HomeMy WebLinkAboutContract 60758CSC No. 60758
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 LandDesign, Inc., authorized to do business in Texas, ("ENGINEER"), for a
PROJECT generally described as: Glenwood Park Master Plan — Project No. 105077.
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 $62,000.00 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: 12-08-2023
Page 1 of 15
Glenwood Park Master Plan
105077
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. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the designation of the
ENGINEER's "Project Manager" prior to starting work on contract.
(2) ENGINEER shall inform CITY in writing of a proposed change to their
designated project manager prior to making the change or
immediately upon receiving notification that the designated project
manager is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the proposed
replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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,
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 2 of 15
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.
E. 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.
F. 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.
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 3 of 15
(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.
G. 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.
H. 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.
I. Record Drawings
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 4 of 15
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.
J. Business Equity Participation
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. In accordance with the CITY's Business Equity Ordinance No.
25165-10-2021 (as codified in Chapter 20, Article X of the CITY's Code of
Ordinances, as amended, and any relevant policy or guidance documents),
ENGINEER acknowledges the MBE and WBE goals established for this
AGREEMENT 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.
K. 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.
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 5 of 15
(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
effect as of the time copying is performed.
L. 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.
M. 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.
N. 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.
O. 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.
P. 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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 6 of 15
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.
Q. 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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 7 of 15
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of CITY, CITY hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER'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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 8 of 15
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.
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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 9 of 15
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,
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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 10 of 15
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.
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,
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 11 of 15
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"
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
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 12 of 15
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 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, 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. 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.
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 13 of 15
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
0,-�
Jesica McEachern
Assistant City Manager
Date: Jan 12, 2024
o 9 U.poF°°° °°!r°a
ATTEST: �'°°
14,
4po6gb
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:
Richard Zavala
Director, Park & Recreation
KC
T'p
BY:
ENGINEER
LandDesign, Inc.
Heth K n ick (Jan 3, 2024 08:27 CST)
Heth Kendrick
Principal
Date: Jan 3, 2024
Jv r-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 14 of 15
APPROVED AS TO FORM AND LEGALITY M&C No.: N/A
By: M&C Date: N/A
Jeremy Anato Mensah
Assistant City Attorney
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.
Patrick Vicknair
Park Planner
City of Fort Worth, Texas Glenwood Park Master Plan
Standard Agreement for Engineering Related Design Services 105077
Revised Date: 12-08-2023
Page 15 of 15
Attachment A
Scope of Services
Based on correspondence with the CITY on August 23, 2023, the following areas are
understood to be within the Scope of Services for the ENGINEER:
The CITY desires to retain the services of the ENGINEER to provide landscape
architecture and parks and recreation services for the CLIENT'S 36.9 AC Glenwood
Park at South Riverside Drive and East Rosedale Street (the "Project") pursuant to the
terms and conditions herein.
Development of a master plan, for the existing Glenwood Park, including but not limited
to the following amenities:
• Athletic Fields
• Walking Trails
• Picnic Shelters
• Site Furnishings
• Playgrounds
• Security Lighting
• Roads
• Parking
The anticipated Master Plan will include:
- Site Analysis - Study of the existing site conditions, environmental impacts and
connections with the surrounding neighborhoods and community.
- Master Plan Preparation - Prepare a master plan of the park based on
understanding of the site characteristics, developing a program of park uses based
on community input and CITY park standards, and creating a plan that will optimize
the functions of the park.
- Opinion of Probable Construction Cost (OPCC) and Phasing Plan — Based on the
approved master plan and the available funding, develop an OPCC and phasing
plan for the development of the initial and future phases of the park.
SERVICES OVERVIEW
The professional services provided by the ENGINEER shall include the following
items:
1. Coordination / Management / Communication.
ENGINEER shall perform the following tasks:
A) KICK-OFF MEETING: Attend one (1) PROJECT kickoff meeting with the CITY to
review PROJECT scope, schedule, deliverables, status reporting, communications,
and expectations for the project.
B) PUBLIC INPUT: Schedule, organize and coordinate three (3) stakeholder
meetings to gather input from different stakeholders.
C) PROJECT MANAGEMENT: Lead and manage the ENGINEER team throughout
the project.
D) PROJECT COMMUNICATION: Communicate regularly by phone and email with
CITY staff.
E) PROJECT STATUS REPORTS: Provide to the CITY a one -page project status
report with each invoice submittal.
F) PROJECT MEETINGS: Participate in public meetings with CITY staff as noted
specifically in each task described below.
2. Data Review / Site Visit / Base Map/Site Analysis
ENGINEER shall perform the following tasks:
A) DATA GATHERING: Gather and review available relevant PROJECT data
provided by CITY and other sources necessary for completion of the PROJECT
master planning. Data will include CITY owned information such as boundary
survey(s), aerial topography, site use information, environmental studies, Google
Earth aerial photography, NCTCOG topography, Texas
historical/environmental/cultural resource data, FEMA flood plain data, utility data
such as electric, gas lines, water/wastewater and other relevant information.
B) SITE ASSESSMENT:
1. Site visit — Visit the PROJECT site to observe and photographically document
existing conditions as necessary for completion of the project.
2. Site analysis — Graphic expression of site observations, topographic analysis,
vegetation analysis, drainage patterns, water features, sun angles, wind directions,
views, adjacent land uses, etc.
C) BASE MAPPING: Prepare a base map for the project utilizing ENGINEER'S
relevant project data. The project base map shall be suitable for use in both 22-inch
x 34-inch (full -color aerial photo background).
D) PUBLIC MEETING: Facilitate one (1) meeting for the purpose of receiving input
and priorities in community park facilities. ENGINEER will prepare presentation
boards for the meeting.
3. Illustrative Master Plan
ENGINEER shall perform the following tasks:
Based on data gathered and input received from the CITY and public, prepare a
Preliminary and Final Master Plan.
The Preliminary and Final Master Plans shall be in full color and shall include
PROJECT name, list of existing and proposed park elements with labels, north
arrow, scale, date, CITY name and logo, and ENGINEER'S name logo.
The Preliminary and Final Master Plans shall be suitable for clear readable use in
both 22-inch x 34-inch (full size) and 11-inch x 17-inch (half size) formats.
A) Prepare an "Initial Concept" of the Preliminary Master Plan documents described
above for review by the CITY.
B) Following comments and guidance provided by the CITY and the public, prepare
final master plan and OPCC documents described above.
C) Facilitate one (1) public meeting for the purpose of receiving feedback on the
draft master plan, and further clarification on the public's priorities on community
park facilities. Provide presentation boards for the meeting.
D) Attend two (2) Park Board meetings to present the Final Master Plan, one (1) as
an information item and one (1) as an action item.
ENGINEER shall, at request of the CITY, transmit to the CITY electronic copies of
ENGINEER'S work product components including but not limited to data, photos,
images, text, designs, cost opinions, etc. for project -related use by the CITY.
4. OPCC
ENGINEER shall provide OPCC at each of the delivery milestones as described
above. ENGINEER's OPCC shall be based on the quantities indicated on the
ENGINEER's plans and on unit prices current at the time of the cost opinion
preparation. ENGINEER shall also provide a Phasing Plan at the final OPCC
submittal. The Phasing Plan shall be based on available funding and priorities
expressed by CITY staff, stakeholders, and the public.
CLARIFICATIONS AND EXCLUSIONS
Services and work products by ENGINEER beyond those specifically described
above are not included in the project unless mutually agreed to by CITY and
ENGINEER in writing prior to the performance of such services.
Attachment B
Compensation
The services described in Attachment A Scope of Services shall be provided for a total
lump sum fee of $62,000.00 (Sixty -Two Thousand Dollars and No Cents). The overall
fee total shown shall not be exceeded without prior written authorization from the CITY.
Payment for the services described in Attachment A Scope of Services shall be invoiced
to the CITY on a monthly basis, based upon percentage completed for each task. Below
is a fee breakdown by task for the services described in Attachment A
Scope of Services:
Task Fee
1. Coordination/Management/Communication $5, 000
2. Data Review/Site Visit/Base Map/Site Analysis $15,000
3. Illustrative Master Plan $37, 000
4. Opinion of Probable Construction Cost $5, 000
Total Fee for Services: $62,000
Attachment C
Amendments to Standard Agreement for Engineering Related Professional Services
(No amendments are required.)
ATTACHMENT "D"
PROJECT SCHEDULE
Glenwood Park Master Plan
The ENGINEER will work in a timely manner to meet the project delivery goals of
the CITY. The understanding of the project timing is as follows:
The project is anticipated to be completed within five (5) months (140 calendar
days). Shown below is the anticipated time duration breakdown by task:
Glenwood Park Master Plan
Basic Services
Task Duration
1. Coordination/Management/Communication N/A
2. Data Review/Site Visit/Base Map/Site Analysis 4 Weeks
3. Illustrative Master Plan 15 Weeks
4. Opinion of Probable Construction Cost 2 Weeks
Total Project Duration: 21 Weeks
fs5ye : # E Bessie SL +i r. ' t
�°. ys ��p �■ irk :��� '{ y s �:. �� 6 5 �+ t •.,s .� 5.� E4Tu[ker.5=
►i •i-� f_ E tucker 5t `
E 4nnie St
r ,
w E Hattie St o�:t' •' f
E�+yiHattie 5t Ea•
. � r 3{ �a � r a+ w,�4'Y'1. ; '.a. _ yi.� �' •`n may. _
orl St E Can5t u f Cannon .Stt f1wz
.-� � - '►, ..! : 3 ���gW of
ELeuda`St' .1�frL E Ceuda St �+l`.rkP
.€' E Terrell AUe _ IA � a ` . - E Vickerylbl
N ; E.kumholl,5[ H- Ave B
E Pulaski+St 1n;i
• _ Avenuel
vertiena!�t,
■
t''4Iftr
_ .I = a+ ,* r �• .�i.' ..i. r
y �� en�Avenue+E '
Oteande
.r-St Avenue.E
y.. F .
Roseaal
y►y G , - _ e 5t ¢ e �• E Ras -dale St
1 {+
ve
9+, .a Ito.•,f ...••,� +�,�� +f
tn
�C`�"■ Ilill��i•Li� . F d:l:,rlii'::I � i7v:• , �1r �:� �... � e
�r k • ' r'. �w L 3
.iE.�.At4ovrphy)iSF I
L ♦• R�yJ'' '�. �ODI'7�Lifi�R�'�.. ., . n � .� P I f I` ..r - _ ��atJ1 _1 � L r_" A ., IVA
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 by the 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 exe cution. 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 prior to 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