HomeMy WebLinkAboutContract 61467CSC No. 61467
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 MESA Design Associates, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Rock Creek Ranch Park Master
Plan -City Project No. 105076.
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 $191,562.50 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 Ill
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
Rock Creek Ranch Park Master Plan
CPN 105076
Article IV
Obligations of the Engineer
Ii1
B.
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.
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.
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(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.
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.
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OB-2023
Page 2 of 15
(2) In soils, foundation, groundwater, and other subsurFace investigations,
the actual characteristics may vary significanily 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
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-08-2023
Page 3 of 15
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.
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.
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 4 of 15
I. 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.
J. 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 (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
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 5 of 15
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
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 respondeat 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,
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 6 of 15
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
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.
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-08-2023
Page 7 of 15
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
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 Indemni�cation
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.
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 8 of 15
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Slandard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 9 of 15
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 Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-08-2023
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 orsupplier. 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 Rock Creek Ranch Park Master Plan
Slandard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-OS-2023
Page 11 of 15
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 (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-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 Worlh, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-08-2023
Page 12 of 15
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 lsrael during the term
of the contract.
N
U
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
Agreemen#.
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
City of Fort Worth, Texas Rock Creek Ranch Park Master Plan
Standard Agreement for Engineering Related Design Services CPN 105076
Revised Date: 12-08-2023
Page 13 of 15
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: May 28, 2024
ATTEST:
'f,n�r.�
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
i<'C
�?av-ak A'�
By: ,:r ��
Richard Zavala
Director, Park & Recreation
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 14 of 15
BY:
ENGINEER
MESA Design Associates, Inc.
Fred Walters, ASLA
Principal
Date: Apr 12, 2024
Rock Creek Ranch Park Master Plan
CPN 105076
APPROVED AS TO FORM AND LEGALITY
� M&C No.: 24-0228
By: Douglas Black (May 24, 2024 10:45 CDT)
Doug Black M&C Date: 03/19/2024
Sr. 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
Project Manager
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 15 of 15
Rock Creek Ranch Park Master Plan
CPN 105076
LANDSCAPE ARCHITECTURE PLANNING URBAN DESIGN M E SA
EXHIBIT "A"
Proposal for Professional Services
November 6, 2023
Patrick Vicknair, Project Manager
Park & Recreation Department
Planning & Resource Management Division
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth, Texas 761 15-1499
Project: Request for Proposal for the Development of a Park Master Plan for Rock Creek Ranch Park
Fort Worth, TX
Dear Patrick,
This proposal describes the landscape architectural and planning services to be provided by MESA (Prime Consultant), and the
supporting sub-consultant services to be provided by other members of the planning and design team, the costs of these services
and general terms and conditions under which these services would be executed.
SCOPE OF SERVICES
PART ONE: PROJECT KICKOFF AND PAMILIARIZATION
Assessments and public engagement are the foundation upon which our Rock Creek Ranch Park Master Plan and Design
approach is based. Through the public engagement process, field and data assessments, the Master Plan initiatives and
priorities will be identified. This identification reveals the nature of the design concepts to be proposed and establishes
performance altributes by which to evaluate them.
Task 1.1: Kickoff Workshop and Data Collection
The planning and design team will meet with the Fort Worth staff and internal stakeholders to review existing base data, design
initiatives and goals identified for the project. This workshop will address the collective vision for the project and gain input from
the Fort Worth project team on the cultural, aesthetic, and historical qualities of the Rock Creek Ranch Park site which may
influence future design studies. This vision will be documented as a series of goal statements, used to guide subsequent planning
tasks. At this kick-off workshop, it is assumed the Fort Worth project team will identify key stakeholders to be invited to the
kickoff workshop. A key component of this kick-off workshop will be the confirmation of schedules (including key milestones, and
critical path elements, etc.� and deliverables. We will also confirm the core Client team, primary points of contact, stakeholder
groups, and their roles within the planning process. Dates and formats for public workshops will also be discussed.
MESA will gather from the Client, the Engineering sub consultant, and other public domain sources, the database needed to
undertake assessments described in the following tasks and will format this information for use in presentations and the final
report. At a minimum, this base information will include:
1. Aerial photograph of project study area (digital image)
2. Project area limits and boundaries
3. Zoning, Land Use, and ownership maps
2001 N Lamar Street, Suite 100 Dallas, Texas 75202 Office 214 871 0568 Fax 214 871 1507 www.mesadesigngroup.com
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4. USGS and other public domain maps (topography, survey, easements, etc.)
5. Floodplain/floodway delineations and future projections
6. Significant environmental systems as necessary (soils, habitats, etc.); and GIS Data (ArcGIS�, if available.
7. Review existing conditions and prior planning documents, if applicable.
8. Parks Master Plan
9. City of Fort Worth Ordinances
MESA has the right to rely on this information and any information provided by others.
Deliverables: Project kick-off, schedule, and confirmation of process as described above.
Meetings: One (l ) kick-off workshop with Fort Worth Project team and internal stakeholders.
Task 1.2: Rock Creek Ranch Park Ecological and Cultural Significance Survey
The goals of cultural resource and ecological investigations are to identify any cultural resources or unique ecological features
located within the project site that may be potentially eligible for incorporation into the master plan. The intent of the surveys is
to compile data and information about that site for planning purposes only. The data gathered will not be sufficient for gaining
regulatory compliance or for submiltal to regulatory agencies; however, the data gathered may be utilized in compiling the
necessary documentation for later regulatory compliance efforts.
A. Scope of Work Development
ELOS will conduct background research utilizing the Texas Historical Commission (THC) and NRHP online maps and
databases, historic topographic maps and aerial photographs, and other relevant public records. ELOS will also
engage the client and relevant stakeholders regarding identifying any target features of the site.
The purpose of this search and scope of work development is to identify previously conducted cultural resource
surveys, previously identified cultural resources (including archaeological sites, historic structures, cemeteries,
landmarks, and districts), ecological features, and any unrecorded historic structures located within the project area.
Background research will also allow the ELOS team to assess the subject property and vicinity to determine the
potential for previously unidentified cultural resources and ecological features present within the site.
B. Preliminary Cultural Resource Investi�ation
ELOS will conduct a Preliminary Cultural Resource Investigation in accordance with THC's most recent archaeological
guidelines. Sampling techniques that may be employed include pedestrian surveys, shovel testing, or auger drilling.
ELOS' cultural resource staff will excavate no more than 50 testing points and/or auger borings on the 300-acre site at
locations perceived to have a high probability of cultural significance as determined during the scope-of-work,
pedestrian survey, and based on client-feedback.
During the Preliminary Cultural Resource Investigation, the excavated soil matrix will be photographed, examined in
the field to record soil colors and textures, and screened through '/a-inch hardware cloth. Wet soils or clay that cannot
be screened will be hand-sifted, troweled, and examined visually for cultural material. Each shovel test will be
excavated to a depth of 50 centimeters, obstructions impassable by shovel, or until water inundation, whichever occurs
first. MunsellOO Soil Color Charts will be used to record soil color. Soil texture and other identifiable characteristics will
be recorded using standard soils nomenclature. All shovel tests will be backfilled immediately after inspection.
C. Ecological Sinnificance Survev
ELOS will conduct an ecological significance survey to determine the project area's potential significance as it pertains
to unique ecological features. Details of this task are described below:
1. ELOS will conduct a survey of desktop data to determine whether any ecological significant Features are
discoverable within the property. ELOS will also coordinate with the client to identify possible areas of
interest.
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2. ELOS will describe the known physical and biological attributes of the property and identify any wildlife
management programs or other activities that may have an effect species of concern.
3. ELOS will conduct a site visit to determine what habitat types are present within the property, and determine
if any of the habitat conditions are of unique or valuable importance to Ihe area. ELOS will document the
conditions with photographs and other field collected data.
*Note: Informal consultation may include coordination with the U.S. Fish and Wildlife Service and Texas
Department of Wildlife and Fisheries (TDWFj Natural Heritage Program, but formaf consultation with these agencies is
not included as part of this task.
D. Cultural Assessment and Ecological SigniFicance Survey- Findings Report
ELOS will prepare a report detailing the findings of the ecological significance survey and the terrestrial cultural
resources survey to provide an opinion on the significance of particular features or species. If ineasures can be taken
during the planning and design phase that may help minimize the regulatory burden of the project these will be
recommended in the report to provide guidance should the project continue forward. The recommended measures will
be conceptual in nature and not sufficiently detailed to be stated as environmental commitments or for inclusion in the
plans and specifications or any bid documents.
Task 1.3: Rock Creek Ranch Park Physical and Contextual Assessments
The planning team will walk and photograph the site to understand the relationship between built and natural fabric as it is
today. These physical and contextual assessments solidify the planning team's understanding of the site and surrounding
influences in preparation of the public engagement process. The influences of the surrounding community and environment are
critical determinants for the existing site conditions, opportunities, and challenges for the project. MESA will gather input from
the other members of the planning and design team and document the relevant influences that contribute to these conditions to
propose solutions, recommendations, and Master Plan initiatives that address contextual factors within Fort Worth's control
affecting the project.
Assessments: Physical (structures, vegetation, slope, etc.)
Experiential (Sights, sounds, exposure, etc.)
Uti�ities and services
Hydrology and drainage
Traffic/circulation
Programming (from previous community input)
Significant Flora/Fauna
Elements of form that will be reinforced or depreciated by changes to the landscape include:
l. Landmarks
2. Edges (Streets, railroad, private property, Rock Creek)
3. Nodes (key points of intersection and pausing; along Echo Lake shoreline, street intersections, etc.)
4. Districts/Sub-districts
5. Portals (Transitions and thresholds from the suburban to the pastoral)
6. Transitions/Sequences (hierarchy of spaces, destinations, and paths within the park)
7. Nomadic Spaces (claimed by informal use)
8. Focal Points (bridges, overlooks, terminal vistas�
The design team's assessment will establish the localion of such elements of form and their interrelation, especially as it
incorporates the neighborhood and surrounding areas.
Deliverables: Physical assessments as described above in preparation for the public engagement process.
Meetings: One (1 � reconnaissance walk of the project planning area which may be attended by City of Fort Worth staff.
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PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT
The Rock Creek Ranch Park is an important amenity to the City of Fort Worth and the neighboring community. The engagement
goals for this project will be focused on bringing community awareness to the components of the Master Plan, discuss existing
conditions at the park and learn about community needs and desires at the park that could be enhanced by the Master Planning
process. Of primary concern throughout 1he planning process is effective and inclusive communication which offers a variety of
methods to share and collect data. Materials for the public will be available in English and Spa�ish whenever possible.
The comprehensive approach proposed for Rock Creek Ranch Park will include a variety of input strategies for data collection
from stakeholders such as neighborhood residents, City staff, and other park users. The goal will be to obtain helpful feedback
that reflects the community's needs and preferences and respects the history and context of tf�e surrounding area. The
communications strategy For this Master Plan will consist of:
1 . Project Team Meetings/Check-ins
2. Key Stakeholder Interviews
3. Neighborhood Meetings and Special Events (PopUps)
4. Questionnaire/Survey
5. Social Media Outreach
6. Final Staff/Fort Worth Council Presentation�s�
The primary goal of the plan's public participation is to raise awareness of the project, garner support for the park
development, and obtain input from residents on ideas for park programming and concepts.
Public Meetings and Engagement will be conducted throughout the master planning process and interwoven with other part of
the process according to the following general organization:
MASTER PLAN TASI<S
PART ONE: PROJECT I<ICI<OFF AND FAMILIARIZATION
Stakeholder Intervie�rrs
�� PART TWO: COMMUNITY AND STAI<EHOLDER ENGAGEMENT
Survey Developmerit & Distribution, Pop-Up Evenls , Social Media OuUeach
` PART THREE: THE DESIGN FRAMEWORI< AND MASTER PLAN
' Public Meeting 1 Survey Dishibution, and Public nileelin� 2, Survey l�nalysis, Final
Nlaster Plan Prese�itation
PART FOUR: ENGINEERING FEASIBILITY & DUE DILIGENCE
Task 2.1: Project Team Meetings/Check-ins
MESA will prepare and participate in biweekly project team meetings with the City of Fort Worth project manager, and
representative stakeholders from the City of Fort Worth and the Parks and Recreation Department (PARD) as needed to update
them and preview strategies and materials prepared perfaining to the progress of the planning and design effort. MESA will
engage with the project team regarding any issues and ask for their participation in these check-ins as needed. It is understood
that the Fort Worth project team will review the work, provide feedback, and make suggestions for moving forward, ensuring
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their voice and concerns are addressed in the Master Plan. The project team will be the stakeholders who are most familiar with
the project, and day-to-day operations, and will work to ensure it is implementable.
Deliverables: Agendas for team meetings/check-ins, action items and timetables.
Meetings: Up to eight (8) virtual check-ins with the City of Fort Worth project manager and departmental representatives as
needed.
Task 2.2: Neighborhood Public Meetings and Special Events (Pop-ups)
The design team will design and conduct up to two (2) community meetings to share the key findings from the existing
conditions, collect additional input on community needs and priorities, and discuss preliminary concepts. These community
workshops will be interactive and inspire hands-on collaboration. The meetings will take place at key milestones in the project
process and will occur at a location convenient to neighborhood residents and stakeholders. Materials will be presented in both
English and Spanish and the feedback from the meetings will be documented as part of the Final Master Plan.
Pop-up events can expand the audience for participation. They can foster direct and spontaneous interaction with the community
members at locations where the public is already present or recreating. MESA will conduct up to two (2) pop-up outreach events
at existing well-established city and neighborhood events recommended by the City.
Deliverables: Agendas, materials, PowerPoint, handouts, display boards, mailing list, neighborhood mailings and yard signs,
public meeting summary documentation.
Meetings: Implementation of two (2) neighborhood public meetings, and up to two �2) pop-up outreach events.
Task 2.3: Questionnaire/Survey
The design team will collect input on values, needs, priorities, and issues for the Rock Creek Ranch Park Master Plan through a
community questionnaire/survey that will be available in English and Spanish. Surveys are a method to collect opinions from
stakeholders who are unable to attend meetings in person. Topics will range from recreational preferences and use, design
layout, bike/pedestrian access, green space, potential monuments/art and more. Print and electronic copies of the survey will
be distributed throughout the neighborhood, and at in-person meetings/pop-up events. MESA will share a draft version of the
questionnaire for one round of client review before finalizing. Electronic survey distribution will be handled by the City of Fort
Worth Engagement Department and Communications Department in coordination with the MESA engagement.
The survey outreach will utilize City of Fort Worth's established communications and engagement methods, including
webpages, social media (e.g., Facebook, Twitter, etc.�, email distribution lists, and other methods.
Deliverables: Written and online survey in English and Spanish (draft and final�, Survey distribution, and two (2) in-person
neighborhood public meetings or pop-up events as appropriate, and survey analysis.
Task 2.4: Social Media Outreach
Social Media outreach will be executed by the Ci1y of Fort Worth Public Engagement Department in coordination with MESA's
engagement specialist. MESA will consult with City of Fort Worth Engagemenl staff on outreach templates, messaging in English
and Spanish, and graphics, and social media scheduling. MESA anticipates using existing Fort Worth social media and other
established Fort Worth communication channels ro publicize the engagement activities for the duration.
Meetings: Up fo four (4) virtual coordination meetings with Ci1y of Fort Worth Engagement Department for up to four (4) social
media posts.
Task 2.5: Final Fort Worth Park Board Presentation(s)
At the conclusion of the project, the design team will make a final presentation to For1 Worth Park Board representatives and/or
Fort Worth City Council representatives, as requested by the project manager. These presentations will provide an overview of
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the design recommendations/ implementation strategies, community engagement, preliminary cost informafion, and next steps
related to the Master Plan. The design team will be available for questions and answers. These presentations will culminate the
final stage of the Master Plan before approval.
Deliverables: PowerPoint Presentation and display boards
Meetings: Up to two (2) final presentations, one of which will be made to the Park Board
PART THREE: THE DESIGN FRAMEWORK AND MASTER PLAN
It is important that the design effort be guided by a Planning Framework that establishes a physical template within which the
design must work to address the goals and objectives established during stakeholder and community engagement.
Task 3.1: Framework Plan
The Framework Plan is established by examining the project goals identified by staff, stakeholders, and park users during the
engagement process and their relationship with the proposed program elements and park improvements. The goals and
program elements are evaluated for the positive or negative influence that each has on the other. The relationship is then scored
to quantitatively identify those planning initiatives and components which have greatest value in terms of building conse�sus for
the plan and achieving a desired outcome. This Framework plan is not a physical plan with form, but rather a conceptual
framework which establishes priorities for the Master Plan to work toward through the design process.
Deliverables: Framework plan for presentation and input from stakeholders and City staff.
Meetings: Public Meetings as described in Part Two; and up to two (2) virtual review meetings with the Project Manager and
additional Fort Worth staff as appropriate.
Task 3.2: Vision & Programming Master Plan
The design team will prepare three (3) Conceptual Vision and Programming Master Plan alternatives evaluating the relationships
between the adjacent development, the park site, and the surrounding community. The design team will map the anticipated
patterns of usage and circulation based upon feedback at the Kickoff Meeting as well as incorporating community input into the
programming and overall vision for the park. This programming plan will graphically depict zones for each activity on site and
serve to describe the relationships between each. Through the identification of various "programming" rooms, and the
characteristics associated with those spaces, MESA will be able to develop a Master Plan responsive to site-specific
opportunities and constraints. Key areas will include but may not be Iimiled to:
1 . Key linkages
a. Focal points and interface with private property
b. Pedestrian facilities and opportunities
c. Applicable recreational facilities (boat ramps, etc.)
d. Hydrological issues and challenges
2. Transitions
a. Community context to the park and Rock Creek
b. Connectivity to trails/future trail network
c. Parking and transit stops.
d. Programming specific facilities (T.B.D.)
3. Preservation/Restoration of Historic or Natural Systems
4. Areas of Special Function/interest
a. Destinations, seating areas, and attractions
6. Raingardens/bioswales/drainage retention
c. Incorporate best practices in sustainable design, Design and Development
standards, and Crime Prevention through Environmental Design Standards
5. Districts
a. Elements of distinction
b. Elements of continuiry
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Opportunities resulting from repairs and construction of new improvements (e.g., CIP)
a. Restoration areas
b. Pedestrian/roadway/creek and flood plain interface zones
c. Interpretive areas
d. Amenities and enhancements
e. Contextual interventions (adjacent property owners)
Deliverables: Conceptual plan alternatives that depict general programming and vision for the project.
Meetings: Up to two (2j virlual review meetings with the Project Manager and additional Fort Worth staff as appropriate.
Task 3.3: Illustrative Master Plan
MESA will, upon staff approval of Task 3.2, refine the Conceptupl Plan into an Illustrative Master Plan depicting the program and
conceptual site improvements such that it may be used for more precise cost projection, construction sequencing, and phasing.
Any issues arising from the previous meetings and workshops will be addressed. This plan further refines the preliminary plan to
a degree of reality that addresses detailed aspects of the Master Plan such as building areas, hardscape, and landscape
components. The graphic quality will be suitable for sharing with jurisdictional authorities, stakeholders, or publication.
Deliverables: One � 1 � rendered and annotated Illustrative Master Plan (three full size color hard copies & pdf file)
Meetings: Up to two (2) virtual review meetings with the Project Manager and additional Fort Worth staff as appropriate.
Task 3.4: Opinion of Probable Cost
MESA will develop a Master Plan level Opinion of Probable Cost (OPCJ for the projecf. This document will be prepared in
spreadsheet format and organized around the major program elements that comprise the park program components and capital
improvements as they are understood at this stage. The spreadsheet will respond to the elements as depicted in the illustrative
Master Plan. MESA will review the OPC with City staff as part of the agenda for meetings/calls associated with other tasks.
Deliverables: Spreadsheet in pdf format for use by the design team and City Staff.
Meetings: One (1 � conference call, or as part of agenda for other meetings with City staff.
Task 3.5: Master Plan Booklet/Summary for Social Media Distribution
MESA will develop a final report encapsulating all design efforts and initiatives depicted for this project. This report is intended
to not only be a summary of the process, but also as a useful implementation and reference tool for the City of Fort Worth. The
final report will include the following:
• Assessments
• Framework Plan
• Vision & Programming Plan
• Illustrative Master Plan
• OPC/Proposed phasing (if neededj
• Public Engagement/Input record
The Final Master Plan Report will also include an Executive Summary (<2 pages�, summary of purpose and benefits, feasibiliiy
of proposed improvements, phasing plan with associated budget, as well as all maps, matrix, diagrams, and public
commentary developed during the design process.
Deliverables: Final Master Plan Report f 10 hard copies and digital pdf� that depicts the information outlined above — specific
area enlargements, sections, elevations, and sketches may be prepared, as necessary.
Meetings: One (1) Final Master Plan presentation to the Fort Worth staff/Park Board and Fort Worth City Council.
Additional meetings will be billed per fhe hourly rale schedule.
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PART FOUR: ENGINEERING FEASIBILITY & DUE DILIGENCE
Task 4.1: Engineering Feasibility & Due Diligence
1. Site Visit: The Engineering Firm will visit the site one time to observe existing conditions and review existing plans, if
available, for the existing adjacent street and site improvements.
2. Plan Research: The Firm will gather available existing infrastructure plans adjacent to and serving the site to be used
for the site Civil Design.
3. Park Master Plan: The firm will support the Architect in development of the Master Plan for Rock Creek Ranch Park. The
firm assumes the park Master Plan will be completed by others.
4. Public Meetings: a representative from the Civil Engineering sub consultant will attend the public meetings listed in
Attachment A of the project scope as appropriate. This includes the public meetings in December and February.
5. Preliminary Engineering: The Firm will provide preliminary engineering for water, sewer, and drainage for the site
using the layout plan developed for the preliminary plat submittal. This does not include flood plain analysis.
b. Preliminary Opinion of Probable Costs: The Firm will prepare one Preliminary Opinion of Probable Cost using our
recent bid tabs or Client provided unit prices, however, in either case, the Client represents their acceptance of these
prices by using the estimate provided.
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ATTACHMENT "B"
COMPENSATION
Design Services for
Rock Creek Ranch Park Master Plan
City Project No. 105076
COST OF SERVICES
The services described in Attachment A Scope of Services will be provided for a total lump sum fee of $191,562.50 (One
Hundred Ninety-One Thousand Five Hundred and Sixty-Two Dollars and Fifty 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 monthly, based upon
percentage completed for each task. Below is a fee breakdown by task for the services described in Attachment A Scope of
Services. The below tasks shall be billed as follows:
TASK Professional Total
Services Fees
PART ONE: PROJECT KICK-OFF AND FAMILIARIZATION
Task 1.l : Kickoff Meeting and Data Collection $ 4,000.00
Task 1.2: Ecological and Cultural Significance Survey $83,375.00
Task 1.3: Rock Creek Ranch Park Physical and Contextual Assessments $12,500.00
$99,875.00
PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT
Task 2.1: Project Team Meetings $ 2,600.00
Task 2.2: Neighborhood Meetings and Special Events (Pop-ups� $14,500.00
Task 2.3: Questionnaire/Survey for Rock Creek Ranch Park $10,500.00
Task 2.4: Social Media Outreach $ 2,000.00
Task 2.5: Final Staff/Forf Worth Council Presentation $ 1,250.00
$30,850.00
PART THREE: THE DESIGN FRAMEWORK AND MASTER PLAN
Task 3.1: Framework Plan $ 5,500.00
Task 3.2: Vision & Programming Master Plan $ 7,500.00
Task 3.3: Illustrafive Master Plan $ 9,500.00
Task 3.4: Opinion of Probable Cost $ 7,500.00
Task 3.5: Master Plan Booklet/Summary $10,000.00
$40,000.00
PART FOUR: ENGINEERING FEASIBILITY & DUE DILIGENCE
Task 4.1: Engineering Feasibility and Due Diligence $12,500.00
$12,500.00
Project Management $8,337.50
Total — Basic Services: $191,562.50
REIMBURSABLE EXPENSES
Reimbursable non-labor costs for this project are included in the fees above.
MESA
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Rock Creek Ranch Park Master Plan
City Project No. 105076
No change to the Standard Agreement.
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ATTACHMENT "D"
PROJECT SCHEDULE
Design Services for
Rock Creek Ranch Park Master Plan
City Project No. 105076
The project is anticipated to be completed within approx. 6 months. Shown below is the anticipated time duration breakdown
by task:
TASK Task Initiation Date Task Completion Date
PART ONE: PROJECT KICK-OFF AND FAMILIARIZATION
Task 1.l : Kickoff Meeting and Data Collection April 22, 2024 May 3, 2024
Task 1.2: Ecological and Cultural Significance Survey April 29, 2024 June 14, 2024
Task 1.3: Rock Creek Ranch Park Physical and Contextual Assessments April 29, 2024 June 14, 2024
PART TWO: COMMUNITY AND STAKEHOLDER ENGAGEMENT
Task 2.1: Project Team Meetings/Check-ins June 10, 2024 September 9, 2024
Task 2.2: Key Stakeholder Meetings and Interviews June 1 1, 2024 September 3, 2024
Task 2.3: Questionnaire/Survey May 30, 2024 July 1 S, 2024
Task 2.4: Social Media Outreach June 1 1, 2024 September 17, 2024
Task 2.5: Final Fort Worfh Park Board Presentation�s) September 24, 2024 October 15, 2024
PART THREE: THE DESIGN FRAMEWORK AND MASTER PLAN
Task 3.1: Framework Plan June 4, 2024 July 8, 2024
Task 3.2: Vision & Programming Master Plan July 22, 2024 August 5, 2024
Task 3.3: Illustrative Masfer Plan August 19, 2024 September 5, 2024
Task 3.4: Opinion of Probable Cost August 19, 2024 September 5, 2024
Task 3.5: Master Plan Booklet/Summary August 19, 2024 September 5, 2024
PART FOUR: ENGINEERING FEASI8ILITY & DUE DILIGENCE
Task 4.1: Engineering Feasibility & Due Diligence July 22, 2024 September 1 b, 2024
ANTICIPATED MASTER PLAN ADOPTION October 30, 2024
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ATTACHMENT "E"
PROJECT LOCATION AND SCOPE AREA
Design Services for
Rock Creek Ranch Park Master Plan
City Project No. 105076
Rock Creek Ranch Park
Rock Creek Ranch Park
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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.
i. 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 specificaliy 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 commerciai 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 physicai 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 shali 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.
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.
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.
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
5/22/24, 10:56 AM
CITY COUNCIL AGENDA
Official site of th2 Cily of ForC Worth, Texas
FORT�'�'ORTIi
_�_
Create New From This M&C
DATE
CODE:
3/19/2024 REFERENCE
N O..
C TYPE:
**M&C 24-
0228
CONSENT
LOG NAME:
PUBLIC
HEARING:
80 ROCK CREEK RANCH
PARK MASTER PLAN
�
SUBJECT: (CD 6) Authorize Execution of an Engineering Agreement with MESA Design Associates,
Inc. in the Amount of $191,562.50 for Preparation of a Master Plan for Rock Creek Ranch
Park
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with
MESA Design Associates, Inc. in the amount of $191,562.50 for preparation of a Master Plan
for Rock Creek Ranch Park (City Project No. 105076)
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
Engineering Agreement with MESA Design Associates, Inc., in the amount of $191,562.50 for
preparation of a Master Plan for Rock Creek Ranch Park.
On September 14, 2021 (M&C 21-0672), the City Council authorized the acquisition of Rock Creek
Ranch Park consisting of 270 acres. On June 28, 2022 (M&C 22-0515), the City Council approved
purchasing an additional 21.45 acres of land that included a house adjacent to Rock Creek Ranch
Park making the total park acreage approximately 291.45 acres.
MESA Design Associates, Inc. is being engaged to assist in the development of the Master Plan for
the entire park. The 291.45 acre site presents a unique opportunity for both passive and active use
and development. The proximity of the park to the U.S. Army Corp of Engineers Benbrook Lake
Project provides potential for trail connections. The land has a ranching legacy since 1848 and thus
potential for historical preservation and interpretation; unique ecological systems and varied terrain
which can address watershed management and provide opportunities for environmental education,
demonstration of sustainable vegetation management and ecological preservation. Other areas of the
site provide potential for the development of active recreational amenities traditionally incorporated in
a community park acquired with fees collected from residential development.
The project scope of work includes the following:
Site Analysis - Study of the existing site conditions, cultural resources, ecological systems,
environmental impacts, and the potential for connections with the surrounding properties.
Master Plan - Prepare a master plan of the park based on an understanding of the site
characteristics, community input and the Park & Recreation Department development standards, and
create site layout that will optimize the functionality of the park.
Opinion of Probable Construction Cost - Based on the final master plan, develop an opinion of
probable construction cost and prepare a phasing plan for future park development.
Funding is budgeted in the Park Dedication Fees Fund.
MESA Design Associates, Inc. is in compliance with the City's Business Equity Ordinance by
committing to 14\% MWBE participation on this project. The City's MWBE goal on this project is 13\°/o.
The project is located in COUNCIL DISTRICT 6.
M&C Review
apps.cfwnet.org/council_packet/mc_review.asp?ID=31935&councildate=3/19/2024 1 /2
5/22/24, 10:56 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 PARD Dedication Fees Fund for the Rock Creek Ranch Master Plan project 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 of verifying the
availability of funds.
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year lChartfield 21
Fund Department Account Project Program Activity Budget Reference # Amount
__ ID ___ ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Jesica L. McEachern (5804)
Originating Department Head:
Additional Information Contact:
Richard Zavala (5717)
Joel McElhany (5745)
ATTACHMENTS
80 ROCK CREEK RANCH MASTER PLAN funds availability,pdf (CFW Internal)
80RockCreekRanchMasterPlan.xlsx (CFW Internal)
MESA Form 'L295 - Rock Creek Ranch Park Master Plan.pdf (CFW Internal)
MESA MWBE Compliance Memo.pdf (CFW Internal)
ROCK CREEK RANCH PARK Location Map.pdf (CFW Internal)
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