HomeMy WebLinkAbout064949 - Construction-Related - Contract - O'Flinn Design GroupCSC No. 64949
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 Larry O'Flinn LLC dba O'Flinn Design Group, authorized to do
business in Texas, ("ENGINEER"), for a PROJECT generally described as: Post Oak
Village, Titus Paulson and Smith Wilemon Park Improvements— Project No.106677.
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 $97,160.00 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. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 1 of 15
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 Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
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
Standard Agreement for Engineering Related Design Services
Revised Date: August 18, 2025
Page 3 of 15
Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
CPN 106677
(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 Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
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. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: August 18, 2025
Page 5 of 15
Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
CPN 106677
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine
of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 6 of 15
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
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
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 7 of 15
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 release
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
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
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 8 of 15
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
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
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 9 of 15
to substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
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.
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 10 of 15
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
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.
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 11 of 15
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
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:
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: August 18, 2025
Page 12 of 15
Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
CPN 106677
(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 Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
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
bechanged 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
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
Dana Burghdoff
Assistant City Manager
Date:
44 FOgT °Aa
ATTEST:
"^ oaan hEXPso�4� cc
cc
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
BY:
ENGINEER
O'Flinn Design Group
La P.O'Flinn
Principal
Dater
Teresa Thomason �ST
sa By: TereThomason (Mar 25. 2026 14 25 04 CDT) SP
Teresa Thomason
Deputy Director, Park & Recreation Department
City of Fort Worth, Texas Post Oak Village,
Standard Agreement for Engineering Related Design
Services Revised Date: August 18„ 2025
Page 14 of 15
Titus Paulsel, Smith Wilemon Park Improvements
CPN 106677
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
APPROVED AS TO FORM AND LEGALITY
By: Douglas Black (Mar 27, 2026 17:36:22 CDT)
Douglas W Black
Sr. Assistant City Attorney
Contract Compliance Manager:
M&C No.: NA
M&C Date: NA
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.
Z'� A'W"'
Lorie Kinler
Landscape Architect
City of Fort Worth, Texas Post Oak Village, Titus Paulsel, Smith Wilemon Park Improvements
Standard Agreement for Engineering Related Design Services CPN 106677
Revised Date: August 18, 2025
Page 15 of 15
Attachment A
Scope of Services
PROJECT DESCRIPTION
The project consists of proposed improvements to 3 Neighborhood Parks: Post Oak Village
Park, Titus Pausel Park and Smith Wilemon Park.
Post Oak Village Park is located in northeast Fort Worth, south of Trinity Boulevard and west of
S.H. 360. The park is approximately 6 acres and has existing park facilities including a pavilion, a
playground, a half -court basketball, several individual picnic stations, and connecting trails. The
improvement goals for this phase of the park include enhanced park amenities such as
expanded trail and addition of a pickleball court. The approximate budget for the construction
of the park improvements is $280,000.
Titus Paulsel Park is located in near southeast Fort Worth, east of U.S. 287 and south of
Rosedale Street. The park is approximately 10 acres and has existing park facilities including a
pavilion, a playground, a half -court basketball, and connecting trails. The improvement goals for
this phase of the park include enhanced park amenities such as expanded trail to create a loop
and addition of benches along the trail, and the repair of the existing chain link backstop. The
approximate budget for the construction of the park improvements is $205,000.
Smith-Wilemon Park is located in east Fort Worth, north of I.H. 30 between Oakland Blvd. and
Woodhaven Blvd. in the White Lake Hills neighborhood. The park is approximately 3 acres and
has existing park facilities including a pavilion, a playground, and limited connecting trails. The
improvement goals for this phase of the park include the addition of a pickleball court and trails
required for access to the court from the street and the existing trail. The approximate budget
for the construction of the park improvements is $190,000.
The objective of this contract is to prepare Design Development and Construction Documents
for the proposed improvements to the parks, as generally listed above. These proposed
improvements will utilize standard City of Fort Worth PARD details and will not require
specialized or custom detailing. The construction drawings will be prepared for issue as one (1)
set of bid documents and one (1) construction contract.
Services Overview
Basic Services provided by the CONSULTANT will be to provide Design Development and
Construction Documents for the proposed improvements to the 3 neighborhood parks listed
above. The plans prepared by the CONSULTANT will include documentation for improvements
of approximately $700,000 in total construction value.
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 1 of 6
Special Services provided by the CONSULTANT in this contract are anticipated to be a
Topographic & Tree Surveys, as necessary, for each of the park properties.
BASIC SERVICES
CONSULTANT shall be responsible for providing the following basic services for the project.
1. COORDINATION/MANAGEMENT/COMMUNICATION
CONSULTANT shall perform the following tasks:
A) KICK-OFF MEETING: Attend one (1) project kick-off meeting (two-hour duration) with
the CITY to review project scope, schedule, deliverables, status reporting,
communications, and expectations for the project.
B) PROJECT MANAGEMENT: Lead and manage the CONSULTANT and sub -consultant
design team throughout the project.
C) PROJECT COMMUNICATION: Communicate regularly by phone and email with CITY
staff.
D) PROJECT STATUS REPORTS: Provide to the CITY a one -page project status report
related to the milestone submittals and corresponding invoices.
E) PROJECT MEETINGS: Participate in meetings with CITY staff as noted specifically in each
task described below.
2. DESIGN DEVELOPMENT (50%)
CONSULTANT shall perform the following tasks:
The CONSULTANT shall prepare Design Development (50% percent construction documents)
and cost opinion documents as described below for each of the anticipated improvements
identified in PROJECT DESCRIPTION section. Design for all improvements shall follow
current CITY design standards unless directed otherwise by CITY.
The CONSULTANT's Design Development plans shall include, at a minimum, the following in
sheet format provided by CITY:
• cover sheet
• general notes sheet
• plan sheets - as may be appropriate, and may include:
0 overall site plan
o demolition plans
o Grading Plans - significant grading (1-foot contours) and
drainage features
o Layout Plans - paving layout (parking, drives, trail/sidewalk
connectors, park amenities)
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 2 of 6
o trails layout
o Detail Plans — enlarged detail plans for park features like,
Pavilions, Multi -use Courts, Storm Drainage improvements,
Signage, etc.
The CONSULTANT's Design Development plans shall be suitable for use in both 22-inch x 34-
inch (full-size) and 11 inch x 17 inch (half size) format with black and white line work.
The CONSULTANT's Design Development opinion of probable construction cost shall be
based on the quantities indicated on the CONSULTANT's plans and on unit prices current at
the time of the cost opinion preparation.
CONSULTANT shall, at request of CITY, transmit to CITY electronic copies of CONSULTANT
work product components including but not limited to data, photos, images, text, designs,
cost opinions, etc. for project -related use by CITY including but not limited to project
budgeting, project coordination/communication, etc.
DESIGN DEVLOPMENT DELIVERABLES: Design Development (50% CD level) and cost
opinion documents described above. Provide CITY with three (3) hardcopies and an
electronic pdf for each format for CITY review.
PROGRESS REVIEW MEETING
The CONSULTANT shall attend one (1) meeting (two-hour duration) with the CITY to review
Design Development and cost documents and obtain CITY input and guidance prior to
proceeding with preparation of 90% Construction Documents.
3. CONSTRUCTION DOCUMENTS (90% 100%)
CONSULTANT shall perform the following tasks:
The CONSULTANT shall prepare Construction Documents (90%,100%) and cost opinion
documents as described below for each of the anticipated improvements identified in
PROJECT DESCRIPTION section. Design for all improvements shall follow current CITY design
standards unless directed otherwise by CITY.
The CONSULTANT's Construction Document plans shall include the following in sheet format
provided by CITY:
• cover sheet
• general notes sheet
• summary of quantities sheet
• plan sheets - as may be appropriate, and may include:
o Site Plan at 1"=30' scale or similar
o Tree protection fence layout
o Erosion control feature layout
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 3 of 6
o Construction site temporary element layout (access, circulation,
fencing, equipment and material storage, power and water
connections, et.al.)
o Demolition Plan(s)
o Grading Plans - significant grading (1-foot contours) and
drainage features
o Layout Plans - layout indicating all park elements (courts,
trails/sidewalks, park amenities)
o Detail Plans — enlarged detail plans for park features like
Playground, Pavilions, Sport Courts, Trails, etc.
o Project Detail sheets — paving, parking, signage, storm drainage,
utilities, playground, pavilions, site furnishings, trails and walks,
backstops, etc.
The CONSULTANT shall prepare and submit 90% completion Construction Documents and the
90% opinion of probable costs to the CITY for review.
The CONSULTANT's Construction Document 90% plans shall be suitable for use in both 22-
inch x 34-inch (full-size) and 11 inch x 17 inch (half size) format with black and white line work.
The CONSULTANT's Construction Documents 90% opinion of probable construction cost
shall be based on the quantities indicated on the CONSULTANT's plans and on unit prices
current at the time of the cost opinion preparation.
The CONSULTANT shall attend one (1) meeting (two-hour duration) with the CITY to review
the 90% Construction Documents and cost documents and obtain CITY input and guidance
prior to proceeding with preparation of the 100% level Construction Documents.
PRE -DEVELOPMENT MEETING: Attend one (1) Pre -Development Conference with the CITY to
discuss the proposed improvements and identify concerns, issues, and permitting/approval
requirements.
FINAL DESIGN: prepare final (100%) Construction Document plans, specifications and cost
opinion documents incorporating input from CITY review. Provide CITY with three (3)
hardcopies and an electronic pdf for each format for CITY use.
CONSULTANT shall, at request of CITY, transmit to CITY electronic copies of CONSULTANT
work product components including but not limited to data, photos, images, text, designs,
cost opinions, etc. for project -related use by CITY including but not limited to project
budgeting, project coordination/communication, etc.
4. TAS Submittals & Reviews
CONSULTANT shall perform the following tasks:
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 4 of 6
The CONSULTANT shall submit the Final Construction Documents to a Registered
Accessibility Specialist (RAS) for TDLR accessibility review. The CONSULTANT shall address
all comments from the RAS regarding the design and plans.
S. Bid Phase Assistance
CONSULTANT shall perform the following tasks:
Attend Pre -Bid Meeting with City representative and prospective bidders.
Prepare and submit written responses to bidder RFI's and issue any necessary addenda.
Assist the City in reviewing the Contractor's bids and provide the City with Bid Tabulation
6. Construction Phase Assistance
CONSULTANT shall perform the following tasks:
Attend Pre -Construction Meeting with City representative and Contractor.
Attend On -Site Construction Coordination / Status meetings as requested.
Process submittal and shop drawing reviews.
Attend one (1) Final talk -through meeting.
SPECIAL SERVICES
CONSULTANT shall be responsible for providing the following special services for the project.
1. SPECIAL SERVICE - TOPOGRAPHIC SURVEY
CONSULTANT shall perform the following tasks:
A) TOPOGRAPHIC SURVEY: Conduct topographic surveys of the park areas that will
encompass the locations of the proposed improvements for this contract. The
approximate area of the topographic surveys will be:
Post Oak Village Park — approximately 1.8 acres.
Titus Paulsel Park — approximately 4.2 acres.
Smith-Wilemon Park — approximately 0.5 acres.
Survey shall include 1-foot contours, location and identification of single -trunk trees
with trunk diameter of 9 inches DBH (DBH = diameter breast height) and greater,
excluding trees smaller than 9" DBH, subsurface features, flagged utilities, and
improvements. Survey will use both conventional and UAV methods. Datum shall be
tied to a benchmark or datum designated by the CITY. CONSULTANT shall provide the
survey to CITY in both AutoCAD and PDF electronic format with both bearing the seal
and signature of a Texas Registered Professional Land Surveyor.
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 5 of 6
The following itemized surveying services are to be provided:
1. Establish horizontal control for the project by means of GPS RTK positioning. The
horizontal control will be based on the Texas State Plane Coordinate System,
NAD83 (2011), North Central Zone 4202, and referenced to the City of Fort
Worth GPS Control Network. Coordinates will be scaled to surface using
adjustment factor of 1.00012. Establish vertical control for the project by
means of GPS RTK positioning. The vertical control will be based on GPS derived
ellipsoid heights utilizing Geoid18 and adjusted to NAVD88 elevations.
2. Tie all improvements X, Y & Z (including but not limited to paving, trails, walks,
play equipment, storm drains, manholes, headwalls, lined swales/ditches,
trees). Provide flowline elevations of all sanitary sewer, storm drainage inlets
and manholes the cross the property.
3. Prepare a final design/topographic drawing in a digital format showing all
features located in the field, one -foot interval contours and a TIN file.
Deliverables will include a digital file in dwg or dgn format containing all
features and points located in the survey, one -foot interval contours and TIN.
Other deliverables will include a copy of all field notes and drawings, a point file
of all points located in the survey and a LancIXML file.
CLARIFICATIONS AND EXCLUSIONS
1. Geotechnical Engineering — Since standard City of Fort Worth Standard Details will be
used for pavements, court slabs, pavilion slabs, etc., geotechnical engineering will not be
part of this scope of services.
2. Structural Engineering — Since standard City of Fort Worth Standard Details will be used
for pavements, court slabs, pavilion slabs, etc., specially design structural engineering will
not be part of this scope of services.
3. Electrical Engineering — Since lighting and other electrical improvements are not
anticipated for the projects, electrical engineering will not be part of this scope of
services.
4. Services and work products by CONSULTANT beyond those specifically described above
are not included in the project unless mutually agreed to by CITY and CONSULTANT in
writing prior to performance of such services.
5. Subsurface Utility Engineering (SUE) —A formal Subsurface Utility Engineering Level B and
Level A is excluded from this scope of work. The topographic survey shall locate all existing
surface visible utilities, as well as all flagged subsurface utilities — as flagged by Texas 811.
Additional water, sewer and stormwater infrastructure, made available to the
CONSULTANT in the form of record drawings, will be included/shown on the topographic
survey.
City of Fort Worth, Texas
Attachment A Scope of Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 6 of 6
ATTACHMENT "B"
COMPENSATION
Neighborhood Parks
City Project No. 106677
Lump Sum Project
Compensation
A. The CONSULTANT shall be compensated a total lump sum fee of $97,160.00
(Ninety Seven Thousand, One Hundred Sixty Dollars and no Cents) as
summarized in Exhibit B-1 - CONSULTANT Invoice and Section IV - Summary of
Total Project Fees. The total lump sum fee shall be considered full compensation
for the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The CONSULTANT shall be paid monthly payments as described in Section II -
Method of Payment.
Basic Services
Post Oak
Village
Park
Titus
Paulsel
Park
Smith-
Wilemon
Park
Project
Task Total
Task
1.
Coordination/Management/Communication
$1,300
$1,300
$1,300
$3,900
2.
Design Development (50%)
$6,300
$6,300
$6,300
$18,900
3.
Construction Documents (90°0, 100%)
$12,000
$12,000
$12,000
$36,000
4.
TAS Submittals & Reviews
$2,000
$2,000
$2,000
$6,000
5.
Bid Phase
$1,100
$1,100
$1,100
$3,300
6.
Construction Phase
$2,400
$2,400
$2,400
$7,200
Subtotal Fee for Basic Services
$25,100
$25,100
$25,100
$75,300
Special
Services
1.
Topographic Survey
$6,395
$9,570
$5,895
$21,860
Total Fees
$97,160
Total Fee for Services
City of Fort Worth, Texas
Attachment B Compensation
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 1 of 4
$97,160
ATTACHMENT "B"
COMPENSATION
II. Method of Payment
A. Partial payment shall be made to the CONSULTANT monthly upon City's
approval of an invoice prepared and submitted by the CONSULTANT in the
format and including content as presented in Exhibit B-1, Progress Reports as
required in item III. of this Attachment B, and Schedule as required in
Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to
this Standard Agreement and according to the current version of the City of
Fort Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms
of this Agreement by an officer of the CONSULTANT.
III. Progress Reports
A. The CONSULTANT shall prepare and submit to the designated representative of
the Park & Recreation Department monthly progress reports and schedules in
the format required by the City.
City of Fort Worth, Texas
Attachment B Compensation
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 2 of 4
FIM
ATTACHMENT "B"
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Fee Amount
%
Prime CONSULTANT
O'Flinn Design Group
Prime
$69,300
71.3%
Proposed Sub-CONSULTANTs
Gorrondona &
Associates, Inc.
Topographic Survey
$21,860
22.5%
TexasAbility, LLC
Accessibility Review
$6,000
6.2%
TOTAL
$97,160
100%
City of Fort Worth, Texas
Attachment B Compensation
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 3 of 4
AN
EXHIBIT "B-1"
CONSULTANT INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
ME
City of Fort Worth, Texas
Attachment B Compensation
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 4 of 4
Attachment C
Amendments to Standard Agreement for Engineering Related Professional Services
(No amendments are required.)
City of Fort Worth, Texas
Attachment C Amendments to Standard Agreement for Engineering Related Professional Services
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 1 of 1
Attachment D
Schedule
The project is anticipated to be completed within six (6) months (in about 180 calendar days).
Shown below is the anticipated time duration breakdown by task:
Improvements for 3 Neighborhood Parks
Task
Basic Services
Duration
1. Coordination/Management/Communication N/A
2. Design Development 4 Weeks
3. Construction Documents 12 Weeks
Special Services
1. Special Service —Topographic Survey 6 Weeks
Total Project Duration
City of Fort Worth, Texas
Attachment D Schedule
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 1 of 1
24 Weeks
Attachment E
Project Location Maps
Post Oak Village Park
Titus Paulsel Park
Attachment E Project Location Map
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 1 of 2
Attachment E
Project Location Maps
Smith-WHemon Park
Attachment E Project Location Map
Neighborhood Parks PARD No. 106677 - Construction Documents for Improvements
Page 2 of 2
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 execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims -
made basis, shall contain a retroactive date coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21
/
CERTIFICATE 4F INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1
CERTIFICATION OF FILING
Certificate Number:
2026-1433804
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Larry O'Flinn, LLC dba O'Flinn Design Group
Fort Worth, TX United States
Date Filed:
03/16/2026
2
Name of governmental entity or state agency that is a parry to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowledged:
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
106677
Consulting services for 3 Neighborhood Parks - Design/Construction Documents preparation
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
O'Flinn, Larry
Fort Worth, TX United States
X
O'Flinn, Sheila
Fort Worth, TX United States
X
5
Check only if there is NO Interested Party. ❑
6
UNSWORN DECLARATION
My name is Larry O'Flinn
and my date of birth is
My address is 1528 Trafalgar Road Fort Worth TX 76116 USA
(city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Tarrant County, State of Texas on the 16 day of March 20 26
� (month) (year)
C*
Si ture of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: O'Flinn Design Group
Subject of the Agreement: Engineering Services Agreement Project 106677 for Post Oak Village Park,
Titus Paulsel Park and Smith Wilemon Park
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 3/23/2026
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes 0 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 106677
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.