans. DAI will conduct field verification and topographic surveying of existing conditions and provide schematic design development documents for your approval and to establish the trail, boardwalk and shelter layout. DAI will meet with the Parks and Community Services staff to further define the scope of work and to address the project needs within the established budget. Construction Documents and Specifications The Construction Documents will include Drawings as well as Specifications detailing the project. These documents will provide plans and details information concerning the specified materials and will identify the standards of quality expected These Construction Documents will be appropriate for the (bidding) General Contractor/s to provide a Construction Cost/Bid to you, and to obtain the required permits for the construction through the City of Fort Worth Building Department. They will include the following: • Site Plan for permitting • Civil engineering plans for trail and boardwalk work to comply with TAS/ADA • Storm Water Pollution Prevention Plan (as required) • Flood Plain Plan • Finish Schedules and Door Schedules • Floor Plans of the associated work areas • Exterior Elevations • Boardwalk and Shelter Sections and Details • Roof Plan and Details • Specifications and Project Requirements • Structural engineering • Energy Code Compliance Forms (Budding Envelope) • TAS/ADA Forms and Submissions • As -Built Base Drawings 2of4 Construction Administration and Project Close -Out During the Construction of the project, Dennehy Architects will provide (4) four site reviews of the construction progress in addition to the pre -construction meeting and final walk-thru. We will meet with the relevant facilities personnel to keep them informed of the work. Submittals will be reviewed and distributed to the general contractor and Owner. Project close-out documents and inspections will provide a record of the work. PROJECT FEE: Dennehy Architects proposes to coordinate and carry out the work as identified above, including Architectural, Structural Engineering, Civil Engineering, Surveying, for a Lump S um Fee of $39,800.00. Our project teams consists of the following: Architect: Structural Engineer: S urveying and Civil Engineering: Cost Consultant: Design Fee: P roiect Reimbursables: Total Lump Sum Fee: Dennehy Architects, Inc. Frank W. Neal and Associates Baird, Hampton and Brown, Inc. Riddle and Goodnight We will invoice monthly as the work is completed. $ 39,800.00 $ 1.600.00 $ 41,400.00 Form of Contract We will enter into a contract with the City of Fort Worth using the City's Standard Contract Form. Reimbursable Expenses Reimbursable expenses will be in addition to the fee, and will be passed on to you with no mark-up. These expenses include such items as mileage, printing, postage and delivery services, TAS/ADA submission/review fees and other associated document filing fees. Reimbursable Fees are estimated to be $1,600.00. We look forward to the opportunity to work with you on this exciting project. Please feel free to contact me with any questions you may have. Sincerely, eanadiv,a--E,,,7,-.4 Va,J2, ovo Va-hili S andra S. Dennehy, AIA Paul M. Dennehy, AIA P resident Vice -President c►,dennarch.com pmd(a�dennarch.com Dennehy Architects, Inc. 3464A Bluebonnet Circle Fort Worth, Texas 76109 P H: 817-922-9933 CELL 817-689-4287 (Paul) 3 of 4