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HomeMy WebLinkAboutContract 45385 CITY SECRETARY coNTRACT IT FORT WOR Hl, TEXAS STANDARD AGREEMENT FOR ENGINEERING "'ELATED DEIGN SERVICES i.s betwe,en the, C,i y of Fort' h� Tex . -rule, municipality (the TIT Y), and Dennehy architects, authori7ed to, do busines in Texas, (the "ENGINEER"), for a PROJECT glen,erally described as: Nature Center Boardwalk Article I Scope of Services A, The Sco-pe of,Services is.sett forth in Attach e . t1c1e 11 Compensation ,A. Tl 's � � �t� W �. I.I _ th - � �� � m .as.yet forth in Attachment B Agi (4) In the event ot a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion, wall be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. ally No interest will accrue one any contested portion, of the billing until mutu resc4ved- (5) If the CITY fails to make payment in full to, ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after g,iving 7 days' written notice to CITY, suspend services under this AGREEMENT' until paid in full. In the event of suspension of services, the ENGJNEER ssh-all 'have.no-liabi.lity, to GITY, fordetay-s or da ma es caused tie. CITY because of such suspleinsioln of services. Article IV Obligations of the Engineer Amendments, to Article IV, if any, are included' in Attachment C. A. General The ENGINEER will serve as the GITY's, professional engineering, representative under this Agreement, providing professional engi,neering consultation and adv,ice and furnishling, customary serv,i'ces 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 tine such services are performed. C. Sulbsurtace 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 su-bsu-rface investi-gations in cone ne c-tion,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, uniless otherwise specified in Attachment A. City-of Fort Worth,Texas Standard!Agreement for Engineering Related Design Services PMO Official Reieasie Date.112812013 Page 2 of 17 (2) In so�il�s, 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, exp!lioration, and investigations have been made. Because of' the inh-e- rent uncertatnties In- subsurfacta evafuatjons, changed nr unanticipated underg-round conditions may occur that could affect the total PROJECT cost and/or execution. These, conditions and cost/execution effects are not the responsibility f' the ENGINEER. d 0 D. Preparation oy"Engineering, Drawi*ngs The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylair sheets and electronic files in pdf 'format, or as, otherMse ap,proved�, 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 hierelini. E. E,ngl*neeil's Personnel at Coinstructl*on S'I'te 4N I) Thev presence or duties) of the ENGINEER's personnels at C-1 construction, site, whether as on-site representatives, or otherwise, do note make the ENCGIN:EER or its personnel in any way respo,ns,ible 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, seqlu�ences, 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 .p.ersonnel hive no authority to exe rise ,any control over .any constructio-ti, 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 & the ENGINEER or its personnel shall have no obligation or, responsibility to, visit the construction site to become familiar with then progress, or q,uality of the completed work on the PROJECT or to determine, in general, if the work on the PROJ'ECT 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 the a, regiment between CITY and ENGINEER be .con strued -as requfring City of Fort Worth,Texas Standard Agreement for Engineering Related Design S HMO Official Release Data:1/28,120,13 Page 3 of 1 7 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, o,n-,site obiservation(s) of a deviation from the Contract Documents, the ENGINEER sha-11,i,nform the C1,TY-- (3) When professional certifi cation of performance or characteristics ot materials, systems or equipment is reasonably required to perforrin 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 Do .um e-nts. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs biased on the current available information at the time of preparation, in accordance witti 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, managemeinit, 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 feasibilityy or schedules will not vary frorn the EN-GfNEE'Ks opinions, analyses, projections, or estimates. G. Construct*1on lr greys Payments men- ebony by the EN =N DER to the -,.CITY for periodic construction proqress payments to the construction, contractor will be, based on the ENGINEER's knowledge, information, and belief from selective sampHing. and observation that the work has progressed to the point indicated. Such relcomimendations do not represent that continuous or detailed examinations, have been muds by the ENGINEER to ascertain that the construction contractor has completed the work in, exact. ac the the Contract 11 It: 11 L L DoCuments; that It-he final work will, be, acceptable in all respect& "ha" 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, securifty interests, or encu m bran ces; or 1hat there are not -other Cay of Fort Worth,Texas Standard Agrearnent for Engineering Related Design Services PM,O Officiall Release Date.-1/28/2013 Page 4 of 17 matters at III issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be pr pared, in, part, on the basis of information compiled and furnlished by others, and may not a,lway's 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,, L Minority Business and Small Business Enterprise (M'BE,)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 2GO,20-12-20-1 amended,,the City ha-s-goals for the,part icilpation of minority business enterpir,ises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and S goals established for this contract and, its accepted, written commitment to MBE and ,CBE participation. Any misrepresentation of facts (other than a negligent m.isrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINE-E,R agrees that the CITY shalt, until. the expiration of fi.v-e (5), years- after final paymient 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 an appropriate work space in order 'to conduct -audits in compliance with the forovisions of th,is section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its sub consultant, agreements hereunder a provision to the eff ect that the su bconsultant. agfees 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 perfinent books, documents,, papers and records, of such subconsultant I involving transactions to the subcontract, and further, that the, CITY shall have access during normal working hours to all subcon�sultant City of Fort Worth,Texas Standard Agreement for Engineering Related De 19n Services PM O Official Rallease Date-- 1/28/2013 Page 5 of 17 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits, in compl�iance with the provi�sions of this article together with subsection (3) h!ere�of. CITY shall give sub consultant reasonable advance notice of intended audits. (3) ENGINEER and sub consul'tant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENG]MEER for the cost of copies at the rate published in the Texas Administrative Code in effect as, of the time copying is performed., Ka 'IN,SURANCE (1) E,NGINEE,R)S IN'SURANCE a. Commercial General Liability the ENGINEER shall maintain commercial general liability (CGL) and,1 if necessary, commercial umbrella.. insurance- with. a limit of riot- less than, $1"000,GOO..00 per--each-. cccurr+ nce, with a $2,000,0001-00 aggregate, If such Commercial General Liability insurance contain,s -a general aggregate limit, -it shall apply separately to th�is PROJECT or location. i. The, CITY shall be included as, an insured under the CGL, using ISO additional insured endorsement or a substitute pirovid�'i-ng equivalent coverage, and under the commercial umbrella I if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance piol�icy shall have no exclusions by endorsements. that would alter or nullify pre rn ises/o Perations, Products/completed operations, contractual, personal injury, or ads vertizing ilnjury, which are normally contained within the policy, unless the CITY approves such exclusions, in writing. -ii. ENGINEER waives all rights against, the CITY and its agents, officers, directLors, and employees for recovery o"I' damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella. liability insurance with a limit of not less than $1,000,,0010 each accident. Such insurance shall cover liability arising out of "any auto'', in�clud ing owned, hired, and non-owned autos, when said veh�icl!e is used in the course of the PROJECT. If the engineer owns no ve. h-ictes., coverage for hi-red -or -nori-owned is City of Fort Worth,I exas Standard Agreement for Engineering Related Design Services PMO Official,Release Data.,1/28/2013 Page 6 of 17 acceptable. i., ENGINEER waives all rights against the CITY and its, agents, officers, directors and employees for recovery of damages to the eater nt,these damages,are covered by the bvsinesa_autow liability or commp-rcial umbrella liability insurance obtained by J pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liatOity insurance and, if necessary, commercial umbrella liabilily insurance with a limit of not less than " $100,0100. O each accident for bodily injury by accident or $100,000.00, each employee for bodily injury by disease, with $1500,000.00 policy limit. i. ENGINEER waives all rigbts, against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages, are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement., d�. Profbss,ion-al Liab-ifity the ENGINIEER, shall: maintain- professional, &M. -�m�ad:e pol" a minimum of �� � � ��0O.f"O per liability laims Icy, W1 7 U claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract, or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance spelcifical,ly referencing this project shall be submitted to the CITY for each year following, completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a�. Certificates ofinsura.noe evidencing that the- E,NGIME,ER,fiats obtained. all required insurance shall be delivered to the CITY prior to ENGINEER proceeding wfth the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its "employees,, officers, officials, agents, and volunteers as, respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereom City,of art Wairthi,Texas Standard Agreement for-Engineering Related Design Services PMO Official Release Date-1/28,12013 Page 7 of 17 A a. /\ny failure on part of 'the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e- A,minimum of thirty.. (30) days notice of cancel-lation 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. Notice shall be sent to the respective Department Director (by name)i, City of Fort Worth, 1000 Th rock morton, Fort Worth, Texas 76102. f. 'Insurers for, all pollicies must"be authorized `to do business inthe 'State, of i exas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of' $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage, is not provided on, a first-dollar basis, The CITY, at it sole discretion, may consent to alternative coverage, maintained through insurance, pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense,, to review thy_e ENG[N.,EER's, insurance, prolicies including endorsements thereto and, at the CITYs discretion-, the ENGINEER mav be required to provide proof of insurance premium payments, j. Lines of' coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to, the, date of the contractual agreement., The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages! whether written on an occurrence or claims-made basis) shall be maintained without interrupbon nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination, of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums,required by-this agreement,., It et F ort Worth,'Texas Standard Agreement for Engineering Related Design Services PM O Official Release Date.-1128/2013 Page 8 of 17 m,. Sub consultants and subcontractors to/of the E"NGIN'EER shall' be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as require�d for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, EN-GINEER shaK provide, GITY with. documentation- thereof on a certificate of ins,urance�, L. 11-n-dependent Consultant The ENGINEER agrees to perform all services as an independent consuftanta,ndi riot.'asa subcontractor, agent, or empioyee of the 01TY. M. Disiclosuire The ENGINEER acknowledges to the CITY that it has made full isclosure in writing, of any existing confl icts of interest or potential conflicts, of 'Interest, including,personal financial.intere� direct,or 'In-direct, in.propertyr a fti ng.,the proposed PROJECT and business relationships with abutting property citie�s:. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the, contract. N. Asbestos or,Hazatdous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected., the E-NGINDER will stop! its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbwestos or other hazardous substances are s,uspected',,the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to mania le the remediation activities of the PROJECT. 0. Permiftiong Authorities - Design Changes If permiffing author Aies require design changes so as to gym, 1y with published' design, criteria and/or current engineering praGUce standards Ohl ch the ENGINEER should have been: aware of at the time. this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, i�f'design changes are required. due- to the changes in- the permitting authorities' published design, criteria and/or practice standards criteria which are plubllished after the date of this, Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the UTY of such changes and an adj,u�stmient in compensation will be made through an City of For Worth,Texas Standard Agreement tor Engineer iOng'Related Design Serves P%10 Official Re)'ease Date-1..n.812013 Page 9 of 17 amendment to this,AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in, accordance with the. schedule, developed per Attachment D to this AGREEMENT. Article V Obligations of the Qlity� Amendments to Article V, if any, are included in Attachment C. A. City-Fur nlish-ed Data ENGINEER may rely upon the accuracy, timeliness) and com�p�leten�ess 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 eqlulipment, machJnery, pipellines, and other components of the CITY's facilities as, may be required in connection with the ENGINE ER's services. The CITY will be responsible for all, acts of the G TY s- person,net. 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 requ-ire'd ;by ,tocal., state, or federa] a-utborfties- and J'and- ease.mr enr ts.,, ts of-way, and access necessary for the EN-GINEER's services or PROJECT conistructi n. 'City of-Fort Worth,'Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date, 1128[2013 Page 10 of 17 r% U. Timely Review The CITY will examine the ENGINEER's studies,1 reports, sketches, drawings, specifications, proposal's, and other docurne,nts, obtain advice of an attorney, insurance counselor, accountant, auditor, and and. financial, adlv,isors, 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 Aftachment'D. E. Prompt Notice The CITY will give rompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGIN'EER'S services or of any defe�ct in the work of the ENGINEER or construction, contractors. F. Asbestos or Hazardous Substances Release. (1) CITY alicknowledges ENGINEER will -perform part of the work at CITY's facilities that may contain hazardous materials, inctuding asbestos containing materials, or conditions, and that ENGINEER had no, prior role in: the generationt treatment, storage, or disposition of such malterials. 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, cointaninants, or asbestos, is a result of ENGINEER"si negligence or if: ENGINEER brings such hazardous substance, contamlinant or asbestos onto the project, Go Contractor Indemnification arid' claims The CITY agrees to include in all construction contracts the provisions of' Article ME. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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' equi I pment and materials suppliers on the PROJECT, or their sureties, sball, maintain City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:V28/2013 Page 1 1 of 17 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.It (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiades. (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 V.H. s,hall' be construed as, a waiver of any right the CITY has to bring a claim against ENGINEER. 1. CITY's Insurance (1) The UTY may ma'inta"in property insurance on certain pre-existing! structures associated with the PRO XE,"CT., (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide EN,GIN,IEER a, copy of the policy or documentation of such on! a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J., Litigation Alssi"stance 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 CI' Y. In the event CITY requests such services of the ENGI N,EER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Chan,g�es The CITY may make or approve changes withi:n 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 mill be made through an amendment to this AGREEMENT with appropriate, CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release,Date-,1128120 13 Page 11 2 of 17 ................__­.................................................. Article V11 General Legal Provisions Amendments to Article VII if any, are included in Attachment C. A. Author*lzation 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, specifi cations, documents,, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for th,is 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, d�raw�ings, specifications and documents. Cal Force Majeure The ENGINEER is not responsible for damages, or dellay in plelrformiance used by acts of God:, strikes, lockouts, aiccidents,l or other events beyond the control' of the ENGINEER that prevent ENGINEER's performance of its o,biligatioins hereunder. D. Term'I"nation (1) This AGREEMENT may be termiinated only by the City for convenience on 30 days' written notice., This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails siubstant,ially to perform through no fault, of the other and does not commence correction of such nonperformance with in 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 terminiat,ion, expenses as follows: a. Cost of reproduction of partial or complete studies, plans, speCeifi cations or other forms of ENGINEER'S work product; City of Fort Worth,Texas, Standard Agreement-for Engineering Related Design Services PM O Official Release Date:1/28/2013 Page 1 3 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or servlices; C.) 'The, 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 itemizeld statement of all termination expenses. The CITY'S approval will, 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 s,uspens,ion, dela,y, or interruption, an equitable adjustment in the PROJECT'i s schedule, commitment and cost of "thee ENGINEERs personnel and subcontractors, and ENGINEER's compensation will be made. F41 Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liablifity for any damage caused by or rersuftl'n-g from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier, committed by the ENGINEER or ENGINEER's agent,, consultant under contract,, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall 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 shall apply to all the different theories of recovery, inic,liudling breach of contract or warranty, tort including negli-gence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the Et4GJNE,ER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date,1/28/2013 Page 1'4 of 11 ................. Jurisdioction The law of the State of Texas shall govern the valildity 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. Severabifity and Surv'lval If' any of the provisions, contained in this AGREEMENT are held for any reason to be invatid, illegal, or u-nenforccearble i;n a,rly respect, such i nvalliditty-, illegality, or unenforceability will not affect any other pro�vis,ion, 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.1. shall survive termination of this AGREEMENT for any cause. K. 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 ordinarices nand 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 I indemnify and hold harmless CITY and' all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees., Article VII Attachments,, Schedules, and Signatures This AGREEMENT, including its attachments and schedules,, constitutes the entire, AGREEMENT, supersedes all prior written or oral understandings, and may only he changed by a written amendment executed by both parties. 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 C4 of F ort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Officiall Refe Date-1128/2013 Page 15 of 1'7 Attachment E - Location Map Executed and effective this the 114th day of January, 2014. BY: BY: CITY OF FORT WORTH ENGINEER Dennehy Architects, Inc. Susan Alanis Sandra S. Denneh AVC� (� Y7 Assistant City Manager Presid nt 'Date: _(P vi Date.: APPROVAL RECD MM 1 Di- By.- i�chard Zavala irec,tor, arks and Community Services APPROVED AS TO FORM AND M&C No,.,-. LEGALITY I M&C Date: By asVV. Assistant City Attorney ATTEST: FO/ Mary J. Kays City Secretary JP%, 00000000 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PM O Official Release Data-11,28/2013 OFFICIAL RECORD Page 16 of 17 CITY SECRETARY H,TX E N N E H Y r ARCHITECTS Attachment P E U"F b"'E V I"'UON E St l and our consultants will design the Boardwalk, Shelter and Trail. Program elements for the project include the following: 0 Topographic surrey of existing site area. 0 New concrete piers for boardwalk and shelter Investigation and use of recycled materials where possible Site improvements relating to ,accessibility aiccess. flute that the existing trails and boardwalk do not comply with TAS,/ADA requirements this proposal includes architectural, structural engineering, surveying and civil work, required t provide a compliant project Coordination with the City of Fort Worth uild'in /Permitting Department artn ent to ensure compliance with current Building Codes and regulations. It is understood that documents will be submitted' for an interagency review and that documents shall comply design and submission requlire,ments. Attachment A Fort Worth Nature Center Boardwalk Development wm......,.�,' �m.�U� mriau�anaarmu000nmiuuuouoi ryr D E NI E H Y S; ARCHITECTS Attachment B, COMPENSATION and' PA,YM�EN'T SCHEDULE I I Lump Sum Fee: $ 391800.00 'Project Reirnb rsables. 600.00 Total: 17400.00 Design D elo Amen 30%)., 111 940.00 Construction Documents 55% : $ 211890.00 Bidding (5%)= $ 1,9190.00 3 01.00 Construction Admin. And Close-out, (.110%)* $ 198 Total Lump Sum Fee: , 39,8010.00 Invoices will be subm,itted monthly based on, a percentage of completion Attachment B Fort''Forth Nature Center Boardwalk e elopme n --mmmm Ana or as w,wn wwwmw�m uw mawmn oww mmnnmm�xnxwm xwxsxxnnn wwlmrc mrv�x rvrvrvrvrvrvrvrvmiii iiirvrvry ii rvrvmmrvrvtlll hrvttl IllAA......1 111110111111111111.....1AlIIIIIIIflIIIIIIIfimAl N N Y M dP ARC 1.11T ECI's Attachment U40% Desig n and Engineering Services for Nature Center Boardwalk Redevelopment Services No Amendments to Standard Agreement for Engineering Services in this agreement., Attachment C Fort Worth (nature Center Boardwalk Development DEN N EHY a a RC III T c- s A,ttachmen,t, SCHEDU'LE Noticeto Proceed/Staff ate. 5 March 201 Land S March March, 2014 30% Plan Review.: 27 March — 17 April',, 610% Plan vow pail , 2014 Design fete. 28 May — 2,5 June, Reviews and Revisions.- June July 2014 Attachment Fort Worth, Nature Center Boardwalk Development Fob Worth Nature Center Boardwalk Redevelopment Mapsco 44 D WWI jj NEW N P r f r-J i f o � o, /y u�,� l� J t✓a -. I„1 I i��� �i; � I ;�';, f III MII�III���lilr���l�i���I, 'l' „,m, ,,., � ��/ ,r ' I 1101 i III I"I � '�I li Orin I.I I I V IY r i r i ry l r r, ' L I z 1, v� r 1 i 1 r i 1 S I�tl I 4�M11� III,r I I t 1 i„roc' y , r a� rm yS91 i+lD,��iJV� r i y � o err„Y'ITV , r o II i „ it w r; IoA I:r i 1 I J b J J Gi e l ' N, N 100 50 110 100 Feed ATTACHMENT E, w ail E N N el ARCHITECTS 20 February 20,14 Tor da L. Rice— Project Manager 'arks and Community Services Department The City of Fort Worth 4200 South, Freeway Suite 2200 Fort"worth, Texas 76,115-,1499 E: Professional Services Proposal Nature Center Boardwalk Redevelopment Fort Worth, Texas Dear Ms. Rice: Dennehy Architects, Inc. (DAI), is pleased to submit this proposal for the Fort Worth Nature center Boardwalk Redevelopment described in your letter of November 2013 and in our site walkthro gh. Listed below is our understanding of the scope of the work, deliverables and associated fees. ' Boardwalk edeve c pme t-,PROJECT UNDERSTANDING: The Project consists of design and construction documents for structuires related to the Nature Center Trails, Boardwalk and Shelter, including the follolwin : • Make a salvage assessment of the existing trail from the parking, area to the boardwalk,, • Demolition of the existing hloaurdwalk/sh ltar/arid access trail from the existing parking lot, • Redesign may include the reconfiguration of the existing boardwalk ' wide) and associated trails rovision of a new shelter design of equal or greater size as the existing stru ctu re • preparation of a new trail design compliant with T S ADA standards from the parking lot and throughout the boardwalk route, • Research and perform all necessary permit applications and compliance requirements for water-based construction (Texas Commission and nvironrmental Qurality (TCE Tarrant 'Regional Water District TRWD, l United States Array Corps of Engineers USAGE City of Fort Forth Floodplain CF Floodplain . CAI and our consultants will design the Boardwalk) Shelter and Trail. Program elements for the project include the following: Topographic survey of existing site area. I of Ali • New concrete piers for boardwalk and shelter • Investigation and use of recycled materials where possible • Site improvements, relating to, acciessibi'l'ity access. Note that the existing trails and boardwalk do not comply with TAS/ADA requirements — this, proposal includes architectural, structural engi,neering, surveying and civil work required to provide a comp!liant project Coordination with the City of Fort Worth Building/Permitting Department to ensure compliance with current Building Codes and regulations. It is understood that documents will be submitted for an interagency review and that documents shall comply design and submission reqluirements. DELIVERABLES: Dennehy Architects, Inc. will provide the following deliverables for this project. The schedule for completion of this work will be established with the Parks and Community Services Department (July 2014): Field Verification and Schernatic-Deli gn Documents It is understood that the design team, will have access to, available existing site plans., D will conduct field verification and t�opographlic su!rveying of existing conditions and provide schematic design development documents for your approval and to establish the trail, boardwalk and shelter layout. D will' meet with the Parks and Community Services staff to further define the scope of work and' to address the project needs within the established budget. Construction Documents and Specifications The Construction Documents will include Drawings as well as Specifications detailing the project. These documents will provide plans and details, information concerning the specified' materials and wig ll identify the, standards of quality expected'. These Construction Documents will be, appropriate for the (bidding) General Contractorls to provide a Construction, Cost/Bi�ld to you, and to obtain the required permits for the construction through the City of Fort Worth Building Department. They will include the following: • Site Plan for permitting • Civil engineering plans for trail and boardwalk work to comply with TAS/ADA • Storm Water Pollution Prevention Plan as required) • Flood Plain Plan Finish Schedules and' Door Schedules • Floor Plans of the associated work areas • Exterior Elevations • Boardwalk and Shelter Sections and Details • Roof Plan and Details • Specifications and Project Requirements • Structural engineering • Energy Code Compliance Forms (Building Envelope) • TAS,/ADA Forms and Submissions • As-Built Base Drawings 2 of 4 Construction Administration and Pro[gct lose-Out During the Construction of the project, Dennehy Architects will provide (4) four site reviews of the construction progress in addition to the pre-construction meeting, and final walk-thru. We will meet with the relevant facilities personnel to keep them informed of the work., Submittals, will he reviewed and distributed to the general contractor and Owner. Project close-out documients and inspections will provide a record of the work. PROJECT FEE,,- Dennehy Architects proposes to coordinate and carry out the work as identified above, including Architectural, Structural Engineering, Civil Engineering,, Surveying, for a, Lump Sum Fee of$39,800.! 0., Our project,teams, consists of the following.. Architect: Dennehy Architects, Inc. Structural Engineer.* Frank W. Ideal and Associates Surveying and Civil Engineering: Baird, Ham!pton and Brown, Inc. Cost Consultant: Riddle and Goodnight Design Fee: $ 3%800.00 Proi*eet Reimbursables: 1600.00 Total Lump Sum Fee: $ 411,4001.00 We will invoice monthly as the work is completed. Foirm of Contract We will enter into a contract with the City of Fort Worth using the City"s Standard Contract Form. Reimbursable Expenses Reimbursable expenses will be in addition to the fee, and will be passed on to you with n o n ark-up,. These expenses include such items as mileage,1 printing, postage and delivery services, TAS/ADA submission/review fees and olther associated document filing fees. Reimbursable Fees are estimated to be $1,6001.00. We look forward to the opportunity to work with you on this exciting, project. Please feel, free to contact me with any questions, you may have. Sincerely, Sandra S. Dennehy, AIA Paul M. Dennehy, AIA President "ice-President @,dennarch.com g,md@dennarch.com Dennehy Architects, Inc. 3464A Bilueboinnet Circle Fort Worth, Texas 761019 PH.- 817'-922-9933 CELL: 817-689-42,87 (Paul) 3 of 4 .........N'Aftooft,.........W"'00.......................................