Loading...
HomeMy WebLinkAboutContract 44577 cT KCAUM CITY OF PORT WORTH, TEXAS CONTRACT N09 STANDARD AGREEMENT EMENT FOR PROFESSIONAL SERVICES This AGRE,EM NT' is between the City of Fort Worth, a Texas h�cme-rule municipality (the "CITY"'),, and Goodwin and Marshall, Inc., authorized to do business in Texas, are independent contractor ("Consultant"):, for a PROJECT generally described as, Forest Park Improvements. Article I Scope of Services (1) Consultant hereby agrees to perform as are independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A"". These services shall ho performed in connection with Forest Park Improvements:. (2) Additional services I If are ill be requested in writing by the City. City shall not pad" for any work performed by Consuiltant or its subconsultants, subcontractors and/car suppliers that has not been ordered ire writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person,. Article 11 Compensation Consultant shall be compensated in accordance with the Foe Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and o lulipment necessary to complete, the services described in Attachment "'A", However the total fee paid by the City shall not exceed, a total of $29,600.00 unless the City and the Consultant mutually agree upon a foe amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the, City. Payment for services rendered shall he duo within thirty (3 !1 days of the uncontested performance of the particular services so ordered and receipt by City of Consultants Invoice for payment of same. Acceptance by Consultant of' said pial r ont shall, operate as and shall release the city from all cl aims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any ,act or ornission of the City ire connection pith such services City of Fort Worth,Texas OFFICIAL RECORD Standard Agireem,ent for Professional Services P'MIO Official'Release Date:1/28/2013 CITY SECRETARY of 1 �8 *r,WORTH,T REcEIVED Arficle III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12 months, beginning up�on the date of its, execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Artil"cle IV Independent Contractor Consultant shall operate he,reu�nidler as an independent contractor, and not as an officer, agent, servant, or employee of the City., Consultant shall have exclusive controll of and the exclusive right to control the details of its work to be performed' hereunder, and all persons I its office rs, performing same,, and shah be solely responsible for, the acts and omissions of i agents, employees, contractors and s,ubcointractorr s. The doctrine of respondent superior shall not apply as between City and Consultants its officers, agents,, employees, contractors, and sup contractors, nd nothing herein shall be construed as creating a partnership or jiloint venture between City and Consultant., Art*cle 'V Professi'lonall Competence, and Ire emnifficabon (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national, boards,, bureaus and' agencies. Approval by the City shall not constitute or be, deemed to be, a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors, for the accuracy and competency of its services performed, hereuinider. (2,) In accordance w1oth Texas Local Government Code Section 27 .904, the Consultant shall ire demniffy, hold harmless, and defend the Clity agalinst lab'l' for any damage; caused by or resulting from, an act of negfi*ge nice , i 00 ntentional tort, inteffectua infringe ropers or faiIure to, pay a su cointractor or supplier committed by the ConsultaM or Consultant's agent *I consul' on illtant under �tract,, or another enti�ty over which the Consultant's a' exercises control. City of F rt Worth,Texas Standard Agreement foir Professional Services PMO,Oifficial Release date:1/2,8/20113 Page 2,of 8 Article VI Insurance Amendments to Article V!, if any, are included in Attachment C. 1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may, elect to add any sub resultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1 0010,00101 aggregate Automobile Liability $1,0100,0010 each accident r reasonably e,quivalleinit limits of coverage if written on a split, limits basis). Coverage shall be on any vehicle used in the course of'the Project. Worker 11 s, Compensation Coverage A.- statutory limits Coverage B-. $1010,101001 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for, employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Parks and Community Services Department , Attention,: Joel McElhiany, 42001 South Freeway, Suite 2200, Fort Worth, TX x`6115, prior to commencement of work., c,. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance, requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-paymient of premium. City of Fort Worth,,Texas Standard Agreement for Professional,Services PMO Official Release Date:1/28/2013 Page 3 of 8 .............. ....................... ,61 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial, strength and mqp siollvency. t f. Other than worker's compens insurance,ation insuran , 'in lieu of traditional insurance C I Y may con s,ider alternative coverage or risk treatment measures through insurance pools or risk retention giroup:s. The City must approve in writing, any alternative coverage. g. Workers' compensation insurance piolicy(s) covering employees employed, on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of'the City. h. City shall not be responsible for the direct payment of insurance premium costs for Conisultant's insurance. i. Consultant's insurance policies shill each be endorsed, to, provide that such insurance, is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to C I i'Wi s officially designated contract administrator,any known, loss occurrence which could give rise, to, a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to, the specified amounts of 'insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these,Agreement documents. Article V111 Transfer or Assignment City and Consultant each hind themselves,, and thelir lawful successors and assigns, to this Agreement. Consultant, its lawful successors, and! assigns, shall not assign, sublet or transfer any interest in 'this Agreement without prior written consent of the City. Artoicle Fill Terminat'll'oni of Contract (1!) City may terminate thlis Agreement for its convenience on 30 aays* written notice. Either the City or the Consultant for cause may terminate this Agreement, if either Party fad's substantially to perform through no fault of the, other and does not C,ity of Fort Worth,Texas Standard Agreement for Professional Services PMO Of Release Date:1/28/2013 Page 4 of 8 A commence correction of such nonperformance with 5 days of written notice Fund diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8,, upon, receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "Bi" attached hereto and *incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants,, or contractors, or prepared by Consultant, shall be or become, the property of the City, and shall be furnished to the city prior to or at the time such services are completed, or upon termination or expi I ration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (31) years after final payment under this Agreement, have access to and the right to examine any directly peirtin,en,t books, documents, papers and record's of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall' have access during normal working hours to all necessary facilities and shall' be provided adequate and appropriate workspace in order to conduct audits, in compliance, with the provisions of this section. City shall give Consultant reasonable advance notice of'intended audits,. (2) Consultant fuurther agrees, to include in all its subcontracts hereunder, a provision to, the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years, after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-cons,ultant, involving transactions to the subcontract, and further, that City shall have access during norma,l working hours, to all sub- consultant facilities, and shall be provided adequate, and appropriate work space in order to conduct audits in compliance with the provisions of this article. City, shall give Consultant and any .sub consultant reasonable adivanice notice of intended audit. (3) Consultant and sub,-coinsultanits agree, to photocopy such documents as may be, requested by the City. -rhe City agrees, to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/28/20113 Page 5 of Article X Minority Business and Small Business Enterprise E)(SBE) Participation I In accordance with the City's Business Diversity Enterprise Ordinance No. 2,0020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE, goals established for this Agreement and its accepted written commitment to MBE and SSE participation. Any misrepresentation of facts (other than a negilligant misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this; Agreement and debarment, from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and' local laws and regulations and with all City ordinances and regulations which in any way affect, this Agreement and' the work hereunder, and shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liabillity arising out of the violation of any such order, law, ordinance, or regulatlion, whether it be by itself or its employees. Article X11 Venue and Jurisdiction If any action, whether real, or asserted, at law or in equity, arises, on the basis of any provision of this Agreement) venue for such action shall lie, in state courts, located in Tarrant County, Texas or the United States District Court for the Northern District of'Texas ..� Foirt Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article X1111 Contract,Construction The Parties acknowledge, that each pairty, and,1 if it so chooses,, its counsel have reviewed and revised this Agreement and that the normal rule of construction, to the effect that any ambiguities are to be resolved against the drafting party must, not be employed in the City of Fort Worth,Texas Standard Agreement for Professional Services P Official Release Date:1/28/20113 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIS" Severabil�ity The provisions of I this Agreement are severablle, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any persons or circumstance shall ever be held by, any court of'completent Jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause,1 sentence, paragraph, section, or other part of this Agreement,to other persons or circumstances shall not be affected thereby and this Agreement shall be, construed as if such invalid or unconstitutional portion had never been contained therein. Article, XV Notices Notices, to be provided hereunder shall be sufficient if foirwarded to the other Party by I hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below. City of Fort Worth Attu: Parks and Community Services Department 4200 South Freeway,1 Ste. 2200 Fort Worth, Texas, 7'61151 Consultant: Goodwlin and Marshall, Inc. Attn: Edward W. Eckart, P.E. 2,405 Mustang Drive Grapevine, TX 760511 Article XV1 Headings The headings, contained herein are for the convenience in reference, and are not intended to define or limit the scope of any provisiion of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/2812013 Page 7 of 8 Article XV11 Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all' purposes,, be, deemed an original, but all such counterparts shall together constitute but one and the same, instrument. Executed and effective this the day 0)!W ) 20 BY Y. CITY OF FORT WORTH ENGINEER Goodwin and Mlarshall, Inc. A n usa rsu�sa Alanis Edw'ard W. Ec'ka, Assistant City Manager Officer Date: Date: APPROVAL RECOMMENDED: By: ic,ha,rd Za,vala 10 i I rector, Parks: & Colmmunity Services APPROVED AS TO FORM AND, LEGALITY M&C No.: N/A By: M&C, Date.­, N/A Douglas W'. Black Assistant City Attorney 4 ATTEST.- 00000 0cp 0, N 0 14�a+_J. Kaly erl 00 0 City Secreta 00 00 0000 1C)o City of Fort Worth,Texas OFFICIAL RECORD, Standard Agreement for Proses icreel ser vice s PMO Official Release Date:1/28/201 3 CITY SECRETARY' Page 8 of 8 FT. WORTH,,TX Attach en,t GOODWINZ < C iL ENGINEIERS ER SURVEYORS .-MARSHALLZ May 9,2013 i .Joel McElhany Senior Landscape architect Parks and Community Services Department City of Fort Worth 100,01 Throckmorton Street Fort Worth, 76102 Proposal,for Professional Services Needs en canon and Schematic Design Related Forest Park,Located in the i Ford Worth,Texas Dear r. McElhany. We at Goodwin ana Marshall'. Inc. (G&,M), sincerer""appreciate opportunity provide you,With professional Iservices o the above referenced project. s time, been request ed to rovi ��� e t b is se ices d arc pI y fee u , a sch e f r des d completion of overall park needs, assessment or Forest Park, preliminary desi neral Forest, Parkimprovements,and a preliminary engineer s l i -on of probable cost for said'improvements for the following focus areas: Park Place Dive, specifically roadway, sidewalk, and fence relocation-, Colo ' l Parkway roadway and, pedestrian is circulation and I*nfrastructure improvements, Cabin Village sanitary sewer i rove specific Forest Park lot improvements,and the WPA-e,m stairs at er Biluff, as shown on Exhibit "A" attached. A separate contract for the preparation, of construction documents V*q*ll be negotiated conclusion off"the schematic design phase. Based on our understanding, the following represents the scope ofbasic services that we have eves successfully uccessfu y c ie e the current phase of the analysis.0 SCOPE I SERVICES Locative Nu will prepare a locative survey for the various Geis that make up the overall � � � � �� � � � �� r� der����dry supervision of a Registered Professional Land Surveyor Licensed to practice in the State of Texas and will e used to compute the various site improvements. 2. o c I u e I prepare a field topographic e for a portion rest Park study areas ire order to, p rly evaluate some es e areas. The topographic survey shall be sufficient to generate a one foot(F)contour interval topographic p The survey will locate all visible and known utilities,pavement features, storm drain tellies,etc. 3# Assessment of ent Conditi ill assess the current conditions of park amenities within crest The assessment Will specifically include the following focus areas,.- 2405 MUSTANG DRIVE GRAPEVINE,TX 760 7-1329-4373 817-329-44S3 (FAx) 6909 WRAY RoAD,#15 CHANDLER,,AZ,85226 2 7285 480.344-34166 AX) Mr.Joel McElhaney, City of Fort Worth Forest Park May A 2013 Page 2 of 3 a. Park Place Drive 0 Survey to determine location of the new Zoo fence line and existing back of curb along the west side of Park Place DV . C 1 rdinad 0 *th PACSD to deteine the setback of the proposes fence oo n wi rm location from the existing curb. Preparation of a schematic design identifying the replacement of the west side curb as necessary for a final roadway width of2 -Meet with a sidewalk adjacent to the curb. b. Colonial Parkway Review the 2004 TCB Zoo Traffic Plan for a summary of recommendations. A copy of the traffic plan Will be provided by PACSD. inc replacement *11 be required in order Assess the existing,bridge to determine 1 will I I to provide a full width roadway of 24-feet, face of curb to face of curb. Prepare a schematic design of a new pedestrian walk along the south side of the 0 bridge,either rote grated with the existing bridge or via separate eight(8),foot pedestrian bridge installed adjacent to the roadway bridge on the south side. Determine,the preferred location for a pedestrian crosswalk. C. Log Cabin Village Prepare a schematic layout of a proposed sanitary service line extension to, serve Log Cabin Village. Prepare an engineer's,opinion ofprobable cost to extend sanitary sewer service to Lo I I septic,g Cabin V*lIage in order to replace the existing septic system facilities. ies,. do, Parking Lots Prepare a survey,an assessment of current conditions,and a schematic design for the reconstruction of the Forest Park parking lots identified on Exhibit"A"" attached hereto. e A-Era Steps at Upper Bluff Prepare a survey,an assessment of current conditions,and a schematic design for the reconstruction of the steps that coinnect the upper bluffto the swm" uning pool area. '11 A A. 4, Public Meetings-G&M will attend one public meeting for the presentation0i'Me Assessment of Conditions described above - G&M will provide presentation materials and technical support for PACSD staff during these meetings. 5. Schematic Design Plans - G&M will prepare schematic design, plans, including layout and grading 'information, as directed by PACSD staff for those improvements discussed with PACSD staff and during the public meetings. The schematic design plans Will be accompanied by an engineer's opinion of probable cost for each of the proposed improvements. a chment B Mr. Joel AkElhane , City of Fort Worth y Forest Park Afqv 9, 201'3 Page 3 of 3 COMPENSATION 1. Locative �urvey - G&M will perform these services for a lump sum fee of$8,300 payable upon completion. 2. Topographic Survey -G&M will perform these services for a lump sum -fee of$4,800 payable upon completion. 1-5, G&M will perform these services for a lump sum fee of$16,500 payable monthly based on an estimated percentage of completion. TOTAL FEE: $29,600.00 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. Please review the terms of this proposal 1, 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. Ifyou have any questions regarding this proposal, please feel free to call. Sincerel'y lf Goothvin and Marshall, - n Edward W. Eck art, P.E. Officer ATTAC H M E N'T C AMENDMENTS TO STANDARD AGREEMENT FOR PROFESSIONAL, SERVICES 1 M rUcle VII, (2) Addiffioral Insurance Requi"rements shaill be amended as follows. a. Except for employer's liability insurance coverage under Consultant's worker 11 S compensation insurance pe4cy and rolfessional liabilitv insurance polici s,, the City, its officers, employees and servants shall be endorsed as are additiona,l insured on Consul tant)i S insurance policies.