Loading...
HomeMy WebLinkAboutContract 63035CITY OF FORT WORTH, TEXAS CSC No. 63035 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 Four Park Sites — Project No. 106060. 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 $44,550.00 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 OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 CITY SECRETARY Four Park Sites Page 1 of 15 FT. WORTH, TX Project Number 106060 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. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 2 of 15 Project Number 106060 (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. E. 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. F. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 3 of 15 Project Number 106060 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. G. 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. H. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 4 of 15 Project Number 106060 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. J. 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 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 5 of 15 Project Number 106060 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 effect as of the time copying is performed. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 6 of 15 Project Number 106060 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. Q. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 7 of 15 Project Number 106060 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 8 of 15 Project Number 106060 (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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 9 of 15 Project Number 106060 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. 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, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 10 of 15 Project Number 106060 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 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 11 of 15 Project Number 106060 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. 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" City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 12 of 15 Project Number 106060 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 ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 13 of 15 Project Number 106060 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 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 bola �GI�ah, %4( Dana Burghdoff (Apr 1, 025 10:62 CDT) Dana Burghdoff Assistant City Manager Date: Ap r 1, 2025 ATTEST: Jannette Goodall City Secretary BY: ENGINEER Yaggi Engineering, Inc. Eizabeth A. Yho President q9 gnu poi poRr ono o,o °��a,°o Date: March 14, 2025 �a pro o=o aka TEXA`� d �� dbnaoo4 a APPROVAL RECOMMENDED: ByA f , 15� TY Dave Lewis Director, Park & Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVED AS TO FORM AND LEGALITY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 14 of 15 Project Number 106060 Qcfbo—v Bybouglas Black (Mar 27, 2025 11:14 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: N/A M&C Date: N/A By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Fo a� m" j Carlos M. Gonzalez Park Planner City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Security Lighting Improvements at Revised Date: 12-08-2023 Four Park Sites Page 15 of 15 Project Number 106060 Attachment A — Scope of Services YAGGI ENGINEERING, INC. ELIZABETH A. YAGGI, P.E. R. TIM YAGGI, P.E. March 14, 2025 Mr. Carlos Gonzalez Parks and Community Services Department City of Fort Worth 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 Re: Security Lighting at Four (4) Park Sites City of Fort Worth, Texas City of Fort Worth Project No. 106060 YE Project No. 2520.00 Dear Carlos: 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. Professional services performed shall be predicated on a proposed construction budget of $495,000.00 for four park sites. This amount is exclusive of professional service fees as well as construction inspection, material testing and administration fees, that will be administered by PARD. SCOPE OF SERVICES (4 Parks) Consultant is to provide professional services for security lighting improvements to include preparation of construction documents for the following four park sites: 1) Pending on the city prioritization matrix guideline, consultant is to design security lighting for the following four park sites: Deer Meadow Park (One Light Pole), McPherson Park (Two Light Poles), Prairie Dog Park (Up to Eight Light Poles) & Eastwood Park (One Light Pole). 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 established power source. If the park site does not have an established power source, coordinate with city staff and power company to determine the new meter location and panel. 5840 W. 1-20, Suite 270 Phone 817-483-2373 Arlington, TX 76017 www.yaggiengineering.com Mr. Carlos Gonzalez March 14, 2025 Page 2 4) Consultant shall determine which city's standard light poles should be used, pending on the site location, power source and budget. 5) All City's security lighting fixtures are required to be installed on steel poles with the exception of the decorative light pole 6) Consultant shall provide structural design for footings for all light poles. 7) The city will provide standard specifications for the construction portion. However, the consultant must provide specifications for each of the requested standards. 8) All pull covers are required to be buried beneath a concrete cover. If a better system is available please provide suggestions. 9) All or most of the wiring is required to be designed and installed with aluminum wire. 10) All aluminum wire poles will require to have a sign that says "aluminum wiring". 11) 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 Decorative 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. Mr. Carlos Gonzalez March 14, 2025 Page 3 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. 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 Bonfire web site for construction advertisement purposes. All advertisement and construction correspondence should be completed digitally through the Trimble Unity Construct system. (i.e., Amendments issued, plan clarifications, submittal approvals, etc.) BIDDING PROCESS A) Attend one (1) Pre -Bid Meeting. B) If required, 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. Mr. Carlos Gonzalez March 14, 2025 Page 4 General items for consideration: 1. Consultant shall adhere to the Consultant Agreement Preparation Checklist. 2. Provide schedule based on an anticipated Late -March 2025 issuance of a Notice to Proceed. 3. Consultant will be responsible for preparing TDLR paperwork and provide appropriate fees for review and inspection by TDLR (if required). 4. Consultant will be responsible for determining all necessary permits including but not limited to a Storm Water Pollution Prevention Plan (SWPPP), Floodplain, electrical, etc., and executing requirements for obtaining permits (if required). 5. Consultant should budget construction administration based upon the duration and complexity of the project. 6. Topographic survey information to be completed by your firm (if required). 7. A copy of the City of Fort Worth Standard Engineering Services Agreement is available for engineer review only. Do not fill this out. 8. All plans shall include layout at a scale suitable for a 22"x 34" sheet format or 8.5" x 11" sheet format (if required). 9. Consultant shall be responsible for preparation of as -built base drawings as part of the scope of services to be utilized by the general contractor. 10. Final construction documents for security lighting at four (4) Park Sites shall be completed and submitted, in electronic format (CAD & PDF) and uploaded in the project Trinity Unity Construct folder no later than Early July 2025. City department will make available for your use any existing site plans and studies that may assist you in site assessment / design for this project. SERVICES NOT INCLUDED A) Multiple construction document packages (fee based on single package) B) Utilities and improvements beyond the property line C) Construction materials testing services (Review of testing results included in Basic Services) D) Services made necessary by the default of the contractor E) Preparing to serve or serving as an expert witness at the request of the Owner F) Constructability services G) Commissioning services H) Providing any other services not otherwise customarily furnished in accordance with generally accepted A/E practice 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. Mr. Carlos Gonzalez March 14, 2025 Page 5 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 Structural Engineering of Pole Footings $ 2,000.00 Coordination and Design Management $ 1,000.00 Schematic Design (30%) $ 10,725.00 Design Development (60%) $ 11,450.00 Construction Documents $ 13,575.00 Bidding Process $ 600.00 Construction Phase $ 5,000.00 Sub Mark-up $ 200.00 TOTAL LUMP SUM FEE $ 44,550.00 Attachment C — NOT IN USE Attachment D — Notice to Proceed Site Investigation Schematic Design Complete Design Development Complete Construction Documents Complete Project Schedule Mid March 2025 April 1, 2025 (2 weeks) April 30, 2025 (4 weeks) May 31, 2025 (4 weeks) Early July 2025 (6 weeks) Attachment E — Location Maps SEE ATTACHED aw 7 "M IN BROWNFORD E .�+�■ems II DeFA'LLOW DEER DR. H Lai C9 DOE MEA'D0.WcD%r DOE MEADOW DR ii � a I m O O OL ' IL c� - A O s. Esri Community Maps Con$ i t •r�z, Baylor University, City of Fort Worth, wM x Texas Parks & Wildlife; OpenStreetMap, Microsoft, CONANP, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, i it ^' EPA, NPS, US Census Bureau, USDA, USFW( N Deer Meadow Park 11600 S. OAK GROVE RD FORT WORTH, TX., 76028 0 50 100 200 Feet COUNCIL DISTRICT No. 6 ' ' ' ' ' ' ' ' " Esri Community Maps Contributors, Baylor`' niversity, City of Fort Worth, Texas Parks & Wildlrfp, ©QpenSt�etfvlap, Microsoft, CONANP, Esri, RTomToirh,iGarmin, SafeG�rgaph?�le7o�Terahro©IlOgies, Inc, MET/NASA, USES, ` EPA, NPS, US Census Bureau, USDA, USFWS McPherson Park 1229 McPHERSON RD FORT WORTH, TX., 76140 COUNCIL DISTRICT No. 8 )k 0 50 100 200 Feet I I I I I I I I < - - E KELLIS.ST A D i#PEC05 5T Z r? A !r fi I ,r. y .f rr l •j i �• tiles' x r p H i 4 .. r rf y ' f o �v r �, v ° ,:. 4 ,r •, Rrati•�e 0oq , gyp. w .. IV) oc .: ,�' i�.p.y Y•i'+N Rom,* .w .aD. '' / S' .. l,7.w,. ' Z +• f ,. ��•' r.x[ 1�+ �` FMB`_ .411 IW Z u -7' N •' L 1� Q toi ' J E',(_O trtibutors, Baylor Uni"] h ty '.f h,T�m,IParksp Wildlife;, " ?� i OT>JA rrpiu, Ij;m4, SafeGva h',; nol M 4EPA` 6 Census Sure Prairie Dog Park N 5060 PARKER HENDERSON RD FORT WORTH, TX., 76119 0 75 150 300 Feet COUNCIL DISTRICT No. 4 111111111 u. a A Xe. 'P,ORTMAN AVE PORTMAN AVE "� 'ram � Qt,� � ` 'v , �• � m A � � L }. tr � fir•• � Ali -41 -`tea' ^ ,, : f`,i+�i,�, `�=•`�� .�� t X,�,+� ' � � � "• � .fir' � ` F' � ? i t r '• r`� ,� �� �,. ,.� \r "fie � � 't �: t tr Wt, r r • ir_Li� � • �� � ,y��f � +t e , A. AL Tk � a Es",^"ommunity Maps Contributors, Baylor University, Tarrant County r• • ; College, City of Arlington, TX, City of Fart W.rth, Texas Parks & Wildlife, OpenStreetMap, Microsoft, Esri, TonnTom, Garmin, SafeGraph, •"+` t� .� _ �� GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Eastbrook N 2728 ESCALANTE AVE )k FORT WORTH, TX., 76112 0 25 50 100 Feet COUNCIL DISTRICT No. 5 111111111 Attachment F — Insurance Requirements SEE ATTACHED