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HomeMy WebLinkAboutContract 45910 CITY SECRETARY 4�b?16 CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Park Improvements at Terry Park, Northside Park, High Crest Park, and Summerfields Park. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of$94,985.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) 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. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas ©FFIWAL REC 0 FAD Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 CITY SECRETI,\RV Page 1 of 16 RECEIVED SEP 0 2-2014 5 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. 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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 1. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 5 of 16 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 photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured 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 the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the 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 this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. 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 the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the 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 ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it 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 the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER 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 the contractual 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 8of16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 10 of 16 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 role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 11 of 16 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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. 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. K. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. 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 The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 13 of 16 E $ b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The 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 termination expenses. The CITY'S approval will 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 In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 14 of 16 I. 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. J. 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. K. 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. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:1/28/2013 Page 15 of 16 Attachment E - Location Map Executed and effective this the 26th day of August, 2014. BY: BY: CITY OF FORT WORTH ENGINEER Baird, Hampton & Brown, Inc. Stisan Alanis 16r7sta ntin ___ akuitas,-P.E. sistant City Manager President Date: I I -x Date: APPROVAL RECOMMENDED: By: C��z IQ T irhard Zavala ector, Parks & Community Services APPROVED AS TO FORM AND M&C No.: Cs 6 q 3 LEGALITY M&C Date: By: - Doug as W. Black Assistant City Attorney ATTEST: of°F°ORS, ()S o® O O ary J. K e Q S City Secrela °°°,° ,°°° Is ( 0FBCQAL LIE RP 8`U'V 8R C1 t0rnRV City of Fort Worth,Texas n Standard Agreement for Engineering Related Design Services �o �W �J9 PMO Official Release Date:1/28/2013 Page 16 of 16 ATTACHMENT "A" Scope for Landscape Architecture, Surveying, and Electrical Engineering Design Related Services for Improvements at Terry Park, Northside Park, High Crest Park, and Summerfields Park The scope set forth herein defines the work to be performed by the Landscape Architect (LEAD CONSULTANT), Engineer, & Surveyor in completing the project. Both the CITY and the LEAD CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVES The project provides for the development and renovations to four CITY parks in Fort Worth. The scope of improvements for each park is listed below: Northside Park, 1100 N.W. 18th Street 1. Installation of new playground. The prototype playground including equipment schedule and layout and mow edge layout will be provided by the City (AutoCAD format). Playground location to be determined after survey is completed. 2. Installation of a new shelter adjacent to the north patio area to include benches and table area. Shelter location to be determined after survey is completed. The shelter shall include flat rock faced columns. 3. Installation of a new 6' trail system to allow an accessible path of travel from the west side of parking area to tennis courts. Location to be determined after survey is completed. 4. Propose bid alternate converting of two tennis courts (approximate area 108' x 120') into a small neighborhood skate park. Terry Park, 3104 N. Terry Street 1. Installation of new playground. The prototype playground including equipment schedule and layout and mow edge layout will be provided by the City (AutoCAD format). Playground location to be determined after survey is completed. 2. Demo shall include the removal of all existing flatwork and sand. 3. Refurbishing of existing basketball court to include replacement of fence fabric, sand blast and restriping court surface and new basketball goals. Include bid alternate for converting to a 40' x 60' skate park. 4. Installation of a new 30' x 30' multi-use court with basketball goals. 5. Installation of a new water fountain. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 6 6. Installation of solar security lighting. Lighting will be located by the playground, shelter areas and the basketball court. 7. Installation of a new shelter. Shelter location to be determined after survey is completed. The shelter shall include flat rock faced columns. 8. Installation of new benches. 9. Installation of a new 6' trail system to allow an accessible path of travel to all amenities in the park. High Crest Park, 2515 Bruce Avenue 1. Installation of new playground. The prototype playground including equipment schedule and layout and mow edge layout will be provided by the City (AutoCAD format). Playground location to be determined after survey is completed. 2. Installation of a new shelter. Shelter location to be determined after survey is completed. The shelter shall include flat rock faced columns. 3. Installation of a new 6' looped trail system to allow an accessible path of travel to all amenities in the park. Limits of the trail shall be determined by project funding. 4. Installation of a new 30' x 30' multi-use court. 5. Installation of solar security lighting. Lighting will be located by the playground, shelter areas and the multi-use court. 6. Installation of new trash receptacles. Summerfields Park, 6720 Spoonwood Lane 1. Installation of new playground. The prototype playground including equipment schedule and layout and mow edge layout will be provided by the City(AutoCAD format). Playground location to be determined after survey is completed. 2. Demo shall include removal of existing playground. 3. Installation of a new shelter. Shelter location to be determined after survey is completed. The shelter shall include flat rock faced columns. 4. Installation and replacement of practice fields with backstops. 5. Installation of a new 8' trail system to allow an accessible path of travel to all park amenities from existing R.O.W. sidewalks. Limits of trail shall be determined by project funding. 6. Installation of new picnic tables and benches. 7. Installation of power security lighting. Lighting will be located by the playground and shelter areas. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 6 WORK TO BE PERFORMED Task 1. Design Management Task 2. Attend Public Meetings Task 3. Existing Conditions and Topographic Survey Task 4. Schematic Design (30%) Task 5. Design Development (60%) Task 6. Construction Documents (95%) Task 7. Bidding Process Task 8. Construction Phase TASK 1. DESIGN MANAGEMENT. LANDSCAPE ARCHITECT will manage the work outlined in this scope to ensure efficient and effective use of LEAD CONSULTANT's and CITY's time and resources. LEAD CONSULTANT will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. Managing the Team: • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources Communications and Reporting: • Conduct review meetings (three)with the CITY at the end of each design phase. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly (six) progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the CITY of Fort Worth's Schedule Guidance Document. • Complete Monthly (six) SBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • Personnel Identification: When conducting site visits to the project location, the LEAD CONSULTANT or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 6 TASK 2. ATTEND PUBLIC MEETINGS Attend all on-site public meetings scheduled at each individual park. Note and record user preferences, create prioritized facility list, record prototypical play structure selected. Be available to answer questions and discuss the proposed improvements. TASK 3. EXISTING CONDITIONS AND TOPOGRAPHIC SURVEY • SBE sub-consultant will prepare a topographic survey, which shall be a detailed ground survey showing above ground conditions, utilities, contours at one-foot(1') intervals, spot elevations, physical features, single trees greater than four inches (4") in diameter in the vicinity of planned improvements. Datum will be tied to a benchmark or datum designated by the CITY (North American Datum 1983 (NAD '83). • Deliverables will be a 3d (point map) drawing with TIN and contours in AutoCAD dwg format; a 2d (line work) drawing in AutoCAD dwg format; and an ASCII file (containing each point number, Northing, Easting, Elevation, and Description), all field notes, and sketches. TASK 4. SCHEMATIC DESIGN Prepare Schematic Design plans, specifications, and supporting drawings to convey design intent of all proposed improvements at each park. Include schematic lighting/electrical plans. • Conduct a site visit at each park for site analysis purposes. • Collect data that may be pertinent such as future improvements on or near the site, location of easements, setbacks, existing amenities, and surrounding neighborhood use/activities. • Prepare a Schematic Design Opinion of Probable Cost • Prepare outline specifications using CITY format • Meet with CITY Project Manager to present Schematic Design Plans for comments. • Schematic plans will include a cover sheet with location map and sheet index; schematic plans for each park at maximum scale of 1:20 for plan sheets and 22"x 34" sheet size. ASSUMPTIONS • One set of full size plans will be delivered for the 30% design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • LEAD CONSULTANT shall not proceed with Design Development activities without written approval by the CITY of the Schematic Design Package. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 6 TASK 6. DESIGN DEVELOPMENT (60 PERCENT). Prepare Design Development plans and supporting drawings to convey design intent of all proposed improvements at each park. Include design development lighting/electrical plans. • Revise Schematic plans and specifications based on comments received. • Prepare Design Development drawings including Erosion Control, Demolition, Site Development, Dimension Control, Grading, and Site Details. • Prepare a Design Development Opinion of Probable Cost • Meet with CITY representatives to present Design Development Plans for comments. ASSUMPTIONS • One set of full size plans will be delivered for the 60% design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • LEAD CONSULTANT shall not proceed with Construction Documents activities without written approval by the CITY of the Design Development Package. TASK 6. CONSTRUCTION DOCUMENTS (96 PERCENT). Prepare Construction Documents showing construction methods and materials for all proposed improvements at each park. • Revise Design Development plans and specifications based on comments received. • Finalize all drawings including Erosion Control, Demolition, Site Development, Dimension Control, Grading, Site Details, and Electrical plans. • Finalize Construction Specifications • Prepare a 95% Construction Documents Opinion of Probable Cost • Meet with CITY representatives to present 95% Construction Documents for comments. • Revise Construction Documents to reflect changes and comments determined by consensus at a meeting with CITY representatives and submit for TAS/ADA compliance review and inspection. • Submit reproducible mylar cover sheet to the CITY for signatures. • Submit electronic copy of complete Construction Document sheet files to the CITY in AutoCAD 2008 and pdf format. • Finalize all Construction Documents, including Drawings and Specifications, to 100% completion. • Upon final CITY approval of Construction Documents, LEAD CONSULTANT shall post plans and specifications to the CITY Buzzsaw website for construction CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 6 advertisement purposes. All advertisement and construction correspondence shall be completed through the CITY Buzzsaw website. • Construction drawings and specifications for playground equipment and shelter will be stamped and sealed by a licensed structural engineer. CITY shall provide these stamped and sealed construction documents to the LEAD CONSULTANT. TASK 7. BIDDING PROCESS • Attend the Pre-Bid conference in support of the CITY. • Obtain bid proposals from the CITY and prepare a Bid Tabulation sheet reflecting line item descriptions, quantities, unit prices, and totals. • Provide Bid Tabulation to the CITY for Bid Award Assessment ASSUMPTIONS • For the purposes of the scope it is assumed that the four park projects will be bid together as one single bid package. • The four parks will be bid at the same time for construction. TASK 8. CONSTRUCTION PHASE • Attend the Pre-Construction meeting • The LEAD CONSULTANT and Electrical Engineer Sub-Consultant shall review shop drawings, samples and other submittals issued by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The LEAD CONSULTANT shall log and track all shop drawings, samples and other submittals in Buzzsaw. • Conduct Site Observation visits at each park at 40% and 70% completions (8 total site visits). Assess work progress and report to CITY representatives. • Attend Final Inspection and assist in development of punch list items. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 6 of 6 Attachment B SUMMARY OF TOTAL PROJECT FEES IMPROVEMENTS AT TERRY PARK, NORTHSIDE PARK, HIGH CREST PARK, AND SUMMERFIELDS PARK City Project Numbers: Terry Park#02263 Northside Park#02264 High Crest Park#02265 Summerfields Park#02266 Consulting Firm Primary Responsibility Amount % Prime Consultant Baird, Hampton & Brown, Inc. Landscape Architecture; $72,935.00 76.8% Project Management Proposed SBE Subconsultant Primary Responsibility Amount % A.N.A. Consultants, L.L.C. Surveying $5,500.00 5.8% Multatech Electrical Engineering $16,550.00 17.4% Non-SBE Subconsultant Amount % TOTAL $94,985.00 100% ATTACHMENT "C$ CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Park Improvements at Terry Park, Northside Park, High Crest Park, and Summerfields Park. City Project Numbers: 02263—Terry Park 02264— Northside Park 02265— High Crest Park 02266—Summerfields Park <No changes or amendments to the Standard Agreement> City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program N Attachment D —Project Schedule This PROTECT requires a Tier << >> sclwdule as defined herein mid in t1w Cihl's Sclwdide Guidance Docunrerit. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks,subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 BAI RD, HAMPTON &BROWN, INC. - ENGINEERING & SURVEYING Project Schedule Park Improvements at Terry Park, Northside Park, High Crest Park, & Summerfields Park Notice to Proceed: August 29, 2014 Design Completion: January 30, 2015 Design Review: February 2, 2015 to March 6, 2015 Bid Advertisement: March 16, 2015 Bid Opening: April 16, 2015 Bid Award: May 26, 2015 Construction Start: July 27, 2015 Construction Complete: January 29, 2016 4550 SH 360,Ste 180,Grapevine,Texas 76051 Tel:817-251-85501 Fax:817-251-8810 TBPE Firm#44 TBPIS Firm#10011302 www.bhbinc.com ATTACHMENT E PROJECT LOCATION MAPS Terry Park City Project No. 02263 MAPSCO 62C, Council District 2 rvc sdin ac Y� q NE Me,St ?'vper St E cr z a IJE 3Tth Sl v - r - - 2 3 - C. � o j. z � n NE 351h St. n n NF 35th St - - L•:a S; 14W 351h St D v r MaydellSl. z a x NW3401S1 c n zL NE?dlhSt NC 34th St -- _N — -- E Long Ave ® z °e E Long Ave E Long Ave z E Lof,A ds` -3 - -- N 3S' (w Z Z N x �=Glendora St 12nd St x i i � a v Z i n a' a NF 320d SI - -- s Lemingsv 'u� 7 ° NE 31 st S1 - _ __ Vera.Cru7 S1 e`. rn o - NC 31stS1 o NE315tSt 2 tD o i 297 �?. 3104 N Terry St _ A NE 30th St 71 -n 5 Dewey St - -_E a Q a m o Dewey St NW 25th St --NE 24tn St -_-_ - - - . -_u �, ik---- - - . ; --rc NE 2911151 � � e• � o NF Loraine St NE Loraine Sr tax)— 18� NEnth St— (lax NE 28th St tax - t �. � Trion Ave s iri r n ° _ N Warwick Ave m Rodeo Park 1ff( e _ II 5,�kyards Blvd- r --�t r �,EP e a- Dundee Ave- l c� Diamond Mill Park n 2e7 2a7 Billy Bob's Texas y c QD n Uri°�7Avc �Q s rvc F Fxrh,ir,gc Hv� - ya J City of Fort Worth,Texas Attachment E Page 1 of 4 Northside Park City Project No. 02264 MAPSCO 62J, Council District 2 IIC!1 "K'28fh 8f it6�'I ry r Rodeo Park A r ,9 w �26�4 2jP `f NW 26ih St S� 9`P.k > Billy Bob's Texas . �Ae I t°. NW 75th St - �.� o m is e (, 1 Q s' ° NW24ihSt o. $ r s' $IOCkyer( s' n NVI 29•d St s aus ct} - �„ Y8T AC 4 F ` NN'22nd St I 3 North Side High School I ro NW 21St St—_ — J�cksbo, Oy NW 20th St s. CircleF�� {i , 1100 NW 18th St 94P �1 6�♦'� � Goo- Rockwood Golf Course �'P, a♦ Fad PC�10afk Ur c1 ��� °% Jfl0 Vp 9r / P Rockwood Park t �� * 149 z'1+j Greenwood Oakwood Ce Memorial Park ��o t T City of Fort Worth,Texas Attachment E Page 2 of 4 High Crest Park City Project No. 02265 MAPSCO 63B, Council District 2 c°j I fort Worth Gear S Axle,!_�'+ VA AOe Long Ave - E Long -- Y? amond Rif i I ct, I' rr Berner st _ I erning,$i i ABC Wrecker SerVic rra Cruz St / / 1 2515 Bruce Ave �3rtice Ave' — - c rn IE 31st St_ _3. ' 0 o zer Highcrest Ave- - 14E 30th St r Education Service Center v l 4. o Z Dewey,St- ank of Texas ti$) tar Lisa's Fried Chicken - tas ts� c Kurupt skate shop Transportes hwenlinn Rnsas _ -- City of Fort Worth,Texas Attachment E Page 3 of 4 Summerfields Park City Project No. 02266 MAPSCO 36S, Council District 4 -:_9'rr ,+ r, Run Way_ -_ .,,c.:-�r,4l.:u! Parkmount D, _ x - �vtlr L'mhNu - PAr i VIF1Y - -- Pa kvlew In tµt<Jdebefry.or- - - i Grant Park Ave. Pepperbushpr + Waxwing clr 5 O LZ A .b &Iveiberry Ave __ CrabapplaSt `� - - Pleve Rd - - - staghornLits n c` u $c FbMwood frail Shag Qmplon Ln i K Navajo Way- e Ye St >✓ --Goldrock tx Grew Divide Or -Big Leal Ln-0 1 Malsade st :G Creenfern u` NCascades Sr � ,y q` Manzinila St' "i - Miriy Aidge Or- - -- iQ ° Fjrgltman-St - - Bi1CrIbCIR1111- - Arc IBlvd Basswood Blvd- - .Bass woo 0 4 a Bnsllecode Ln '� u 'o .�• - o $ SSwood.Blvd— ?t the Home Depot a '` 's- JuneBeuy St Q R ver N Fort Worth -Blue Flog Ln r , zaz 0fmn Ur Z 3:- UogWOO d Ln Hearn SI� n S° �e,ry r m a SilyersagePolk eFo d4 2. 4j; Comnew _ `oc' �. B4ckN Winter/ra: /r �.+ �oSF RI Wr °n9dlroy.Ur CP Scots Brisr L, - rAVJ w, tl e; IY U,_ Q 71. c IA :Rose Dr Bo 4 it O -n China Rose Dr o o &P y 6720 Spoonwood Ln q Poppy Or e s 3 '1Jadin Pl-_. d rzJ Kroger Floral Ur=pe - ton `�. ,�i_ °�i °.. J Na1lom Rd !rater Blvd ` West€fn Center Blvd Weslein Centet Blvd Westem Western Weste Center.Blvd Western Center Blvd r. Los Molcajeles Albertson ti) a Ter 1!c•Gm�c��A Slr•R[GLi, y Z,' \.a,kspw Dr E u _ - rt•1wua Ln- f° .ate z1 Q the Golf Club I r fossil Creek .. Qi� co o � L,��OO City of Fort Worth,Texas Attachment E Page 4 of 4 ATTACHMENT E PROJECT LOCATION MAPS Terry Park City Project No. 02263 MAPSCO 62C, Council District 2 NL 38th 51 ri N NNJ 381h,t - N^q ReVtpr St F.771 --- -z- -.NF 37th 51 o 187 iI n R _ = 2 q = L 3 r a g m z w w NF 36th St o c e b -- z 3 NE 351h St - n - r� - 11F 95th tit - Lva St - - - NIAI 350,St r Maydell St �. P 7 NL34M St (r V, NE 34th St N1V34ih51 -! - 3 y I ! - E Long Ave - Eve ® z P°� - - - E Lor)g Ave - - Long Ave E Long NL3ged` a' N z z LO -Glendora Si c ° 72nd St- - ---C- n- _� y - n r" Z a a a NF 32nd Si - Leming,." NL 31 st St _ _- Veta Cnn Sts ry o o J o J tSt - o NC 31St St a NE 31 st St- > �' `v n 3 n 3104 N Terry St z T % ; i 287 y -- -b--- NF 301h St T 287 rn t € Dewey St S - o y r ° Dewey St f NW 29th Si 1:` -NE 29tn St = m �� NL 2901 St NFloraine5l —Nt LoiJi _5' zeT I i NE 2801 St_— tea NE 28th St taa�- r✓, zmac Salisbury St z � Hen Me J K 4 v Vlamick Ave c f Rodeo Perk I nckynrds:Btvd. I 5� Dundee Ave _ 11-01 Diamond Hill Park,, 787 Billy Bob's Texas !3r q is �nag4va-- S� I've E F,'rhonrie Flee � 35 City of Fort Worth,Texas Attachment E Page 1 of 4 Northside Park City Project No. 02264 MAPSCO 62J, Council District 2 Ni?�28th �IS•�t - �P 5 NW 27th St Rodeo Park `s rhi Nqy m NW 26th St r N 2 h� s- Billy Bob's'Texas , z NW 75th St Y NW 241h 51 0 o Slockyar( •� A F3. I• r I' is ri (" Z rt, dp'_ fi' R u rT• 2• _ } C NW 23rd Si o gus di N ', 287 •ie � n 0 NW 22nd St 3 North Side High School I 3c rc NW 21st St ?\ac ✓,��k x I 0-0 - NW 20th 51 Z, 3 �ylyy o o, di• 1100 NIN 18th St d ho�y4 11 y`r� � G Rockwood Golf Course OPr� �t11a O1 q rt hi °r�-. ,q o - "' d7v H - Rockwood Park ae z t. Greenwood Oakwood Ce Memorial Park (193) F r9iyNd�'-'GQ0gIC City of Fort Worth,Texas Attachment E Page 2 of 4 High Crest Park City Project No. 02265 MAPSCO 6313, Council District 2 c- { c qtr 1 I Fort Worth Gear&Axle Q�g - Lon Ave E Long Ave 9 O o 0 ?� - arnond Rd o 7s1 - j f - Ctl efF�sl Berner st -1 eminy St l ABC Wrecker Servic t ira Cruz St ` �' �t 2515 Bruce Ave i artice Av.e- to IE 31 st st--- a � q Est Higherest Ave VE 30th Sl Education Service Center'• � w o � Dewey St- -- - o r ank of Texas f Lisa's Fried Chicken lsa -__t alk Kurupt skate shop- — Transporter ,q t 'Juventinn Rnsar. . Q, City of Fort Worth,Texas Attachment E Page 3 of 4 • I Summerfields Park City Project No. 02266 MAPSCO 36S, Council District 4 Jul," SNWIorn CicN- n� O�,Run way � QCnwmktE 01 _ � Parkmnunta y 6 -- Qlacr Wrch Rd vsucklebeny Dr Pa,kV)L`w Ln _ Park k Ave L wmwiog C,S - y Spindletiee to f c - ZII r' Sitverbeny Ave I ° 0 rp crabapple St s+� PrE'ncu ad =G_ - ? _ � Staghom Cir 5 � 9° n tc cumplon u Y Navajo way% '00 � F Imhv ood Trail . 8 f yt#eye St w Gddtock Cx Gnat Divide Dr -°j E Big feat Ln Marsarle Sr. I G Meenfem to NCascades St - .y q` Mani,nita St - ''r Mrsty Ridge D• I —— o -Fogleman Sr - $- Birchbend Ln Arc I Sutler i I Blvd 2 Basswood - _ gasswoo 4 d Blvd -Blvd- , 2 _ @ .>. li n .n• o = -8asswood.Blvd- 7 the Horne Depot s Jwtebeuy St-a R ve �-N Fort Worth :' > t 3 Blue nag to b I ,4 hr o N�N ygt li I (q C:cf;on Ur n 2 h o Dogwood is- ~Heath SI,' I (vinPj,e Ot - I 7i ConroeD, StIversage Park "y G' JosFsr� _ Bu 4Ynlprhaj .j1 - o-. _ °n I Z - 9 -Z - Wie, 4srrah,Ur atS @ Scots Dilar Ln - %��� e, 3 M.-,;'Rase D, `V 9T -;Chloa Rose Dr o o 2 - ° _ tie ?6720 Spoonwood Ln Poppy or e- a Kroger Floral Dept ton vlaltortr Rd - Fart Ur I Il 4 f - - Inter Blvd ' Western Center Blvd _Western Center Blvd - -Western Center Blvd Western Cent uBlvd Western Center Blvd -Los Molcajetes tar Albertsons•T} Iler Gr ovePd ' Si C�rJ Fr•1 FN a I __ _ Sk j ,adwpur o% f �I - —r�l Wistelra Ln v - The Golf Club F) Fossil Creek O00Ic to o City of Fort Worth,Texas Attachment E Page 4 of 4 JrM.0 MULTATECH ARCHITECTS•ENGINEERS 2821 West 71h Street Suite 400. Fort Worth.Texas 78107-2219 Phone 817.877-5571•Fax:817-877.4245• www.niultatecii.coni June 26, 2014 Mr. Tom Kellogg,RLA Project Manager& Senior Landscape Architect Baird, Hampton&Brown, Inc. 4550 SH 360, Suite 180 Grapevine, TX 76051 Re: Design and Construction Services: City of Ft Worth Park Lighting Projects. Dear Mr. Kellogg: Multatech is pleased to provide you with a proposal for professional design services and construction administration services related to City of Foil Worth Park Lighting Projects for design phase services: stipulated sum of$14,800.00; and construction phase services, hourly not to exceed $1,750.00. Scone of Services: Multatech proposes to provide engineering services for Lighting and Electrical Design and Limited Bidding and Construction phase services for the above referenced project. 1. Project Coinmunications: Multatech will attend project meetings and coordinate project requirements with Baird, Hampton & Brown, Inc (BHB) and City of Fort Worth (CoFW) during the design phase, 2. Field Investigations: Multatech will conduct necessary field investigations and coordinate design with City of Ft Worth and Baird, Hampton & Brown, Inc. 3. Construction Documents: Multatech will prepare Construction Documents and specifications for the bid and construction of the Illumination portion of the above project, Construction documents will be prepared using AutoCAD drafting software, current version. 4. Deliverables: Multatech will provide pdf files of drawings at each submittal to BHB for distribution, Submittals are required at 30%, 60%, 95% and 100%. Including Drawings and Specifications, photometric analysis and voltage drop calculations each as appropriate to design stage. 5. Quantity Talceoff and Cost: Multatech will provide unit quantity takeoffs and opinion of probable costs for the illumination work for the 30%, 60%, 95% and 100% documents; in accordance with City of Ft Worth requirements. 3 0 ■ M U LTAT E C H AN ARCHITECTS•EN13 INEERS 2021 West 71h Street.Sulle 400. Fort Worth.Texas 70107.2219 Phone 817-877-5571•Fax:817.877.4245• WWVJ.n1Ultate Cl6Cent 6. Bidding: Multatech will respond to contractor BFI's fiom Bidders and prepare appropriate addenda documents. 7. Construction Administration: Multatech will provide Construction Administration services including two basic site observations, four RFIs, shop drawing and product data review. Schedule: Multatech will coordinate with and meet the design schedule of BHB in coordination with City of Ft Worth. Proposed Fee(see attached spreadsheets): Design Services (stipulated sum): $14,800.00. Bidding and Construction Phase Services (hourly not to exceed): $ 1,750.00. Total Project: $ 16,550.00 Reimbursable expense items including travel within Tarrant Co, long distance, reproduction, postage, and delivery fees and are included in the above sums. We trust you will find this proposal acceptable. We are excited to have the opportunity to submit on this project and look forward to a successful project. If you have any questions or need any additional input as to the scope of work or the associated fee,we will be available to meet and discuss any concerns you might have. Sincerely, MULTATECH Engineering, Inc. Baird, Hampto Town, Inc. Martin R. Torres, PE �� ��� D// ,444�� Vice President 0 J Multatech Engineering, Inc. J� �:��10�l er cc. Laurence Maloney,via email �/ / PROVISIONS 1. AUTHORIZATION TO PROCEED. Signing this Agreement shall be construed as 13. MULTATECH'S RIGHT TO SUSPEND SERVICES. If CLIENT falls to pay any amount authorization by CLIENT for MULTATECH to proceed with the Services,unless otherwise due MULTATECH under this Agreement,MULTATECH may,In addition to any other rights provided for in this Agreement, afforded under this Agreement or at law,suspend Services. Prior to suspending Services, MULTATECH will provide CLIENT with mitten notice that MULTATECH will suspend Services 2, LABORCOSTS. In the event MULTATECH's compensation iscaiculatedbyreference unless said failure to pay Is cured within 7 days from CLIENT'S receipt of MULTATECH's to MULTATECH's Labor Costs,Labor Costs shall be the amount calculated by the number notice, if CLIENT does not cure the problem within such 7-day period,MULTATECH may of hours actually worked by each of MULTATECH's employees on CLIENTs Project, suspend Services under this Agreement. in the event of a suspension of Services, (a) multiplied by an amount charged for each such employee's work,which Is calculated by MULTATECH shall have no liability to the CLIENT for delay or damage caused the CLIENT dividing each such employee's annualized,non-overtime compensation(whether salary or because or such suspension of Services, (b) any periods for completion of work shall paid to such employee at an hourly rate,as the case may be)by 2,080 hours per year. automatically be extended by the period of such suspension,and(c)before resuming Services, 3. DIRECT EXPENSES.MULTATECH's Direct Expenses shall be those costs incurred MULTATECH shall be paid all sums due prior to suspension and any expenses Incurred In the on or directly for the CLIENT s Project,Including but not limited to necessary transportation interruption and time schedules u the Services.MULTATECH's compensation for the remaining costs including mileage at MULTATECH's current rate when its automobiles are used,meals Services and the time schedules shall M equitably adjusted. a the Project a suspended for and lodging,laboratory tests and analyses,computer services,word processing services, more than 30 consecutive days, (x) MULTATECH shall be compensated for Services telephone,printing and binding charges. Reimbursement for these expenses shall be on the performed be prior s notice of such suspension,(yj when the Project rr resumed,MULTATECH basis of actual charges when furnished by commercial sources and on the basis of usual shat) A compensated for expenses Incurred as a result of the interruption and resumption of commercial charges when furnished by MULTATECH. MULTATECH's Services,and (z)MULTATECH's compensation for the remaining Services and the time schedules shall be equitably adjusted. To the extent CLIENT'S failure to pay is 4. OUTSIDE SERVICES. When technical or professional services are famished byan related to a dispute between the parties,the dispute will be resolved In accordance with Article outside source,when approved by CLIENT,an additional amount shall be added to the cost 10. of these services for MULTATECH's administrative costs. 14. TERMINATION FOR NON-PAYMENT OF FEES. MULTATECH may terminate this 5. COST ESTIMATES. Any cost estimates provided by MULTATECH will be on a basis Agreement by giving written notice If any MULTATECH invoice remains unpaid for more than of experience and judgment. Since MULTATECH has no control over marketconditionsor 30 days. MULTATECH's right to terminate this Agreement shall not be waived by bidding procedures,MULTATECH does not warrant that bids or ultimate oonstructioncosts MULTATECH's continued performance during any period of investigation by MULTATECH to will not vary from these cost estimates. determine the reasons for CLIENT'S nonpayment, 6. PROFESSIONAL STANDARDS. MULTATECH shah be responsible,to the level of 15. TERMINATION. Either CLIENT or MULTATECH may terminate this Agreement with or competency presently maintained byother practicing professionals in the same type of work without cause by gluing 7 days'written notice to the other party.In such event CLIENT shall in CLIENT s community, for the professional and technical soundness,accuracy, and forthwith pay MULTATECH in full for all work previously authorized and performed prior to adequacy of all design,drawings,specifications,and other work and materials furnished effective date or termination.If no notice of termination is given,relationships and obligations under this Agreement. MULTATECH makes no warranty,expressed or implied, created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 7. ADDITIONAL SERVICES. Services in addition to those specified In Scope of Services 16. LEGAL EXPENSES.lntheeventlegalactionisbroughtbyMULTATECHtoen/orcesny will be provided by MULTATECH Ifauthorizedi n writing or otherwise confirmed byCLIENT, 16. LEGALEXPENunderotheeve event legal ntionIs dispute brought by MULTATECH conditions Authorization,Additional services will be paid for by CLIENT as Indicated in any Letter of Proposal,Task hereby created,CLIENT shall pay MULTATECH reasonable amounts for fees,costs and Authorization, or such other document as deemed appropriate by CLIENT and MULTATECH.In the absence of an express agreement about compensation,MULTATECH expenses as maybe set by the court shall be entitled to an equitable adjustment to Its compensation for performing such 17. SEVERABILITY.In case anyone or more of the provisions contained In this Agreement additional services. shall be held illegal,the enforceability of the remaining provisions contained herein shall notce 6. SALES TAX. In addition to any other sums or amounts required to be paid by CLIENT imparted thereby. to MULTATECH pursuant to this Agreement,CLIENT must also pay to MULTATECH the 18. ELECTRONIC MEDIA. (a)As a component of the services provided under this amounloteny applicable sales,use,excise or othertaxwilh respect thereto(other than any Agreement,MULTATECH may deliver electronic copies of certain documents or data(the general Income tax payable by MULTATECH with respect thereto)as the same may be "Electronic Free")in addition to printed copies(the"Hard Coples'7 for the convenience of levied,Imposed or assessed by any federal,state,countyor municipal government entity or CLIENT. CLIENT and its consultants,contractors and subcontractors may only rely on the agency' Hard Copies furnished by MULTATECH to CLIENT. if there Is any discrepancy between any 9. LIMITATION OF LIABILITY. MULTATECH's liability to the CLIENT for any cause or Electronic File and the corresponding Hard Copy, the Hard Copy controls. (b) CLIENT combination of causes is In the aggregate,limited to an amount no greater than the fee acknowledges that Electronic Files can be altered or modified without MULTATECH's earned under this Agreement. authorization,can become corrupted and that errors can occur in the transmission of such Electronic Files. CLIENT agrees that it will institute procedures to preserve the integrity of the 10. DISPUTE RESOLUTION.All disputes arising out of this Agreement shag be mediated Electronic Files received from MULTATECH until acceptance. CLIENT further agrees that It by the parties within a reasonable Ume after the first request for mediation,prior to either will review the Electronic Flies immediately upon receipt and conduct acceptance tests within party riling a suit in a court of law,provided,however,that neltherparty shall be obligated to thirty(30)days,after which period CLIENT shall be deemed to have accepted the Electronic mediate prior to requesting injunctive rellef. Hisses received.MULTATECH will undertake oommerciallyreasonabteefforts to coreetany errors In the Electronic Files detected within the 30-day acceptance perwd.MULTATECH shall 11. ASSIGNMENT TO RELATED ENTITY. Notwithstanding anything In this Agreement to not be responsible to maintain the Electronic Files after acceptance by CLIENT. the contrary, in the event MULTATECH Is not qualified and licensed in the relevant (c)MULTATECH does not warrantor represent that the Electronic FlIeswilibe compatible w ith jurisdiction to provide any Services required hereunder,MULTATECH may,without the or useable or readable by systems used by CLIENT or its consultants, contractors and consent of any other party,assign all or any part of its obligation to provide such Services to subcontractors, MULTATECH Is not responsible for any problems In the Interaction of the an entity related to MULTATECH which is qualified and licensed to provide such Services In Electronic Files with other software used by CLIENT or its consultants,contractors and the Jurisdiction Involved and which is contractually bound to MULTATECH to provide such subcontractors. Services, 19, ARCHITECTURAL SERVICES,In accordancewith applicable law and rules adopted by 12. PAYMENT TO MULTATECH/INTEREST ON PAST-DUE AMOUNTS. Monthly the Texas Board ofArchltectural Examiners,you are hereby advised that the Texas Board of Invoices will be issued by MULTATECH for all Services performed under the terms of this Architectural Examiners has jurisdiction over complaints regarding the professional practicesof Agreement. Invoices are due and payable net 15 days.CLIENT agrees to pay interestatthe persons registered as architects in Texas.The Board's current malting address and telephone rate of 1'h°h per month on all past-due amounts,unless not permitted by law.Any Interest number is 333 Guadalupe,Suite 2-350,Austin,Texas 78701-3941,Phone: (512)305-9000. charged or collected in excess of the highest legal rate will be applied to the pdncipal amount owing to MULTATECH,and if such Interest exceeds the principal balance of CLIENTSs indebtedness to MULTATECH,will be returned to CLIENT.it Is the intent of MULTATECH and CLIENT to abide by all applicable laws regulating the maximum amount of Interest that may be charged.CLIENT shall also be responsible for all costs associated with collecting any past-due amounts. To the greatest extent allowed by applicable law,CLIENT and MULTATECH agree that in the event CLIENT and MULTATECH enter into anycompromise or settlement calling for the payment of past due principal and accrued and unpaid interest on any past-due invoice,MULTATECH may charge and CLIENT agrees to pay interest on such combined past due principal and accrued and unpaid Interest amount(the`New Principal Balance')at the rate of 1%%per month or at the highest rate allowed by law, subject,as provided herein,to MULTATECH's agreement to credit excess interestor return some to CLIENT after the New Principal Balance is paid.All payment obligations are performable in Tarrant County,Texas,and CLIENT agrees to submit to thejurisdiction ofthe courts of the Stale of Texas in Tarrant County,Texas for enforcement of all obligations created by this Agreement. Professional Services Agreement-(Lump Sum) 5000 Thompson Terrace -- Colleyville, Texas 76034 - (817 335-9900 CONSUL'rAF3'3'i:.�. ��. : _... Fax (817) 335-9955 AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: Fort Worth parks PROJECT No.: 000000 CLIENT: BHB Engineering and Surveying CONTACT: Tom Kellogg, RLA ADDRESS: 4550 S.H. 360, Suite 180. Grapevine, TX 76051 SCOPE: Control: Establish horizontal and vertical controls for the project.The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on North American Vertical Datum NAVD-88, established by using GPS, or City of Fort Worth benchmarks if available. Provide survey notes and electronic files with clear location and description of benchmarks (if used)and horizontal control points. Topographical Survey: General-Provide a topographical survey for four areas as shown by attached sketches. 1. 3104 N.Terry Street approximately(140'X 160'). 2, 6720 Spoonwood Ln. approximately(600'X 500'). 3.2515 Bruce Avenue approximately(210'X 190'). 4. 1100 N.W. 181'St.approximately(550'X 650'). Specific—Provide the following: • TAD Property Ownership Information for each property within the project limits. • Property line work depicting each property within project limits as depicted by TAD. • X-Sections every 50'with ties to the centerline of the pavement, gutter, top of curb (where no curb and gutter exists,to the edge of asphalt or other structures), back of walk(if existing). • Sanitary Sewer Manholes,flowiines, approximate pipe sizes, and direction of flow • Storm Drain Manholes, Storm Drain Inlets,flowiines,approximate pipe sizes, and direction of flow. • Water Valves, Valve Stems, Fire Hydrants,Water Meter Boxes, and Water Vaults. • All driveways to a minimum of 10-feet beyond the property/ROW line if applicable. CLIENT SATISFACTION IS OUR BUSINESS • All trees, 4"or greater in diameter located within inside of the survey limits as shown. • All underground utilities as marked and identified by DIGTESS if available. DELIVERABLES: • a 3d (point map)drawing with TIN and contours in Autocad.dwg format • a 2d (line work)drawing in Autocad.dwg format. • an ASCII file (containing each point number, Northing, Easting, Elevation, and Description), all field notes, and sketches DELIVERY: Upon receiving written 'Notice to Proceed', A.N.A. shall submit deliverables within 2 weeks. COMPENSATION: $5,500.00 Invoices submitted for payment shall be paid within 60 days of receipt,whether or not owner payment has been received. Any extra services not included within the Scope of Work,will be billed hourly per Exhibit"B"—Hourly Rate Schedule. Services covered by this authorization shall be performed in accordance with PROVISIONS stated on the attached form. Approve Accepted for A.N.A. Consultants, L.L.C. By: By: �f 7"hoIa s /�e/d Edward Khalil, RPLS Title: � Title: Director of Survey Date: �— 2— Zo�� Date: June 24, 2014 2 EXHIBIT `B' Hourly Rate Schedule Work Title Hourly Rate Principal $185.00 Controller $165.00 Senior Associate $150.00 Engineer/Associate $125.00 Surveyor/Associate $155.00 Engineer Intern/Jr. Associate $95.00 Crew Coordinator $95.00 Geo-S atial Technician $70.00 2-Klan Survey Crew $130.00 GPS Survey Crew $160.00 Specific., Writer $60.00 Reproduction $30.00 Word Processor/Secrets $38.00 Any extra work that is not in the Scope of Work, the Consultant fees will be based on the above hourly rates schedule. 3 PROVISIONS AUTHORIZATION TO PROCEED Signing this form shall be construed as authorization by CLIENT for A.N.A. ARBITRATION to proceed with the work, unless otherwise provided for in the All claims,disputes,and other matters in question arising out of,or authorization. relating to,this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration LABOR COSTS Association then obtaining. Either CLIENT or A.N.A. may initiate a A.N.A.'s Labor Cost shall be the amount of salaries paid A.N.A.'s request for such arbitration, but consent of the other party to such employees for the work performed on CLIENTS Project plus a stipulated procedure shall be mandatory. No arbitration arising outof,or relating percentage of such salaries to cover all payroll-related taxes,payments, to this Authorization may include,by consolidation,joinder,or in any premiums,and benefits, other manner,any additional party not a party to this Authorization. DIRECT EXPENSES LEGAL EXPENSES A.N.A's Direct Expense shall be those costs incurred on or directly for the In the event legal action is brought by CLIENT or A.N.A.against the CLIENT'S Project including but not limited to necessary transportation other to enforce any of the obligations hereunder hereby arising out of any costs including mileage at A.N.A.'s current rate when its automobiles are dispute concerning the terms and conditions onable amount the losing used,and the project is in part or in whole beyond a 75 mile radius of party shall pay the prevailing party such reasonable amounts For fees, A.N.As' Corporate Offices, meals and lodging, laboratory test and cost and expenses as may be set by the court analyses,computer services,word processing services,telephone,printing and binding charges. Reimbursement for these EXPENSES shall be on PAYMENT TO A.N.A., L.L.C. the basis of actual charges when furnished by A.N.A.Consultants,L.L.C. Monthly invoices will be issued by A.N.A.for all work performed under the terms of this agreement. Invoices are due and payable on receipt OUTSIDE SERVICES Interest at the rate of 1.5%per month will be charged on all past-due When technical or professional services are furnished by an outside amounts,unless not permitted by law,in which case,interest will be source,when approved by the CLIENT,an additional amount of 10%shall charged at the highest amount permitted by law. be added to the cost of these services for A.N.A's administrative cost LIMITATION OF LIABILITY COST ESTIMATES A.N.A.'s liability to the CLIENT for any cause or combination of causes Any cost estimates provided byA.NA.will be on a basis ofexperience and is in the aggregate, limited to an amount no greater than the fee judgement,but since It has no control over market conditions or bidding earned under this agreement. procedures A.N.A.cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by PROFESSIONAL STANDARDS A.N.A.if authorized in writing by CLIENT. Additional services will be A.N.A.shall perform its professional services pursuant to the standard of paid for by CLIENT as indicated in attached Basis of Compensation or care which would be applied by a reasonable and prudent registered as negotiated. professional engineer in the Stale of Texas providing services under the same or similar scope of service for the same or similar types of projects, SALES TAX In accordance with the State Sales Tax Codes, certain surveying WARRANTY services are taxable. Applicable sales taxis not included in the above A.N.A.'s services are professional services limited to the exercise of proposed fee. Sales tax at an applicable rate will be Indicated on judgment and the rendering of advice and opinions and,as such,A.NA, invoice statements. makes no warranty,express or implied. SURVEYING SERVICES TERMINATION In accordance with the Professional Land Surveying Practices Act of Either CLIENT or A.N.A.may terminate this authorization bygiving 30 days 1989, the client is Informed that any complaints about surveying written notice to the other party. In such event CLIENT shall forthwith pay services may be forwarded to the Texas Board of Professional Land A.N.A. in full for all work previously authorized and performed prior to Surveying,7701 North Lamar,Suite 400,Austin,Texas 78752,(512) effective dale of termination. if no notice of termination is given, 452-9427. relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this In case any one or more of the provisions contained in this Authorization. Agreement shall be held illegal,the enforceability of the remaining provisions contained herein shall not be Impaired thereby. 4 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/26/2014 2-. P,...ca' .�,..,..,_:...`"P.c"?a...-.rv-.,...__ ,.xs"_*�"+' ......='��. _.�..._'.;.. .-. ✓cr..y--.. .,,rte:..__-✓ �z.a.✓a SY�-':'f .F,ri'a_"3- -N�-'' �v"x:._.m'� _.-'_: "� _. �"`.,,r]-.��`°%�-;-'rs." DATE: Tuesday, August 26, 2014 REFERENCE NO.: **C-26935 LOG NAME: 80FOUR PARK IMPROVEMENTS - BAIRD, HAMPTON & BROWN, AGREEMENT SUBJECT: Authorize Execution of an Engineering Agreement with Baird, Hampton & Brown, Inc., in the Amount of $94,985.00 for the Design of Park Improvements at Northside Park, Terry Park, High Crest Park and Summerfields Park (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Baird Hampton & Brown, Inc., in the amount of$94,985.00 for the design and engineering of park improvements at Northside Park, Terry Park, High Crest Park and Summerfields Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an Engineering Agreement with Baird, Hampton & Brown, Inc., in the amount of$94,985.00 for the design and preparation of construction documents for park improvements at Northside Park (Council District 2), Terry Park (Council District 2), High Crest Park (Council District 2) and Summerfields Park (Council District 4). This Agreement does not use 2014 Bond Funds. Staff considers this fee to be fair and reasonable for the scope of services proposed. The engineer will provide design services and prepare construction documents for proposed improvements at each site as follows: • Northside Park - New playground, group shelter, trail to allow accessible path of travel. • Terry Park- New playground, refurbishing of existing basketball court (to include bid alternate for converting to a skate park), group shelter, trail to allow accessible path of travel and security lighting. • High Crest Park- New playground, new group shelter and trail to allow accessible path of travel. • Summerfields Park - New playground, practice fields, group shelter, security lighting and trails to allow for accessible travel. Project funding for both design and construction is summarized as follows: 3 2000 ° Park � Parks � Certificates � Dedicati Gas Revenue Gas Revenue 2014 Bond CD 2 on Total 2012 2014 Fund Unspecified of Obligation Fees Funds i Northside d Park $ 00 $127,357 48; $ 0.00 $ 0.00 $145,200.00, $20,000.00 $292,557.48 I ITerry Park $ 68,970 00 $ 0.001 $1,459.33 $ 0 OOj $145,200.001 $18,093.00 $233,722.33 Logname: 80FOUR PARK IMPROVEMENTS - BAIRD, HAMPTON BROWN, ... Page 1 of 3 High Crest Park $ 0.00 $ 0.00 $ 0 00 $225,000.00 $ 0.00 $ 0.00 $225,000.00 ?Summerfields Park $ 52,800.00 $ 0.00 $ 00 $ 00 $145,200.00 $ 0.00 $198,000.00 Total ,$121,770 00 $127,357 48 $1,459.33 $225,000.00 $435 600 00 $38,093.00 49,279 81 On May 1, 2012, (M&C G-17586) the City Council approved the Parks and Community Services Department Fiscal Year(FY) 2012 Gas Related Revenue Project Expenditure Plan which authorized the appropriation of gas lease bonus funds in the amount of$127,357.48 for Northside Park. On March 4, 2014, (M&C G-18135) the City Council approved the Parks and Community Services Department FY 2014 Gas Related Revenue Project Expenditure Plan which authorized the appropriation of gas lease bonus funds in the amount of$1,459.33 for Terry Park. Funding was allocated for Terry Park in the amount of$68,970.00 and Summerfields Park in the amount of$52,800.00 by the Parks and Community Services Department using 2000 Certificates of Obligation allocated for park improvements. The 2014 Capital Improvement Program (CIP) allocates the amount of$2,600,000.00 for playground replacement projects at various community parks with $145,200.00 allocated to each of the following three parks sites: Northside Park, Terry Park, Summerfields Park, together totaling $435,600.00. M/WBE OFFICE - Baird, Hampton & Brown, Inc., is in compliance with the City's BIDE Ordinance by committing to 23 percent SBE participation. The City's SBE goal on this project is 16 percent. Northside Park, Terry Park, High Crest Park and Summerfields Park are located in COUNCIL DISTRICTS 2 and 4. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Park Gas Well Leases Project Fund and Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C282 531200 802490226430 $29,445.35 C182 531200 802490226330 $22,796.40 C281 531200 802490226530 $22,743.25 C182 531200 804490226630 $20,000.00 CERTIFICATIONS: Logname: 80FOUR PARK IMPROVEMENTS - BAIRD, HAMPTON BROWN, ... Page 2 of 3 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Tonda Rice (5759) ATTACHMENTS 1. Available Funds-MC 80FIVE PARKS.docx (CFW Internal) 2. High Crest Park FAR.pdf (CFW Internal) 3. High Crest Park Site Location Map CC.pdf (Public) 4. Northside Park FAR.pdf (CFW Internal) 5. Northside Park Site Location Map CC.pdf (Public) 6. SBE Compliance Memo.pdf (CFW Internal) 7. Summerfields Park FAR.pdf (CFW Internal) 8. Summerfields Park Site Location Map CC.pdf (Public) 9. Terry Park FAR.pdf (CFW Internal) 10. Terry Park Site Location Map CC1.pdf (Public) Logname: 80FOUR PARK IMPROVEMENTS - BAIRD, HAMPTON BROWN, Page 3 of 3