Loading...
HomeMy WebLinkAboutContract 59858CITY OF FORT WORTH, TEXAS CSC No. 59858 STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Yaggi Engineering, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Security Lighting Improvements at Twenty -One Park Sites — Project No. 104773, 104774. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $95,000.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 1 of 15 Security Lighting Improvements at Twenty -One Park Sites 10473, 104774 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 8 of 15 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. 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. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH C>5�a_� Jesica McEachern Assistant City Manager Date: J u 127, 2023 ,4 FOH&I ATTEST: �� a°moo a9�o JpQ Jannette Goodall City Secretary APPROVAL RECOMMENDED: By Dave Lewis Acting Director, Park & Recreation Department BY: ENGINEER Yaggi Engineering, Inc. Eliz beth A. fRgi (Jul 13, 2023 23:10 CDT) Elizabeth A. Yaggi President Date: J U l 13) 2023 Rp _f7 APPROVED AS TO FORM AND LEGALITY Form 1295 No. In Jeremy Anato-Mensah Assistant City Attorney I City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 M&C No.: N/A M&C Date N/A N/A Security Lighting Improvements at Twenty -One Park Sites 10473, 104774 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Carlos M. Gonzalez Park Planner City of Fort Worth, Texas Security Lighting Improvements at Twenty -One Park Sites Standard Agreement for Engineering Related Design Services 10473, 104774 Revised Date: November 23, 2021 Page 15 of 15 Attachment A — Scope of Service YA GGI ENGINEERING, INC. July 5, 2023 Mr. Carlos Gonzalez Parks and Community Services Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 Re Dear Carlos: ELIZABETH A. YAGGI, P.E. R. TIM YAGGI, P.E. Security Lighting at 21 Park Sites (REV2) City of Fort Worth, Texas We sincerely appreciate the opportunity to submit this proposal to provide electrical and structural engineering services for the referenced project. Structural engineering services will be sub -contracted to Jakan Engineering. Our proposed lump sum fee and scope of services are outlined below. ITEMIZED FEE SUMMARY: Update City Standards $ 6,000 Investigate Improved Security Light $ 3,000 Coordination and Design Management $ 5,000 Schematic Design (30%) $ 20,000 Design Development (60%) $ 22,000 Construction Documents $ 30,000 Bidding Process $ 800 Construction Phase $ 8,000 Sub Mark-up $ 200 Total Lump Sum Fee $ 95,000 SCOPE OF SERVICES (21 Parks) Security lighting improvements for the following park sites with proposed construction budget of $529,000.00: A. Limited to One Pole/Fixture per Site (19 Parks): 1. Fort Woof Dog Park 2. Kristi Jean Burbach Park 3. Springdale Park 4. Summerbrook Park 5. Summerfields Park 5840 W. 1-20, Suite 270 Arlington, TX 76017 www.yaggiengineering.com 6. Englewood Park 7. Creekside Park 8. Krauss Baker Park 9. Little People Park 10. Westcreek Park Phone 817-483-2373 Fax 817-483-4233 Mr. Carlos Gonzalez July 5, 2023 Page 2 11. Meadowood Park 12. Oakland Lake Park 13. Tadlock Park 14. South Meadows Park 15. Sundance Springs Park 16. Willowcreek Park 17. Glenwood Park 18. Louella Bales Baker Park 19. Fairmount Park B. Two Light Poles/Fixtures per Site, but at different locations in the Park (2 Parks): 1. Lasater Park 2. CP Hadley Park 1) Pending on the city prioritization matrix guideline, consultant is to design security lighting for the twenty-one park sites. 2) Pending the proximity and accessibility of utilities and funding, some sites may require solar power lighting. 3) Determine if the park site has an establish power source. If the park site does not have an establish power source, coordinate with city staff and power company to determine the new meter location and panel. 4) Consultant shall review and update City standard 30' LED Security Light Pole. Light fixture should be Gardco Slenderform No. PPT-140L-2100-NW-G2-T2-5-240-DD- FINISH light fixture with a Non -Tapered Round Steel Pole No. RTSP30-5.0-7-(F)-2-BC. 5) Consultant shall review and update City standard for Solar Security Lighting. Light fixture should be Kim Lighting - Altitude LED Light No. 1 SA-ALT60-MPPT21 -ST5. With a Solar Panel No. SEPA300-QM, and four Deka Batteries that total 448-amp hour. The Steel Pole No. DS210-800A280-D1. 6) Consultant shall review and update City standard Pedestrian 15' LED Security Light Pole. Light fixture should be Gardco Slenderform No. SFP-T2-5-120LA-NW-240-LF- SPR light fixture with a Non -Tapered Round Steel Pole No. RSP-15-5.0-7-(F)-2-13C. 7) Consultant shall review and update City standard Decorative Pedestrian 15' LED Security Light Pole. Light fixture should be the American Electric/Holophane GVD Retro Classic Series No. GVD-40-3K-AS-MB5N with LMD-R5-PN-BBD-OPT-U-LESS-FINIAL- RFD153748 light fixture and a Columbia Aluminum Pole No. CLA14(OAL) FTJ20PO7BK-MOD, AB-31- 4 RFD110737. 8) Consultant shall also search for an improved solar power security light pole that may include wind power and can be converted from Solar to Grid power. Also, the consultant shall search for an LED security lighting fixture (Solar or Grid power) for our standard (Polygon) shelters to standardize the city's security lighting system. 9) All City's security lighting fixtures are required to be install on steel poles with the exception of the decorative light pole. 10) Consultant shall provide design footings for all light pole's details. 11) The city will provide standard specifications for the construction portion. However, the consultant must provide specification for each of the requested standards. 12) All pull covers are required to be buried beneath a concrete cover. If a better system is available please provide suggestions. Mr. Carlos Gonzalez July 5, 2023 Page 3 13) All or most of the wiring is required to be designed and installed with aluminum wire. 14) All aluminum wire poles will require to have a sign that says "aluminum wiring". 15) Consultant to use 22" x 34" sheet size (one fixture per sheet) for all of the City's security lighting standard poles. • 30' Typical LED Security Lighting • 25-30' LED Solar Security Lighting • 12'-15' LED Security Lighting • 12'-15' LED Decorating Lighting COORDINATION AND DESIGN MANAGEMENT A) Attend one (1) meeting with City representative to present schematic/concept plan and final detail documents. B) Perform comprehensive site analysis. C) All layout plans to be done using photo aerial maps as background information and in scale. D) Perform initial due diligence to determine utility services and City / Federal requirement needs (Ordinances, Codes, Building Permits, City Floodplain Permits, iSWIM - integrated storm water management plan, US Corps of Engineer permits, etc.). E) Communicate regularly with the City as needed. F) Attend meetings with City representatives to review the Schematic Design, Design Development, and the Construction Documents or 30%, 60% and 95% design review meetings. EXISTING CONDITIONS AND TOPOGRAPHIC SURVEY A) The Engineer will provide available aerial maps. Physical features, single trees greater than four inches (4") in diameter in the vicinity of planned improvements. The Consultant to use AutoCAD file format to prepare an existing condition and demolition/'removal plan for the proposed development if required. SCHEMATIC DESIGN (30%) A) Preparation of schematic plans, sections, and preliminary specifications for planned improvements. B) Provide an opinion of probable construction cost for security lighting improvements and answer questions regarding cost data. C) Meet with City representative and electrical company to establish location of electrical power at all proposed sites if required. D) Meet with City representative and stakeholder's to present the schematic design and to obtain schematic design comments. E) Finalize the schematic design package to reflect changes and comments determined by consensus at a meeting with City representatives. DESIGN DEVELOPMENT (60%) A) Preparation of design development plans and specifications for security lighting improvements. B) Provide an opinion of probable cost based upon the design development plans. Mr. Carlos Gonzalez July 5, 2023 Page 4 C) Design development plans and specifications should consider completed survey, site utilities and structural design. D) Meet with City representatives to present the 60% design development design and to obtain design development comments. E) Finalize the 60% design development package to reflect changes and comments determined by consensus at a meeting with City representatives. CONSTRUCTION DOCUMENTS A) Preparation of final construction plans and specifications for the security lighting improvements and propose design standard sheets for security lighting. B) Provide an opinion of probable cost based upon the 100% construction documents. C) Provide final specifications and details on lighting improvements. D) Meet with City representatives to present the 90% construction documents. E) Finalize the 100% construction documents to reflect changes and comments determined by consensus at a meeting with City representatives and submit for TAS/ADA compliance review and inspection if required. F) Submit 100% as -built construction documents to the City. G) Submit electronic copy of complete construction document sheet files to the City in Auto CAD 2015 format and PDF's. H) Upon final City approval of plan documents, consultant shall be responsible for posting plans and specs to City's BIM260 web site for construction advertisement purposes. All advertisement and construction correspondence should be completed digitally through the Buzzsaw system. (i.e., Amendments issued, plan clarifications, submittal approvals, etc.) BIDDING PROCESS A) Attend one (1) Pre -Bid Meeting. B) If require, provide Addendums during the bid process. C) Review contractor qualifications and provide review comments. CONSTRUCTION PHASE A) Attend one (1) Pre -Construction meeting. B) Review submittals of equipment/material used. C) Site Observation visits to assess work progress - 2 per site, one at 40% and one at 70% completion. Notification shall be provided by the City. D) Attend Final Inspection and assist in development of punch list items. SERVICES NOT INCLUDED A) Multiple construction document packages (fee based on single package) B) *TDLR paperwork and fees, TAS/ADA compliance review, and inspection City will submit drawings for any required plan reviews. C) *SWPPP D) *Topographic survey or topographic layout on plans E) Development of as -built base drawings to be utilized by general contractor F) Utilities and improvements beyond the property line Mr. Carlos Gonzalez July 5, 2023 Page 5 G) Construction materials testing services (Review of testing results included in Basic Services) H) Services made necessary by the default of the contractor 1) Preparing to serve or serving as an expert witness at the request of the Owner J) Constructability services K) Commissioning services L) Providing any other services not otherwise customarily furnished in accordance with generally accepted A/E practice Note: (*) items above can be provided if required and would be considered additional services. These items may require the use of additional sub -consultants. HOURLY RATES FOR ADDITIONAL SERVICES: Engineer - Senior Engineer Designer CADD Technician Clerical PRELIMINARY SCHEDULE (PROPOSED) Notice to Proceed Site Investigation Schematic Design Complete Design Development Complete Construction Documents Complete $ 170/hr $ 150/hr $ 110/hr $ 90/hr $ 70/hr Mid July 2023 July 2023 Mid August 2023 August 2023 Mid September 2023 Electrical engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. The total aggregate liability arising from professional acts, error or omission shall be limited to the fee for the services rendered on this project. Please call if you have any questions or if you need additional information. Sincerely, YAGGI ENGINEERING, INC. r Elizabe A. Yaggi, P.E. EAY/sr Attachment B — Compensation Upstate City Standards $ 6,000.00 Investigate Improved Security Lighting $ 3,000.00 Coordination and Design Management $ 5,000.00 Schematic Design (30%) $ 20,000.00 Design Development (60%) $ 22,000.00 Construction Documents $ 30,000.00 Bidding Process $ 800.00 Construction Phase $ 8,000.00 Sub Mark-up $ 200.00 TOTAL LUMP SUM FEE $ 95,000.00 Attachment C — NOT USED Attachment D — Notice to Proceed Site Investigation Schematic Design Complete Design Development Complete Construction Documents Complete Project Schedule Mid July 2023 July 2023 Mid August 2023 August 2023 Mid September 2023 Attachment E — Location Maps SEE ATTACHED "Mk Xm M& PRAIRIE DAWN BUFFALO CREEK CACTUS PAT CT- H AL lit "Z i - IL M 4 g Vie. FORT WOOF 751 BEACH ST FORT WORTH, TX. 76111 7' GAT DOG PARK - CD 4 . N W E s 1-1 14 .1 77� -Ae I AV AL KRISTI JEAN BURBACH PARK - CD 4 3529 FOSSIL PARK DR FORT WORTH, TX. 76137 WE s :motAF �_ ` �: s�+• 4 ���'•... w -Iva= RS�+T r ` - 4 00 SUMMERBROOK PARK - CD 4 N 4315 HUCKLEBERRY DR W E FORT WORTH, TX. 76137 s Alf W4, 64191- 0 .:�. w z 0 x 0 LLJ 7500 U) O C\j r, 0 (.0 LL . a S it f ryt JV V, . is i f • a 743, r ,a i t � �i .. J • i� •Tat � . �:. � •. • 1 �� r ' �•y,��py .'fit' ` �avr �: � �. ,�4 7., ti'�i. '►1�,- {•!"fir � !1 AML CREEKSIDE PARK CD 6 3100 RODDY DR FORT WORTH, TX. 76123 PARK LAKE OFF 41 ell KRAUSS BAKER PARK - CD 6 3517 PARK LAKE DR. FORT WORTH, TX. 76133 N W E s itT Ll 3431 WALTON AVE FORT WORTH, TX. 76133 TTLE PEOPLE PARK • �}' if.. +� a -. ' . �y God 1 e - L It j k:. i.Awl�� T OQD S 777yl • LUit. Ilk know IL '� f - � � � � 1• � !� fix.. I'f r� .�. � • �' � � s . t , ' a ,.�i � yam,, OAKLAND LAKE PARK - CD 8 N 1645 LAKE SHORE DR W E FORT WORTH, TX. 76103 s � � . •�'_ ;...ice ._ ��. i �:. r, C EE i I r KELTO It SOUTH MEADOWS PARK 2300 KELTON ST FORT WORTH, TX. 76133 N W E s Z7 � C �nZ oz X rn-77 cn .: r IAWKWW � nl �• • p AAA Gd,EMEADOW Attachment F — Insurance Requirements SEE ATTACHED Attachment F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). 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 Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Rev. 5.04.21 Page 1 of 3 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its exe cution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its 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 City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. 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 this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21