HomeMy WebLinkAboutContract 50569 CITY SECRETARY --
CONTRACT NO.
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 Freese and Nichols, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Alliance Park Phase I & 11.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to$623,793.00 as set
forth in Attachment B.
B. 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, whichever occurs first.
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 1, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
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(4) , In the event of a disputed or contested billing, only that portion so contested
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.
City of Fort Worth,Texas Alliance Park Phase I&II
Standard Agreement for Engineering Related Design Services City Project No.:100333
Revised Date:11.17.17
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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 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
City of Fort Worth,Texas Alliance Park Phase I&II
Standard Agreement for Engineering Related Design Services City Project No.:100333
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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 affect the
amount that should be paid.
H. Record Drawings
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Revised Date:11.17.17
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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 goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a 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 together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
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(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 additional 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.
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
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Standard Agreement for Engineering Related Design Services City Project No.:100333
Revised Date:11.17.17
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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 — 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
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, 200
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Standard Agreement for Engineering Related Design Services City Project No.:100333
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Texas, 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.
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
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Standard Agreement for Engineering Related Design Services City Project No.:100333
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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 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
City of Fort Worth,Texas Alliance Park Phase I&II
Standard Agreement for Engineering Related Design Services City Project No.:100333
Revised Date:11.17.17
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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.
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
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Standard Agreement for Engineering Related Design Services City Project No.:100333
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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.
(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 may secure Builders Risk/Installation insurance 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.
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Standard Agreement for Engineering Related Design Services City Project No.:100333
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(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
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
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Standard Agreement for Engineering Related Design Services City Project No.:100333
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obligations hereunder.
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.) 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.
(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,
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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 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. 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. 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,
City of Fort Worth,Texas Alliance Park Phase I&II
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ENGINEER shall provide CITY with copies of all 1-9 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.
L. Prohibition on Contracts with Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, 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 ENGINEER: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the contract.
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
City of Fort Worth,Texas Alliance Park Phase 18 II
Standard Agreement for Engineering Related Design Services City Project No.:100333
Revised Date:11.17.17
Page 15 of 16
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
Fernando Costa Wendy Sh;kb y
Assistant City Manager Principal & ice-President
Date: 3f29�iS Date: `�3r
PPROVAL R O E A T T ST:
Rhard Zavala
Di ctor, Park & Recreation Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
includingnsuring all performance and
repo ' g equirements.
B ness
La itect,
Park & Recreation Department
APPR E S TO FORM AND LEGALITY:
Doug lack
Senior City Attorney
AT EST: OR Form 1295 No.:
f
M&C No.:
ry J. ItA,
s jr =2
City Sec tary * M&C Date:
OFFICIAL RECORD
CITY SECRETARY
INOUNI TX
City of Fort Worth,Texas Alliance Park ilhase I&II
Standard Agreement for Engineering Related Design Services .:100333
Revised Date:11.17.17
Page 16 of 16
ATTACHMENT "A"
PROPOSAL FOR PROFESSIONAL SERVICES
FOR
Alliance Park Phase I & II
Ft. Worth, Texas
March 22, 2018
I. PROJECT DESCRIPTION
Freese and Nichols, Inc. ("FNI")will perform professional design services forthe City of FortWorth
("CITY")for developing construction documents for the park improvements at Alliance Park in Fort
Worth,Texas. FNI will prepare final construction documents for the park improvements for bidding
the work in accordance with CITY standards and budgets, as well as federal, state and local laws.
This scope of work includes professional survey, landscape architectural, and engineering design
services. The program for the park improvements, scope of work and fee schedule is based upon
Phase 1 and Phase 2 of the Alliance Park Masterplan adopted by the City of Fort Worth on
November 15th 2017, as shown and listed in "Figure A" in Attachment E. The professional
services regarding this masterplan are as followed:
II. BASIC DESIGN SERVICES
1. MANAGEMENT/COORDINATION/COMMUNICATION
A. Attend a kick-off meeting with the CITY to review the project scope,
schedule, deliverables, and expectations.
B. Manage and coordinate the FNI design team and sub-consultant(s)
throughout the project.
C. Communicate regularly by phone and email with the CITY.
D. Participate in planned meetings and/or phone conferences with the CITY as
required.
E. Provide the CITY with a project status report and current project schedule on
the last business day of each month, throughout the project timeline.
2. BASE MAPPING/PROJECT DATA/SITE VISIT/REVIEW
A. Gather and review available relevant project data provided by CITY and
other sources.
B. Visit the project site area(s) to observe, note, and photographically document
existing conditions, detailed as necessary for completion of the project.
C. Provide and/or produce a base map of the project site area, that includes
existing site conditions, a color aerial, and topographic survey data (see
Special Services.) Should any additional site survey information be necessary,
the CITY will be responsible for providing this to FNI.
D. Attend a meeting with the CITY to review and discuss collected project data,
existing site conditions, the base map, park improvement program and
specifically define the CITY'S goals for the park development. This meeting
will also confirm the final budget allocation by the CITY for the construction of
the park improvements.
Task 2 Deliverables:
Existing Conditions Base Maps
Park Development Program
Preliminary Program Budget Projections
3. DESIGN DEVELOPMENT(50% CONSTRUCTION DOCUMENTS)
For this scope, the design/construction documents shall plan and instruct the
installation of park improvements, as based on the attached Alliance Park Master
Plan. Phase I & 11 improvements shall include the following elements within the
boundary shown in "Figure A" in Attachment E and listed below:
■ Detailed site grading.
• Stormwater drainage structures.
■ Site utilities and connections.
■ 24' wide asphalt park access drive from southern Litsey Road R.O.W to
end of the access drive at the southernmost parking area.
■ One (1) vehicular bridge assumed to be 75' in length.
■ Two (2) concrete parking areas with approximately 210 parking spaces.
■ 8' — 10' wide concrete trail approximately 3000 LF in length.
■ One pedestrian bridge assumed to be 45' in length.
■ 6' wide site pavement to adequately provide accessibility to all park
improvements.
■ Four (4) lighted and irrigated soccer fields(330' x 210')
■ One (1) 24'x 24' metal pavilion w/ structural slab to accommodate four(4)
8' length accessible picnic tables.
■ One (1) accessible playground (prototype provided by CITY.)
■ Four(4) picnic tables, on concrete pads.
■ Seven (7) park benches on concrete pads.
■ Landscape restoration plantings.
■ One (1) Interpretive signage design for location at multiple locations.
■ One (1) park entry sign with structural foundation.
■ Two (2) Multi-Use sports courts.
■ 6.8 Acre pond w/ mechanical equipment, spillway, and channel.
A. Based upon approval of the Preliminary Design Concept plan from the CITY,
FNI will prepare Design Development drawings for the proposed park
improvements. The Design Development drawings will be prepared at an
approximate 50% level of completion of Construction Documents.
B. 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.
C. Based upon the Design Development drawings, FNI will prepare a 50%
completion cost estimate for the proposed park improvements.
D. FNI will prepare a preliminary Table of Contents for the specifications and
contract documents.
E. FNI will submit the Design Development drawings, Cost Estimate and Table
of Contents for the specifications and contract documents to the CITY staff
for review and approval.
F. The CITY will forward, 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.
G. FNI will Attend a meeting with the CITY to discuss CITY review comments
regarding the 50% submittal and obtain CITY input.
Task 3 Deliverables:
Design Development Drawings
Table of Contents for contract documents booklet
Design Development Cost Estimate
4. FINAL CONSTRUCTION DOCUMENTS (75%, 95%, & 100%)
A. Based upon approval from the CITY for the Design Development drawings
submittal, FNI will prepare final Construction Documents at an approximate
75% level of completion. The Construction Documents will be comprised of
both the drawings and the specifications and contract documents.
B. FNI will submit the 75% Construction Documents to the CITY staff for final
review and comments. The CITY will provide FNI final, written comments for
all revisions requested to the 75% Construction Documents.
C. FNI will Attend a meeting with the CITY to discuss CITY review comments
regarding the 75% submittal and obtain CITY input prior to FNI's preparation
of 95% construction documents.
D. Based upon the final written comments received from the CITY, FNI will
prepare 95% Construction Documents for the CITY. These documents will
require a Mylar cover sheet (template provided by the CITY.) These
documents shall be considered ready for bidding.
E. FNI will incorporate any remaining comments and input from CITY regarding
the 95% submittal prior to FNI's submittal of final 100% construction
documents for bidding advertisement by CITY.
F. Submit 100% construction documents for all anticipated Phase I and Phase
II Improvements to CITY for bidding advertisement, incorporating previous
CITY review comments and input. These improvements shall include all the
elements from the previous task.
G. FNI will submit the final Construction Documents to a Registered
Accessibility Specialist (RAS) for the required accessibility review per the
Texas Department of Licensing and Regulation (TDLR). The accessibility
review will include compliance with TAS and ADA requirements. Fees
associated with this review will be included as a reimbursable expense.
Task 4 Deliverables:
75% Construction Documents (Plans& Specs)
95% Construction Documents (Plans& Specs)
100% Construction Documents (Plans& Specs)
Submission of Construction Documents to RAS for TDLR review
5. BID PHASE ASSISTANCE
A. FNI will prepare and submit written responses to bidder questions, and issue
addendum(s), if required, during the bid phase.
B. FNI will assist the CITY in reviewing the Contractor's bids.
Task 5 Deliverables:
Bidder Responses
Addenda as Needed
6. CONSTRUCTION PHASE ASSISTANCE
A. 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.
B. FNI will assist the CITY by attending a pre-construction meeting.
C. FNI will attend eighteen (18) 2-hour, on-site construction coordination/status
meetings as requested by the CITY A Written Field Report for meetings
attended during the construction of the project will be prepared. 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.
D. FNI will process submittal and shop drawing reviews as submitted by the
Contractor during the construction process. After the CITY has reviewed the
requested items for payment by the contractor, FNI will review the monthly
pay application and then forward to the CITY with the appropriate
recommendation.
E. FNI will assist the CITY in attending two (2) final project walk-through
meetings 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 6 Deliverables:
Field reports for progress meetings/reviews as necessary
Processing of submittals and RFI's
Final punch list from the final project walk-thru
7. STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A. In conjunction with the completion of the Final Construction Documents, FNI
will prepare a Storm Water Pollution Prevention Plan (SWPPP) for the
proposed site. The document will be written to comply with the requirements
of the Texas Commission on Environmental Quality (TCEQ) Texas Pollutant
Discharge Elimination System (TPDES)general permit for storm water runoff
from construction activity (TXR150000). It will also consist of an erosion
control and plan along with a narrative defining site parameters and
techniques, accompanied by a checklist outlining the necessary steps that the
Primary Operator must complete to apply for authorization under this permit.
Any other environmental engineering services would be additional services.
Task 7 Deliverables:
Three copies of the SWPPP reference document.
III. SPECIAL SERVICES
B. TOPOGRAPHIC SURVEY
Perform an on the ground survey under the direct supervision of a Registered
Professional Land Surveyor. Topographic survey of the Phase I and II site areas
as required for project design depict project area limits on "Figure C" in
Attachment E.
A. The CITY will provide a current boundary survey and any information for
the existing site, if readily available.
B. Survey shall tie to a X, Y & Z coordinate system, all existing
site improvements and features, such as: 1-foot contours, site drainage
improvements, fencing, above ground and other existing at grade
constructed features.
C. Location and identification of trees with a trunk diameter of 8 inches (and
greater), within 50 feet of the project area limits.
D. Location and identification of all overhead/surface/utilities. Provide
flowline elevations of all sanitary sewer and storm drainage structures
located within the project area limits.
E. Establish (3) three on site control points around the site for use in the
layout and dimensioning drawings. Horizontal values for these points will
be provided as Grid Coordinates based on Texas State Plane Coordinate
System — NAD 83, North Central Zone 4202 and vertical values will be
based on the vertical datum of the City of Fort Worth's benchmark control
network. A minimum of three (3) temporary benchmarks shall be set for
construction. Control points set will consist of 5/8-inch rebar with plastic
caps and boxes with "X"s cut in existing concrete structures.
Task 8 Deliverables:
AutoCAD (2010 version) file of the topographic survey
Adobe Acrobat readable pdf file of the topographic survey
Adobe Acrobat readable pdf file of field notes
ASCII coordinate file of all points surveyed
Adobe Acrobat readable pdf file of all points surveyed
Items not included are the location, common name and trunk diameter of trees less
than 8-inches in caliper, boundary surveying, Right-of-Entry efforts for private
property, subsurface utility engineering services and location of irrigation/sprinkler
control valves.
9. SCHEMATIC MASS GRADING PLAN
A. FNI will provide a mass grading schematic site plan for the portion of the
adopted masterplan as shown on"Figure B" in Attachment E. Site grading
will utilize existing 1'contour intervals from both the topo survey as outlined
in this contract and survey data obtained during the previous masterplan
phase. Cut/Fill analysis will be provided with the schematic grading plan.
Task 9 Deliverables:
One(1) Adobe pdf of the grading plan with cut/fill calculations.
AutoCAD Civil 3d (2010 version) file of the grading plan.
10. ENVIRONMENTAL ANALYSIS
The discharge of dredged or fill materials into waters of the U.S. will require
authorization under Section 404 of the Clean Water Act. FNI assumes that
potential waters of the U.S. (i.e., potentially jurisdictional waterbodies) are within
the proposed project area. Accordingly, FNI assumes coordination with the U.S.
Army Corps of Engineers (USACE) about the jurisdictional status of the
waterbodies will be needed prior to a potential submittal of a Section 404 permit
application or a preconstruction notification (PCN).
If a Nationwide Permit with a PCN or other type of Section 404 permit authorization
from the USACE (e.g., Individual Permit) is required for the proposed project, then
those services can be provided upon approval by the OWNER as an additional
service.
FNI will render the following professional services, with the development of the
Project, as follows:
1. Gather and Review Existing Information—Prior to conducting a pedestrian
survey, FNI will coordinate with the project design engineer, compile readily
available information, and prepare maps of the proposed project area. The
types of information that will be gathered will include, but are not limited to,
U.S. Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish
and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps,
the USGS National Hydrography Dataset(NHD), USFWS Threatened and
Endangered Species Lists by County, and soils data within the proposed
project area.
2. Conduct Pedestrian Survey and Prepare Site Visit Memorandum—FNI will
conduct a pedestrian survey of the proposed Phase 1 project area to make
observations to document existing environmental conditions and assess
potential project impacts. The presence and locations of potential waters
of the U.S., including wetlands, potential threatened/endangered species
habitat, and vegetation cover types will be identified within the proposed
project area. Information gathered during the pedestrian survey will be
used to prepare an environmental site visit memorandum. The
environmental site visit memorandum will include discussions of
methodologies used, the potential to affect federally listed threatened or
endangered species, the hydrologic characterization of potential waters of
the U.S., and an opinion on their jurisdictional status.
3. Coordinate with Project Design Engineers— Utilizing information gathered
during the pedestrian survey, FNI's environmental scientists will review
plans and coordinate with project design engineers and architects to
minimize potential environmental permitting requirements.
4. Coordination with Texas Historical Commission — Projects sponsored by a
political subdivision of the State (like cities) that affect a cumulative area
greater than five acres or that disturb more than 5,000 cubic yards require
consultation with the Texas Historical Commission (THC) according to
Section 191.0525 (d) of the Antiquities Code of Texas. FNI will draft a
consultation letter to the Texas Historical Commission (THC)for OWNER's
review and comment. FNI will incorporate OWNER's comments and submit
the consultation letter to the THC. Any follow up studies or coordination
requested by the THC, outside of an Archeological Survey, are not included
in this scope of services, but can be provided upon written authorization,
as an additional service.
5. Meeting with U.S. Army Corps of Engineers — FNI will prepare for and
attend up to one pre-application meeting with the Fort Worth District
USACE. The purpose of this meeting will be to discuss the proposed
project with regulatory staff to determine potential permitting requirements
and submittal requirements for a request for USACE Jurisdictional
Determination.
6. Jurisdictional Determination Report and Approved Jurisdictional
Determination Request — FNI will prepare a Jurisdictional Determination
(JD) report for submittal to the Fort Worth District USACE based on the
findings of the pedestrian survey. The JD report will follow Fort Worth
District JD report procedures supported by figures and photographs. The
report will also include discussions of methodologies used, site
descriptions, hydrologic characterizations, locations of floodplains,
descriptions of upland and wetland vegetation, soil characteristics, and
riparian areas. An Approved Jurisdictional Determination (AJD) request on
the standard "Request for Corps Jurisdictional Determination (JD)" (RGL
16-01) form will be included with the JD report. A draft JD report and AJD
request will be submitted for OWNER's review and comment. FNI will
incorporate OWNER's comments and submit the consultation letter to the
USACE.
7. Site Visit with U.S. Army Corps of Engineers — FNI will prepare for and
attend up to one site visit with the Fort Worth District USACE regulatory
staff as part of the AJD request process
8. Prepare Environmental Permitting Memorandum — Information gathered
during the pedestrian survey, consultation with the THC, consultation with
the USACE, and coordination with the design engineers will be used to
prepare a draft environmental permitting memorandum. The draft
environmental permitting memorandum will include discussions of
methodologies used, the potential to affect federally listed threatened or
endangered species, conclusions of the THC coordination, conclusions of
the USACE coordination, the hydrologic characterization of potential
waters of the U.S., and their jurisdictional status. The draft environmental
permitting memorandum will also include a discussion of how the proposed
project can be configured to meet the terms and conditions of a nationwide
permit without requiring a PCN, if applicable. The draft environmental
permitting memorandum will be sent to the OWNER for review and
comment. Once comments are received, the environmental permitting
memorandum will be finalized and delivered for the OWNER's records.
11. FLOODPLAIN ANALYSIS
The majority of the project area is located within a mapped FEMA floodplain
associated with Henrietta Creek. To meet CITY and FEMA requirements, a
hydraulic analysis of the proposed park grading will be performed. The following
items will be performed in this task:
A. FNI will Collect existing hydraulic models of Henrietta Creek including a
City of Fort Worth model and a FEMA model. If unavailable from the CITY
or FEMA, the models will be requested from engineering companies
associated with projects in the area. If models cannot be located, additional
effort may be required to develop them.
B. FNI will Collect available LIDAR topographic data of the area from the
Texas Natural Resources Information System and extend and/or
supplement the model with additional cross sections upstream of Litsey
Road which is the upstream limit of the FEMA studied reach. Other model
parameters based on CITY criteria and standard practices will be
adjusted.
C. FNI will create alternate model runs to reflect the proposed grading
changes and compare the results of the model against CITY and FEMA
criteria. It is assumed the grading will need to demonstrate no-rise in
water surfaces due to the adjacent insurable structures.
D. FNI will Prepare and submit a Floodplain Development Permit to the City
of Fort Worth. The application will include an explanatory memorandum
and exhibits as required. FNI will revise the permit application to address
One (1) round of review comments.
12. GEOTECHNICAL INVESTIGATION
Subsurface soil, rock and groundwater conditions on the site to depths that would
be significantly affected by foundations. Engineering characterization of the
subsurface materials encountered. Typical foundations suitable for support of the
proposed project. Data required for design of typical foundation systems for the
project. Typical pavement sections based on the 2015 City of Fort Worth
Transportation & Public Works Department Pavement Design Standards Manual.
Recommendations regarding earthwork, including grading and excavation,
backfilling and compaction, the treatment of in-place soils for the support of
foundations, pavement and possible construction problems reasonably to be
expected. Site location of proposed borings are depicted on "Figure D" in
Attachment E.
Structure Number and Depth of Borings:
• Vehicle Bridge One (1) boring to 50 ft
• Pond Site One (1) boring to 50 ft
• Pavilion One (1) boring to 20 ft
• Pavement for Streets and Parking Lots Two (2) borings to 10 ft"
*Borings from the bridges and pavilion will also be used for the pavement
evaluation.
At the completion of drilling operations, boreholes will be backfilled and plugged
with soil cuttings, and any pavement that is penetrated will be patched with similar
material. Settlement of boreholes may occur over time. FNI shall not be
responsible for any settlement of boreholes that may occur after initial backfilling.
The number and depth of the test borings required to obtain the necessary field
data may vary depending on the actual soil and/or rock conditions encountered. If
unusual subsurface conditions are encountered and alternate field work is
indicated, we will consult with the client prior to initiating any additional services.
Please note, regardless of the number of borings performed subsurface conditions
between borings may vary.
The study will also include laboratory tests to evaluate the classification, gradation
and certain physical characteristics of the subsurface soils. The specific types and
quantities of tests will be determined based on soil/rock conditions encountered in
the borings. Our laboratories are fully equipped with modern equipment for soil
and rock testing and tests are performed by trained qualified technicians in
compliance with the applicable specifications. Field exploration programs are
conducted with drilling equipment operated by experienced and reliable drillers. All
field and laboratory staff are supervised by professional engineers.
Results of the field exploration and laboratory tests will be utilized in the
engineering analysis and the formulation of our recommendations. Results of our
study, including the substantiating data and our recommendations, will be
presented in a written report prepared by a Licensed Professional Engineer.
13. SUE
The scope of this proposal includes Quality Level "A" and "B" SUE. Utilities to be
designated include gas, telecommunications, electric, storm, water and sanitary
sewer. Designating will be performed within the limits as indicated in the
attached "Figure C" in Attachment E. Ten (10) QL"A"test holes will be included
in the budget. Test hole locations will be determined once the QL"B" SUE
deliverable has been reviewed. It assumed that all designating marks and test
holes will be surveyed as part of this scope. Any necessary Right-of-Entry (ROE)
permits will be provided by CITY prior to the start of field work.
14. ARCHEOLOGICAL SURVEY
Prior to beginning any field work, a Texas Antiquities Permit will be obtained from
the Texas Historical Commission (THC). This permit is required for any work in
which the sponsor or landowner is an entity of the state. Submission of this
permit application will require the signature of a City of Fort Worth representative.
Conduct a Phase I intensive pedestrian survey. Survey standards will meet the
minimum requirements accepted by the THC (n.d.), as set forth in Chapter 26 of
the Texas Antiquities Code (TAC). The purpose of a Phase I investigation is to
identify cultural resources in the project area and make recommendations about
their significance. This scope of work does not include Phase II testing or Phase
III mitigation tasks or costs, but these may be necessary to satisfy the THC if
sites are found and cannot be avoided.
If artifacts are found during the survey, they will be analyzed, either in the field or
in the ARC lab. The results of this analysis will be used to support the overall and
site-specific recommendations in the technical report.
Prepare a draft technical report. This report will meet the standards for cultural
resource reports adopted by the THC (Council of Texas Archeologists n.d.). The
report will describe the natural and cultural history of the project area, present a
research design and methodology, then the results of the survey. It will conclude
with recommendations about site eligibility (if applicable) and whether further
archaeological work should be conducted in the project area. These
recommendations will include appropriate justifications based on the
requirements of 13 TAC 26.5 and 13 TAC 26.20. Once approved by the THC, the
final report will be printed, and the necessary copies will be submitted to CLIENT
and the THC.
IV. ASSUMPTIONS
A. The CITY has designated the following program listed above. 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. No platting services are included in this Scope of Services.
F. No additional mass grading studies are included other than the required
site grading for the proposed park improvements with in the project limits
depicted in "Figure A", and the schematic mass grading plan area
depicted in "Figure B". Both figures are located in Attachment E.
G. This Scope of Services does not include water permitting related to the
following agencies: U.S. Army Corps of Engineers 404 Permitting;
Federal Emergency Management Agency (FEMA) map revision
preparation and processing; Texas Commission on Environmental Quality
(TCEQ) permits or applications with exclusions.
H. It is anticipated that the park design will be prepared as one package for
submittal to the CITY. If additional drawing 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.
1. The goal for development within the flood plain is to what would be
considered "no-rise". It is assumed a Letter of Map Revision (LOMR)
submittal will not be a requirement of the permit. A LOMR submittal is an
additional service not included in this scope.
J. It is assumed the Project delivery method for this project will be CMAR
(Construction Manager At Risk.) FNI will coordinate with CMAR through
CITY. FNI will not prepare any cost estimating beyond the 50% level
outlined above. CITY will provide FNI with any Cost estimating prepared
by CMAR during subsequent design phases.
Alliance Park Phase I & II
March 22, 2018
I. BASIS OF COMPENSATION
The cost for performing these services set forth herein will be as follows:
Basic Design Services
Task 1 —Management/Coordination/Communication (Lump Sum)...................................$48,781
Task 2—Base Mapping/Project Data/Site Visit (Lump Sum)............................................$16,120
Task 3- Design Development (50% CDs) (Lump Sum) ........................................... $91,934
Task 4— Final Construction Documents (Lump Sum) ............................................$194,016
Task 5—Bid Phase Assistance(Lump Sum) ...........................................................$8,283
Task 6—Construction Phase Assistance (Lump Sum) .............................................$29,650
Task 7—Storm Water Pollution Prevention Plan (SWPPP) .........................................$4,617
Total — Basic Design Services ...................................................................................$32,3x462".
Special Services
Task 8—Topographic Survey (Lump Sum) ...........................................................$85,000
Task 9—Schematic Mass Grading Plan (Lump Sum) ...............................................$9,966
Task 10—Environmental Analysis (Lump Sum) .....................................................$32,033
Task 11 —Floodplain Analysis (Lump Sum) ..........................................................$18,573
Task 12 —Geotechnical Investigation (Lump Sum) ...................................................$8,000
Task 13—SUE (Lump Sum) ...............................................................................$35,200
Task 14—Archeological Survey (Not-to-Exceed) ......................................................$9,000
Total -Special Services...............................................................................................$197,772 r=
Sub-Consultant Mark-up 10%............................................................................................$24,995
Reimbursable Expenses (Not-to-Exceed) ..........................................................................$7,625
GRAND TOTAL—Special Services, Basic Design Services, and
Reimbursable Fee(Lump Sum, Not-to-Exceed)...........................$623,793
Reimbursable Expenses will be additional to the Basic Design Services cost.
II. PROJECT SCHEDULE
Construction Documents to be 100% complete and delivered to the CITY within 300 days after
Notice-to-Proceed is given to FNI by the CITY.
Ill. 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 Park improvements, alternate bid items, additional meetings with
CITY Staff and/or presentation to other groups, additional site visits during construction activity,
etc.
Additional Services, not included in this Scope of Services, related to Environmental or Permitting
Services may include:
A. Preparation of a Pre-Construction Notification for submittal to the USACE;
B. Preparation of an Individual Section 404 permit application;
C. Preparation of a mitigation plan for impacts to waters of the U.S. or other natural
resources;
D. Conducting function or condition assessments (e.g., TXRAM) of waters of the U.S.
potentially impacted by the proposed project;
E. Presence/absence surveys for federally listed threatened/endangered species;
F. Application for Texas Parks &Wildlife Department Sand and Gravel Permit;
G. Application for General Land Office Easement;
H. Consultation with the U.S. Fish and Wildlife Service under Section 7 of the
Endangered Species Act;
I. Consultation with the U.S. Fish and Wildlife Service in regard to the Bald and
Golden Eagle Protection Act;
J. Assistance with finding available compensatory mitigation bank credits and
facilitating the purchase of mitigation bank credits;
K. Monitoring for compliance with permit conditions;
L. Phase 1/11 Environmental Site Assessment;
M. Identification of tree species and/or preparation of a tree mitigation plan required
due to tree ordinance compliance; and
N. Other environmental services not specifically defined in this scope of services.
ATTACHMENT B
COMPENSATION
Design Services for
Alliance Park Phase I &II
City Project No. 100333
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $623,793.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative
(contract compliance manager) of the Park & Recreation Department monthly
progress reports and schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Freese and Nichols, Inc. (FNI) will perform professional services for the City of Fort Worth
(City) to prepare comprehensive design and construction plans for park improvements at
Alliance Park
Firm Primary ResponsibilityFee Amount0/6
Prime Consultant
Freese and Nichols, Project Management/Design $349,218.00 60%
Inc.
Proposed MBE/SBE Sub-Consultants
Yaggi Engineering Lighting/Electrical $54,450.00 8.7%
Spooner&Associates Survey $85,000.00 13.6%
Charles Gojer&Assoc. Structural Design $21,000.00 3.3%
CPSI Greenscape Fountain Design $27,300.00 4.4%
Pump
Non-MBE/SBE Consultants
Alpha Testing Geotechnical $8,000.00 1.3%
James Pole Irrigation Irrigation Design $10,000.00 1.6
AR Consultants Archeological Survey $9,000.00 1.5%
Rios Group SUE $35,200.00 5.6%
TOTAL $623,793.00 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
#100333 Alliance Park Phase I & II $623,793.00 $187,750 30%
City MBE/SBE Goal = 12% Consultant Committed Goal = 30 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 4
B-3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
rM1
121MICHOLS
REESE
FREESE AND S,INC. E XA M P L E
4055 INTERNATIONAL PLAZA,SUITE 200
FORT WORTH,TX 761094895
TELEPHONE:1817)735-7300
FEI NUMBER:75-1531935
City of FTW Park and Rec.Dept,TX Invoice#: xxxxxxx
Attn: Project: FPS18xxxx
4200 South Freeway,Suite 2200 Invoice Group: "
Fort Worth TX 76115 Invoice Date: xx/xx/2018
For Professional Services Rendered Through:x/xx/2018
Alliance Park Phase I&II
CSC Project NO. 100333
Phase Previous Current Percent Total
Lump Sum: Fee Amount Amount Complete Fee Earned
Services $623,793.00 $0.00 $0.00 0.00% $0.00
Total Lum Sum Fee: $623,793.00 $0.00 $0.00 0.00% $0.00
Total Project Fee: $623,793.00 $0.00 $0.00 $0.00 $0.00
Total Fee Earned to Date: $0.00
Less Previous Billings: $0.00
Amount Due This Invoice $0.00
PLEASE REMIT TO P.O.BOX 980004,FORT WORTH,7X 76198-0004
REFERENCING FREESE AND NICHOLS PROJECT NTD11388 AND INVOICE#
FOR BILLING QUESTIONS PLEASE CONTACT MELANIE SISSOM @(817)735-7292 or
MELANIE.SISSOM@FREESE.COM
To receive future invoices electronically,please send your email address to us atAccountsreceivabie@freese.com and
reference the Freese and Nichols project code on your invoice
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
FOR
Alliance Park—Phase I & II
Ft. Worth, Texas
March 22, 2018
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2018
DATE: Tuesday, March 20, 2018 REFERENCE NO.: **C-28635
LOG NAME: 80ALLIANCE PARK- PHASE I & II ENGINEERING AGREEMENT
SUBJECT:
Authorize Execution of a Standard Agreement for Engineering Services with Freese and Nichols, Inc., in
the Amount of$623,793.00 to Provide Design and Engineering Services for Phase I & II Park
Improvements at Alliance Park(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Standard Agreement for Engineering
Services with Freese and Nichols, Inc., for design and engineering services associated with Phase I & II
Park Improvements at Alliance Park in an amount of$623,793.00.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Standard
Agreement for Engineering Services with Freese and Nichols, Inc. (FNI), in the amount of$623,793.00 to
develop design and construction documents for Phase I & II park improvements at Alliance Park. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
Due to the overall requirements of the park site and the comparative project timelines for Phase I & II at
Alliance Park, the Park and Recreation Department (PARD) has determined that efficiencies can be
gained by combining the design of both phases under one contract. FNI will provide design services and
will prepare documents for the construction of a competition-level athletic field complex consisting of:
. adult size, lighted and irrigated soccer fields
. paved access from Litsey Road
. paved parking areas to accommodate uses
. hard surface trails
. native landscape restoration
. all necessary utilities to supply power and water
The PARD intends to purchase land, utilizing Park Dedication Funds, for the creation of Alliance Park. The
land acquisition, combined with park land dedication and a land donation from Hillwood Alliance Services,
LLC, will result in the creation of an approximate 155 acre park. Park Dedication Policy funding in the
amount of$1,000,000.00 for land acquisition has been used as a grant match for a 2015 Texas Parks and
Wildlife Department Urban Outdoor Recreation Grant Application (TPWD UORGA), approved by CFW
Resolution 4429-03-2015, on March 24, 2015. The$1,000,000.00 grant was awarded on March 24, 2016,
and the funding has been allocated for the construction of Phase I.
On October 14, 2014, (M&C G-18337) the City Council approved the Initial Implementation and Allocation
Plan for Proposition Two of the 2014 Bond Program that allocated the amount of$1,841,600.00 for
additional athletic fields in Fort Worth, $1,000,000.00 of which was approved for the development of
Alliance Park, in cooperation with Hillwood Alliance Services. This bond funding was used as a grant
Logname: 80ALLIANCE PARK-PHASE III ENGINEERING AGREEMENT Page I of 3
match for a 2017 TPWD UORGA. This grant application was approved by CFW Resolution 4848-09-2017,
on September 19, 2017, and currently awaits decision of award by the TPWD Commission. If awarded,
the grant funding will be used towards the construction of Phase II at Alliance Park. Additionally, the
proposed 2018 Bond Program includes $3,000,000.00 to advance the Alliance Park Master Plan.
On November 15, 2017 the Park and Recreation Advisory Board endorsed the Alliance Park Master Plan,
and FNI was asked to provide a proposal for the development of Phase I & II.
Project FundingM&C Current Proposed Total F
_ Appropriations Appropriations Appropriations
Funds Gas Lease Cap Project Legacy G-18848 1 60,000.00 $60,000.00
Park Dedication Fees Funds G-18721 $250,000.061 - 1 $250,000.00
014 Bond Program F {—$1,000,000.000– `— ($1,000,000.00
Grants Capital Projects G-19203 1 $2,000,000.00-- $2,000,000.00
otal Funding r^— ---^- $3,310,000.00
Project Costs Breakdown Amount
Park Master Plan Development $60,000.00
Land Acquistion $1,000,000.00
Phase I Construction $1,000,000.00
Phase I&II Design Cost* $623,793.00
Project Administration Costs* $626,207.00
[total Project Costs $3,310,000.00
*The design and project administration costs are for both Phase I & II, which includes a potential
$1,000,000.00 2017 TPWD Urban Outdoor Recreation Grant and $3,000,000.00 identified in the 2018
Bond Program.
This project is included in the 2014 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
21241-05-2014) and subsequent actions taken by the Mayor and Council.
M/WBE OFFICE - Freese and Nichols, Inc., is in compliance with the City's BDE Ordinance by committing
to 26 percent SBE participation on this project. The City's SBE Goal on this project is 12 percent.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that appropriations are included in the Fiscal Year 2018 Adopted Budget
of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014. Prior to an expenditure being
incurred, the PARD has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fun Department ccoun Project JProgram ctivity Budget Reference# �rnol
ID ID Year Chartfield 2
FROM
Logname: 80ALLIANCE PARK- PHASE III ENGINEERING AGREEMENT Page 2 of 3
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year I (ChartfieId 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 100333 -Alliance Park- Master Plan - 11152017-endorsed.pdf (Public)
2. 100333 -Alliance Park- Master Plan - Ph i and II Plan.pdf (Public)
3. 100333-Alliance Park- Ph I and II - Form 1295.pdf (Public)
4. 100333 -Alliance Park- Ph I and II - SBE Compliance Memo.pdf (CFW Internal)
5. 80Alliance Park- Phase IN II Engineering Agreement.xlsx (CFW Internal)
Logname: 80ALLIANCE PARK-PHASE III ENGINEERING AGREEMENT Page 3 of 3
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
101`1
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,6,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-307614
Freese and Nichols,Inc.
Fort Worth,TX United States Date Filed:
Name of governmental entity or state agency that is a party to the contract for which the form is 01/30/2018
being filed.
City of Fort Worth Parks&Community Services Department Date Acknowledged:
3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Alliance Park Phase 1&2 Design
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Pence,Bob Fort Worth,TX United States X
Coltharp,Brian Fort Worth,TX United States X
Milrany,Cindy Fort Worth,TX United States X
Taylor,Jeff Houston,TX United States X
New,John San Antonio,TX United States X
Nichols,Mike Fort Worth,TX United States X
Cole,Scott Fort Worth,TX United States X
Gooch,Tom Fort Worth,TX United States X
Hatley,Tricia Oklahoma City,OK United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Susanne M. Johnson and my date of birth is March 3, 1955
My address is 4055 International Plaza, Suite 200 Fort Worth TX 76109 , US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Tarrant County, State of Texas on the 30thday of January ,20 18
(month) (year)
14- 14,16M
Signature of authorized agent of #acting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523