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HomeMy WebLinkAboutContract 48433-A6CSC No. 48433-A6 AMENDMENT No . 6 TO CITY SECRETARY CONTRACT No. 48433 WHEREAS, the City of Fort Worth (CITY) and Dunaway Associates L.P, (ENGINEER) made and entered into City Secretary Contract No. 48433, (the CONTRACT) which was authorized City Council (M&C C-27993) on November 15, 2016 in the amount of $319,845.00; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 1 in the amount of $99,598.00, which was administratively authorized on February 1, 2018; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 2 in the amount of $99,825.00, which was authorized by City Council (M&C C- 29112) on May 7, 2019; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 3 in the amount of $18,000.00, which was administratively authorized on October 25, 2021; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 4 in the amount of $8,000.00, which was administratively authorized on December 15, 2022; and WHEREAS, the CONTRACT was subsequently revised by: Amendment Number 5 in the amount of $31,700.00, which was administratively authorized on August 8, 2024; and WHEREAS, the CONTRACT involves engineering services for the following project: FOREST PARK - ZOO DRAINAGE IMPROVEMENTS, CPN: CO2447; and WHEREAS, it has become necessary to execute Amendment No. 6 to the CONTRACT to include an increased scope of work and revised fee. NOW THEREFORE, CITY and ENGINEER, acting herein by and through their duly authorized representatives, enter into the following agreement, which amends the CONTRACT: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Forest Park - Zoo Creek Drainage Improvements Prof Services Agreement Amendment Template City Secretary Contract CO2447 Revision Date: 12/08/2023 Page 1 of 4 RE Article I of the CONTRACT is amended to include the additional engineering services specified in proposal attached hereto and incorporated herein. The cost to City for the additional design services to be performed by Engineer totals $8,000.00. (See Attached Funding Breakdown Sheet, Page -4-) 2. Article II of the CONTRACT is amended to provide for an increase in the fee to be paid to Engineer for all work and services performed under the Contract, as amended, so that the total fee paid by the City for all work and services shall be an amount of $584,968.00. 3. All other provisions of the Contract, which are not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fort Worth Dana Burghdoff (JuV17, 202ef2:49 CDT) Dana Burghdoff Assistant City Manager DATE: 06/17/2025 oavoop A4 FAR T�nQ ATTEST: q °w0 0do a Fo o-+o °ova�=d C /� oP°* 5t,°gip C� Pd4 l! Il�bU6044 Jannette Goodall City Secretary City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 2 of 4 ENGINEER Dunaway Associates-L.P. Jeffrey S. Regional N or r/Principal DATE: 6/10/2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Forest Park - Zoo Creek Drainage Improvements City Secretary Contract CO2447 APPR OVAL RECOMMENDED: fe., SP Jo MC2r Elhany Dave Lewis Director, Park & Recreation Department 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 requirements. Jing Yang Landscape Architect Manager APPROVED AS TO FORM AND LEGALITY: ac&W—V Douglas Black (Jun 17, 202511:09 CDT) Douglas W. Black Sr. Assistant City Attorney City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 3 of 4 M&C No. # : N/A M&C Date: N/A Forest Park - Zoo Creek Drainage Improvements City Secretary Contract CO2447 FUNDING BREAKDOWN SHEET City Secretary No.48433 Fund Dept ID Account 33002 0800450 533500 Total: City of Fort Worth, Texas Prof Services Agreement Amendment Template Revision Date: 12/08/2023 Page 4 of 4 Amendment No. 6 Project CF1- ID Activity 103833 CAPEXP CF2 - Bond Amount Reference $8,000.00 Forest Park - Zoo Creek Drainage Improvements City Secretary Contract CO2447 DUNAWAY To: Ms. Helen Florez City of Fort Worth Park & Recreation Dept. 4200 South Fwy., Ste. 2200 Fort Worth, Texas 76115 he len.fIorez@fortworthtexas. gov From: Steve Glosup, RPLS Senior Discipline Lead Associate Dunaway Location 550 Bailey Avenue Suite 400 Fort Worth, TX 76107 Survey Firm #10098100 Dunaway No. P008943.001 August 20, 2024 Reference: Proposal for Professional Land Surveying Services Fort Worth - Forest Park, Fort Worth, Texas Ms. Florez: Dunaway Associates, LLC (Dunaway) is pleased to submit for your consideration this proposal for professional land surveying services on the above -referenced project. Based on recent correspondence, we believe the following scope of professional services will address the needs of City of Fort Worth - Park & Recreation Department (Client) for this project. Executive Fee Summary 1. Final Plat.........................................................................$8,000 Lump Sum Total: Lump Sum Services $8,000.00 FEE Dunaway proposes to provide the scope of work described below for a fee as shown above, plus a 2% administrative fee, direct expenses, and any applicable State Sales Tax. All administrative and application fees required by review authorities will be paid by the Client and are not included in Dunaway's proposed fee. Please find attached to this proposal our Standard Terms & Conditions for professional services, which is also a part of this proposal. dunaway.com DUNAWAY Proposal for Professional Services Fort Worth - Forest Park, Fort Worth, Texas Page 2 DETAILED SCOPE OF WORK Final Plat - Dunaway will prepare a Plat in accordance with City of Fort Worth requirements. This plat will be based upon a Boundary Survey completed by Dunaway and will be signed and sealed by a Registered Professional Land Surveyor licensed in the State of Texas and will be submitted for approval by the City of Fort Worth and subsequently to the County Clerk's office for recording. Dunaway will set final lot pins in accordance with controlling authority's City of Fort Worth criteria. As owner of the property, Client hereby authorizes Dunaway to enter upon the property for the purposes of conducting Dunaway's work thereon. If Client is not the owner of the property, Client is to obtain such authorization from owner and provide same in writing to Dunaway at the same instance that Dunaway receives the written notice to proceed. Only those services specifically mentioned in the Scope of Work section are offered as a part of this proposal. ADDITIONAL SERVICES The following is a partial list of services that are not anticipated to be required for your project and are not proposed to be provided by Dunaway. Some of these services can be provided if they are desired or if it is later determined that they are necessary. In general, additional services will be authorized either by a contract amendment or a separate proposal. 1. Construction Staking - This service can be provided, if requested, and will be authorized under a separate proposal or included in this one at your option. 2. Surveying services such as boundary surveys, as -built surveys, and easements by separate instrument are not included unless included in SCOPE OF WORK. dunaway.com DUNAWAY Proposal for Professional Services Fort Worth - Forest Park, Fort Worth, Texas Page 3 If this proposal meets with your approval, please sign below, and return one copy to our office as our notice to proceed. We appreciate the opportunity to assist you with this Project and look forward to its success. Respectfully submitted, DUNAWAY ASSOCIATES, LLC, a Texas limited liability company Stephen R. Glosup, RPLS Senior Discipline Lead I Associate Attachments: Standard Terms & Conditions SRG/eed Aareed & Accepted CITY OF FORT WORTH - PARK & RECREATION DEPARTMENT By: Name: Title: Date: P:\008900\8943\001\Project Management\Proposal\P008943.001-Fort Worth -Forest Park-COFW-Helen Florez-Proposal-2024-0820.docx dunaway.com DUNAWAY STANDARD TERMS &CONDITIONS Page 1 of 3 These Standard Terms & Conditions are attached to and fully incorporated into the Base Contract. The Base Contract, together with these Standard Terms and Conditions, is sometimes called this "Agreement" herein. Basis of Compensation. Professional Services shall be billed monthly and based upon either a percent complete for lump sum tasks or Dunaway Associates, LLC's Standard Hourly Bill Rate Schedule. This Schedule is updated annually in January. 2024 STANDARD HOURLY BILL RATE SCHEDULE STAFF TYPE HOURLY BILL RATE Administrative .......................................... $95.00 - $160.00 Information Systems ................................ $110.00 - $121.00 Marketing/Business Development ........ $95.00 - $275.00 Financial ................................................... $128.00 - $286.00 Civil Technician ........................................ $118.00 - $139.00 Civil Designer ............................................ $65.00 - $154.00 Graduate Engineer.................................$140.00- $161.00 Project Engineer......................................$157.00- $217.00 Managing Engineer................................$175.00- $193.00 Technical Engineer .................................. $227.00 - $303.00 Project Surveyor ....................................... $169.00 - $198.00 Survey Party Chief...................................$140.00- $187.00 Survey Technician ................................... $95.00 - $146.00 Survey Field Assistant ............................... $75.00 - $91.00 GIS.............................................................$108.00- $171.00 Planner ...................................................... $115.00 - $243.00 Planning Analyst......................................$116.00- $142.00 Landscape Designer...............................$119.00- $145.00 Landscape Architect .............................. $121.00 - $250.00 Environmental Scientist ........................... $116.00 - $176.00 Intern......................................................... $75.00 - $83.00 Construction Inspector...........................$132.00- $150.00 Discipline Lead ......................................... $159.00 - $270.00 Engagement Manager .......................... $240.00 - $341.00 Line of Business Manager/Executive .... $245.00 - $341.00 Regional Manager/Executive ............... $310.00 - $341.00 Managing Partner ................................... $400.00 - $440.00 Chairman/President................................ $475.00 - $550.00 II. Limitation of Liability. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability in the aggregate of Dunaway Associates, LLC and Dunaway Associates, LLC's officers, directors, partners, employees, agents and Dunaway Associates, LLC's Subconsultants, and any of them, to Client and anyone claiming by, through or under Client, for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or this Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of Dunaway Associates, LLC or Dunaway Associates, LLC's officers, directors, partners, employees, agents or Dunaway Associates, LLC's Subconsultants or any of them, shall not exceed the total compensation received by Dunaway Associates, LLC under this Agreement. III. Standard of Care. The Dunaway Associates, LLC shall perform the Services for which the Consultant is expressly hired under the Task Order with the professional skill and care ordinarily provided by competent professional services practicing in the same or similar locality and under the same or similar circumstances and professional license. Dunaway Associates, LLC makes no warranty, express or implied, as to its professional services rendered under this agreement. IV. No Consequential Damages. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or Dunaway Associates, LLC, their employees, agents, or subconsultants. Consequential damages include, but are not limited to, loss of use and loss of profit. V. Dunaway as Subconsultant Under Prime Contract. In the event, Dunaway Associates, LLC is serving as a subconsultant to Client, and the Client is contracted under a "Prime Contract" to another third party or contemplates being contracted through a Prime Contract to a third party; Dunaway Associates, LLC must have ability to review and request edits if applicable to the Prime Contract in advance of the execution of the Prime Contract. Client agrees to coordinate with Dunaway Associates, LLC regarding proposed revisions to the Prime Contract and to endeavor to obtain all reasonable revisions necessary to the Prime Contract. In the event, Client executes or otherwise agrees to the terms incorporated in a Prime Contract prior to Dunaway Associates, LLC review of Prime Contract, Dunaway Associates, LLC nevertheless reserves the right to propose revisions to Prime Contract acceptable to Dunaway Associates, LLC and third party. In the event Client is not willing to allow Dunaway to propose revisions to Prime Agreement, then Client will contract with Dunaway Associates, LLC, under a separate Subconsultant Agreement. Under no circumstances shall Dunaway Associates, LLC be bound by a Prime Contract negotiated by Client that Dunaway Associates, LLC finds objectionable, and Dunaway Associates, LLC shall have the right to terminate this agreement with full compensation for the percent complete of the instruments of service performed at the notice of termination. VI. No Duties to Third Parties. The services to be performed by Dunaway Associates, LLC under this Agreement are intended solely for the benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties on the part of Dunaway Associates, LLC toward any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of them. VII. Claims Limited to Insurance Coverage. The Client and Dunaway Associates, LLC waive all rights for damages, each against the other and against the contractors, subconsultants, agents, and employees of the other, but only to the extent covered by property insurance during or after construction, except such rights as they may have to the proceeds of such insurance. The Client and Dunaway Associates, LLC each shall require similar waivers from their contractors, subconsultants, and agents. Vill. General Contractor Duties and Responsibilities. Neither the professional activities of Dunaway Associates, LLC, nor the presence of Dunaway Associates, LLC or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, dunaway.com DUNAWAY STANDARD TERMS & CONDITIONS superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. Dunaway Associates, LLC and his or her 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. The Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The Client also agrees that the Client, Dunaway Associates, LLC and Dunaway Associates, LLC's Subconsultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. IX. Cancellation. It is understood that this Agreement may be canceled at any time by the Client and payment shall be due based on the method of computation in Section I only on Work performed or expenses incurred to date of cancellation. X. Payments and Interest. Client recognizes that prompt payment of Dunaway Associates, LLC's invoices is an essential aspect of the overall consideration Dunaway Associates, LLC requires for providing service to Client. Client agrees to pay all charges not in dispute within 30 days of date of invoice. All accounts past due 60 days from date of invoice shall pay interest at the rate of 18% (1.5% per month), or maximum allowable by law, whichever is lower, of the past due amount per month. XI. In the event that any professional services contract is paused for more than six months after execution, Dunaway reserves the right to assess a remobilization fee of up to five percent of the total contract fee. Additionally, Dunaway has the right to update the contract's billing rates to the current billing rate schedule for any contract executed nine months after the original proposal date. If the scope of services requires additional services due to the pause or new information impacting the project during the pause and it is not attributable to Dunaway, the Client acknowledges that additional services may be applicable, resulting in additional fees charged by Dunaway. XII. Cessation of Services. If Client, for any reason, fails to pay the undisputed portion of Dunaway Associates, LLC's invoices within 30 days of invoice date, Dunaway Associates, LLC has the right to cease work on the project and Client shall waive any claim against Dunaway Associates, LLC for cessation of services, and shall defend and indemnify Dunaway Associates, LLC from and against any claims for injury or loss stemming from Dunaway Associates, LLC's cessation of service. Client shall also pay Dunaway Associates, LLC the cost associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. XIII. Legal Action. Subject in all respects to the other provisions of this Agreement, in the event legal action is necessary to enforce the payment terms of this Agreement, the prevailing party in any such action shall be entitled to collect any judgment or settlement sums due, plus reasonable attorney's fees, court costs and other reasonable expenses incurred by the prevailing party in connection with such collection action. Page 2 of 3 XIV. Dispute Resolution and Termination. In the event any bill, or portion thereof, is disputed by Client, Client shall notify Dunaway Associates, LLC within 10 days of receipt of the bill in question, and Client and Dunaway Associates, LLC shall work together to resolve the matter within 60 days of its being called to Dunaway Associates, LLC's attention. If resolution of the matter is not attained within 60 days, either party may terminate this Agreement in accordance with conditions indicated in the termination of agreement clause specified in Section VII. XV. Mediation. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the Client and Dunaway Associates, LLC agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and Dunaway Associates, LLC further agree to include a similar mediation provision in all agreements with independent contractors and subconsultants retained for the Project and to require all independent contractors and subconsultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. XVI. Surveying Regulations. Land Surveying in the State of Texas is regulated by the Texas Board of Professional Engineers and Land Surveyors, 1917 S. Interstate 35, Austin, Texas 78741, telephone number (512) 440-7723. Dunaway Associates, LLC Survey Firm Registration(s) #10098100 XVII. Reimbursable Expenses. Other charges which may apply to the Client's project include: A. Expenses included in 2%Administrative Fee: mileage, parking, tolls, internal printing, aerials, postage, FeclEx/Courier, courthouse records, tax certificates, on the job meals, invoicing time, field supplies, and other local travel expenses. B. All direct non -labor expenses, including fees paid on behalf of Client, bid advertising, airfare, lodging, and rental cars are charged at actual cost. C. For services not offered as a part of Dunaway Associates, LLC's normal services, the Client may, at his option, contract directly with the third party for such services or through Dunaway Associates, LLC If such contracts are made through Dunaway Associates, LLC, a service charge of 10% will be added to the net amount of such contracts. Dunaway reserves the right to amend this fee policy at any given time. XVIII. Certifications, Guarantees and Warranties. Dunaway Associates, LLC shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence Dunaway Associates, LLC cannot ascertain. XIX. Assignment. Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by the Consultant as a generally accepted business practice, dunaway.com DUNAWAY STANDARD TERMS & CONDITIONS shall not be considered an assignment for purposes of this Agreement. XX. Lenders' Requirements. Dunaway Associates LLC shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the sole judgment of Dunaway Associates LLC, increase the Consultant's contractual or legal obligations or risks, create a fiduciary obligation or an uninsurable risk, or adversely affect the availability or cost of its professional or general liability insurance or otherwise materially change the terms of this Agreement. Dunaway Associates LLC does recognize that Lender Requirements are often a normal course of business for the Owner and Dunaway Associates LLC, will work diligently with the Owner and Lender to reach mutually acceptable language. The Owner is cautioned that the appropriate time to reach mutually acceptable language should be anticipated, and any Lender Requirements should be presented in advance to Dunaway Associates LLC, to resolve prior to deadlines related to this matter. XXI. Betterment. If, due to Dunaway Associates LLC's negligence, a required item or component of the Project is omitted from Dunaway Associates LLC's construction documents, Dunaway Associates LLC shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will Dunaway Associates LLC be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. XXII. Miscellaneous. A. Intellectual Prooertv. The drawings, specifications and any other work products (including but not limited to software programs and electronic media of any description) prepared by Dunaway Associates, LLC for this project shall remain the property of Dunaway Associates, LLC and Dunaway Associates, LLC shall retain all common law, statutory and other reserved rights, including the copyright, where applicable. B. Entire Aareement. This Agreement is the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns. C. Counterparts. This Agreement shall be executed with one or more separate counterparts, each of which, when so executed, shall, together, constitute and be one in the same instrument. D. Governina Law and Venue. This Agreement shall be aoverned by, and construed in accordance with the substantive laws of the State of Texas and the parties hereto agree and consent that venue for all purposes shall be in Tarrant County, Texas. Page 3 of 3 E. Pr000sal Expiration. The terms stated in the proposal are valid only if executed by both parties within 90 days from the date of the proposal. Free Publicitv. Dunaway Associates, LLC has the right to ohotoaraoh the above named project and to use the photos in the promotion of the professional practice of Dunaway Associates, LLC through advertising, public relations, brochures, or other marketing materials. Should additional photos be needed in the future, the Client agrees to provide reasonable access to the project. dunaway.com