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Contract 43460 (2)
CITY SECRETARY CITY OF FORT WORTH, TEXAS{PRIVATii OWRACT N0. STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a the "CITY"), and CDM Smith, Inc. authorized to do business for a PROJECT generally described as: Improvements Development, Article 1 Scope of Services Texas home -rule municipality in Texas, (the "ENGINEER"), at Gateway Park Oxbow A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article 111 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 1 of 14 07-31-12 PO4:43 IN 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 2 of 14 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 on4te inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 3 of 14 (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 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 and Woman Business Enterprise (M/VIIBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 4 of 14 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 5 of 14 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22,2011 Page 6 of 14 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 7of14 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 and not as a subcontractor, agent, or employee of the CITY. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 8of14 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 9 of 14 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 Is 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 10 of 14 (4) Nothing contained in this section V.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 R1%3 "stallatlOn 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 11 of 14 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 only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform (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, 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 12 of 14 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, 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. 1. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 13 of 14 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 Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective this the %c ATTEST: -� nnary Kay er , City Secret APPROVED AS TO FORM AND LE Assistant City Attorney M&C No.: C - Z 5- 7�/ �- ufrE:?��3 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 14 of 14 ITY 2. ITY OF FORT WORTH O , S an Alanis ssistant City Manager APPROVAL RECOMMENDED By: Zavala irector, arks and Community Services CDM Smith, Inc. By: Douglas L� Associate ATTACHMENT A Scope for Engineering Design Related Services The scope set forth herein defines the work to be performed by the ENGINEER in completing the Gateway Oxbow Park Phase 1 recreational improvements project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by CDM Smith. Objective The purpose of the project is to develop the conceptual, preliminary and final design and plans and specifications (P&S) for several components of the Gateway Park Oxbow, including a concession building, competition soccer fields, and associated park entrance road, entry monuments, and utilities. The proposed improvements will be based on the Gateway Park master plan. The Gateway Park Oxbow is bounded by Beach St to the east and the old Trinity River "Oxbow" channel to the north and west. The project is generally limited to the area north of the proposed U.S. Army Corps of Engineer (USACE) Sycamore Creek restoration project. The location of the Gateway Park Oxbow is known as the Riverside Oxbow area in the USACE Central City project. The site will be excavated as part of the USACE project to provide valley storage during flooding of the West Fork of the Trinity River. Following the USACE project, which entails mass -grading and maintenance trails, the Gateway Park Oxbow construction will occur. This project also includes the preliminary mass grading design for the Gateway Park expansion into the former -1sr St Landfill area. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design and Plans and Specs Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Coordination Task 8. Survey and Geotechnical Services Task 9. Permitting Task 10. Gateway Park East Grading Plan PROJECT ASSUMPTIONS • The USACE mass grading project will be constructed based on the previously approved conceptual site design, therefore only minor changes to the site layout are anticipated with this project. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 1 of 16 • Sub -surface Utility Engineering (SUE) was conducted for the Riverside Oxbow area with the USACE project, which will be used for this project. Therefore, SUE services are not included in the scope. • Geotechnical data obtained during the USACE project will be used, and supplemented with additional geotechnical investigations conducted with this project. • Public meetings and meetings with businesses or property owners will not be required during the project. • A Traffic Impact and Access Study of the proposed intersection location for the park entrance at Beach St was previously conducted by the City, and will not be required. • A storm drainage study will not be required for this project due to the HH studies and modeling conducted with the USACE project. TASK 1. DESIGN MANAGEMENT The ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of the ENGINEER's and CITY's time and resources. The ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager. 1.1. Managing the Team • Lead, manage and direct design team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Attend apre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct review meetings with the CITY at the end of each design phase. • Conduct and document biweekly internal design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports. • Prepare and submit baseline Project Schedule, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 2 of 16 • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Communicate with other agencies listed in Task 9 and entities for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (10 PERCENT) The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design project objective, and to obtain the CITY's endorsement A this concept. The conceptual site design will be based on the previously approved Gateway Park Master Plan. The Task 2 design effort will primarily focus on the building, entry monument and other features not yet developed. ENGINEER will develop the conceptual design as follows. 2A Data Collection • The CITY will communicate to the ENGINEER pertinent information regarding any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (USACE), City Master Plans, and property ownership as available from the TRWD. 2.2 Gateway Oxbow Conceptual Design City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 3 of 16 2.2.1 Conceptual design of one concession building. The following basic criteria will be used: • Approximately 40x40 footprint. • Single Story • Building will include concession kitchen, restrooms, storage room, and a small meeting room with lockers. • The conceptual building design will consider the expected inundations of the building due to its location within the floodplain, and identify flood proofing alternatives. • Three (3) concepts will be developed including sketches and pictures of buildings with similar features. 2.2.2 Conceptual design of the park entry monument(s). • Three (3) concepts will be developed including sketches and pictures of monuments with similar features. The Gateway Oxbow conceptual design package will include the following. Site Design • Proposed site plan. Building Design • Three (3) alternative architectural concepts of the concession/restroom building. • The functionality, layout and use of the building will be defined and considered in the architectural concepts. Entry Towers • Three (3) alternative architectural concepts of the entry monument(s). • The architectural appearance and materials, and the location of the monuments) in relation to Beach St and the Gateway Oxbow entry will be included in the concepts. Documentation of key design decisions. Estimates of probable construction costs • To include estimates of three (3) concession building and three (3) entry monuments) concepts only. ASSUMPTIONS • During the conceptual design, the ENGINEER will attend a meeting with PACS, and present a design summary and criteria. The purpose of the meeting will be to discuss and obtain approval for the design criteria. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 4 of 16 • DWF or PDF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES Conceptual Design Package Estimate of Probable Construction Costs This estimate shall use ONLY standard CITY bid items where applicable. TASK 3. PRELIMINARY DESIGN (50 PERCENT) Preliminary design plans shall be developed and submitted to CITY based on the approved concept design submittal. ENGINEER will progress the approved Gateway Park Oxbow conceptual design to the preliminary (50%) design level. 3.1 Development of Preliminary Gateway Park Oxbow Design Drawings shall include the following: 3.1.1 Building Design • Architectural, Structural, HVAC, Plumbing, Electrical, and flood proofing plan sheets progressing the preferred concept selected from the conceptual design package to the preliminary design level. • Floor plan including layout of the kitchen, bathrooms, storage, control room, elevator (if required) and stairs. • The ENGINEER will attend one (1) meeting with CFW development Department to discuss concession building design allowances. 3.1.2 Civil • AP Control Sheet, showing all Control Points. • Proposed typical section sheets. • Proposed roadway plan and profile sheets. • Preliminary utility sheet with preliminary easement widths based on information provided by utilities and City departments. • Roadway connection to Beach St layout sheet including ROW lines, horizontal alignments, utilities, curbs, and lane dimensions. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 5 of 16 • Coordination with the CFW Fire Department to determine if an emergency access way and easement will be required, and the configurations for a fire truck turn- around. • Determination of the manual gate location. • Proposed watershed delineation, and determination of appropriate design storm events considered expected inundation of site. • Calculations regarding street and swale capacities and design discharges (design frequencies TBD) at selected critical locations will be provided. Capacities of existing storm drains (pipes to be installed with USACE project) will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. • Storm drainage layout sheets showing inlets, manholes, junction boxes and culverts showing connections to the proposed storm sewer of the USACE project or proposed storm sewer systems of this project. 2.2.6 • Preliminary identification of types and locations storm run-off water quality BMP's. • Sanitary gravity and force main layout sheets showing manholes, lift station, gravity and force main locations, and connections to existing structures. • Water main layout sheets showing alignments, stubs for future recreational components, and the location of the connection to the water line being relocated on Beach St per a separate project. • Preliminary signing layouts. 3.1.3 Soccer Field Design • Field sub -grade and potential under drain recommendations. • The feasibility of water sources for the irrigation system other than the City's potable water system will be evaluated. Potential sources to be evaluated include groundwater, the Oxbow channel, and storm run-off. • If an alternative water source for irrigation is determined to be feasible, an irrigation feeder system, including an intake from the pond, pump station, feed lines and other features required for transmission of irrigation water to the fields will be designed. 3.1.4 Landscape Design • General locations of bio-retention swales or other BMP's. • Pedestrian paving plans for concrete walkways and the concession stand and soccer fields. • Locations of significant soccer furniture amenities (bleachers, benches, soccer goals). City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 6 of 16 • Irrigation main line layout. 3.1.5 Lighting • Field lighting based on PACS standards. • Parking lot lighting based on PACS standards. 3.1.6 Site electrical design • Underground power. (Overhead power is not allowed due to State grant regulations. • Transformer locations) and criteria to serve the building, parking and field lighting, irrigation. • To the extent practical, the future splash park will be accounted for in the electrical design. • Platform to raise transformers) above the 100-yr flood elevation. 3.1.7 Entry Monuments) • The selected concept chosen during Task 2 will be designed to a preliminary level. 3.1.8 Utility Design and Coordination. • Layout of water and sanitary services, and main connection locations. • Gas service will be evaluated and a conceptual layout will be determined based on the meeting w/ the utility, and estimation of building requirements. • Telephone service will be evaluated and a conceptual layout will be determined based on meetings w/the utility, and assistance in determining communication service requirements. • CDM Smith will meet with appropriate CFW departments to discuss the storm and sanitary design, and to coordinate with the Beach St water main project. • CDM Smith will notify franchise utilities of the project, and host a utility meeting to discuss the design schedule and requirements (e.g. clearances, easements, etc.) 3.2 Meetings • Prior to submission of the preliminary plans, the ENGINEER will attend one (1) meeting with partnering agencies as determined by the City to present/discuss proposed improvements at the 50% progress stage. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 7 of 16 • Following submission of the preliminary design package, the ENGINEER will attend one (1) design review meeting with the City. ASSUMPTIONS • All storm water calculations and design shall conform to the City %J Fort Worth Storm Water Management Design Manual, March 2006. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES Hard copy and electronic copy of Preliminary Design 50%drawings and specifications index. Estimates of probable construction cost. This estimate shall use ONLY standard CITY bid items where applicable. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT) Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1 Final draft construction plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • ENGINEER will prepare TDLR paperwork and provide fees for review and inspection. • The ENGINEER shall prepare submittal for the USACE review of the project. • The ENGINEER shall prepare Storm Water Pollution Prevention Plan (SWPPP), and Notice of Intent for submission to TCEQ, and provide fees for review. 4.2 Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. • Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items where applicable. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page S of 16 • The ENGINEER shall prepare the required paperwork necessary for the building permit application. 4.3 Following the USACE mass grading project, and prior to Bidding of this project, the ENGINEER will review the USACE post -grading survey and update the existing base topography shown in the plans. ASSUMPTIONS • A DWF file for the 100 %Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • The ENGINEER will assist the City in preparing all permit applications required for approval of the construction plans. The City will be responsible for paying review and other fees required for the permit applications. • No platting or easement services will be provided by the ENGINEER. The ENGINEER will document in meeting notes the easement requirements provided to the ENGINEER by utilities and City departments. • A Community Facilities Agreement (CFA) will not be required for the project • The City's standards contract specifications will be used. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. 5.1. Limited Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. a. Contract documents shall be uploaded in .xls, PDF and DWF file format. b. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 And 2012 Page 9 of 16 automatically summarize the totals from the inserted Unit Price Proposal document worksheets. c. Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM files. The .pdf will consist of one file of the entire plan set. The Awf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • Attend the pre -bid conference in support of the CITY. • The ENGINEER will provide technical interpretation of the contract bid documents as requested by the City, and will prepare proposed responses to technical questions in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw. • Assist the CITY in evaluating bids. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Incorporate all addenda into the contract documents and issue conformed sets. • Recommend contractor to award. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will be made available on Buzzsaw for plan holders. • The number of bids will not exceed ten (10) for which the ENGINEER will assist the City in determining qualifications of contractors, and evaluate for recommendation of award. • The City will maintain a plan holders list on Buzzsaw. • The City will receive and answer bidders' questions and requests for additional information. The City will handle communications with Bidders, and provide addenda prepared by the ENGINEER to the plan holders. DELIVERABLES A. Addenda (If applicable) B. Recommendation of award C. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 10 of 16 ENGINEER will provide limited support during the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. Approximately 12 monthly site visits (two hours each) during the construction period will be budgeted. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. • As requested by the CITY, the ENGINEER shall provide interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. However, the interpretations, clarifications and recommendations will be limited to the information available to the ENGINEER, and will not include recommendations that require inspections. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. ASSUMPTIONS • Record drawings will be the responsibility of the contractor. • The City shall provide construction inspection and construction contract administration. • The City shall log and track all shop drawings, samples and other submittals in Buzzsaw. • The City shall be the primary point of contact with the contractor during construction. • Three (3) construction period change orders will be budgeted. Additional change orders, not resulting from errors with the design, will require addendums to this agreement. • One (1) site visit per month will be budgeted, for a total of 12 site meetings. DELIVERABLES A. Response to Contractor's Request for Information B. Review of contractor initiated Change Orders, and preparation of contract document changes orders. C. Review of shop drawings D. Final Punch List items City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 11 of 16 TASK 7. ROW/EASEMENT COORDINATION ENGINEER will provided limited support and perform activities related to ROW and land as outlined below. 7.1. Right -of -Way Research • The ENGINEER shall show on the plans existing and proposed rights -of -way and easements needed for the project as provided by others. ASSUMPTIONS • Right -of -Way research was conducted TRWD for the USACE mass grading project, and for the Beach St water main project. The existing and proposed right-of-way and easement information developed for these projects will be provided to and used by the ENGINEER. • The ENGINEER shall request easement requirements from utility companies and City departments during design coordination meetings. The easement information will be shown on the plans to the extent necessary for design purposes, but the platting and exhibits for recording easements will not be provided by the ENGINEER. DELIVERABLES A. None. TASK 8. SURVEY AND GEOTECHNICAL SERVICES ENGINEER will provide survey support as follows. 8.1. Design Survey • The ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, and utility information as needed to support design. • The ENGINEER will combine survey data from the related projects described in the assumptions. • The minimum survey information to be provided on the plans shall include the following: a. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: b. The following information about each Control Point; a. Idened (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 12 of 16 c. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, valves, etc., in the same coordinate system, as the Control. d. Bearings given on all proposed centerlines for the roadway. 8.2. Geotechnical Investigation/ Design Recommendations • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. • One (1) boring will be made in the area of the proposed concession building to a depth of 20 ft. • Four (4) borings will be made in the area of the proposed soccer fields where light poles are anticipated to a depth of 20 ft. • Two (2) borings will be made in the area of the proposed entry monuments) to a depth of 35 ft. • Laboratory tests will be used to determine the strength characteristics, and to evaluate both the short- and long-term deformation/swell properties of the materials encountered with the borings. The tests will include moisture and soil identification, liquid and plastic limit determinations, strength tests on soil, and unit weight determinations. The specific types and quantities of tests will be determined based on soil conditions encountered in the borings. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design using the current City of Fort Worth Pavement Design Standards Manual as general criteria. The study shall include recommendations regarding the building, entry monument and typical light pole foundations, and park road and parking lot paving. • Additionally, the soils investigations conducted with the USACE project will be used to supplement geotechnical engineering conducted with the Gateway Oxbow project by comparing the samples obtained with this project with the soil characteristics determined throughout the Oxbow area as reported in the USACE project soils study. ASSUMPTIONS • Topographic survey, records research and SUE was conducted for the mass grading of the Gateway Park project area during the USACE project. The survey includes the rim/invert elevations of sanitary sewers, locations of buried utilities, structures, trees canopies, identification of species of trees, and other features. • Topgraphic survey, records research and SUE was conducted for the Beach St water main project. The topographic survey and SUE extents include the Beach St right-of-way within the vicinity of the Gateway Park project. • The topographic surveys and SUE conducted for these related projects, and the proposed grading and infrastructure planned for the USACE project will be used for the basis of design of the Gateway Park project. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 13 of 16 • The Gateway Park final (90%) design is expected to be completed prior to the conclusion of the USACE mass grading project. The USACE project post construction topographic survey will be obtained and incorporated into the final Gateway Oxbow Park design as part of the construction plan development. • The topographic survey conducted with this project will be supplemental to the information developed for the USACE and Beach St water main project designs for the development of the conceptual, preliminary and final designs of this project, and supplemental to the USACE as -built survey for the development of the construction plans and specifications of this project. • No SUE services will be required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. Geotechnical Report TASK 9. PERMITTING ENGINEER will provide permitting support for the CITY to obtain the following permits required for the project. 9.1. Storm Water Pollution Prevention Plan • ENGINEER will prepare information to be included in the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare erosion and sediment control drawings and details, and project data for the proposed SWPPP. The operator (Contractor) will be responsible for developing the SWPPP, and filing the NOI, and obtaining the NPDES permit from appropriate regulatory agencies. 9.2. Floodplain Permit • Meet, negotiate and coordinate to obtain approval of the agency issuing the agreement and/or permits. • Completing all forms/applications necessary. • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.3 Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 14 of 16 • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests • Pay TDLR fees. 9.4 USACE Approval • Coordination and submittal of required documents. • Addressing review comments. 9.5 Building Permit • Assist PACSD in the building permit process. ASSUMPTIONS • The following permits will not be required with this project. • USACE 404 Nationwide or Individual permits. • TXDOT permits. • Permits specifically related to means and methods that are typically the responsibility of the contractor. • Platting and land use agreements will be handled by TRWD and the City. • The CITY will pay all required permit fees, including review fees, with the exception of the TDLR permit. • The Contractor will be responsible for obtaining the building permit, and the ENGINEERS assistance will be limited to providing engineering related information to the City. DELIVERABLES A. SWPPP, Floodplain, and TDLR permit applications for signature and submission to the respective agencies. B. Copies of correspondence with agencies. TASK 10. Gateway Park East (Former Landfill) Grading Plan ENGINEER will provide design services as follows. 10.1 Grading design of former 1 St St Landfill site City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 15 of 16 • The Gateway Park Master Plan, dated 2011, will be used as the basis of the layout. • One (1) preliminary grading plan will be developed to a 10% level. • The grading plans will establish an approximate minimum required and maximum allowable fill volume for the proposed site, which are compatible with the park master plan. • Attend one (1) meeting with PACS and CFW Environmental staff to finalize the grading plan. DELIVERABLES • 100% Grading Plan for inclusion in the USACE mass grading project. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services —CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation and exhibits for recording easements. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to warranty claims, enforcement and inspection after final completion. • Retaining wall design requiring geotechnical engineering services. • Improvements to Beach St. • Platting. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A Gateway Park Oxbow, 26 April 2012 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for Gateway Park Oxbow City Project No. 01857 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $519,402 as summarized in Exhibit 13-1 — 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 BA, 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. I11. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Parks and Community Services Department monthly progress reports and schedules in the format required by the City. City of Fort W orth, Texas Attachment B Gateway Park Oxbow, 26 April 2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant CDM Smith Civil, electrical and structural engineering; project management. $369,606 71.2 Proposed MMBE Sub -Consultants Komatsu Architecture Architectural, HVAC, and plumbing design. $65,231 1206 Caye Cook & Associates Landscape, field and irrigation design. $71,385 13.7 Gorrondona & Associates Topographic Survey; geo- technical engineering. $13,180 2.5 Non=MMBE Consultants TOTAL $5193402.00 100% Project Number &Name Total Fee M/VNBE Fee MNVBE Project # 01857: Gatewav Park Oxbow 1 $5191402.00 1 $1499796 1 28.8% City of Fort Worth, Texas Attachment B Gateway Park Oxbow, 26 April 2012 Page 2 of 3 ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Gateway Park Oxbow City Project No. 01857 No Amendments to Standard Agreement for Engineering Services in this agreement. City of Fort Worth, Texas Attachment C Gateway Park Oxbow, 26 April 2012 Page 1 of 1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D - Project Schedule FORTWORTH This PROTECT requires a Tier III schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D Gateway Park Oxbow, 30 March 2012 Page 1 of 2 • Other schedule -related issues that the CONSULTANT wishes to communicate to the D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. 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',ice i• .n momcpt, i :� at It took ILI IT l r I �It .t —.wri I. r Plata. ► t':get � �yUt spool L#F `IT woo 2 IT, .1^ ; » i I_' , y4 WAA t �f i12 9y- -� Ir It PAW so, a 44 J.�� 44Iq ssMap la It Law t I It x+y5I a �"r ® DATE(MWDD/YYYY) A n CERTIFICATE OF LIABILITY INSURANCE 04/02I2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Imrvrc 1 Atv r. tt the cerrmcate notaer is an wuut t wrvvtt_ tnsurrtu, me poucypesl must oe enaorsea. Ir sutsrcu�A nuly Is wE►rvtu, suDlec>: to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Aon Risk Services Northeast, inc. Boston MA office One Federal street Boston MA 02110 USA INSURED CDM Smith Inc. ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET :AMBRIDGE MA 021390000 USA (866) 283-7122 INSURERS) AFFORDING COVERAGE (847) 953-5390 NAIC # INSURERA: Zurich American ins CO 16535 INSURERB: Lloyd's Of London OOOSFi INSURER C: INSURER D: INSURER E: I I INSURER F: COVERAGES CERTIFICATE NUMBER: 570045801488 REVISION NUMBER: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSR BURR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MNUDD LIMITS A GENERAL LIABILITY GLO EACH OCCURRENCE $2 , 000, 000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300 , 000 X MED EXP (Any one person) $100000 m � 0 v o PERSONAL & ADV INJURY $2 , 060, 000 GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,0000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- X LOC A AUTOMOBILE LIABILITY X ANY AUTO 'BAP 8376631-16 Ol Ol 2012 Ol Ol 2013 COMBINED SINGLE LIMIT Ea accident $2,000,000 to Z BODILYINJURY(Perperson) ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NOWOW NED AUTOS."' BODILY INJ URY (Per accident) d v PROPERTY DAMAGE Per accident tv UMBRELLALIAB OCCUR EACH OCCURRENCE V AGGREGATE EXCESS LtAB H CLAIMS -MADE DED RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/ PARTNER / EXECUTIVE N OFFICERIMEMBER EXCLUDED? F (Mandatory in NH) N / A wc837663317 O1 O1 2012 Ol O1 2013 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $1, 000 0 000 E.L. DISEASE -EA EMPLOYEE $10000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000 , 000 B Archit&Eng Prof QC1201367 01/01/2012 01/01/2013 each claim aggregate $3,0009000 $3,000,000 0 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Design of the Gateway Park oxbow soccor fields and concession building and related infrastrusture, and limited bidding and construction period professional services. City of Fort Worth, Texas is included as Additional Insured as required by written contract, but limited to the operations of the Insured under said contract with respect to the General Liability policy. A waiver of subrogation is granted in favor of Additional Insured as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability and workers' Compensation policies. should General Liability, Auto Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy N J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C'Ity of Fort Worth, T2Xa5 [ZED REPRESENTATIVE Attn: Eric seebock 4200 South Freeway, Suite 2200 Fort Worth TX 76115-1499 USA n/J i��� p� ��'�� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10518329 AC R ® LOC #: Ih4� ADDITIONAL REMARKS SCHEDULE NA1C CODE See certificate Number: 570045801488 ADDITIONAL REMARKS EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: provisions. see attached cancellation endorsements. Page 1 of ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .9 1 Blanket Notification to others of Cancellation ZURICH s Policy No, Eff. Date of Pot. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Retum Prem, G L0837663216 1/ 1/ 2012 1/ 1/2013 1/ 1/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured. Such Schedule: 1. Must be initially provided to us within 15 days: "A a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and a -mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 1. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured, C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1114-A CW (10-02) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Notification to Others of Cancellation Policy No. Eff. Date of Pot. I Exp. Date of Pot. Eff. Date of End. Producer No. AddT Prem Retum Prem. BAP 8376631-16 1 1/1/2012 1/1/2013 1/1/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Auto Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will deliver electronic notification that such Coverage Part has been cancelled to each person or organization shown in a Schedule provided to us by the First Named Insured, Such Schedule: 1. Must be initially provided to us within 15 days: a. After the beginning of the policy period shown in the Declarations; or b. After this endorsement has been added to policy; 2. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled; 3. Must be in an electronic format that is acceptable to us; and 4. Must be accurate. Such Schedule may be updated and provided to us by the First Named Insured during the policy period. Such updated Schedule must comply with Paragraphs 2. 3. and 4. above. B. Our delivery of the electronic notification as described in Paragraph A. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to the first Named Insured. Delivery of the notification as described in Paragraph A. of this endorsement will be completed as soon as practicable after the effective date of cancellation to the first Named Insured, C. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs A. and B. of this endorsement. D. Our delivery of electronic notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: 1. Extend the Coverage Part cancellation date; 2. Negate the cancellation; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. E. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-XXX Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-332-A NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX —CONDITIONS F. Notification To Others Of Cancellation 1. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will deliver electronic notification to each person or organization shown in a Schedule provided to us by you. Such Schedule: a. Must be initially provided to us within 15 days: After the beginning of the policy period shown in the Declarations; or After this endorsement has been added to policy; b. Must contain the names and e-mail addresses of only the persons or organizations requiring notification that this policy has been cancelled; c. Must be in an electronic format that is acceptable to us; and d. Must be accurate. Such Schedule may be updated and provided to us by you during the policy period. Such updated Schedule must comply with Paragraphs D. c. and d. above. Z. Our delivery of the electronic notification as described in Paragraph 1. of this endorsement will be based on the most recent Schedule in our records as of the date the notice of cancellation is mailed or delivered to you. Delivery of the notification as described in Paragraph 1. of this endorsement will be completed as soon as practicable after the effective date of cancellation to you. 3. Proof of emailing the electronic notification will be sufficient proof that we have complied with Paragraphs 1. and 2. of this endorsement. 4. Our delivery of electronic notification described in Paragraphs 1. and 2. of this endorsement is intended as a courtesy only. Our failure to provide such delivery of electronic notification will not: a. Extend the policy cancellation date; b. Negate the cancellation; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 5. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the Schedule provided to us as described in Paragraphs 1. and 2. of this endorsement. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2012 Policy No. WC837663317 Endorsement No. Insured Premium $ Insurance Company Zurich American Ins Co U-WC-332-A (Ed. 01-11) Includes copyrighted material of National Council on Compensation Insurance, Inc. used with its permission. i VC)RT WORTH 57 CAPITAL PROJECT _ BID NUMBER (Please check one) Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCOWRACTOR/SUBCONSULTANT [NOTE: Pursuant to the City of FortWorlfrMIW6E Ordlr artce, MNvBE flnns:pedlclpstiitto in:ltia program rrlust have uc went cer6fica6on status with the City of Fort Worth pdor to award of a'contract where+they are odunted'tgwards subcontracting parueipation. If the City of Fod Worth determines that, a firm is not currenily-MIWBE coNffed for Qity of Fort Worth contracts 111HOrm should Immediately'IV submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011} 1. Name of Contract 2. Value of Original Contract $�12L 3. Name of OfferodPrime Contractor 4, The undersigned MWBE firm is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable speelty "supply" or "install" or both): _ at the price of $ 6,. L31 - Architecture Karl A Circle wte {owrwte {owr 4,6 I tit=RE6Y D>=CtARE AND AFFIRM that I, $17 .t377-4754 {taxNumbor)- - - l(�/ am fhe duty authorized representathre of �Y` � �t,� l vmanw�n�vwnuq_ _mm�w�p}� �I�^ .and that I have personally revtewed the material and Name of OfferodPrrmo m� facts set forth in this Letter of intent to Perform. To the best of my knowledge, fnfoation and belief, the facts in this farm are true, and no matedai facts have been om'dted. Pursuant to the City of Fort Worth M14YBE ordinance, any person [antltyj who makes a false or fraudulent statement in connection with partidpation of a M1WBE In any City of Foci Worth contract maybe referred for debarment procedures under the City of Fort 1Yorlh M1WBE ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the offerorlprime are true and correct, and that I authorized on behalf of the offeror/prime to make the affidavit. ids lr rher etc s�t� f Winer or ulhoNzed Agent) {Data) ber) (Fax NUmb_!r} 01/14/09 City Project # 01857 DOE CONTRACT Fo RT O R'TH CAPITAL PROJECT _ BID NUMBER (Please check one) MinoritylWomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTORISUBCONSULTANT [NOTE Pursuant to the City of Fort Worth NNE Ordinance, MJWBE Firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that, a firm Is not currently MMBE certified for City of fort Worth contracts that firm should lmmed ately submit a completed certification appr ation to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011) 9. Name of Canhact �. Value of t)riginat Gontract S. at Oxbow 3. Name ofOfferor/Prime Contractor ar Consuitamt CAM Smith 4. The undersigned MWBE firm is prepared to perform the following described work and/or supply the material fisted in connection with the above project (where applicable specify `supply' or'instair or both). Landscape Architecture at the price of S7G 3 SS ., Caye Cook &Associates (Name at 14i1WBE Firm} Caye Cook Circre tend 2].4-739-9105 {Phone Number) - l HERiceY D1=CiARE ANO AFFIRM that f(ro) Type orPrfnt Name J Il personally , I HMO of offieforipme 04/03jZ012 tt�ato) tSignabm* Oemet 9wdzedAgentofMNDEfm4) 972-385-950I (Fax Number) facIs set forth in this lettor of intent to Perform. To the best of my knowledge, information and 6nllef, the facts in -this form are true, and no material facts have been omitted: Pursuant to the City of Fort Worth fv11WBE Ordinance, any person [entity] who makes a false orfraudulent statement in connection vr�th partidpaticn of a MNVBE in any City of Fort Worth contract maybe referred far debarment procedures under the Giiy of Fors Worth NVY13E Ordinance. [ do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and correct, and that I. authorized on behalf of the offeror/prime to make the affidavit. vvolv Ilveroier 33Z 8727 (Name of Orfer/Pjrme) iyQe or not tea) (Fait Number) a1/i4log i �° 7 Ba�l�ess �rtte�rt�e _��fic� �N AS'�iSUB�ON'fEtJ�'.EfE2fSl1BC{�NSU�.TANT [NG]3'E; Pursuanti.fothe :the Gfijr:oFt=ittilN�itfr�r tft8f;:�frr�rt" is;t�ioC�.s�tjiem °eot�c`F►ricai En uu. �r_u��ti ���iie¢.ef��� ;SD�t�) .__. . �,,�-' ;(Erlgn�iturrc�sH,err.ar Aiit�d.'lf�tor.:ral�iteE flm+j �1'T:4�6�'.��$ ::. jFa�t;Nu►�ai) 1`1��fiF.bY'�ECI:J11tE11NDAFFIRk[thaN°__ D�y'��' Val`N'�� '„ ... .. � ..:- •.. .... . � - -. � `�tiSffiO,tlfil�;autl'i.4►hed.e�! itt2f��f T_ ..._.. COIL! 3wwi �a�i��r�v�-i�i�i�ny�vt�+ama�e����;►st. 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O,il1�10 1 1 �. f Page I of 2 COUNCIL ACTION: Approved on 71 11 V12 DATE: 7/17/2012 REFERENCE C-25747 LOG NAME: 80GATEWAY PARK OXBOW NO.: CDM SMITH AGREEMENT CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with CDM Smith, Inc., in the Amount of $519,402.00 for the Design and Engineering of the Gateway Park Oxbow Development (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with CDM Smith, Inc., in the amount of $519,402.00 for the design and engineering of the Gateway Park Oxbow Development, DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of an engineering Agreement with CDM Smith, Inc., in the amount of $519,402.00 for the design and preparation of construction documents for park improvements in the Gateway Park Oxbow area located north of 1-30 and west of Beach Street. Staff considers this fee to be fair and reasonable for the scope of services proposed. Improvements will include construction of new park entry identification element, multi -use trails, concession/restroom facility, park road and parking lots, competition soccer fields to include lighting and irrigation, ecosystem restoration, landscaping and other park improvements. On May 14, 2002, (M&C G-13624) the City Council adopted the updated Gateway Park Master Plan. The Master Plan included the potential joint venture to develop recreational and ecosystem restoration facilities in the area of the Trinity River Oxbow at Gateway Park with the U.S. Army Corps of Engineers (USACOE). On January 13, 2004, (M&C G-14221) the City Council authorized the adoption of appropriation ordinances and an interlocal Agreement authorizing the resubmission and acceptance of an application for a 2004 Texas Parks and Wildlife Department (TPWD), Regional Park Grant and accepted funds from Streams and Valleys, Inc. (S&V), and the Tarrant Regional Water District (TRWD). In August 2004, TPWD awarded the City of Fort Worth a $2,000,000.00 regional grant for Gateway Park with the award contract executed in March 2005, On January 13, 2004, (M&C G-14221) the $2,000,000.00 regional grant was matched with $2,500,000.00 in combined funding from City, S&V and TRWD for a total project funding amount of $4,500,000.00, as appropriated. Since March 2005, a number of initiatives outside the City's purview deferred the project proceedings. Land acquisition necessary for incorporation into the Gateway Park Oxbow project by the TRWD was delayed indefinitely pending appropriation of federal funds for land acquisition and the ongoing design of the Beach Street/Gateway Park Oxbow park entry by the USACOE. In June 2006, the City requested the USACOE to consider merging of the Gateway Park Oxbow project with the Trinity River Vision Central City (TRV - CC) project because both projects were occuring simultaneously and jointly impacting floodplain valley storage requirements. Project deferral continued from March 2005 to May 2008, pending authorization to merge both projects and the appropriation of federal funding for land acquisition. In May 2008, the USACOE passed a Record of Decision allowing the Gateway Park Oxbow project to merge with the TRV - CC project. In February 2010, TRWD requested federal stimulus funds for the TRV - CC project and by 07/23/2012 Page 2 of 2 November>2011, the USACOE moved forward with design of mass site grading within the Gateway Park Oxbow necessary for floodplain valley storage. In March 2012, the Trinity River Vision Authority (TRVA) recommended to the Parks and Community Service Department to proceed with the Gateway Park Oxbow project design in order for the project to be "shovel ready" when federal funding became available for the mass grading project within the Gateway Park Oxbow area. This action will allow for the project design and award of construction contract to be ready to commence when the USACOE mass grading project is completed. It is estimated the mass grading project will commence during 2012 and be completed in 2014. CDM Smith, Inc., is in compliance with the City's M/WBE Ordinance by committing to 29 percent participation. The City's goal on this project is 28 percent. Gateway Park Oxbow is located in COUNCIL DISTRICT 4. FISCAL_ INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund, TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers GR76 531200 080306836030 $519,402.00 Susan Alanis (8180) Richard Zavala (5704) Mike Ficke (5746) 07/23/2012