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�, FCITY OF FORT WORTH, TEXAS
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fj DARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Freese and Nichols, Inc. authorized to do business in Texas,
(the "ENGINEER"), for a PROJECT generally described as: Synthetic Turf Replacement at
Gateway Park.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation shall be in the amount of$57,944.00 as set
forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) 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.
(2) The ENGINEER will issue monthly invoices 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 that portion so contested
City of Fort Worth,Texas
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CITY SECRETARY
FT.WORTH,TX
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(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
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension 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 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 in the same or similar locality and 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.
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(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.
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
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
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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.
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 not other
matters at issue between the CITY and the construction contractor that
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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.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. 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
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together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse 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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the
commercial umbrella, 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 policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of 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 $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
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i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights 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. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
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 specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, 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 thereon.
d. Any failure on part of the CITY to attach the required insurance
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documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation 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), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas 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 the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
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 interruption 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.
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m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of 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 respondeat 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
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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 City
Amendments to Article V, if any, are included in Attachment C.
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.
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E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at 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.
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(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER 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 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.
K. 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
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
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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
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
a.) for convenience only by the City on 30 days'written notice.
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 of 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.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
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.
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(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized 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 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
In accordance with Texas Local Government Code Section 271.904, 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, other than liability for damage to the extent caused
by or resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
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, including breach of contract or warranty, tort including
negligence, 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 ENGINEER,
and their officers, employees, agents, and subcontractors.
I. 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,
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Texas.
J. 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.
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 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.
Article VII
Attachments, Schedules and Counterparts
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This Agreement may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Duly executed by each party's designated representative to be effective on the date
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Revised Date:12.22.2016
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subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH Eivia1NEER
Fre e d Nichols, Inc.
S san Alanis Edmund Haas, AICP
Assistant City Manager Principal
Date: '7 / Z Date: 7/05/2017
APPROVAL RECOMMENDED:
By:
R hard Zavala
Dk ctor, Park and Recreation Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring al performance and reporting
requirem ts.
Scott Elenn
rict upri
Distentendent
i
City of Fort Worth,Texas
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Revised Date:12.22.2015
Page 16 of 17
APPROVED AS TO FORM AND LEGALITY
By:
Do las lack
Assistant City Attorney
Form 1295 No. N
ATTEST:
M&C No.: N/A
Ma J. r
City Secretary M&C Date: N/A
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OFFICIAL kL"k;K�RD
CITY SECRETd1RY
City of Fort Worth,Texas FT.WORTHS TX
Standard Agreement for Engineering Related Design Services
Revised Date:12.22.2016
Page 17 of 17
ATTACHMENT A
SCOPE OF SERVICES
GATEWAY PARK
RESURFACING OF THREE SYNTHETIC TURF FIELDS
June 28, 2017
PROJECT DESCRIPTION
Freese and Nichols, Inc. ("FNI")will perform professional design services for the City of Fort Worth
("City") for developing construction documents and a performance specification for resurfacing of
three synthetic turf fields at Gateway Park in Fort Worth, Texas. FNI will prepare final construction
documents for the three synthetic turf fields for the purpose of bidding the work in accordance
with City standards and budgets, as well as federal, state and local laws.
This scope of work includes professional topographic survey and landscape architectural design
services. The program for the three synthetic turf fields, scope of work and fee schedule is based
upon the construction budget to be determined by the City as discussed in a meeting with FNI on
June 6, 2017.
TASK 1 -TOPOGRAPHIC SURVEY
A. HORIZONTAL & VERTICAL CONTROL
Locate visible surface features within the project area as shown on Attachment D
and being more specifically detailed below:
• Control for the FNI provided Gorrondona survey will be located and
converted to NAD83
• 4 control points and 1 benchmark will be established for this project. City
of Fort Worth geodetic control network will be used to establish NAD 83
coordinates.
• Horizontal and vertical control points will be set at 500' intervals within the
project area. Where possible, control monumentation shall be located
sufficiently away from the project limits so as not to be disturbed by
construction activities.
• 5/8" iron rods with cap and/or mag nails will be used as the control
material.
B. TOPOGRAPHIC DESIGN SURVEY
Perform an on the ground survey under the direct supervision of a Registered
Professional Land Surveyor.
Included in this item:
• Spot shots will be collected at the permanent soccer and field goals
• Spot shots will be collect at all points indicated with a red dot on
Attachment D
• DTM generated contours shall have one-foot minor and five-foot major
intervals.
• XML surface file, defining the AutoCAD Civil 3D surface
• Point File: A comma delimited ASCii file showing point number, northing,
easting, elevation and description shall be provided for all data collected
on this project.
• Field Sketches and Site Pictures: Applicable field sketches and site
photographs depicting any special field information shall be provided in
digital form.
C. ADDITIONAL SURVEY SERVICES
Abstracting services, additional project footage, construction staking services,
SUE Level C&D, public and private franchise alignments, sub-surface utility
investigation, SUE test hole and marker locations, and soil borings are not
included in this scope of work.
TASK 2 -CONSTRUCTION DOCUMENTS
A. BASE MAPPING AND SYNTHETIC TURF FIELD RESEARCH
1. FNI will utilize the topographic survey information for Gateway Park. The
City will also provide FNI any readily available information required to
perform this Scope of Services for on-site and off-site conditions including,
but not limited to: above and below ground utilities; easements; property
lines; right-of-ways, subdivision layouts, roadways, vegetation,
soils/geotechnical information, hydrology/drainage information, etc. Should
any additional site survey information be necessary, the City will be
responsible for providing this to FNI.
2. Plan and participate in two (2) Stakeholder Meetings, with City Staff only,
to discuss synthetic turf field options and the longevity and maintenance
for each proposed system. The consultant will schedule, host, and be
responsible for conducting both Stakeholder Meetings. Consultant will
prepare the presentation and meeting minutes and submit them to the
OWNER's project manager for review and will present the presentation
materials for the project.
3. Once a product manufacturer is selected by the client, FNI will move into
the Design Development phase of the project.
Task A Deliverables:
Synthetic turf field — Product Manufacturer Information
B. DESIGN DEVELOPMENT
1. Based upon approved Product Manufacturer from the City, FNI will prepare
Design Development drawings for the three synthetic turf fields. The
Design Development drawings will be prepared at an approximate 50%
level of completion of Construction Documents.
2. The City will provide to FNI all front-end documents, contracts, insurance
requirements, general conditions, etc. for use by FNI in preparing the
specifications and contract documents.
3. Based upon the Design Development drawings, FNI will prepare a 50%
completion cost estimate for the proposed synthetic turf field
improvements.
4. FNI will prepare a preliminary Table of Contents for the specifications and
contract documents.
5. FNI will meet with the client to review and discuss the Design Development
drawings, Cost Estimate and Table of Contents for the specifications and
contract documents.
6. The City will provide, in writing, to FNI all review comments for the Design
Development drawings submittal. FNI will obtain these comments and
approval from the City prior to proceeding into the final construction
documents.
Task B Deliverables:
• Design Development drawings
• Table of Contents for contract documents booklet
• Design Development Cost Estimate
C. FINAL CONSTRUCTION DOCUMENTS
1. Based upon approval of the Design Development drawings from the City,
FNI will prepare 95% Construction Document drawings for the three
synthetic turf fields. The Construction Document drawings will be
prepared at an approximate 95% level of completion of Construction
Documents.
2. Based upon the 95% Construction Documents, FNI will prepare a final
cost estimate for all three synthetic turf fields.
3. FNI will meet with the client to review and discuss the 95% Construction
Documents and cost estimate. The City will provide FNI final, written
comments for all revisions requested to the Final Construction
Documents.
4. Based upon the final written comments received from the City, FNI will
prepare final 100% Construction Documents for the City to utilize in
bidding the project.
Task C Deliverables:
95% Construction Documents
100% Construction Documents — (1) Mylar copy will be provided to the City for
distribution internally
D. BID PHASE
1. FNI will attend a pre-bid meeting with City representatives and the potential
bidders.
2. FNI will prepare addendum(s), if required, during the bid phase.
3. FNI will assist the City in reviewing the Contractor's bids and providing a
Bid Tabulation and a recommendation to the City for award of contract.
Task D Deliverables:
• Bid Tabulation
• Review of contractor's bids and letter of recommendation for award of contract
E. CONSTRUCTION ADMINISTRATION
1. Upon completion of the bid phase services, FNI will proceed with the
performance of construction phase services as described below. FNI will
endeavor to protect the City in providing these services. However, it is
understood that FNI does not guarantee the Contractor's performance, nor
is FNI responsible for supervision of the Contractor's operation and
employees. FNI shall not be responsible for the means, methods,
techniques, sequences or procedures of construction selected by the
Contractor, or any safety precautions and programs relating in any way to
the condition of the premises, the work of the Contractor or any
Subcontractor. FNI shall not be responsible for the acts or omissions of any
person (except its own employees or agents) at the Project site or
otherwise performing any of the work of the Project.
2. FNI will assist the City by attending a pre-construction meeting, and a
maximum of two (2) 2-hour progress meetings during construction to
evaluate completion of work by the Contractor. Should the number of
required meetings or the amount of meeting time increase, such time can
be provided by FNI as an additional service as requested and approved by
the City in writing. The City will be responsible for the day-to-day
administration of the construction contract.
3. FNI will prepare a written Field Report as necessary for meetings attended
during the construction of the project.
4. FNI will process submittal and shop drawing reviews as submitted by the
Contractor during the construction process.
5. FNI will assist the City in attending one (1) final project walk-through
meeting with the Contractor and his subcontractors to review the
completion of work. FNI will provide written comments to the City for the
preparation of a final "punch list" for work to be completed by the
Contractor.
Task E Deliverables:
• Field reports for progress meetings/reviews as necessary
• Processing of submittals and RFI's
• Final punch list from the final project walk-thru
ASSUMPTIONS
A. The City has designated the following program summary that was identified for
Gateway Park on June 6, 2017 during a scoping meeting with FNI and the City.
The program for the improvements is to identify a product manufacturer for the
three existing synthetic turf fields and to provide construction documents for the
improvements. Should this program and its associated budget increase
substantially, as solely determined by the City, or should the City require a
significant number of alternate program and bid items to be included in the
construction document package, FNI and the City staff will re-evaluate this scope
of work and determine the basis of compensation in accordance with revisions to
the design services.
B. The City will provide as expeditiously as possible all readily available base
information that it currently has in its possession, necessary to complete the
Scope of Services described herein. Should FNI need any additional survey
information, the City will provide this information to FNI. Any information required
to complete this Scope of Services that cannot be readily provided by the City will
remain the responsibility of the City. All such information shall be provided to FNI
and any costs associated with acquisition of information will be borne by the City.
C. Other than those identified in this contract, no additional public meetings and/or
presentations are provided within this Scope of Services.
D. The City will pay for all required governmental processing fees and public notice
advertising costs.
E. This Scope of Services does not include water permitting related to the following
agencies: U.S. Army Corps of Engineers 404 or 408 Permitting; Federal
Emergency Management Agency (FEMA) map revision preparation and
processing; Texas Commission on Environmental Quality (TCEQ) permits or
applications with exclusions.
F. It is anticipated that the three synthetic turf fields improvements will be prepared
as one bid package. If additional bid packages are required by City for phasing
breakouts, FNI will re-evaluate the scope of services to address additional fees
not covered in this scope of work.
ATTACHMENT B
COMPENSATION
GATEWAY PARK
June 28, 2017
I. BASIS OF COMPENSATION
The cost for performing these services set forth herein will be as follows:
Special Services
Task 1 -Topographic Survey (Lump Sum)..........................................................................$3,608
Total - Special Services.....................................................................................................$3,608
Basic Design Services
Task 2 - Construction Documents
Base Mapping and Synthetic Turf Field Research (Lump Sum)............................$10,860
Design Development (Lump Sum).........................................................................$12,171
Final Construction Documents (Lump Sum) ..........................................................$18,850
Bid Phase (Lump Sum)............................................................................................$2,527
Construction Administration (Lump Sum) ................................................................$8,398
Total - Basic Design Services.........................................................................................$52,806
Reimbursable Expenses (Not-to-Exceed)............................................................................$1,530
GRAND TOTAL—Special Services, Basic Design Services, and
Reimbursable Fee (Lump Sum, Not-to-Exceed).............................$57,944
Reimbursable Expenses will be additional to the Basic Design Services cost.
II. PROJECT SCHEDULE
The 100% Construction Documents for Gateway Park will commence after CONSULTANT
receives authorization and notice-to-proceed from the OWNER, and the services will be
completed as outlined in Attachment C.
III. ADDITIONAL SERVICES
Additional Services, not included in this Scope of Services, will be negotiated with the City as
necessary. Compensation will be based upon either a mutually agreed lump sum fee or on an
hourly basis. Items which would be considered Additional Services could include: additional site
surveying, geotechnical investigation, design of additional program items beyond what has been
identified by the City for the Synthetic Turf Field improvements, alternate bid items, additional
meetings with City Staff and/or presentation to other groups, additional site visits during
construction activity, etc.
ATTACHMENT C
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
GATEWAY PARK
RESURFACING OF THREE SYNTHETIC TURF FIELDS
June 28, 2017
Not applicable at this time.
ATTACHMENT D
PROJECT SCHEDULE
GATEWAY PARK
RESURFACING OF THREE SYNTHETIC TURF FIELDS
June 28, 2017
Notice to Proceed—July 2017
Kick Off Meeting w/City Park& Recreation Staff—July 2017
A. TOPOGRAPHIC SURVEY
• Topographic Design Survey—July 2017
B. BASE MAPPING AND SYNTHETIC TURF FIELD RESEARCH
• Base Map
• Stakeholder Meetings (2)to Discuss Synthetic Turf Field Options(July 2017)
C. DESIGN DEVELOPMENT
• 50% CD Submittal and Cost Estimate to City Park &Rec. Staff(August 2017)
• Client Review Meeting (August 2017)
D. FINAL CONSTRUCTION DOCUMENTS
• 95% CD Submittal and Final Cost Estimate to City Park& Rec. Staff(September 2017)
• Client Review Meeting (September 2017)
• Submittal to City's Development Services Department(September 2017)
• 100% CD Submittal to City Park & Rec. Staff(September 2017)
• Submission of Construction Documents for TDLR Review (September 2017)
E. BID PHASE & CONTRACT AWARD (Final dates to be set by City Park& Rec. Stan)
• 1 st Advertisement for Bid by City—(September 28, 2017)
• Pre-Bid Conference—October 10, 2017)
• 2nd Advertisement for Bid by City—(October 12, 2017)
• Bid Opening—(October 26, 2017)
• Review Bids
• Award Contract—(November 2017)
• Contractor's Notice to Proceed from City—(December 2017)
F. CONSTRUCTION ADMINISTRATION
• Construction Phase (December 2017-March 2018)
Notes:
1. Bold dates represent Critical Meeting and/or City Staff Review Schedule.
2. 1 dates represent plan submittals.
3. Schedule is contingent upon timely review of submittals by City Staff.
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