The URL can be used to link to this page

Home My WebLink AboutContract 44551CtTY ��Y�i � l _ CITY OF FORT WORTH, TEXAS CV1� Y CV4� �v � C" f STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Alan Plummer Associates, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Rockwood Park Athletic Complex Drainage Assessment. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached shall be performed in connection with Assessment. hereto as Attachment "A". These services Rockwood Park Athletic Complex Drainage (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $46,008.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of ConsultanYs invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 ��FICIAIL �� tYY SI�CR�1�AF�'� �T. tNUR'��y '�'� t RECEIVED J�� 18 2�1� Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 120 calendar days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be perFormed hereunder and all persons perForming same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work perFormed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on ConsultanYs insurance policies. b. Certificates of insurance shall be delivered to the Parks and Community Services Department, Attention: Eric Seebock, 4200 S. Freeway, Suite 2200, Fort Worth, TX 76115, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO O�cial Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VI11 Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth, Texas Standard Agreement for Professional Services PMO O�cial Release Date: 1/28/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Attachment "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is perFormed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Smali Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant 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 XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or attachments hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Parks and Community Services Department Attn: Eric Seebock 4200 S. Freeway, Suite 2200 Fort Worth, Texas 76115 Consultant: Alan Plummer Associates, Inc. Attn: David McPherson, P.E. 1320 S University Dr. Fort Worth, Texas 76107 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreemeni for Professional Services PMO Official Release Date: 1/28/2013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shail, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the j��-day of 4�� 2013. BY: CITY OF FORT WORTH 9-R�- Susan Alanis Assistant City Manager Date: fc I � 1 APPROVAL RECOMME By: rd Zavala �or, Parks and Community Services APPROVED AS TO FORM AND LEGALITY '1 � `�.� c__. _... B y: t� ;` � - Doug s W. Black Assistant City Attorney Al-f EST: Mary J. City Se � �� C��,��% City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8 of 8 �.,. w 4y BY: ENGINEER Alan Plummer Associates, Inc. \ �--_ David L. McPherson, P.E. Principal Date: ��3 M&C No.: ��'��-- o�.o oo°°�'� � � � .�� FFICIAL RECO�tp CITY SECRI�TARV �'T'T. WORTHI, TX M&C Date: ATTACHMENT "A" Scope for Enqineerinq Desiqn Related Services for Storm Water Improvements Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the 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 the ENGINEER. OBJECTIVE Basic Engineering Services will involve a drainage evaluation and study of the northern three athletic fields in order to provide engineering design recommendations to improve the drainage around the three athletic fields at Rockwood Park and the adjacent Rockwood Golf Course. The park is in the mapped 100-year flood plain. The ENGINEER will complete the engineering design related services as outlined below within 120 calendar days after the Execution of the agreement. n�- � ; - - �- � Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. Task 9. Task 10 TAS K 1 Conceptual Design Management Conceptual Design Preliminary Design — Not Included in This Contract Final Design — Not Included in This Contract Bid Phase Services — Not Included in This Contract Construction Phase Services — Not Included in This Contract ROW/Easement Services — Not Included in This Contract Survey Services — Not Included in This Contract Permitting — Not Included in This Contract Plan Submittal Checklists — Not Included in This Contract CONCEPTUAL DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address project challenges with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct conceptual design team activities • Provide quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth, Texas Attachment A PMO Release Date: 04/09/2012 Page 1 of 4 • Attend a conceptual design project kickoff/chartering meeting (One) with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional approaches to tasks that meet CITY requirements. • Conduct one (1) drainage evaluation review meeting with the CITY to discuss up to two (2) alternative conceptual design concepts considered, strengths and weaknesses of each, and the rationale for selecting a recommended conceptual design concept. • Prepare and submit baseline Project Schedule initially, 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. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. ASSUMPTIONS Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. The following two (2) meetings with CITY staff will occur over the length of the project: a) Conceptual design project kickoff/chartering meeting shall be held on or within 15 calendar days from the date stated within the Notice to Proceed. b) Drainage evaluation review meeting shall be held within 15 calendar days from the date the draft drainage evaluation package is submitted. DELIVERABLES • Meeting summaries with action items • Baseline conceptual design schedule • Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes • Monthly progress reports • Monthly invoices TASK 2. DRAINAGE EVALUATION. The drainage evaluation shatl be submitted to CITY per the approved project schedule. The purpose of the drainage evaluation is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend design concepts that successfully address the existing drainage issues, and to obtain the CITY's endorsement of a conceptual design concepts for the CITY's planning and design purposes. ENGINEER will develop the Drainage Evaluation of the site as follows: 2.1. Data Collection • ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed modifications with any planned future City of Fort Worth, Texas Attachment A PMO Release Date: 04/09/2012 Page 2 of 5 modifications 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 (such as TxpOT and railroads), CITY Master Plans, and property ownership as available from the Tax Assessor's office. 2.2. Drainage Computations ENGINEER will delineate the watershed based on 2-ft contour data, provided by the CITY, and field verification for the three northern athletic fields and adjacent parking lot at Rockwood Park including upstream offsite drainage basins. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the countours labeled. Capacities of existing storm culverts and inlets will be calculated and shown based on as-built plans or field data. Calculations shall conform to CITY criteria as described in the CITY's Storm Water Management Design Manual. The ENGINEER's responsibility includes recommendations for modifications of the existing drainage system, culvert and inlet sizes as deemed reasonable and consistent with CITY standards. 2.3. The drainage evaluation package shall include the following: • Written summary of two (2) alternative conceptual design concepts considered, including the strengths and weaknesses of each, and the reasons for selecting one of the two conceptual alternatives for the design phase. • Drainage area maps showing proposed modifications with drainage calculations and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual, March 2006. • Horizontal alignment (excluding profiles) of proposed storm water modifications within the project limits. The vertical design drawings will be developed in the design phase of the project even though the capacity calculations will be performed as a part of the evaluation package. o Proposed phasing of drainage work. • Estimates of probable construction cost. ASSUMPTIONS • Storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. The rational method is assumed to be the appropriate methods for these calculations. • The CITY will provide drainage complaint files, existing applicable drainage studies, existing drainage basin and sub-basin boundaries, FEMA floodplain and floodway maps, existing models of project area. • The City will provide 2-ft contour maps of the area around the park to the extent to allow the engineer to define the drainage basin boundary. The City shall provide the data source and date of data collection. • Eight (8) copies of the drainage evaluation package shall be submitted no later than 45 calendar days from the completion of the conceptual design project kickoff/chartering meeting. drawings will be half size (11" x 17"). • Eight (8) copies of a final drainage evaluation package shall be submitted no later than 30 calendar days from the completion of the drainage evaluation review meeting. Drawings will be half size (11" x 17"). DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 04/09/2012 Page 3 of 5 • Draft drainage evaluation package. • Final drainage evaluation package. TASK 3. PRELIMINARY DESIGN — NOT INCLUDED IN THIS CONTRACT TASK 4. FINAL DESIGN AND FINAL CONSTRUCTION DOCUMENTS — NOT INCLUDED IN THIS CONTRACT TASK 5. BID PHASE SERVICES — NOT INCLUDE IN THIS CONTRACT TASK 6. CONSTRUCTION PHASE SERVICES — NOT INCLUDED IN THIS CONTRACT TASK 7. ROW/EASEMENT SERVICES — NOT INCLUDED IN THIS CONTRACT TASK 8. SURVEY — NOT INCLUDED IN THIS CONTRACT TASK 9. PERMITTING — NOT INCLUDED IN THIS CONTRACT TASK 10. PLAN SUBMITTAL CHECKLISTS — NOT INCLUDED IN THIS CONTRACT ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existina 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: • Preliminary and final engineering design services for any alternative design concepts proposed in Drainage Evaluation Package. • Provide Subsurface Utility Engineering (SUE) of the project site. • Prepare Letter of Map Revision (LOMR) or flood study. • Services related to modeling runoff and using HEC-HMS and HEC-RAS. • Provide Section 404 Permitting Assistance. • 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. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 04/09/2012 Page 4 of 5 • Services related to traffic control planning and design • Service related to storm water pollution prevention planning and design • Services related to wetland delineation and impact evaluation • Service related to coordination with other cities, United State Army Corp of Engineers, or Tarrant Regional Water District. City of Fort Worth, Texas Attachment A PMO Release Date: 04/09/2012 Page 5 of 5 ATTACHIVIENT B COMPENSATION Design Services for Rockwood Park Drainage Study City Project No. Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $46,008.00 as summarized in ATTACHMENT B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. 11. 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 ATTACHMENT B-1, Progress Reports as required in item I11. of this Attachment B, and project 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. II1. 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 Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 � ATTACHMENT B COMPENSATION IV. Summary of iotal Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Alan Plummer Engineering Conceptual $46,008.00 100.00 Associates, Inc. Design Services Proposed M/WBE Sub-Consultants Non-M/WBE Consultants TOTAL $46,008.00 100% Project Number & Name Total Fee M/WBE Fee M/WBE % Rockwood Park Draina e Stud $46,008.00 $0.00 0.00% �ity ivuwesc �oai = u io Gonsultant Gommitted Goal = 0.00 % Mile Stone Payment Dollar Amount Sum of Percentage Payment in Dollars Kick off Meeting 10% $4,600.80 $4,600.80 Draft drainage 40% $18,403.20 $23,004 evaluation package Submitted Final drainage 50% $23,004.00 $46,008.00 evaluation package Submitted City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 � ATTACHMENT "B-1" ENGINEER INVOICE (Supplement to Attachment B) INVOICE FORMAT Project Name: City Project Number: Project Manager: _ Invoice No. Invoice Date: Mile Payment Task Fee Previous Previous This Remaining Remaining Stone Percentage Allocation Dollar Invoice Invoice Invoice Dollar % Amount Total Total % Dollar Amount Amount Kick off 10% $4,600.80 Meetin Draft 40% $18,403.20 drainage evaluation package Submitted Final 50% $23,004.00 drainage evaluation package Submitted TOTAL 100% 46,008.00 City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 5.19.2010 Page 3 of 3 B-3 ATTACHMENT C Rockwood Park Athletic Complex Drainage Assessment Amendment to Standard Agreement for Engineering Services in this agreement. Page 2, Article V, Professional Competence and Indemnification, Paragraph (2): replace with the entire paragraph below: 2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify and hold harmless 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 Consultant, consultant under contract, or any other person or entity over which the Consultant's exercises control. ATTACHMENT D Rockwood Park Athletic Complex Drainage Assessment Mile Stone Payment Percentage Task Fee Allocation Dollar Number of Days Amount to Complete Task Kick off Meetin 10% $4,600.80 7 Draft drainage 40% $18,403.20 75 evaluation package Submitted Final drainage 50% $23,004.00 38 evaluation package Submitted TOTAL 100% $46,008.00 120 ATTACHMENT E Rockwood Park Athletic Complex Drainage Assessment Location Map — Mapsco 62S �. .}1 _ �� _ � �'` ��1% ,," � .> ., <�' % , �, ` �� , � � \ :. � . :.�', �" "`: /��;,'= � ;'�� SI , ��„�/ �� M&C Review � ,, ,, Page 1 of 2 Official site of the City of Fort Worth, Tezas Ft��i �'4��xri� ��. COUNCIL ACTION: Approved on 4/23/2013 - Ordinance No. 20714-04-2013 DATE: 4/23/2013 REFERENCE NO.: **G-17873 LOG NAME: 80FLOODROCK CODE; G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt Appropriation Ordinance Increasing Estimated Receipts and Appropriations in the Park Gas Lease Project Fund in the Amount of $118,000.54 for Rockwood Park Athletic Complex Drainage Improvements (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the amount of $118,000.54 in the Park Gas Lease Project Fund for the purpose of conducting drainage improvements at Rockwood Park Athletic Complex. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate the amount of $118,000.54 for the design/engineering and construction of drainage improvements at the Rockwood Park Athletic Complex. On March 3, 2010, (M&C C-24120) the City Council authorized the award of construction for park and ball field improvements at Rockwood Park Athletic Complex, which was subsequently completed in July 2011 at a cost of $2,709,702. Aithough site grading was conducted in an effort to address drainage through surface runoff, flooding continues to be a problem during most storm events. Because the complex lies within the 100 year floodplain and the site is relatively fiat, a more comprehensive drainage solution must be constructed. Staff recommends that the design and engineering and all or part of the construction solution (pending final costs) be funded utilizing accumulated fees collected through executed license Agreements involving Rockwood Park property. These fees total the amount of $118,000.54 and are summarized in the table below: M&C DATE AMOUNT DESCRIPTION �-14929 February 9, 2010 $41,961.00 License Agreement with Texas Midstream Gas, LLC, and Chesapeake Operating, Inc., for an access road within Rockwood Park L-14928 February 9, 2010 $ 2,680.42 License Agreement with Texas Midstream Gas, LLC, for a 10 foot wide access road within Rockwood Park L-15212 June 14, 2011 $63,219.12 License Agreement with Texas Midstream Gas, LLC, for a 24 foot wide temporary access road within Rockwood Park NA February 2009 - $10,140.00 Multiple temporary easement fees (administrativelv Jul 2012 executed Total $118,000.54 -afth�`fe s will be used to enage an engineering consultant to conduct a drainage ent to ermine the best management solution and develop an estimated cost. All remaining I�b used towards the drainage solution construction implementation. �� 1.�. � \ u (,c..c.�C.��r�, `52..�z--�t- ` .�� ' ��- ' � � �� http:Uapps.cfwnet.org/council�acket/mc_revie .asp?ID=17926&councildate=4/23/2013 4/24/2013 M&C Review Page 2 of 2 Rockwood Park is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the Park Gas Lease Project Fund. TO Fund/AccounUCenters 2)) C282 446310 801929990100 $54,781.42 2)) C282 466266 801929967700 $63,219.12 2)) C282 541200 801929990100 $54,781.42 2)) C282 541200 801929967700 $63,219.12 FROM Fund/AccountlCenters Submitted for City Manager's Office by_ Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 80FLOODROCK A013.doc Susan Alanis (8180) Richard Zavala (5704) Mike Ficke (5746) http://apps.cfwnet. org/council�acket/mc_review. asp?ID=17926&councildate=4/23/2013 4/24/2013