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HomeMy WebLinkAbout025357 - Construction-Related - Contract - Dunaway Associates, Inc.+. r� e1Ty s�cRETqRY CONTRACT Np, . c� ��5 � . CITY OF FORT WORTH, TEXAS '� STANDARD AGREEMENT FOR ENGfNEERiNG SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), Dunaway Associates, Inc., (the "ENGINEERn), for a PROJECT generaliy described as: Land Planning Services The Lake Worth Castle and Vicinity - 500 Acre Site. . Article I Scope of Services � � - � ; -.1 ��, � � � : J l � r� A. The Scope of Services is set forth in Attachment A(Dunaway's Letter of September 14, 1999). Article 11 Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article 11f Terms of Payment Payments to the ENGINEER will be made as follows: A. lnvoice and Payment (1) The Engineer shaA provide the City sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only #hat portion so contested will be withheld from payment, and the undisputed portion wil( be paid. The �I1Y wi(I exercise reasonableness in contesting any bi(I or portion thereaf. No interest wilf accrue on any contested portion of the billing until mutually r�soived. (�) If the CiTY fails to make payment in full to ENGfNEER for biNings contested in good faith within 60 days of the amount due, the ENGlNEER may, after �iving seven (7) days' writter� notice to CITY, suspend services under this AGREEM�NT until paid in full, including interest. ln the event of suspension of services, the ENGINEER shall have no liability to C1N for delays or damages caused the CITY - � - o �f�0 ��C�� G����G?D �° C �� ���r� � ° Q� II UA VUV���YYp �Lif/NA �� ,t because of such suspension of services. Article IV Obiigations of the Engineer Amendments to Article 1V, if any, are included in Attachment C. A. Generat The �NGINEER will serve as the CtTY's professional engirreerrng representative under this Agreement, providing professional engineering .consultation and advice and furnishing customary services incidental thereto. B. Standard of Care , The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for � subcontract work such as special surveys, tests, test borings, or other subsurface invesiigations in connection witfi design and engineerin� work to be performed he�eunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CtTY, unless otherwise specified in Attachment A. (2) !n soils, foundation, groundwater, a�d other subsurtace investigations, the actua! characteristics may vary significantly between successive test points and sample intervals and at locations other than where . observations, exploration, and investigations have been made. Be�cause of the inherent uncertainties in subsurtace evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drav�rings The ENGINEER will provide to the CITY the origina( drawings of a(I plans in ink on reproducible plastic fitm sheets, or as otherwise approved by CiTY, which shal( 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 �or any project other than the PROJECT described herein. . -2- � �+ E. Engineer's Personnel at Constructlon Site (1) The presence or duties of the ENGINEER's personnei at a construction site, whether as on-site representaiives or otherwise, do not make the ENGINEER or its personnef in any way responsible for those duties that be(ong to the CfTY and/or the CtTY's construction contractors or other entities, and do not relieve the construc#ion contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited ta, 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 �construc�ion 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 spec'rfic 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 PRO.lECT or to . determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when comp(eted, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEE�t be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover iatent defects in the work or otherwise check the quaiity or quantity of the work on the PROJECT. If, for any reason, th� ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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 sha11 be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. . Opinions of Probable Cost, �inancial Considerations, and ScheduEes (1) Tfi�e ENGINEER shall provide opinions of probable costs basec! on the current available information at the time of preparation, in accordance with Attachment A. (2) fn providing opinions of cost, financial anafyses, 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 -3- � � � � � conditions; time or qualify 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 schedu(e. Therefore, the ENGINEER makes no warranty that the CITY's actua( PROJECT costs, financial aspects, economic feasibility, or schedutes wiil not vary from the ENGINEER's opinions, analyses, projections, or esfimates. G. Constructian Progress Payments Recommendations by the ENGlNEER to the ClTY for periodic constructlon progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and t�elief 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 ihe work in exact accordance with the Contract Documents; that the final work will be acceptable in alt 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, materiats, or equipment has passed to the C1TY free and clear of liens, claims, security interests, or encumbrances; or #hat there are not other matters at issue between the CiTY and the construction contractor that affect the amount that should be paid. H. Recorc� Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and fumished by athers, and may not always represent the exact location, type of various components, or exact manner in which the PRC?JECT was finally cor�stn�cted. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. ' i. Minority and Woman Business Enterprise (MIWBE) participation 1n accord with City of �ort Worth Ordinance No. 11923, as amended by Ordinance 13471, the City has goals for the participation of minority business enterprises and woman business enterprises in Gity contracts. Engineer acknowlsdges�the MIWBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may resutt in the termination of this agreement and debarment from participating in City contracts for a period of time of not iess than three {3) years. J. Right to Audi! {1) ENGINEER agrees that the CITY shall, unt�l the expiratia� of three (3) 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 #o _4_ � 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 C1TY shall give ENGINEER reasonable advance notice of intended audits. (2) ENG(NEER further agrees to include in ail its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shali, untii the expiration of three (3) 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 subconsultar�t, involving transactions to the subcontract, and further, that the CITY sha)1 have access during normal working hours to al! 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 advanc� notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy such documents as may be requested by the CITY. The ClTY agrees to reimburs� ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. . ENGlNEER's tnsurance (1) Insurance coverage and limits: � ENGINEER shali provide ta the City certificate(s) of insurance documeniing policies of the following coverage at minimum limits which are to be in effect prior to commencement oi work on the PROJECT: Commercial General Liability � $1,000,000 each occurrence $1,000,000 aggregate � Automobile Liability $1,000,000 each accident (or reasonably equivakent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,0OO,OpO each claimlannual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all —5— � required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicabie policies shall be endorsed to name the CtTY an Addifional tnsured thereon, as its interes#s may appear. The term CITY shall include �its employees, officers,. offPciais, agents, and volunteers as respects the contracted services.` (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(9) and K.(2) of this agreemenf are provided under applicable policies documented thereon. (c) Any failure on documentation requirements. part of the CITY to request required insurance shall not constitute a waiver of the insurance (d) � A minimum of thirty (30) days notice of cancellation, non-renewat or material change in coverage shall be provided to the CITY, A ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shal( be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name}, City of Fort Warth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. � (fi� Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Appticable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. � (h) 7he City shall be entit(ed, upon its request and without incurring expense, to review the ENGINEER's insurance policies incfuding endorsements thereto and, at the CITY's discretion, the ENGtNEER may be required to provide proof of insurance premium payments. (I) The Commercial General Liability insurar�ce poficy shall have no exclusions by endarsements unless such are approved by the ClTY. � � (j) The Professional Liabitity insurance policy, if written on a claims made basis shali be maintained by the ENGINEER for a minimum � iwo (2) year period subsequeni to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. (k) The CITY shall not be responsibie for the direct payment of any insurance premiums required by this agreement. lt is understood that insurance cost is an allowable component of ENGlNEER's overhead. (I) A!I insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by #he ENGINEER � to maintain the same or reasanably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsu(tant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGiNEER of the Agreement. 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. � M. Disclose�re The ENGINEER acknowledges to the CITY that it h'as 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 re{ationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) ff asbestos or hazardous substances in any form are encountered or suspected, ihe 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 ENGINEER will, if requested, assist the C1TY in obtaining the services of a qualified subcontractor to manage the remediation activities of the � PROJECT. -7- O, Permitting Authorities - Design Changes tf permitting authorities �equire design changes so as to comply with pubtished design criteria andlor current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGtNEER shal( revise pians 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 oi, the ENGlNEER sha11 notify the ClTY of such changes and an adjustment in compensation wi11 be made through an amendment to this AGREEMENT. Article V Obfigations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER alI technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness af the information provided by the CITI'. 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 and will provide labor and safety equipment as required by the ENGINEER for such access. The C1iY will perform, at no cost to #he 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 a11 acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY, wifl obiain, arrange, and pay for all advertisements for bids; permiis and ticenses required by local, state, or federal authorities; and land, easements, righfs-of-way, and access necessary for the ENGINEER's services or PRO.lECT construction. D. Timefy Review. The CITY wilf examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attomey, insurance counselor, accountant, audiior, bond and �nancial advisors, and otfier consultants as the ClTY deems appropriate; and render in writing decisions ��� � � required by the CITY in a timely manner in accordance with the project schedule in 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 scape or timing of the ENG(NEER's services or of any defect in the work of #he ENGINEER or construction contractors. F. Asbestos or Hazardous S�bstances and lndemnification �1) To the maximum ext�nt permitted by law, the C1TY will indemnify and release ENGfNEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, � attomey's fees and litigation �expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from fhe PROJECT. Nothing contained herein shalt be construed to require the CITY to 1evy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall noi appfy in the event the discharge, re(ease or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemniftcation and Claims The CITY agrees to include in al! construction contracts the provisions of Article N.E. regarding the ENGlNEER's Personnel at Constn�ction Site, and provisions providing contractor indemnification of the C1TY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The C1TY 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 o�cers, employees, and subcontractors, for any ctaim 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 ENGlNEER." (2) This AGREEMENT gives no rights or bene�ts to anyone oiher than the C1TY and the ENGINEER and there are no third-party bene�ciaries. (3) The CITY wi!! include in each agreement it� enters into with any other � � � enfity or person regarding the PROJECT a provision that such entit}� or person shall have no third-party bene�ciary rights under this Agreement. (4) Nothing contained in this section V.H. shali be construed as a waiver of any right the CITY has to bring a ciaim againsi ENGINEER. 1. CiTY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CfTY will ensure that Builders Riskllnstallation insurance is maintained at the replacement cost value of the PROJECT. The C1TY may provide ENGlNEER a copy of the policy or documentation of such on a certificate of insurance. {3) The CITY will specify that the Builders Risk/tnstallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance � The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assisf in litigation undertaken or defended by the CITY. ln the event C(TY requests such services of the ENGINEER, fhis AGREEMENT shall be amended or a separate agreement wi(( be negotiated between the parties. K. Changes The CfTY may make or approve changes within the genera! Scope of Services in tnis AGREEMENT. If such changes affect the ENGlNEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendmenf to this AG32EEMENT with appropriate CITY approvat. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A.� Author'¢ation to Proceed ENGINEER sha41 be author'�zed to proceed with this AGRE�MENT upon receipt of a writ�en Notice to Proceed from the CITY. B. Reuse af Project Documents Alf designs, drawings, specifications, documen�s, and other work products of the ENGINEER, whether in hard copy or in efectronic form, are instruments of service for fhis PROJECT, w�ether the PROJECT is completed or not. Reuse, change, or alteration by the CtTY or by o#hers acting through or on behalf of the -10- CITY of any such instruments of service without the written permissioh of the ENGINEER will be at the CITI^s sole risk. The final designs, drawings, speci�cations and documents shall be ownec� by the CITY. C. Force Majeure The.ENGINEER is not responsibie for damages or delay in performance caused by acts of God, strikes, fockouts, accidents, or other events beyond the conirot of the ENGINEER. D, Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' writt8n notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party faiis substantia!!y to perform through .no fauit of the other and does not commence correction of such nonpertormance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a) Cost of r�production of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b) Out-of-pocket expenses for purchasing storage containers, microfilm, etectronic data files, and other data storage supplies qr ssrvices; c) The time requirements for the ENGINEER'S personnel to document the work underway at the time the ClTY'S termination for convenience so that the wor}c effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER wiq submit to the CITY an itemized statement of all termination expenses. The C1TY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CtTY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of #he CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECTs schedule, commitment and cost of the ENGfNEER's personne( and subcontractors, and EHGINEER's compensation wiil be made. —li— �. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any 1oss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused so(ety by the negfigence or willfuf misconduct of the ENG[NEER, its employees, offic�rs, and subcontractors in connection with the PROJECT. . (2) If the negligence ar willful misconduct of both the ENGINEER and the CtTY (or a person identifed above for wi�om ea h is liable) is a cause af suci� damage or injury, the loss, cost, or e�ense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or wi)lful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vemon Supplement 1996). G.• Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. � H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shal( apply to al( the differ�nt theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory (iability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the C1TY and the ENGINEER, and their officers, empioyees, agents, and subcontractors. I. Jurisdiction The faw of the State of Texas shall govem the validity of this AGREEMENT, its interpretation and perFormance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) A(I claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PRO.JECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. if inediation is unsuccessful, the cfaim, dispute or other matter in questian shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attomey's fees, costs and expenses. Arbifration shal! be in accorc�ance with the Construction Industry Arbitration� Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbi�rators less than $50,004, exclusive of attomey's f.ees, costs and expenses, will be final, judgment -12- � may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Se�tions 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attomey's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. lf litigation is fried by either party within said ninety (90) day period, the award�shall become null and void and shatl not be used by either party for any purpose in the litigation. K. Severability and Surviva! lf 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 unenforceabte provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply' -ENGINEER shall at all times observe and comply with aIl federal and State iaws and regu(ations and with alI City ordinances and regulations which in any way affect ihis AGREEMENT and the work t�ereunder, 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 C1TY and all of its o�cers, agents and employees from and against all claims or liability arising o�t of the vio)ation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. -13- � Article Vil Attachments, Schedules, and Signatures This AGREEMENT, including its attachmenis and schedutes, constitutes the entire AGREEMENT, supersedes aif prior written or orat understandings,� and may oniy be changed by a written amendment executed by both parties. The following attachments and schedules are here�y made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensatiort ATTEST: Gloria Pearso� V City Secretary CITY OF FORT WORTH By. Mike Groomer � Assistant City Manager ��y � �� �..�� Cont-ract �uthorization Date APPROVED AS TO FOR�VI AND LEGALITY APPROVED -��� c.��. . , A. Douglas Rademaker, P.E. Director, Engineering Department Dunaway Associates, Inc. Assistan��C�y Attorney By: . \ , , Jam E. DeOtte, P�. ice- esident -14- � .� DUNAWAY ASSOCIATES, INC. ENGI4EERS • PLAYYERS • SURYEYORS The Castle and Vicinity 500 Acre Site [� � � PROJECT DESCRIPTlON Attachment "A" SCOPE OF �S�RViCES �� Dunaway Associates, Inc. (DAI) will provide land planning services to the City of Fort Worth {the Client) for a 500 acre site located between NW Loop 820 and Silver Creek Road in West Fort Worth, Tarrant County, Texas. DAI wilf prepare database information and provide conceptual planning services for a residential devefapment with commercial and recreation potential per the C1ienYs 'vision and the City of Fort Worth's jurisdiction. Thereafter, a feasibility evaluation shall be conducted �according to a preliminary development plan. SCOPE OF SERVICES A. Development Database: Information inventory, including Client-furnished site boundary, land use tract records, topo map, and applicable regulations, etc., shall be assembled, analy�ed, and evaluated as the development database. (nterviews with City staff from the Department of Engineering, Department of Transportation & Public Works, Park and Recreation Services, Water Department, and Real Property Management shall be conducted to identify issues and priorities for development. B. Conceptual Planninq: DA1 will confer with the Client to conceptualize and confirm the program, method, and strategies for land development in order to identify desirable types, � intensities, and configurations for various land uses. At least three sketch plans showing alternative options will be provided for review and approval by the Client regarding site potential and market trends. ' C. Preliminary Develooment Plan: A preliminary development plan suitable for group presentation will be provided depicting land uses, amenity spaces, and major roadways based on a selected sketch plan. DAt wi(I assist City staff on internaf coordination and presentation meetings, etc., to determine phasing and implementation needs. D. Feasibilitv Evaluation: DAI will address conditions and requirements of major � infrastructures inctuding water supply and sanitary sewer services far the project site. Additional input from City staff on thoroughfare and traffic circulation shal! be incorporated in a schematic opinion of development cost for the major infrastructures necessary to serve parcels as determined by the preliminary development plan. E. Specific Infrastru�ture Evaluation (TBD �and Optional : New or special infrastructures requiring detailed. engineering/surveying work for conclusions, such as package sewer treatment plant, sewer force main, lift stations, or wetland identification/mitigation can .be negotiated and determined under a separate agreement at the Client's request. F. Illustrative M�Stpr Plar� f�R� and O�tional): CADD �generated exhibits for marketing, presentation, or publication purposes can be provided under a separate agreement at the ClienYs request. . G. Preliminary Plat and Zoninq Proce'ss_(TBD and Ootional): DAI will prepare preliminary plat along with survey notes, map exhibits, and zoning plans fo� City review and approval. DAt wi(( atso prepare a zoning r�quest and documents to process through city public . hearings for favorable approval. SCHEDULE Tasks A, B, C, and D above can be completed in ten (10) calendar weeks at approximately two (2) weeks for each task and a two (2) week allowance for timely Client review and input. Tasks E or F inay be completed in two'D(2) calendar weeks pending the comp(exity of the tasks not yet � Scope of Services Page 2 tV. � VI. determined. Task G typically requires two (2) months for completion, predicated on City of Fort Worth zoning/subdivision codes, policies, and procedures. COMPENSATION Tasks A. Development Database B. Conceptual Planning C. Preliminary Development Plan D. Feasibility Evaluation ADDITIONAL CONDITIONS Totai Lump Sum F'ee; Lump Sum Fee $ 2,800.00 $ 3,600.00 $ 2,700.00 $ 4.800.00 ;� 1'�_900.00 DA1 is wiliing and able to conduct Tasks E, F, G, and other additional service.s beyond this proposal, under separate agreements at the ClienYs request. The attached "Basis of Compensation and Standard Agreement" provides guidelines on such circumstances and will govern miscellaneous contract details. ' Priniing and reproduction shalf be billed at standard commercial rates, as reimbursable expenses. All direct non-labor expenses, including bid advertising, etc., and trave! and subsistence for the principals and staff when outside of Tarrant and Dallas counties as required for the proper execution of the work, are charged at actual invoice cost. � STAFF BILLING RATE AND MULTIPLIER Personnel Classification Principal Project Planner Project Engineer CADD Technician Planning Technician Clerical/Accounting 4-Man Survey Crew 3-Man Survey Crew 2-Man Survey Crew Billing Rate $110.00/hr $100.00/hr $90.00/hr $60.00/hr $55.00/hr $50.00/hr $110.OQlhr $92.501hr $75.00/hr Labor Times Multiplier: The basis of compensation services provided by Dunaway Associates, Inc.'s stafF on a labor times multiplier will be ttte "Labor CosY' of each employee so engaged times a 2.5. "Labor CosY' is defined as the cost of salaries (total hours worked times the emRloyee's rate of pay on an hourly basis) of the Dunaway Associates, Inc. employees for time directly chargeable to the project, plus other direct social costs (currently 32 percent) for social security contributions, excise and payroll taxes, unemployment compensaiion insurance, medicaf and insurance benefits, sick leave, and vacation and holiday pay applicable thereto. � ATTACHMENT "B" COMPENSATION AND SCHEDULE Land Planning Services The Lake Worth Castle and Vicin+ty — 500 Acre Site Compensation A. Payment for services will be computed on the basis of Salary Cost times a multiplier of 2.S to determine the payment due for services. The multiplier is a factor that compensates the Engineer for fringe benefits, overhead and profit. B. Payments shall also incfude Direct Non-Labor Expenses which, in general, include expenses for suppiies, transportation, equipment, travel, _ communication, subsistence and lodging away from home, and similar incidentals. � . The Direct Non-Labor expenses shall be reimbursable at actuaf invoice cost plus 10%, except for living and travel expenses when away from the office on business connected with the�Project. Al) trave( outside of the DallaslFort Worth Metropolitan Area to be made, which are reimbursable at actual invaice cost, by the Engineer in connection with the Project must first be approved in writing by the City Engineer. � C. Subcontractor cost shall be reimbursed at the actual cost plus 10%. D. Payment for expenses, costs and services as described in Attachment "A" shall not exceed $13,900.00. E. Partial payment shall be made month(y upon receipt of an inVoice from the Engineer, prepared from the books and records of the Engineer, outlining the amount of hours worked by each employee, the employee's name and c(assificafion, and the employee's safary rate along with itemized charges for any subcontract and reproductivn work performed during the period covered by said invoice. Each invoice is to be verified as to its accuracy and compliance with the terms of #his contract by an officer of the Engineer. Payment according to statements wil( be subject to certification by the Director of Engineering or his duly authorized � representative that such work has been performed. 11. Schedule Exhibit A-4 (Supplemental Scope of Services) shall be completed 10 calendar weeks after the "Notice-to-Proceed" letter is issued. ., Attachment •B• — Compensation & �chedule Revised 4/23/97 .