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
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Scope of Services
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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(
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(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
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PMO Official Release Date: 1/28/2013
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(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
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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
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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
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PMO Official Release Date: 1/28/2013
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(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
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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
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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
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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
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PMO Official Release Date: 1/2811013
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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
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PMO Official Release Date: 1/28/2013
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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
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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
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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;
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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
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PMO Official Release Date: 1/28/2013
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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.
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• 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
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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)
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