HomeMy WebLinkAboutContract 58189 CSC No. 58189
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL...
SERVICES
This AGREEMENT is between the City of Fort (North, a Texas home-rule municipality
("CITY"), and Baird Hampton & Brown, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: 2022 Playground Replacements at
8 Sites Project No's. 103940, 103941, 103942, 103943, 103944, 103945, 103946, 103947
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article If
Compensation
The ENGINEER's compensation shall be in the amount up to $152,819.00 as set
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
ENGINEER shall provide monthly invoices to CITY. The ENGINEER shall provide
the CITY sufficient documentation, including but not limited to meeting the requirements
set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by ENGINEER of said payment shall release CITY from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
CITY in connection with such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
0ityot Fort Worth.Texas 2022 PI OFFICIAL RECORD s
Standard Agreement for Engineering Related Design Services 103940.103941,1039d2,103943, CITY SECRETARY
Revised pate.November 23.2021
Page 1 of 15
FT. WORTH,TX
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultatiun and advice and furnishing customary services incidental thereto.
E. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity far
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, testa, 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 paints and sample intervals and at locations other tharl where
observations, exploration, and investigations have been made,
Because of the inherent uncertainties in subsurface evaluatlons,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cast and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER,
City of Fort Worth,Texa3 2022Piayground Replacements at SiLM
Stand2rdAgrBemenl for Engineering ReWed Design Services MOO,193941,103942,103943,103444,1Q3945,103946,103947
Revised❑ate=November 23,2D21
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it deslres; provided, hewever,
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 andlorthe 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 became familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site abservation(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 Cervices, 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.
Cky of Fort Wort.Texas 2022 Playground Replacements at 8 sites
Standard.4:greement for 6nglneering Related Design Services 103940,1039d1,103942,1-03943,103944,103945,103946,103947
Revited Date: Noverr Mr 23,2021
Page$ot15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs, cumpetitive 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 rr7atedaIly 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 Rio not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
city of Fart Warth,Texas 2022 Playground Replacemamts pt 8 sites
5landarClAgmement for Engineer ing Related DesY nServices 1d3040,103041,10N42,103043,103944,1039d5,103946,103947
Rav$ed Dade:November 23.2U21
Page 4 or 15
1. Business Equity Participation
CITY has goals for the full and equitable participation of minority business
and/or women business enterprises in CITY contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No, 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the CITY has goals for the full
and equitable participation of minority business and/or women business
enterprises in CITY contracts greater than $104,000. ENGINEER
acknowledges the MBE and VVBE goals established for this contract and its
execution of this Agreement is ENGINEER's written commitment tc meet the
prescribed MBE and WBE participation goals. Any misrepresentation of
facts (other than a negligent misrepresentation) and/or the commission of
fraud by the ENGINEER may result in the termination of this Agreement
and debarment from participating in CITY contracts for a period of time of
not less than three (3) years.
J. Right to Audit
(1) ENGINFFR 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 orderto conduct audits in compliance with the
previsicns of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultent agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies atthe rate published in the Texas Administrative Cade in
City of Fart Worlh,Texas 2022 Playground Replacements at B sile9
Standard Agreement for IrtgirnBerlrg Reiawd Design;9rvim 103940,103941.103942,103943,103944.103N6,10304a,103947
Revised Date; November 2s,2021
Page 5 of 15
effect as of the time copying is performed.
K. INSURANCE
ENGINEER shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and CITY has
approved such insurance.
L. Independent Consultant
The ENGINEER agrees to perform ail services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M Disclosure
The ENGINEER acknowledges to the CITY that it has rude 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.
0. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware af,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation wili be made through an amendment to this AGREEMENT.
City of Fort Worth,7exa6 2022 Playground Replacements at a sites
Standard Agreement for Engineerlog Related Design Servi0es 101940.103641.1 UM2.103943,103944.103945.1 D3946,103947
Revised Date:November 23,2021
PagE 6 Of 15
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the FNGINEER'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.
G. 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 necessa ry for the ENGINELR'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, bong and financial advisors, and
other consultants as the CITY deems appropriate, and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D_
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth,Texas 2022 Playground Replacemerft at 8 sites
SlariddrdAgreement For Engineering Related Design Services 103940.103941,103942,103943,103944,103945.1p3940,10.3947
iZeAsed Date:November 23,2921
Page 7 0#15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of CITY, CITY hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER_"
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
Citycf FnI1Narlh,Texas 2027 Playgrorand 11"r rnenls al Sites
Stanchrd Agreement for Engineering Related❑e5ign Services 103940,103941,103942.103943,103944,1043945,149945,103g47
Revised Date:Naviinber23,2D21
Page 80f15
I. Litigation Assistance
The Scope of Services does not include costs of the LNGINLLR 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 ENGINILLR, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project documents
All designs, drawings, specifications, documents. and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemicslpandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Clly of Fort wonlh,Texas 2022 Playground Repiaoemenls A 9 siies
5landardAgreament1w Engineering RelaledoeSign Services 103840,103941,1u3842,103943,103944,1M48,103940,1O$N7
Revised Dale:November 23,2021
Page 9 of 15
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will, be paid for termination expenses as follows:
a.) Reasonable cast of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable tit-ne requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage-
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses, The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the oonvenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. 'Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, lintellectuai
City of roa Warlh.Tma 2022 Playijmund Replacements al 6 sites
Slandard Agreement for Engineering Related Resign Services I MWO,M941,103942.10943,1 D3944,1WW.108"%103947
Revised Date:NovemUer 23,2D21
Page 10 of 15
property infringement, of failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are meld for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will notaffect any other provision, and this AGREEMENT
shall he 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 VLL
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all tirnes observe and comply with all federal and State
laws and regulations and with all CITY ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall observe
and comply with all orders, laws ordinances and regulations which may
exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from
and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its
employees.
K. Contract ConstructionlNo Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
Cily of Fora Worth,Texas 2022 Playground Replacements at b sites
SlandardAgreemenI rurUgineedng Related Design5eMces 163940,103941,103942,103943,103944,103945,103946,103947
RevIS90 Data:November 23,2Q21
Pagel 1 or 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY°s or ENGINEER°s respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who }performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will he
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 22f1 of the Texas Government Cede, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
CITY is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the
company that it; (1) does not boycott lsrael; and (2) will not boycott Israel
during the term of the contract. The terms 'boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
CRy at Furl worth,Texas 2022 Playground Replacements at 9 sites
5taWaid#greerrlentFQrEngmeerinq RelaledDesign Scrvices 103940,1039d1,103EA2,103943.103944,193945.103946,103947
Revised Dabs:Nvvemhwr23,2021
Pala 12 or 15
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code4as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goads or
services that has a value of$1 D0,000 or more, which will be paid wholly or
partly from public funds of the CITY, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it; (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Cade is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER. (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
G, Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Cade (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the CITY, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity er firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.Q. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
City of Fort Warlh.Texas 2022 Playground Replacements al a sires
standard Agreement for Engineering Ralated Design Services 103940,M941,109942,103943,103944,i03945,10�945,103947
(devised Date;Navemter 23.421
Page i 3 of i s
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B- Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D Project Schedule
Attachment E - Location Map
Attachment F— Insurance Requirements
Duly executed by each party's designated representative to be effective on the date
subscribed by the CITY'S designated Assistant City Manager.
BY: BY:
CITYOF FORTWORTH ENGINEER
Baird Hampton & Brown Inc.
Jesica McEachean Ro nsta nU W 8 aWohS•S ep 15,20221553 CDT
Assistant City Manager Konstantine Bakintas, P.E.
P
Date:
Se 30, 2022 Chairman of the Board
Date: Sep 15, 2022
ATTEST: 444�unnna
TTlI" I�OYI�I.D' p �yyL es- os000000000,
Gon
or Ronald P. zales[Oct ,2C22 AA. ❑
o0
,lannette Goodall 0.0o o=d
City Secretary 0
APPROVAL RECOMMENDED,
ByAke f0-, 5 —
Dave Lewis
Acting Director, Park& Recreation
APPROVED AS TO FORM AND LEGALITY Form 1295 No.2022-887688
By; Mack
Douglas W Black M&C No.: 22-0656
Sr. Assistant City Attorney
M&C Date: 8/24/22
City ofFort Worth,Texas 2022 Playgrour OFFICIAL RECORD
Standard Agreement for Engneering Related D es!gn Services 103940,103941,103942.103943.103944
Revised Date,November 23,2021 CITY SECRETARY
Page 14 of 15
FT. WORTH, TX
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requiremen
Patrick Vicknair
Project Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas 2022 Playground Replacements a10 sites
Standard Agreement for Engineering Related design Services 103940.103941,103942,103943,103944.103945,103946.103947
Revised bate:November 23,2021
Page 115of 15
Attachment A
Scope of Services
The scope of this project includes the development of construction documents for the
replacement of playgrounds at 8 parks.
The scope of work for each playground replacement includes the removal of the existing
playground equipment and concrete mow edge (if required), and the installation of new
playground equipment,concrete mow edge, drainage system, wood fiber surfacing, access
walks and benches. Playground equipment and layout shall utilize current CITY'S playground
prototype standards. The standard layout rraay be modified to preserve trees or maintain
positive drainage, All sites must maintain compliance with Federal and State accessibility
guidelines.
The CITY has allocated General Fund "PayGo" funding for the replacement of playgrounds at 8
parks, This funding will be used for design,construction, construction inspection, materials
testing and administration. The estimated total construction budgetfor the park improvements
is $1,608,053.
Park name and address for each location is listed below;
Park Name j Address Construction
Budget
Arcadia Trail Park North##8 8744 Arcadia Park Drive 208,240
Fill is Park 3400South Riverside Drive 205,240
Glenwood Park 900 South Riverside Drive 208,240
Jennings May St. Louis Park 3041 South Jennings Avenue 152,773
Kristi Jean Burbach Park 3529 Fossil Park Drive 208,240
Lost Spurs Park 3520 Alta Vista Road 208,240
Marine Creek Linear Park (North) 3317 Chestnut Avenue 208,240
Morris Berney Park 6312 Rosemount Avenue 205,840
It is the CITY's desire to include all 8 sites into one bid package. ENGINEER shall prepare one set of
construction documents and cost opinion for each site, while ensuring that each individual site is
designed within the specified park budget.
13ASIC SERVICE
Attachment A—SQorre of Ser+ims 2022 Playground ReplaoementA 6 Parks
Page 1 of 5 103840,103441,103942,143943,103N4,103845,103940,163947
ENGINEER shall be responsible for providing the fallowing basic services for the project.
1. Coordination/Management/Communication
ENGINEER shall perform the following tasks.
A) Attend one (1) project kick-off meeting(two-hour duration)with the CITY to review
project scope, schedule, deliverables, status reporting, communications, and
expectations for the project.
B) Lead and manage the ENGINEER and sub-consultant design team throughout the
project.
C) Communicate regularly by phone and email with CITY staff.
❑) Provide tc the CITY a one-page project status report on the last business day of each
month throughout the project
E) Participate in meetings with CITY staff as noted specifically in each task described below.
F) Basic services for each bid set shall include preparation of design submittals,
construction documents, project manual and cost opinion documents. Project design
duration is anticipated to be approximately seven .(7) months.
G} Special Services shall be those services necessary to provide appropriate design
guidelines for the design/construction documents, (i.e.;topographic survey,etc.)These
are described in greater detail below.
2. Data Review/Site Visit/Base Map
ENGINEER shall perform the following tasks:
A) Gather and review available relevant project data provided by CITY and other sources:
this will include the CITY's playground prototype options(3).
B) Visit each project site to observe and photographically document existing conditions as
necessary fur completion of the project.
C) Prepare a project base map for the project utilizing sheet format provided by CITY,
ENGINEER's special services survey data, relevant project data, and latest Goegl;e Earth or
other available aerial photographic imagery. The project base map shall be suitable for
Use in both 22inch x Uinch (full-size) and 11inch x 17inch (half size) format with black
and white line work(and with full-color aerial photo background which can be turned an
or off as requested by CITY).
Q) Attend one (1) meeting (two-hour duration) with the CITY to review project data, site
photos, base map, and other information resulting from special services tasks prior to
proceeding with preparation of schematic design documents.
Attachment A-5Gope Qf SQrvices 2022 Playpround Replacement at 9 Parks
Paget Qf5 403940.103941,103942,103943,103944,ID3945,103945,103W
Note; CITY'S Project Manager will coordinate public input on playground prototype selection for
each site, consultant to provide 'extra' service cost for attendance of public meeting (if required)
for selection of prototype and colors.
3. 30%Schematic besign
ENGINEER shall perform the following tasks:
A) ENGINEER will prepare Construction Documents(CD's) for the proposed park
improvements at all sites and submit to the CITY at an approximate 30%level of
completion,
B} Based upon the 30 CO's, ENGINEER will prepare an OPCC for the proposed
improvements to be included in the Bid and Constructiun Document Package,
Q ENGINEER will attend one (1) meeting with the CITY to review the 30%CD's and the
30% OPCC to confirm the overall design and obtain CITY approval before proceeding
into the 90%CD level documents.The ENGINEER will take the comments and input
from the CITY and incorporate those in the 90%CD's,
Note: All improvements will follow applicable CITY standards and details, unless directed
otherwise, Park Facility Standards will be provided by the CITY, All other required standards
will need to be researched,verified, and acquired separately,
4. 90%Construction Documents
ENGINEER shall perform the following tasks:
A) Prepare and submit 9090 design documents for all anticipated park improvements at
all sites to the CITY for review, incorporating previous CITY review comments and
input.An opinion of probable cast will he prepared
B) 90%design/construction documents will be required for;
a. design/construction plans
b. anticipated technical specifications(approximated final copies)
C) Attend a meeting with the CITY to discuss CITY review comments regarding the 90%
submittal and obtain CITY input prior to ENGINEER'S preparation of 100%
preliminary-final construction documents.
5. 100% Preliminary-Final Construction Documents
ENGINEER shall perform the fallowing tasks:
A) Prepare and submit 100% preliminary-final design documents for all improvements at
all sites to the CITY for review, incorporating previous CITY review comments and
input.An opinion of probable cost will be prepared
B} 100%preliminary-final design documents required,will be:
a. Mylar cover sheet(template to be supplied by CITY)
h. design/construction plans
c. final technical specifications (considered ready forbidding documents)
Attachment A—5Fope of Services 2022 Playground Replacement at 8 Parks
Page 3 of 5 103940,103941,103942.103943,103944,103945.143946,143947
C) Incorporate any remaining currlrn�!nts and input from CITY regarding the 100%
preliminary-final submittal priurto ENGINEER's submittal of final sealed and signed
construction documents for bidding advertisement by CITY.
D) Submit plans to a Texas Licensed Registered Accessibility Specialist(RAS)for review and
inspection upon construction completion.
6. Sealed construction Documents for Bidding
ENGINEER shall perform the fallowing tasks:
A) Submit two sealed and signed bid set design documents for all improvements at all sites
to CITY forbidding advertisement, incorporating previous CITY review comments and
input.These improvements shall include all of the elements from the previous task.
R) Bidding design/construction documents shall include the following:
a. Sealed design/construction plans
b. Sealed page for final technical specifications
c. detailed opinion of probable costs for all planned improvements
7. Bid Phase Assistance
ENGINEER shall perform the following tasks:
A) prepare and submit written responses to bidder requests for information (RE1's),
through the CITY
6) attend pre-bid conference, in support of the CITY
C) assist the CITY with bid analysis, bid tabulation, and bid award recommendation
8. Construction Please Assistance
ENGINEER shall perform the following tasksi
A) attend the pre-construction conference, in support of the CITY
B} Review product submittals and shop drawings
Q Attend on-site construction coordination/status meetings as requested by CITY during
construction phase of project. Anticipated to be one (1) per month for a maximum of
nine (9).
D) Participate in final walk-through
E) Inspection of project improvements by a Texas Licensed RAS.
SPECIAL SERVICES
1.Topographic Surveys
ENGINEER shall perform the following tasks:
ENGINEER will provide a Topographic Survey for each park which includes the- area
encompassing the design work.The proposed topographic survey will include all areas that
are anticipated to be included in the construction document work. The topographic survey
will include the locations and elevations of the above ground features such as existing
AttachmentA—Scope of5erviees 2022 Playground Repiacementata Parks
Pdge 4 of 5 103940.103941,103942,403943,I03'J44,I ON45.1OS946,INN A7
playground, streets, trails and walks,fences, light poles, drainage features, readilyvisible
utility components, etc.
A) Consultant deliverables include:
a. Sheet format: 2204 sheets at appropriate scale
h. PDF and CAD format
2.Accessibility Review for Compliance with"texas Accessibility Standards
ENGINEER shall perform the following tasks:
A) Provide plan review and final construction inspection by a Registered Accessibility
Specialist.
CLARIFICATIONS AND EXCIULISIONS
Services and work products by ENGINEER beyond those specifically described above are not
included in the project unless mutually agreed to by CITY and ENGINEER in writing prior to
performance of such services. CITY shall provide review, coordination, and submittals related
to historic resources. CITY shall provide review, coordination, and submittals related to tree
preservation ordinance requirements. The City will utilize BIM 360 as document warehouse
and submittal opportunity. ENGINEER to perform due diiigence in identification of all
utilities at each site; CITY will assist as necessary.
Attachment A—Scope of Services 2022 playground Replacement at S Parks
Page 5 of 5 103944,103941,103942,103943,10 14,103945.103M.1 D3947
Attachment B
Compensation
The Services described in Attachrnent A Scope of Services shall be provided for a total lump sum
fee of$152,819.00. The overall fee total shown shall not be exceeded without prior written
authorization from the CITY.
Payment far the services described in Attachment AScope of Services shall be invoiced to the
CITY monthly, based upon percentage completed for each task. Beluw is a fee breakdown by
task for the services described in Attachment A Scope of Services:
REFER TO FOLLOWING PAGES
Attachment B—Compensalion 2022 Playground Repla cement at8 Parks
Page 1 of 1 103940,t43941,103942,t039O.10044.14394a,10394B,103947
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Attachment C
Amendments to Standard Agreement
for Engineering Related Profes.51onal Services
ONo amendments are required.)
AttachrnentC—Amendments to Standard Agreement 2022 Playground Replacement at 8 Parka
Page 1 of x 103940,103941,103942.103943.103944,1-03045.1MO46,103947
Attachment p
Schedule
The design phase of the project is anticipated to be completed within seven (7) months. Shawn
below is the anticipated time duration breakdown by task:
Notice to Proceeds September 30, 2022
30%Schematic Design: November 30, 2022
90% Construction Documents: March 30, 2023
100% Construction Documents: April 30, 2023
Attachment t)—Project Schedule 2022 Playground Replacementat2 Parks
Page 1 of 1 103940.103941,103942,14 $43,105944,103945.103946,103947
Attachment F
Project Location Map—Arcadia Trail Park North 48
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AVachment E—Location Maps 2022 PlaygroundReplacement at S Parks
Page L of 103940,1a3941,103942,103$43,103944,103945.103941R,103947
Project Location Map—Ellis Park
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Attachment E—Location Maps 2022 Playground Replacement at Sparks
Paget of 103940,103941.103942,103943. 100944.10390.IN946,103047
Project Location Map—Glenwood Park
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Attachment E—Lo[ation Maps 2022 Playground RepN cement at 8 Parks
Page 3 of 8 103940. 103941.194842,103941 1ON44,143949.1 D3940.1DZ947
Project Location Map—Jennings May St. Louis Park
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Attachment E—l.ocatlon Maps 2022 Playground Replacement at 8 Parks
Page 4 of$ 1 M940,103941,1113042,103943,10394d.I=4s,1 an4a.103947
Project Wcation Map —Kristi Jean Burbach Park
Attach men r E
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—Location I ZOZ� 1 Replacement
Page S of S 103040.103A.41, A 1 i i
Project Location Map—Lost Spurs Park
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Attachment E—I.ocatlon Maps 2022 Piaygrourid ReplacemeAat8 Parks
Page 6 Dt 8 103940.103941,105942,103945,1 d394d,1 d3945.103946.103947
Project Location Map — Marine Creek Linear Park Forth
77
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Attachment E—Location Maps 2022 Playground Replacement at 8 Parks
Page 7 of 8 103940,103941,103942,103943,103844,103945.143946,103947
Project Location Map — Morris Berney Park
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Attachment E—Locatlun Maps 2022 Playground ReplaLementat 8 Parks
Page$of 0 103940.103941,103942.16SM.103944,103945.103946.103947
Signature: WY, Signature:
agiar.k 15bgi»,7a?f ir,:k stork
Email. Douglas.SlatkLafortworthtexas.gov Email! Scott.Penn@fortworthtexas.gov
signature; Signature:
Email: joel.mcelhany@fortworthtexas.gov Ernail: melissa.brunner@fortworthtexas.gov
Signature:
Email: Vania.5oto@fortworthtexas.gov
City of Fort Worth, Texas
Mayor and Council Communication
❑ATt=; 4#3 &22 M&C FILE NUMBER: M&C 22-0656
LOG NAME: sOPLAYGROUND REPLACEMENT AT 8 PARKS
SUBJECT
(Ca 2,Cb 3, CD 4, GID 7, CD 8,and CR 9)Authorize Execution of an Agreement for Engineering and Related Professional Services with Baird,
Hampton&Brown, Inc., in the Amoun#of$152,819.00 for Preparatlan of Construction Documents For Playground Rep I ace man t at Elght(8)Parks
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a agreement for engineering and related professional services with Baird,
Frampton&Brown Inc.,in the amount of$152,81 S.00 for the preparation of construction.documents for playground replacement at e19ht(8)parks:
Arcadia Trail Park North f#6 (City Project No.103940), Ellis Park (CIly Project No.103941),Glenwood Park(City Project No-IW42),Jennings-
May-St.Louts Park(City Project Nc.103943),Kristi Jean Burbach lark(City Project No.103944),Last Spurs Park(City Project No,103945).
Marine Creak Linear North Park(City Project No.103946), Morris Berney Park(City Project No.103947).
DISCUSS]DN'
The purpose of this Mayor and Council Communication(M&C)is to authorize the execution of an agreement for engineering related professional
services with Baird,Hampton&Browny Inc., In the amount of$152,819.00 for the preparatlon of construction documents for playground
replacement at eight(8)parks: Arcadia Trail Park North*8{City Project No.103940). Ellis Park (City Project No,103941), Glenwood Park{City
Project No,103942),,Jennings-May-St, Louis Park(City Project No.103943), Krlsti Jean Burbach Park(City Project No.103944), Lost Spurs Park
(City Projedt No.103945),Marine Creek Linear North Park{City Project No.103946),and Morris Berney Park(City Project No.103947).
Funding in the amount of$2,010,067.00 has been Identified in the Park&Recreafian ❑epartmenVs(PARR) Fiscal Year(FY22)Capital
Improvement Program budget for playground replacement at eight(8)parks, The scope of work for this project will include tho removal of the
eAsting playground structures and the installation of new playground equipment, concrete mow edging, drainage system, safety surfacing,
accessible walks and benches.
FUNDING TABLE:
TYPE OF; FUNDING PARK NAME BUDGET
General Capital Projects Arcadia Trail Park North Playground#6 $260,300.00
Fund
General Capital Projects Ellis Park $260,300,00
Fund
General Capital Projects Glenwood Park $260,300.00
Fund
General Capital Projects Jennings-May-St.Louis Park $190,967.00
Fund
General Capital Projects Krlsti Jean Burbach Park $260,S00,60
Fund
General Gapltal Projects Lost Spurs Park $260,',1GD. lQ
Fund
General Capital Projects Marina Creek L[near North Park $260,300.00
Fund
General Capital Projects IMords Beaty Park $257,30o.ao
Fund I I
Compliance wish the City's Business Equity Ord Inarea has been achleved by the following method:BAIRD, HAM PTON &BROWN, INC., Is in
cornplianco with the C1fys Business Equity Ordinance by committing to 13% Business Equity participation an this project.Tha City's Business
Equity goal on this project is 13W
The playground facilitles are located in Council Districts 2,3,4,7,8,and 9,
FISCAL_INFORMA-TION 1 CI`RTIFIGATIO&
Tlie Director of Finance certifies that funds are available In the current capital budget, as previously appropriated, In the General Capital
Projects Fund for the FY22 Playground Replacement at eight(8) park projects to support the approval of the above recommendation and
execution of the anginaaring contract, Prior to any expendllure being incurred, the Park&Recreation Department has the respensiiblllty to validate
the avalla bill lty of funds.
Submitted for City Manager's Off ic&-loy; Valerie Washington 5192
Originating Business Unit Howl; Richard7-avalia 5704
Additional Information Contact: Joel mer-1hany 5745