HomeMy WebLinkAboutContract 59771CSC No. 59771
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
("CITY"), and Neel -Schaffer, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: ARPA Cobb Park Road/Parking Improvements — CPN
104476 and ARPA Highland Hills Park Road/Parking Improvements — CPN 104477
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 II
Compensation
The ENGINEER's compensation shall be in the amount up to $177,963.00 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 1 of 15
ARPA Cobb/Highland Hills Park Rd/Parking Improvements
CPNs 104476/104477
OFFICIAL RECORD
CITY SECRETARY
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
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(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 ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
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 desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
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.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are 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 Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 4 of 15
I. 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 $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to 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) 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 reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 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 all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondeat superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
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 ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 7 of 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.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 8 of 15
I. 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.
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,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: 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 cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable 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 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 convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
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, intellectual
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
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 held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No 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.
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 11 of 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 (1-9). 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 be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, 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 Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that 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
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 12 of 15
ENGINEER acknowledges that in accordance with Chapter 2274 of the
Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), 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 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 Code 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.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (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 or 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.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code 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 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 Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 13 of 15
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:
CITY OF FORT WORTH
Jesica McEachern
Assistant City Manager
Date: J u 114, 2023
a -'O,°
ATTEST:
aaQn nEXasa44
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By
fit'W
Dave Lewis
Interim Director
Park & Recreation Department
APPROVED AS TO FORM AND LEGALITY
By:
Jeremy Anato-Mensah
Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 14 of 15
BY:
ENGINEER
Neel -Schaffer, Inc.
Derek Cheatham
Senior Vice President
Date: Jul 6, 2023
S
SP
Form 1295 No. 2023-1008073
M&C No.: 23-0517
M&C Date: 06/27/2023
ARPA Cobb/Highland Hills Park Rd/Parking Improvements
CPNs 104476/104477
OFFICIAL RECORD
CITY SECRETARY
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
requirements.
;%�k�-
Michael Wellbaum
Project Manager
City of Fort Worth, Texas ARPA Cobb/Highland Hills Park Rd/Parking Improvements
Standard Agreement for Engineering Related Design Services CPNs 104476/104477
Revised Date: November 23, 2021
Page 15 of 15
FORT WORTH.
ATTACHMENT "A"
Scope for Enaineerina Design Related Services for Park & Recreation Department 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.
OBJECTIVE
The City of Fort Worth desires to make road and parking lot improvements at Cobb Park and
Highland Hills Park. The project scope includes developing plans, specifications, and
contract documents suitable for bidding the project. The two project locations are to be
designed, packaged, and bid together, but the quantities and budgets are to be kept
separate for funding purposes. The construction budget for Highland Hills Park (CPN
104477) is $800,000.00 and the construction budget for Cobb Park (CPN 104476) is
$1,000,000.00 and they are funded from the American Rescue Plan Act (ARPA).
Hiahland Hills Road & Parking Improvements:
Highland Hills Road & Parking improvements design shall concentrate on the South Road
and Parking area along Engblad Drive. The existing asphalt Engblad Dr. (approx. 1,000 LF)
and the parking area (approx. 1,100 SY) on the West end of Engblad Dr. is proposed to be
rehabilitated, consisting of pulverizing the existing asphalt material, and adding cement for
re -use. The existing road base will be evaluated in the geotechnical investigation to
determine if the material is adequate. Additional new material may be required. The re-
habilitated road will be without curb and gutter and approximately 24' wide with a 2' shoulder
on each side. Reusing the existing base material as a sub -base will save money and allow
limited funds to be used to construct all desired elements of the project. If all new materials
were used, it is likely that the project would need to be phased and constructed as additional
funds were made available.
The CMP culvert (P1038578) may be replaced with a RCP culvert of equal or larger size, but
the budget may not support it. This will be shown on the plan sheets (no separate culvert
drawings.)
The concrete low-water crossing shall have the cracks sealed and be left in place as the
base bid. The project will also include design for replacing the concrete low water crossing
as an alternate bid.
Parking improvements also include striping parking spots, and re -striping of the existing
handicap parking spaces that shall remain during the project.
Re -grading of three (3) areas are anticipated to improve drainage conditions in the project
area. The first area is the ditch areas near the entry gate to approximately the sidewalk that
enters the park on the west side of Engblad Drive, and the ditch area from the park entrance
to the low water crossing on the east side of Engblad Drive. The second area is at the
downstream end of the low-water crossing and going approximately 100 LF to improve the
functionality of the crossing. The third area is the area between Engblad and the South
fence line for approximately 500 LF, along the east side of the drive down to the existing
CMP culvert.
City of Fort Worth, Texas
Attachment A
Release Date: 07.22.2021
Page 1 of 20
FORT WORTH.
Parking lot improvements will be for reconstruction of the general parking areas and NOT
areas designated for ADA parking. The ADA parking areas have recently been
reconstructed by others and will not be part of this contract. Since the construction will not
modify the ADA facilities, a submittal will not be made to the Texas Department of Licensing
and Regulation (TDLR) for this project.
The parking and paving areas of concern for this project do not appear to be in a FEMA
regulatory floodplain. It is assumed there will be no coordination with FEMA or the City's
floodplain administrator.
ENGINEER will prepare erosion control plan. CONTRACTOR will prepare a Storm Water
Pollution Prevention Plan (SWPPP) Notice of Intent (NOI) and submit to Parks and
Recreation Department (PARD) for execution.
No improvements are to be made to the cable barrier and bollards that are along the outside
edge of Engblad Dr. and the parking area. The only exception would be if bollards are
damaged during construction, they are to be replaced at the contractor's expense.
Design/topographic surveying is included. The survey will be a ground survey locating
vertically and horizontally existing visible features (within approximately 20' of the existing
edge of Engblad Dr, and within approximately 20' of the edges of the existing parking lot)
including: pavement (material, roadway crown, curb & gutter and edge), marked subsurface
utilities (Engineer will notify DIGTESS to locate buried utilities and ask the City to mark their
utilities), measure downs of accessible subsurface utilities (i.e., manholes, inlets, junction
boxes and water valves) and trees with a trunk diameter greater than 4". The survey data will
be indexed to NAD83 horizontally and NAVD88 vertically. Control monuments will be
established, marked and noted on the drawings and in the electronic files for future reference
and construction layout.
Geotechnical design services are included with 3 borings. The report will provide
recommendations for any required soil modification, pavement base preparation and
pavement thickness recommendations. Engblad Drive and parking lot will have
recommendations for using the existing materials, if feasible. HVJ Associates North Texas will
do the geotechnical work as a sub -consultant.
Cobb Road & Parkinq Improvements:
Cobb Road & Parking improvements design shall concentrate on Cobb Park Drive West
from the Con/Span bridge at Cobb Park Rd. to US287. The existing asphalt Cobb Park
Drive West (approx. 3,000 LF) is proposed to be rehabilitated, consisting of pulverizing the
existing asphalt material, and adding cement for re -use. The existing road base will be
evaluated in the geotechnical investigation to determine if the material is adequate. Reusing
the existing base material as a sub -base will save money and allow limited funds to be used
to construct all desired elements of the project. Additional new material may be required.
The re -habilitated road will be without curb and gutter approximately 24' wide with a 2'
shoulder on each side. At most locations, the existing street does not have bar ditched along
the roadway for drainage. To match the existing conditions and control project costs, the
design will accommodate this constraint with a roadway cross slope that drains towards the
major creek, instead of a convention crowned roadway.
City of Fort worth, Texas Page 2 of 20
Attachment A
Release Date: 07.22.2021
Page 2 of 20
FORT WORTH.
The riprap area at the NE corner of the Con/Span bridge is showing signs of undermining
and movement towards the creek. Engineer shall design improvements in the area to
mitigate continued erosion and movement. The design will not be a major reconstruction of
the existing improvements but minor modifications such as concrete flume(s), flowable fill,
curb and gutter, expansion joint repair/seal.
There are several areas along the East edge of Cobb Park Dr W, that are showing signs of
erosion, and Engineer will investigate the possible need for flumes and/or edge protection at
these locations. Project budget may not support flumes in all locations, so edge protection
will most likely be the preferred solution in these areas.
The box culvert and two other culvert crossings on the project site will remain in place with
no improvements.
There is a tree in the travel lanes of Cobb Park Dr W that appears to have been hit several
times by vehicles. Engineer will assess possible mitigation approaches that could include a
barrier to protect the tree, moving the cable barrier system so the tree is outside of the
roadway, or removing the tree (safest option for traveling public).
Since there will not be any significant altering of the floodplain, FEMA coordination is not
included. U.S. Army Corps of Engineers 404 permitting is also not included since the work is
generally rebuilding existing roads and/or parking.
ENGINEER will prepare erosion control plan. Contractor will prepare a Storm Water
Pollution Prevention Plan (SWPPP) Notice of Intent (NOI) will also be prepared and submit
to PARD for execution.
No improvements are to be made to the cable barrier and bollards that are along the outside
edge of Cobb Park Dr. W. If bollards are damaged during construction, they are to be
replaced at the contractor's expense.
A detailed Design/topographic surveying is included. The survey will be a ground survey
locating vertically and horizontally existing visible features (within approximately 20' of the
existing edge of road on Cobb Park Dr W) including: pavement (material, roadway crown,
and edge), marked subsurface utilities (Engineer will notify DIGTESS to locate buried utilities
and ask the City to mark their utilities), measure downs of accessible subsurface utilities (i.e.,
manholes, inlets, junction boxes and water valves) and trees with a trunk diameter greater
than 4". The survey data will be indexed to NAD83 horizontally and NAVD88 vertically. Control
monuments will be established, marked and noted on the drawings and in the electronic files
for future reference and construction layout.
Geotechnical design services are included with 3 borings. The report will provide
recommendations for any required soil modification, pavement base preparation and
pavement thickness recommendations. Park Dr. W will have recommendations for using the
existing materials, if feasible. HVJ Associates North Texas will do the geotechnical work as a
sub -consultant.
City of Fort Worth, Texas Page 3 of 20
Attachment A
Release Date: 07.22.2021
Page 3 of 20
FORT WORTH.
WORK TO BE PERFORMED
Task 1.
Design Management
Task 2.
Conceptual Design (30%)
Task 3.
Preliminary Design (60%)
Task 4.
Final Design (90% and 100%)
Task 5.
Bid Phase Services
Task 6.
Construction Phase Services
Task 7.
Survey Services
Task 8.
Plan Submittal Checklists
City of Fort Worth, Texas Page 4 of 20
Attachment A
Release Date: 07.22.2021
Page 4 of 20
FORT WORTH.
TASK 1. 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 issues 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 design team activities.
• Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance
of the work.
• Communicate internally among team members.
• Task and allocate team resources.
1.2. Communications and Reporting
• Attend a pre -design project kickoff/charter 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 QC/QA reviews and document those activities.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY. Multi -month billing is
not allowed. Months in which no work is being invoiced shall require submission
of a $0.00 invoice. Prepare and submit monthly Project Status Reports in the
format provided by the Transportation and Public Works Department.
• 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 in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project.
• 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.
ASSUMPTIONS
• One (1) pre -design project kickoff/chartering meeting
• Eight (8) monthly project update meetings during design phase
• Four (4) plan review meetings
City of Fort Worth, Texas Page 5 of 20
Attachment A
Release Date: 07.22.2021
Page 5 of 20
FORT WORTH.
• All submittals to the City will be Quality checked prior to submission.
• Project design phase is anticipated to take eight (8) months.
• Project construction phase is anticipated to take four (4) months.
Eight (8) monthly updates of Project Status Reports, MWBE forms, TPBE, and
project Schedule.
DELIVERABLES
A. Meeting summaries with action items
B. Baseline design schedule
C. Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes
D. Monthly Project Status Reports
E. TPBE spreadsheet updates with milestone submittals and when new cost figures
are available
F. Plan Submittal Checklists
G. Monthly invoices
H. Monthly M/WBE Report Form and Final Summary Payment Report Form
City of Fort worth, Texas Page 6 of 20
Attachment A
Release Date: 07.22.2021
Page 6 of 20
FORT WORTH.
TASK 2. CONCEPTUAL DESIGN (30 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 problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with 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 (such as
TxDOT and railroads).
• Site reconnaissance
2.2 The Conceptual Design Package shall include the following:
• Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Cover sheet (1 Sheet)
• Horizontal alignment (excluding profiles) of streets, street right-of-way, and
existing utilities gathered during Data collection within the project limits. (10 total
sheets anticipated)
• Typical Section sheet showing proposed section for Engblad Drive and Cobb
Park Drive West. (1 Sheet)
• Preliminary layout of parking lot layout of Highland Hills Park. (1 or 2 sheets
anticipated)
• If applicable, demolition plan, proposed phasing of street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost (1 for each location).
ASSUMPTIONS
• PDF copies of the conceptual design package will be electronically delivered.
Drawings will be half size (11" x 17").
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM 360
• All submitted documents and checklists will also be uploaded to the designated
project folder in BIM 360
City of Fort worth, Texas Page 7 of 20
Attachment A
Release Date: 07.22.2021
Page 7 of 20
FORT WORTH.
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
City of Fort worth, Texas Page 8 of 20
Attachment A
Release Date: 07.22.2021
Page 8 of 20
FORT WORTH.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. The Preliminary Design Drawings and Specifications shall include the following:
• Cover Sheet (1 Sheet)
• General notes sheet (1 Sheet)
A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally, on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e., set in the centerline of the inlet in the South curb line of North Side Drive at
the East end of radius at the Southeast corner of North Side Drive and North Main
Street). (1 Sheet)
• Plan and or plan and profile drawings of proposed roadway and parking
improvements. (10 Sheets)
• Prepare design for rehabilitation of parking lot at West end on Engblad Drive.
Improvements to include striping of parking spots and re -striping of existing
handicap parking spots. (1 or 2 Sheets)
• Plan view grading sheets for areas of ponding or erosion for each project location
as described Project Objective Section above. (5 Sheets Anticipated)
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, details unique to the construction of
the project.
3.2. Geotechnical Investigation/Pavement Design
Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identifying existing groundwater elevation at each boring.
3.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
City of Fort worth, Texas Page 9 of 20
Attachment A
Release Date: 07.22.2021
Page 9 of 20
FORT WORTH.
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.5. Utility Clearance
The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in BIM 360 for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.6. Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's BIM 360 website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
ASSUMPTIONS
3 borings at each project location (6) total at an average bore depth of 10 feet each will be
provided.
• Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an
additional 3 project specific traffic control sheets will be developed.
• A PDF of the geotechnical report will be delivered to the CITY.
• PDF plans will be delivered for Utility Clearance.
• PDF plans will be delivered for Constructability Review.
• PDF drawings will be delivered for Preliminary Design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM 360.
• All submitted documents and checklists will also be uploaded to the designated
project folder in BIM 360.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
City of Fort worth, Texas Page 10 of 20
Attachment A
Release Date: 07.22.2021
Page 10 of 20
FORT WORTH.
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E. Estimates of probable construction cost (1 for each location)
F. Traffic Control Plans
City of Fort Worth, Texas Page 11 of 20
Attachment A
Release Date: 07.22.2021
Page 11 of 20
FORT WORTH.
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:
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• 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.
ASSUMPTIONS
• PDF drawings and specifications will be delivered for the 90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in BIM 360.
• PDF drawings and specifications will be delivered for the 100% design.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in BIM 360.
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format (1 for each location).
E. Digital cover sheet for the signatures of authorized CITY officials.
City of Fort worth, Texas Page 12 of 20
Attachment A
Release Date: 07.22.2021
Page 12 of 20
FORT WORTH.
TASK 5. BID PHASE SERVICES.
The CITY reserves the right to bid the project via traditional project bid or unit price
alternative delivery. ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto the City's
document management system (BIM 360) for access to potential bidders.
• Project Manual shall be uploaded in a single PDF file.
• Bid Proposal Document of the Contract documents shall be uploaded in a file
format of filename extension ".xls".
Unit Price Proposal documents are to be created utilizing the city's unit price
tool only and combined in a specified spreadsheet workbook, Bid Proposal
Worksheet Template, that will be populated and configured so that all pages
are complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
• Plan Sets are to be uploaded to the City's document management system
(BIM 360) in two formats, .pdf and .CAD files. The .pdf will consist of one file
of the entire plan set.
• If requested by prospective bidders, the ENGINEER will sell contract documents
at a reasonable price to recover reproduction and document request fulfillment
cost. The CITY will not sell hard copies of the contract documents.
• The ENGINEER will coordinate with the CITY PM to obtain received
"Expressions of Interest" from prospective bidders and from uploaded Plan
Holder Registrations in the City's document management system (BIM 360) by
contractors. ENGINEER will maintain a plan holders list.
The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders' questions and requests
and the response thereto. The log shall be housed and maintained in the
project's folder titled Request for Information. The ENGINEER will provide
technical interpretation of the contract bid documents and will prepare proposed
responses to all bidder's questions and requests in the form of addenda. The
ENGINEER shall upload all approved addenda onto the City's document
management system (BIM 360) and email addenda to all plan holders.
• Attend the pre -bid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• 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.
City of Fort worth, Texas Page 13 of 20
Attachment A
Release Date: 07.22.2021
Page 13 of 20
FORT WORTH.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's
Bid Results folder on the City's document management system (BIM 360)
• Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Construction documents will only be made available on the City's document
management system (BIM 360) for plan holders and/or given to plan viewing
rooms.
• Construction documents will not be printed by the CITY and made available for
purchase by plan holders and/or given to plan viewing rooms.
• PDF and CAD files will be uploaded to the City's document management system
(BIM 360).
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed)
E. CFW Data Spreadsheet
City of Fort worth, Texas Page 14 of 20
Attachment A
Release Date: 07.22.2021
Page 14 of 20
FORT WORTH.
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
• The ENGINEER shall attend the pre -construction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend one (1) public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location or media and mail notices to
the nearby residents and other stakeholders.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
• 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. The ENGINEER shall log and track all shop
drawings, samples and other submittals in BIM 360.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, respond to Request for Information (RFI)
from the contractor, review change orders, and make recommendations as to the
acceptability of the work. The ENGINEER will meet with the Project Delivery
Team and Contractor on -site to review any field changes.
• The ENGINEER shall attend the "Final' project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction.
Information provided by the CITY may include, but is not limited to the following:
o As -Built Survey
o Red -Line Markups from the Contractor
o Red -Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
City of Fort worth, Texas Page 15 of 20
Attachment A
Release Date: 07.22.2021
Page 15 of 20
FORT WORTH.
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
These Record Drawings were prepared using information
provided by others and represent the as constructed
conditions to the extent that documented changes were
provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that the
documented changes are accurately depicted on these
drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or
higher) and in DWF format. The ENGINEER may keep copies of the
information provided by the CITY for their files, but all original, red -lined drawings
shall be returned to the CITY with the digital files.
• There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a
separate PDF and DWF file for the Water plan set, if required. Each PDF and
DWF file shall contain all associated sheets of the particular plan set. Sinqular
PDF and DWF files for each sheet of a plan set will not be accepted. PDF
and DWF files shall conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in the City's document management system (BIM 360).
For information on the proper manner to submit files and to obtain a file number for
the project, the ENGINEER should coordinate with the City project manager. File
numbers will not be issued to a project unless the appropriate project numbers and
fund codes have been assigned and are in the Department of Transportation and
Public Works database.
ASSUMPTIONS
Four (4) site visits are assumed.
• Three (3) submittal reviews are assumed.
• Four (4) RFI's are assumed.
• Two (2) Change Orders are assumed.
City of Fort Worth, Texas Page 16 of 20
Attachment A
Release Date: 07.22.2021
Page 16 of 20
FORT WORTH.
DELIVERABLES
A. Response to Contractor's Request for Information
B. Review of Change Orders
C. Review of shop drawings
D. Final Punch List items
E. Record Drawings in digital format
City of Fort worth, Texas Page 17 of 20
Attachment A
Release Date: 07.22.2021
Page 17 of 20
FORT WORTH.
TASK 7. SURVEY.
ENGINEER will provide survey support as follows.
7.1. Design Survey
7.2.
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, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
canopy, and have qualified arborist identify species of trees), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys. Spot elevations will be shown on intersection layouts with cross
slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
— A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
— The following information about each Control Point.
a. Identified (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.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
— No less than two horizontal benchmarks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
ASSUMPTIONS
• City -owned Park facilities. Right -of -entry will not be required.
DELIVERABLES
A. Drawing of the project layout with dimensions and coordinate list.
City of Fort worth, Texas Page 18 of 20
Attachment A
Release Date: 07.22.2021
Page 18 of 20
FORT WORTH.
TASK 8. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMEN—S
Street
Water
Traffic Traffic
Traffic
Traffic Storm
"A"
Storm Lights
/Sewer Traffic
Control
trol Conttrol
Control
Attachment Signal Water
Water (Submit
(Submit Engineering
30% 60 /0
90/o
Type (Submit All
30%
60% All @
(Submit All
All @
@ 30%)
30%
@ 60%)
60%)
Required for all work
in City
ROW
Street X X
X X
V X
X X
X
Storm Water X
X
X X
X
Water / Sewer
X
X X
X
*If included in street project
City of Fort Worth, Texas Page 19 of 20
Attachment A
Release Date: 07.22.2021
Page 19 of 20
FORT WORTH.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF
SERVICESAdditional 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 of easements or property acquisition.
• 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 damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• 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.
• No SUE services will be provided by the ENGINEER.
• No drainage Studies, maps, or calculations will be provided by the ENGINEER.
• No permitting services will be provided by the ENGINEER.
• No Construction Survey services will be provided by the ENGINEER.
City of Fort worth, Texas Page 20 of 20
Attachment A
Release Date: 07.22.2021
Page 20 of 20
ATTACHMENT B
COMPENSATION
Design Services for
ARPA Cobb Park Road/Parking Improvements — Project No. 104476 and
ARPA Highland Hills Park Road/Parking Improvements — Project No. 104477
Time and Materials with Rate Schedule Project
Compensation
A. The ENGINEER shall be compensated for personnel time, non -labor expenses,
and subcontract expenses in performing services enumerated in Attachment A as
follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateaory Rate for the ENGINEER's team member performing the work.
Labor Cateaory Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category
Rate
($/hour)
Project Director
285.00
Project Manager
185.00
Project Engineer
155.00
EIT
135.00
CADD
140.00
Administrative
90.00
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 4
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER in
performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Park and Recreation Department monthly progress reports and schedules in the
format required by the City.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 4
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Neel -Schaffer, Inc. Prime Consultant
Proposed MWBE Sub -Consultants
Non-MWBE Consultants
TOTAL
Fee Amount %
$177,963.00 100%
$177,963.00 100%
Project Number & Name Total Fee MWBE Fee MWBE %
104476 — ARPA Cobb Park $106,77.80 $0.00 0.00%
Road/Parking Improvements
104477 — ARPA Highland Hills Park o
Road/Parking Improvements $71,185.20 $0.00 0.00%
City MWBE Goal = 0%
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
Consultant Committed Goal = 0%
EXHIBIT "13-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
C d
III NEED-SCHAFFER
= Solutions you can build upon
Park and Recreation Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, TX 76115
Project NS.XXXXX.000
City Project 104476 - Road and Parking Improvements in Cobb Park and Highland Hills Park
For Professional Services from August 01. 2023 to August 31. 2023
Lump Sum:
Cobb Park and Highland Hills Park
Task 1 - 4: Design Phases
Task 5 Bid Phase Services
Task 6 Construction Phase Services
Task 7 Survey Services
Total Lump Sum Service:
Please remit payment to:
Neel -Schaffer, Inc.
515 Houston Street, Suite 651
Fort Worth, Texas 76102
Invoice # : XXXXXXX
Project : NS.XXXXX
Invoice Date : 9/15/2023
Previous
Current Pet.
Total
Phase Fee
Amount
Amount Comp.
Fee Earned
$137,753.00
$0.00
$0.00 0.00
$0.00
$11,700.00
$0.00
$0.00 0.00
$0.00
$12,510.00
$0.00
$0.00 0.00
$0.00
$16,000.00
$0.00
$0.00 0.00
$0.00
$177,963.00
$0.00
$0.00 0.00
$0.00
Less Previous Billings:
$0.00
Amount Due This Invoice:
$0.00
ARLINGTON • DALLAS • FORT WORTH • HOUSTON
engineers • planners • surveyors • environmental scientists • landscape architects
515 Houston St, Ste. 651 • Fort Worth, TX 76102 • phone 817-548-0696 • fax 817-265-8532 • www.neel-schaffer.com
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
ARPA Cobb Park Road/Parking Improvements — Project No. 104476 and
ARPA Highland Hills Park Road/Parking Improvements — Project No. 104477
<List any changes to the Standard Agreement>
No Changes.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of I
FORT WORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
Estimated Design Schedule:
Design Engineer Agreement
Issue Notice -to -Proceed: July 24, 2023
Conceptual Design (30%)
60 Calendar Days
City Review - 14 Calendar Days
Preliminary Design (60%)
90 Calendar Days upon receiving City review comments
City Review - 14 Calendar Days
Final Design (90% and 100%)
45 Calendar Days upon receiving City review comments
City Review - 14 Calendar Days
Environmental (Not applicable)
Permitting (Not Applicable)
ROW Acquisition (Not Applicable)
Utililty Relocation (Not Applicable)
Construction
Bid and Award - 60 Calendar Days
Construction - 120 Calendar Days
Closeout
30 Calendar Days
Total Estimated Time: 447 Calendar Days
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
.S{eM - F�Fy4r).• i1; S �r ,� 5. ��\� � * �.�. .,�.. �•'■ ", F �,'
*� '*a�i/� r : •. _ � �Sy: : is r1 � `Zr - . � � S'y+
_ k ��R'f�#77V��''.� }��T rr �y+�'i% _".�. +ti.. �� }• � y �,•L � � .r �.�� 4:st��4 r sa. in` '-f:..*
w.� 'i + ��' Imo' {s •` , {Y
i d * i # ter` • r K �4X7: IF
{,��: t. .,� � ��G '4a-, ''?' -}' sr I 1 � + r' ° Y`r � I� ' f ._..� �t 3 'xi.� t .?# •
. F - w .�• _.� + rf'� ti i'y_'f.1 _ 'x '. �! '..�.fi -y �� • u ] '�i��' �[—�--�'yt'r y tN1{F
'*. �'� r Ski'-r "_�{ � '�:."?�"�`."+P'4'.+•• +• �� H��� :�� �F..��IS I ± '•"•' _�k` }.c.
e ' .�.1'�_ rProject Area
I
�* - - +. � ii � 1 k- �' }.fir, ±iti, •mod,' ._ , y#
..Yr � • � S 3.,,r-'a 'a ti++k "'1 'rfY.? .� �. ii+:' �r -
-1
IJ
jS
Ila
j IF
• • - - -�+ � � � it s z'="y'; � � � � `,
�qT
104467 - ARPA Highland Hills Park Attachment E
Location Map
k' i {
Fort Worth
V.
• <
5
Highland Hills t
Park Project Location
r 4
� •� r
Engblad Drive
0
282.27
Project Area j
Y� YFORT WORTH.
1 + + Or
4/17/23 11:31 AM
This product is for informational purposes and may not have been prepared for or be
564.5 Feet suitable for legal, engineering, or surveying purposes. The City of Fort Worth assumes no
responsibility for the accuracy of said data.
1:3,387
NCTCOG ORTHOPHOTOGRAPHY s
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
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 Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against 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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. 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. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. 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 as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its 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 City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured 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 priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 06/27/23 M&C FILE NUMBER: M&C 23-0517
LOG NAME: 8000BB PARK/HIGHLAND HILLS ROAD AND PARKING IMPROVEMENTS
SUBJECT
(CD 8) Authorize Execution of an Engineering Services Agreement with Neel -Schaffer, Inc., in the Amount of $177,963.00, for Design and
Preparation of Construction Documents for Road & Parking Improvements at Cobb and Highland Hills Parks
RECOMMENDATION:
It is recommended that the City Council authorize execution of an engineering services agreement with Neel -Schaffer, Inc., in the amount of
$177,963.00, for design and preparation of construction documents associated with roadway and parking lot improvements for the ARPA Cobb
Park Rd/Prking Impro project (City Project No. 104476) and ARPA HH Park Rd/Prking Improv project (City Project No. 104477).
11&10111:1.1103►I
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an engineering services agreement with Neel -Schaffer,
Inc., in the amount of $177,963.00, for design and preparation of construction documents associated with roadway and parking lot improvements
at both Cobb Park and Highland Hills Park.
On September 27, 2022 (M&C 22-0789) City Council approved the allocation of $4,000,000.00 from the American Rescue Plan Act (ARPA)
funds, Subtitle M (Coronavirus State and Local Fiscal Recovery Funds) for a transfer to capital for Cobb Park road and parking reconstruction,
Highland Hills Park road and parking reconstruction, and improvements at the Fort Worth Zoo which include bridge, erosion, and road
improvements and the installation of broadband. Of the $4,000,000.00 in ARPA funds, $1,500,000.00 was appropriated to fund the road
and parking improvements at Cobb Park and $1,000,000.00 was appropriated to fund road and parking improvements at Highland Hills Park.
Cobb Park is situated along Sycamore Creek with access to US 287 to the north and E. Berry Street to the south. The park encompasses over
224 acres and was originally dedicated in 1921. Project scope will focus on paving and drainage along Cobb Park Drive, beginning on the west
side of the new bridge, extending north to US 287.
Highland Hills Park was dedicated in 1968, consists of 28 acres and includes two entry roads with parking lots and the Highland Hills Community
Center. Access to the southern portion of the park is provided at the end of Engblad Drive with both the road surface and parking surfaces in need
of repair. This project will provide a new driving surface and parking area for this portion of the park.
The ARPA funding must be obligated by December 31, 2024, and expended by December 31, 2026. Staff foresees no issues with these projects
meeting that timeline.
Business Equity — Compliant to the BE Ordinance, Section 20-368(d), DVIN does not set goals on federally -funded projects when the City's
participation in the agreement is less than $1,000,000.00.
These projects are located in COUNCIL DISTRICT 8
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the current capital budgets, as previously appropriated, in the Grants Cap
Projects Federal Fund ARPA Cobb Park Rd/Prking Impro and ARPA HH Park Rd/Prking Improv projects to support the approval of the above
recommendation and execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility
of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804
Oriainatina Business Unit Head: Dave Lewis 5717
Additional Information Contact: Joel McElhany 5745