HomeMy WebLinkAboutContract 60469CITY OF FORT WORTH, TEXAS CSC No. 60469
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
("CITY"), and Olsson, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Neighborhood Park Improvements at Coventry Hills,
Mosier Valley, Martin Luther King and Timberland Parks — Project No. 104695, 104697,
104699, and 104700.
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 $309,955.00 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
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
Page 1 of 15 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
original effective date.
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 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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 respondent 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
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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compensation will be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
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
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER'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.
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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(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.
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.
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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.
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,
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
Page 10 of 15
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
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.
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
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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.
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"
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
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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
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
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
Page 13 of 15
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
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: Nov 13, 2023
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ATTEST:
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Jannette Goodall
City Secretary
BY:
ENGINEER
Olsson, Inc.
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Wyatt Popp (Oct31, )(23'13:02 CDT)
Wyatt Popp
Vice President
Date. Oct 31, 2023
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Katherine Cenicola (Nov 13, 2023 15:02 CST)
APPROVAL RECOMMENDED:
By:
Richard Zavala
Director, Park & Recreation Department
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 14 of 15
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2023 Coventry Hills, Mosier Valley, MLK and Timberland
104695, 104697, 104699,104700
APPROVED AS TO FORM AND LEGALITY
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By: ,
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Jeremy Anato-Mensah
Assistant City Attorney I
Contract Compliance Manager:
Form 1295 No. 2023-1052139,
2023-1052141, 2023-1052143,
2023-1052148
M&C No.: 23-0889
M&C Date: 10/17/23
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.
Seth Henry
Landscape Architecture
Park & Recreation Department
City of Fort Worth, Texas 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Standard Agreement for Engineering Related Design Services 104695, 104697, 104699,104700
Revised Date: November 23, 2021
Page 15 of 15
10/25/23, 9:08 AM M&C Review
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORDO
Create New From This M&C
REFERENCE **M&C 23- 80(4) PARKS ENGINEERING
DATE: 10/17/2023 NO.: 0889 LOG NAME: SERVICE (COVENTRY, MILK,
MOSIER, TIMBER
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 4, CD 5, and CD 10) Authorize Execution of an Engineering Agreement with Olsson,
Inc., in the Amount of $309,955.00 for Engineering Related Professional Services for
Improvements at Four Neighborhood Parks: Coventry Hills Park, Martin Luther King Park,
Mosier Valley Park, and Timberland Park (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering agreement with
Olsson, Inc., in the amount of $309,955.00 for engineering related professional services for
improvements at four neighborhood parks: Coventry Hills Park (City Project No.104695), Martin
Luther King Park (City Project No.104699), Mosier Valley Park (City Project No. 104697), and
Timberland Park (City Project No.104700).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
engineering agreement with Olsson, Inc., in the amount of $309,955.00. Project scope includes the
master planning, 100\% engineering design, and construction administration services for four (4)
neighborhood parks: Coventry Hills Park, Martin Luther King Park, Mosier Valley Park and Timberland
Park.
Park amenities to be built at these four neighborhood parks will include, but not limited to,
playgrounds, picnic shelters and site furnishings, walking trails, security lighting, and supporting
infrastructure and equipment.
Total approved 2022 Bond Program project funding for the four neighborhood parks is as follows:
Project Number Park
104695 Coventry Hills Park
RIN00 •rl
WHO* 0 01
RIMM1I11
Mosier Valley Park
Martin Luther King
Timberland Park
Total
2022 Bond Program
$900,000.00
$750,000.00
Park $500,000.00
$300,000.00
$2,450,000.00
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP)
(M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available
resources will be used to actually make any interim progress payments until debt is issued. Once
debt associated with a project is sold, debt proceeds will reimburse the interim financing source in
accordance with the statement expressing official Intent to reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 25515-05-2022).
Olsson Engineering, Inc, is in compliance with the City's Business Equity Ordinance by committing to
16\% Business Equity participation on this project. The City's Business Equity goal on this project is
14\%.
The park facilities are located in Council Districts 4, 5, and 10.
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31515&counci ddate=10/17/2023 1 /2
10/25/23, 9:08 AM M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the 2022 Bond Program Fund for the 22 Bond Coventry Hills Park, 22 Bond Mosier
Valley Park, 22 Bond MLK Park and the 22 Bond Timberland Park projects to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the Park & Recreation Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for City Manaqer's Office by: Jesica L. McEachern (5804)
Originating Department Head: Dave Lewis (5717)
Additional Information Contact: Joel McElhany (5745)
ATTACHMENTS
80 4 Parks Enaineerina Svc Coventry MILK Mosier Timber.xlsx (CFW Internal)
80(4) PARKS ENGINEERING SERVICE (COVENTRY. MILK. MOSIER. TIMBER funds availabilitv.docx (CFW Internal)
Form 1295 Certificate - Four Parks Combined.pdf (CFW Internal)
Olsson Proposal.pdf (CFW Internal)
Signed Business Equity Compliance Memo 9.5.23 AI.pdf (CFW Internal)
apps.cfwnet.org/counci I_packet/mc_review.asp? I D=31515&counci ddate=10/17/2023 2/2
Attachment A - SCOPE OF SERVICES
PROJECT DESCRIPTION AND LOCATION
Project will be located at: Coventry Hills Park, Mosier Valley Park, Martin Luther King Park,
and Timberland Park
Project Description: Neighborhood Park Improvements
SCOPE OF SERVICES
Olsson shall provide the following services (Scope of Services) to Client for the Project:
PHASE 100 - PROJECT COORDINATION/MANAGEMENT/COMMUNICATION
Olsson will conduct project management throughout the project for their work. Olsson will
coordinate with the Client to establish, maintain and adjust project schedules, milestones and
progress of work for the project. Olsson will maintain contact with the Client via phone and email
throughout the project.
Olsson will attend one (1) Kick -Off Meeting to discuss all four parks with the Client to review
project scope for each park, project schedule, deliverables, status reporting, communications,
and expectations for the project.
Olsson will provide monthly one -page project status reports via email to the Client on the last
day of each month through design up to delivery of Issued for Construction documents. (5
months)
Deliverables:
• Monthly Status Memoranda
Meetings
• One (1) Kick -Off Meeting. The single meeting will cover all four parks. — In -
person
PHASE 200 DATA GATHERING/SITE VISIT/BASE MAP
Olsson will obtain and review Project relevant codes and ordinances. The Client will assist
Olsson in identifying and obtaining relevant City Standards, Details and Specifications.
Olsson will obtain a topographical survey of relevant areas within each park per Exhibit 1 shown
below. The topographical survey will include the following:
1. Establish project control using Global Positioning System (GPS) methodology.
Horizontal values will be based on the Texas State Plane Coordinate System,
North American Datum of 1983, North Central Zone (4202) and scaled to surface
using the grid to surface factor of 1.00012 (0,0 base point). The vertical values
will be established by a closed level loop and based on the North American
Vertical Datum of 1988 (NAVD88) using Geoid18.
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 1 of 9 104695, 104697, 104699,104700
2. Research current property owners and obtain copies of subdivision plats and
ownership deeds within the project area.
3. Locate existing property corners and right-of-way corners to establish property
lines and street rights -of -way.
4. Topographic survey to include pavement edges, curb and gutter, buildings and
permanent structures, driveways, culverts, fences and gates, signs, mailboxes,
tops and toes of slopes, spot elevations, surface locations of utilities and flowline
elevations of sanitary and storm sewer manholes where accessible, and other
visible surface features. Concrete expansion joints will be located along existing
park trails.
5. Tree survey to include all trees greater than 4" in diameter on the City of Fort
Worth protected tree list and all trees greater than 12" in diameter.
Olsson will obtain a geotechnical report for each site with recommendations for the identified
improvements at the estimated locations. Geotechnical services for each park will include the
following:
1. Drilling Services
a. Coordination and General Notes
i. The drill crew will contact TX811 to locate underground utilities. To
ensure the safety of the crew on site, Owner must inform Olsson
of the location of all private utilities and private utility service
connections. The cost of locating private utility lines near the
proposed boring location through private locating services can be
provided at an additional fee.
ii. It is assumed that all boring locations are readily accessible.
Boring locations that are not readily accessible will be offset to a
suitable location.
iii. Drilling equipment may cause disturbance to natural surroundings
including but not limited to soil indentations and rutting. Olsson will
not be liable or responsible for any site disturbance that may occur
as a result of bringing equipment on site. The Owner accepts full
responsibility for site disturbance.
b. Field Exploration
i. Olsson proposes to use a truck -mounted drill rig to complete the
following requested borings for the geotechnical exploration (total
for all four (4) parks):
1. 11 borings to depths of 10 feet each
2. 4 borings to depths of 5 feet each
The borings will be advanced to the depths proposed, or to
refusal, whichever is shallower. This proposal is based on a total
drilling footage of 130 linear feet.
ii. Soils will be sampled with either a split -barrel sampler or thin -
walled tube at 2.5 feet intervals or at changes of strata.
iii. Olsson will obtain groundwater levels in the test borings at the
time of drilling and upon completion of the drilling operations.
iv. After obtaining groundwater level readings, Olsson will backfill the
borings with soil cuttings.
2. Geotechnical Services
a. Laboratory Services
Laboratory testing may include visual soil classification, unconfined
compression tests, thin -walled tube density tests, moisture content tests,
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 2 of 9 104695, 104697, 104699,104700
Atterberg limit tests, sieve analysis tests, and swell tests.
b. Engineering Analysis and Report Preparation
Geotech Engineer will perform engineering analyses and provide
conclusions and recommendations regarding the following in a
geotechnical report:
i. Maximum allowable soil bearing pressures and estimates of
maximum total and differential settlement for design of shallow
foundations. Shallow foundation recommendations will include
minimum footing sizes and the minimum bearing depth or other
minimum bearing depth.
ii. Lift thickness, moisture control, and compaction criteria for backfill
and structural fill.
iii. Shrink/swell characteristics of the on -site soils and the potential
for reuse of on -site soils as structural fill.
iv. Preparation of subgrade soils supporting concrete floor slabs,
including an estimate of the modulus of subgrade reaction based
on laboratory test results.
v. Foundation and slab -on -grade drainage requirements.
vi. Pavement sections for light -duty traffic subject to no truck traffic.
Conclusions and recommendations will be presented in a written report
that will include a map of boring locations, soil boring logs, and a
summary of laboratory tests.
Olsson will prepare a Project Base Map for each park site using the topographic survey and
available aerial imagery from the Client. The base map will be formatted to print full size on
22"x34" sheet size and true half-size at 11 "x17" sheet size. The electronic file will be prepared in
such a way to allow for viewing with and without the aerial image visible.
Olsson will conduct one (1) site visit for each park to observe and photograph existing site
conditions. Olsson will prepare an Existing Conditions plan for each park to document observed
conditions and review with the Client.
Olsson will attend and observe two (2) public meetings per park to be organized and conducted
by the Client.
Olsson will attend one (1) Project Review Meeting to review the information gathered. The
Client shall confirm the program elements for each park before proceeding with Phase 300
below.
Deliverables:
• Project Base Map for each park (four (4) total) — PDF formatted to printfull-size
at 22"x34" sheet size
• Existing Conditions Plan for each park (four (4) total) — PDF formatted to print
full-size at 22"x34" sheet size
• Client Confirmed Project Program for each park (four (4) total)
Meetings:
• Eight (8) total Public Input Meetings conducted by the Client (Two per park) — In -
person
• One (1) Project Review Meeting. The single meeting will cover all four parks. —
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 3 of 9 104695, 104697, 104699,104700
In -person
PHASE 300 SCHEMATIC DESIGN
Olsson will prepare a conceptual design showing park improvements for each park based on
the Confirmed Project Program. The design will identify park elements, locations, and general
size and parameters, and relationship to existing elements and each other. The following is
understood to be the base program for each park. Olsson will compare the Confirmed Project
Program with this understanding and make Client aware of discrepancies. Olsson will discuss
with the Client and agree if additional services are required prior to proceeding with this Phase.
The Client shall confirm in writing the agreement.
Coventry Hills Park
A. Prepare plans to implement elements identified in current Master Plan
a. Add a new playground in lot at intersection of Corral Circle / Diamond Trace Trail
/ Chaps Avenue. Olsson will apply City Standard Prototype playground design.
No new playground will be designed.
b. Add a new playground on park land on east side of Western Meadows Drive at
Eagle Trace Drive. Olsson will apply City Standard Prototype playground design.
No new playground will be designed.
c. Add a new soccer practice area on park land to the south of Corral Circle and
east of Western Meadows Drive.
d. Add new concrete trail on park land connecting three identified trail access points
at N. Tarrant Parkway, Western Meadows Drive, and Corral Circle.
e. Add new concrete trail on park land running east -west south of Senator Drive
connecting Ray White Road to existing trails.
f. Add new concrete trail on park land running north -south connecting the southern
area of the park to existing trails in the northern area of the park.
No work will be done to the existing low water crossing as part of this contract.
g. Add two (2) drinking fountains, one at each playground.
h. Add site furnishings (tables, benches, trash receptacles) at each playground and
along trails.
Mosier Valley Park
A. Update existing master plan for park to incorporate acquired land.
a. Develop new concept with additional parking and connection to proposed trails
b. Review with Client in one (1) Design Review Meeting and gain approval of
proposed concept plan
B. Prepare plans to implement elements identified in updated Master Plan
a. Add new playground. Olsson will apply City Standard Prototype playground
design. No new playground will be designed.
b. Add new activity court
c. Add drinking fountain at playground
d. Add site furnishings (tables, benches, trash receptacles) at playground and along
trail
MILK Park
A. Prepare plans for the following elements
a. Resurface existing courts
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 4 of 9 104695, 104697, 104699,104700
b. Add new shelter in park
c. Add new gaga -ball court
d. Add new concrete trail connections from existing sidewalks to existing trail
e. Add site furnishings (tables, trash receptacles) at new shelter
Timberland Park
A. Create Master Plan for new park
a. Develop concept incorporating:
i. Park Shelter. Olsson will apply City Standard park shelter. No new park
shelter will be designed.
ii. Playground. Olsson will apply City Standard Prototype playground design. No
new playground will be designed.
iii. Concrete Trail
iv. Drinking Fountain
v. Site Furnishings (tables, benches, trash receptacles)
b. Review with Client in one (1) Design Review Meeting and gain approval of
proposed concept plan
B. Prepare plans to implement elements identified in updated Master Plan
a. Concrete trail
b. Drinking fountain
c. Site furnishings
Olsson will prepare a preliminary Opinion of Probable Construction Cost (OPCC) for
each park's proposed improvements.
Olsson will review conceptual designs and OPCC for all four parks with Client in one (1)
design review meeting. Client will provide confirmation of program.
Olsson will prepare 30% Plans for each park. Plans will include:
a. Site Plan
b. Demo Plan
c. Layout Plan
d. Preliminary Grading
e. City Standard Details
Olsson will prepare the OPCC based on the 30% Plans.
Olsson will attend one (1) 30% Plan Review Meeting to review the 30% Plans and OPCC and
gain Client approval prior to proceeding to preparing 60% Construction Documents. Client shall
provide all comments to Olsson in single, typed -correspondence.
Deliverables:
• 30% Schematic Design Plans — B&W PDF formatted to print full-size at 22"x34"
sheet size
• 30% Opinion of Probable Construction Cost — B&W PDF formatted to print on
letter size paper.
Meetings:
• One (1) Design Review Meeting to review design concepts for Mosier Valley
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 5 of 9 104695, 104697, 104699,104700
Park and Timberland Park. — In -person
• One (1) Design Review Meeting to review conceptual designs and preliminary
OPCC. The single meeting will cover all four parks. — In -person
• One (1) 30% Plan Review Meeting to review the 30% Plans and OPCC. The
single meeting will cover all four parks. — In -person
Phase 400 60% CONSTRUCTION DOCUMENTS
Olsson will update design per comments received in the 30% Plan Review Meeting and prepare
construction plans at 60% completion level. Plans will include:
a. Site Plan
b. Erosion Control
c. Demo Plan
d. Layout Plan
e. Grading Plan
f. Utilities Plan (Water/Sewer for drinking fountain)
g. Landscape Plan
h. Details
i. City Standard
ii. Playground (Based on City Standard)
iii. Shelter (Based in City Standard)
iv. Gaga -ball Court
v. Paving
vi. Site Furnishings
Olsson will prepare Table of Contents of technical specifications.
Olsson will update the OPCC based on the 60% Construction Documents.
Olsson will attend one (1) 60% Plan Review Meeting with Client to review 60% Plans, OPCC,
and Table of Contents and obtain Client approval prior to proceeding to preparing 90%
Construction Documents. Client shall provide all comments to Olsson in single, typed -
correspondence.
Deliverables:
• 60% Construction Documents — B&W PDF formatted to print full-size at 22"x34"
sheet size
• 60% Opinion of Probable Cost Considerations — B&W PDF formatted to print on
letter size paper.
• Table of Contents for Technical Specifications — B&W PDF formatted to print on
letter size paper.
Meetings:
• One (1) 60% Plan Review Meeting to review the 60% Plans, OPCC and Table of
Contents. The single meeting will cover all four parks. — In -person
Phase 500 90% CONSTRUCTION DOCUMENTS
Olsson will update design and plans per comments received in the 60% Plan Review Meeting
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 6 of 9 104695, 104697, 104699,104700
and prepare construction plans at 90% completion level.
Olsson will prepare Technical Specifications formatted per City template.
Olsson will update the OPCC based on the 90% Construction Documents.
Olsson will attend one (1) 90% Plan Review Meeting with Client to review 90% Plans, OPCC,
and Table of Contents and obtain Client approval prior to proceeding to preparing 100%
Construction Documents. Client shall provide all comments to Olsson in single, typed -
correspondence.
Deliverables:
90% Construction Documents — B&W PDF formatted to print full-size at 22"x34"
sheet size
90% Opinion of Probable Cost Considerations — B&W PDF formatted to print on
letter size paper.
Technical Specifications — B&W PDF formatted to print on letter size paper.
Meetings:
• One (1) 90% Plan Review Meeting to review the 100% Plans, OPCC and Table
of Contents. The single meeting will cover all four parks. — In -person
Phase 600 ISSUE FOR CONSTRUCTION PLANS
Olsson will update design and plans per comments received in the 90% Plan Review Meeting
and prepare construction plans at 100% completion level.
Olsson will prepare the Project Manual.
Olsson will update the OPCC based on the 100% Construction Documents.
Olsson will submit plans to the Client's selected Registered Accessibility Specialist (RAS)
licensed by Texas Department of Licensing and Regulation (TDLR) for accessibility review.
Olsson will receive comments and update design and plans per comments and incorporate into
IFC plans.
Olsson will attend one (1) 100% Plan Review Meeting with Client to review 100% Plans, OPCC,
and Table of Contents and obtain Client approval prior to proceeding to preparing Issued For
Construction Documents. Client shall provide all comments to Olsson in single, typed -
correspondence.
Olsson will update design and plans per comments received in the 100% Plan Review Meeting
and prepare Issued for Construction (IFC) plans.
Olsson will assist the Client in the preparation the IFC Project Manual. The Client shall provide
standard front end and "boiler plate" documents and forms, general and special provisions,
requirements, advertisements, and instructions for bidding and construction. Olsson shall
prepare the Bid Form per City template. Olsson shall provide the Technical Specifications
formatted per City template.
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 7 of 9 104695, 104697, 104699,104700
Olsson will prepare the Engineer's OPCC.
Deliverables:
• 100% Construction Documents — B&W PDF formatted to print full-size at 22"x34"
sheet size
• 100% Opinion of Probable Cost Considerations — B&W PDF formatted to print on
letter size paper.
• Draft Project Manual — B&W PDF formatted to print on letter size paper.
• IFC Construction Documents — B&W PDF formatted to print full-size at 22"x34"
sheet size
• Engineer's Estimate — B&W PDF formatted to print on letter size paper.
• IFC Technical Specification — B&W PDF formatted to print on letter size paper.
Meetings:
• One (1) 100% Plan Review Meeting to review the 100% Plans, OPCC and Table
of Contents. The single meeting will cover all four parks. — In -person
Phase 700 BID PHASE ASSISTANCE
Olsson will attend one (1) Pre -Bid Conference conducted by the Client. The single meeting will
cover all four parks.
Olsson provide responses to requests for information (RFI) and issue Addenda as appropriate
during bidding phase of project in electronic format.
Olsson will assist the Client in analysis of bids and bid award recommendation. Olsson will not
create a bid tabulation spreadsheet of the bids received. Olsson will only review the bid
tabulations to check for completeness and discrepancies or inaccuracies.
Deliverables:
RFI as required in electronic format.
Addenda as required in electronic format.
Meetings:
• One (1) Pre -Bid Conference conducted by the Client. The single meeting will
cover all four parks. — In -person
Phase 800 CONSTRUCTION PHASE ASSISTANCE
Olsson will attend one (1) Pre -Construction Conference conducted by the Client. The single
meeting will cover all four parks.
Olsson will review submittals and shop drawings and provide responses as appropriate in
electronic format.
Olsson will attend up to six (6) Construction Review Meetings in total for all four parks
conducted by others.
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 8 of 9 104695, 104697, 104699,104700
Olsson will attend one (1) punchlist walkthrough of each park to be conducted by the City.
Olsson will assist the Client in the walkthrough. Olsson will not provide any notes or
documentation of observations.
Olsson will not provide any site visits or observation, review, evaluation, inspection or reports of
any work during the entirety of construction.
Deliverables:
• None
Meetings:
• One (1) Pre -Construction Conference conducted by the Client. The single
meeting will cover all four parks. — In -person
• One (1) Punchlist Walkthrough at each park (four (4) total) — In -person
Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for
such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without Client's prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
Attachment A - Scope of Services 2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 9 of 9 104695, 104697, 104699,104700
ATTACHMENT B
COMPENSATION
Coventry Hills Park, Mosier Valley Park, MLK Park, and Timberland Park
City Project No. 104695, 104697, 104699, 104700
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $309,955.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies, and
equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Park & Recreation Department monthly progress reports and schedules in the
format required by the City.
City of Fort Worth, Texas
Attachment B - Compensation
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 1 of 3
AM
ATTACHMENT B
COMPENSATION
IV- Summary of Total Project Fees
Firm Primary Responsibility
Prime ENGINEER
Olsson, Inc. Design engineering
Proposed MWBE Sub-ENGINEERs
Yellow Rose Mapping Survey
Non-MWBE ENGINEERs
None:
Project Number & Name
104695, 104697, 104699 104700 —
Coventry Hills Park, MLK Park, Mosier
Valley Park, and Timberland Park
City MWBE Goal = 14%
City of Fort Worth, Texas
Attachment B - Compensation
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 2 of 3
Fee Amount %
$261,480 84%
$48,475
TOTAL $ 309,955
16%
100%
Total Fee MWBE Fee MWBE %
$309,955 $ 48,475 16%
ENGINEER Committed Goal = 16%
AM
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
N/A
City of Fort Worth, Texas
Attachment B - Compensation
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 3 of 3
AM
Attachment B - COMPENSATION
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Three Hundred Nine
Thousand Nine Hundred Fifty-five dollars ($309,955.00) plus reimbursable expenses in accordance with
the Reimbursable Expense Schedule attached to this agreement. The fee breaks down as follows:
Landscape Architecture ....................................
Topographic Survey (MWBE) ........................
Geotechnical Report ........................................
$244,680.00
.. $48,475.00
.... $16,800.00
Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice.
Page 1 of 1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Coventry Hills Park, Mosier Valley Park, MLK Park, and Timberland Park
City Project No. 104695, 104697, 104699, 104700
Exhibit F Insurance Requirements:
Article IV, D Preparation of Engineering Drawings.
The ENGINEER will provide to the CITY the original drawings of all plans as
electronic files in .pdf format, or in a format 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. The ENGINEER shall not provide hardcopies
of any kind to the CITY.
2. Attachment F Insurance Requirements
Olsson has a $500,000 retention on the professional liability policy
City of Fort Worth, Texas
Attachment C
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page I of I
ATTACHMENT "D"
PROJECT SCHEDULE
Coventry Hills Park, Mosier Valley Park, MLK Park, and Timberland Park
City Project No. 104701, 104702, 104703
The ENGINEER will work in timely manner to meet the project delivery goals of the City.
The understanding of the project timing is as follows:
As Attached
City of Fort Worth, Texas
Attachment D — Schedule of Services
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 1 of 1
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ATTACHMENT "E"
PROJECT LOCATION & MAP
Coventry Hills Park, Mosier Valley Park, MLK Park, and Timberland Park
City Project No. 104695, 104967, 104699, 104700
The PROJECT has four sites that are located in various locations around the City. See
attachment for more information.
City of Fort Worth, Texas
Attachment E — Project Location & Map
2023 Coventry Hills, Mosier Valley, MLK and Timberland
Page 1 of 1
Exhibit 1
B. Coventry Park South
Page 10 of 12
Page 11 of 12
E. Timberland Park
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Proposed Boring Locations
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Page 12 of 12
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