HomeMy WebLinkAboutContract 57366 CSC No. 57366
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and Baird, Hampton, & Brown, Inc., authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: Thomas Place Park &
Edgewood Park Improvements — Projects No. 101631 & 102325.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $64,639.00. as
set forth in Attachment B. Payment shall be considered full compensation for all
labor (including all benefits, overhead and markups), materials, supplies, and
equipment necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 1 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 4 of 15
I. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 5 of 15
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 6 of 15
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 7 of 15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 8 of 15
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 9 of 15
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 11 of 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 12 of 15
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code-(as added by Acts 2021 , 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 13 of 15
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Baird, Hampton & Brown, Inc
Valerie Wash in gton(Apr 6,202214:45 CDT)
Valerie Washington Konstantine Bakintas(Mar 29,202215:30 CDT)
Assistant City Manager Konstantine Bakintas
Apr 6,2022 Principal
Date: pad-on) Date: Mar29,2022
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Tgnnette S. Goo�%ll j o o_
Jan nette S.Goodall(Apr 6,2022 16:30 CDT) 0600
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Jannette Goodall d�°°O°°pp°°°° a
City Secretary ���nEXA1-
APPROVAL RECOMMENDED:
RGGIgW Z_6t!a1a JM
By: 'chard Zavala(Apr4,202208:45 CDT)
Richard Zavala DC /
Director, Park & Recreation Department
APPROVED AS TO FORM AND LEGALITY Form 1295 No.
Or,
Y'
Black(Apr 6,2022 09:09 CDT)
Douglas W Black M&C No.:
Sr. Assistant City Attorney
M&C Date:
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 14 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Xeuil2 adrz
Robert Kevin Rodriguez
Landscape Architect
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Thomas Place Park&Edgewood Park Improvements
Standard Agreement for Engineering Related Design Services Project Numbers 101631 &102325
Revised Date:November 23,2021
Page 15 of 15
Attachment A
Scope of Services
Thomas Place Park & Edgewood Park
PROJECT DESCRIPTION
The purpose of this project is to prepare construction plans, specifications and cost opinion
documents for park improvements funded through Neighborhood and Community Park
Dedication fees for Thomas Place Park and Edgewood Park.
Public meetings have been held with the residents or their representatives regarding each of the
parks. The scope of park improvements, based upon the public and staff input received at these
meetings, includes the following priorities:
Thomas Place Park: repaving parking lot, dumpster enclosure, replacement of wood
deck/seating area including new benches and picnic tables, stabilization of washout areas
including new sidewalks as needed, grass sod and temporary irrigation in disturbed areas, and
other improvements as funding allows.
Edgewood Park: Basketball court benches, connecting sidewalks, power wash existing shelter,
additional shelter amenities (tables, benches, grills), 2-5-year age group playground, small 2-
swing structure, park security lighting, and electrical outlets.
Basic services shall include preparation of final design, construction documents, project manual
and cost opinion documents. Project duration is anticipated to be approximately four (4)
months (125 Calendar days).
Special Services shall be those services necessary to provide appropriate design guidelines for
the design/construction documents. (i.e.; accessibility review for compliance with Texas
Accessibility Standards.)These are described in greater detail below.
BASIC SERVICES
ENGINEER shall be responsible for providing the following basic services for the project.
1. Coordination/Management/Communication
ENGINEER shall perform the following tasks:
A) Attend one (1) project kick-off meeting (two-hour duration)with the CITY to review
project scope, schedule, deliverables, status reporting, communications, and
expectations for the project.
B) Lead and manage the ENGINEER and sub-consultant design team throughout the
project.
C) Communicate regularly by phone and email with CITY staff.
D) Provide to the CITY a one-page project status report on the last business day of each
month throughout the project.
E) Participate in meetings with CITY staff as noted specifically in each task described below.
Attachment A—Scope of Services
Thomas Place and Edgewood Park Improvements
Page 1 of 4
2. Data Review/Site Visit/Base Map
ENGINEER shall perform the following tasks:
A) Gather and review available relevant project data including topographic survey provided
by CITY and other sources.
B) Visit the project site to observe and photographically document existing conditions as
necessary for completion of the project.
3. 30% Design (Schematic Design)
ENGINEER shall perform the following tasks:
A) Prepare schematic design and cost opinion documents as described below for each of
the parks identified in PROJECT DESCRIPTION section. Design for all improvements shall
follow current CITY design standards unless directed otherwise by CITY.
B) The ENGINEER's schematic design plans shall include, at a minimum, the following in
sheet format provided by CITY:
• cover sheet
• general notes sheet
• plan sheets
o site development plans
o erosion control plans
o erosion control details
o demolition plans
o tree protection plans and details
o site dimension control plans
o playground dimension control plan
o grading and drainage plans
o construction details
o equipment schedules (play equipment, benches, etc.)
C) The ENGINEER's schematic design plans shall be suitable for use in both 22-inch x 34-inch
(full-size) and 11-inch x 17-inch (half size)format with black and white line work(and with
full-color aerial photo background which can be turned on or off as requested by CITY).
D) The ENGINEER's schematic design opinion of probable construction cost shall be based
on the quantities indicated on the ENGINEER's plans and on unit prices current at the time
of the cost opinion preparation.
E) ENGINEER shall, at request of CITY, transmit to CITY electronic copies of ENGINEER work
product components including but not limited to data, photos, images, text, designs,
cost opinions, etc. for project-related use by CITY including but not limited to project
budgeting, project coordination/communication, etc.
F) Prepare schematic design and cost opinion documents described above. Plan and other
documents shall be submitted in electronic pdf format.
G) Attend one (1) meeting (two-hour duration)with the CITY to review schematic design
and cost documents and obtain CITY input and guidance prior to proceeding with
preparation of 90%construction documents.
Attachment A—Scope of Services
Thomas Place and Edgewood Park Improvements
Page 2 of 4
4. 90%Construction Documents
ENGINEER shall perform the following tasks:
A) Prepare and submit 90%design documents for all anticipated park improvements to the
CITY for review, incorporating previous CITY review comments and input.
B) 90% design/construction documents will be required for:
a. design/construction plans
b. anticipated technical specifications (approximated final copies)
c. detailed opinion of probable costs
C) Attend a meeting with the CITY to discuss CITY review comments regarding the 90%
submittal and obtain CITY input prior to ENGINEER's preparation of 100%construction
documents.
5. 100%Sealed Construction Documents for Bidding
ENGINEER shall perform the following tasks:
A) Submit sealed and signed design documents for all park improvements to CITY for
bidding advertisement, incorporating previous CITY review comments and input.These
improvements shall include all of the elements from the previous task.
B) Bidding design/construction documents shall include the following:
a. Sealed design/construction plans
b. Seals Page for final technical specifications
c. Project Manual/Specifications
d. Final opinion of probable costs for all planned improvements.
6. Bid Phase Assistance
ENGINEER shall perform the following tasks:
A) prepare and submit written responses to bidder requests for information (RFI's),
through the CITY
B) attend pre-bid conference, in support of the CITY
C) assist the CITY with bid analysis, bid tabulation, and bid award recommendation.
7. Construction Phase Assistance
ENGINEER shall perform the following tasks:
A) attend the pre-construction conference, in support of the CITY
B) Review product submittals and shop drawings
C) attend on-site construction coordination/status meetings as requested by CITY
(minimum 1/month) during construction phase of project—for a total of 6 status
meetings
D) participate in final walk-through
E) Inspection of project improvements by a Texas Licensed RAS.
SPECIAL SERVICES
1.Topographic Survey(Thomas Place Park only)
Attachment A—Scope of Services
Thomas Place and Edgewood Park Improvements
Page 3 of 4
ENGINEER shall perform the following tasks:
A) Conduct a topographic survey of the Thomas Place Park property.
Survey shall include 1-foot contours, location and identification of single-trunk trees
with trunk diameter of 4 inches and greater, any tree with crown diameter of 8 feet or
greater, location/identification of surface/overhead/subsurface features, utilities, and
improvements. Datum shall be tied to a benchmark or datum designated by the CITY.
ENGINEER shall provide the survey to CITY in both AutoCAD and PDF electronic format
with both bearing the seal and signature of a Texas Registered Professional Land
Surveyor.
The following itemized surveying services are to be provided:
1. Establish horizontal and vertical control for the project.The horizontal control
shall be tied to NAD83, North Central Zone 4202, utilizing a scale factor of
1.00012, a minimum of six(6) control points will be set.The vertical control shall
be tied to City of Fort Worth vertical datum (unless directed otherwise by CITY);
a minimum of two (2)temporary benchmarks shall be set for construction.
2. Tie all improvements X, Y&Z (including but not limited to paving, trails, walks,
play equipment, storm drains, manholes, headwalls, lined swales/ditches,
trees). Provide flowline elevations of all sanitary sewer, storm drainage inlets
and manholes the cross the route.The survey shall also delineate the CITY park
dedicated property boundary, dedicated easements, and location and elevation
of the Tarrant Regional Water District flood easement.
3. Prepare a final design/topographic drawing in a digital format showing all features
located in the field, one-foot interval contours and a TIN file. Deliverables shall also
include a copy of the field notes, an ASCII coordinate file of all points located in the field
and a hard copy of the coordinates.
2. Accessibility Review for Compliance with Texas Accessibility Standards
ENGINEER shall perform the following tasks:
A) Provide plan review and final construction inspection by a Registered Accessibility
Specialist
CLARIFICATIONS AND EXCLUSIONS
1. Services and work products by ENGINEER beyond those specifically described above are not
included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to
performance of such services.
2. CITY shall provide review,coordination,and submittals related to tree preservation ordinance
requirements.
Attachment A—Scope of Services
Thomas Place and Edgewood Park Improvements
Page 4 of 4
Attachment B
Compensation
The services described in Attachment A Scope of Services shall be provided for a total lump sum
fee of$64,639.00. The overall fee total shown shall not be exceeded without prior written
authorization from the CITY.
Payment for the services described in Attachment A Scope of Services shall be invoiced to the
CITY monthly, based upon percentage completed for each task. Below is a fee breakdown by
task for the services described in Attachment A Scope of Services:
REFER TO FOLLOWING PAGES
Compensation
Thomas Place and Edgewood Park Improvements
Page 1 of 1
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Attachment C
Amendments to Standard Agreement for Engineering Related Professional Services
(No amendments ore required.)
Amendments to Standard Agreement for Engineering Related Professional Services
Thomas Place and Edgewood Park Improvements
Page 1 of 1
Attachment D
Schedule
Thomas Place Park and Edgewood Park
The design phase of this project is anticipated to be completed within four (4) months
(125 calendar days). Shown below is the anticipated time duration breakdown by task:
Notice to Proceed: April 7, 2022
30% Schematic Design: May 9, 2022 (33 calendar days)
90% Construction Documents: July 18, 2022 (70 calendar days)
100% Construction Documents: August 9, 2022 (22 calendar days)
125 calendar days total
Schedule
Thomas Place and Edgewood Park Improvements
Page 1 of 1
Attachment E
Project Location
—Thomas Place Park
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Project Location Map
Thomas Place and Edgewood Park Improvements
Page I of 2
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Project Location Map
Thomas Place and Edgewood Park Improvements
Page 2 of 2