HomeMy WebLinkAboutContract 46031 CITY SECRETARY
CONTRACT NO. L
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 CDM Smith, Inc. authorized to do business in Texas, (the "ENGINEER"),
for a PROJECT generally described as: Improvements at Gateway Park Redevelopment —
East.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation is $294,800.00 as further described in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
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.
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M (4) In the event of a disputed or contested billing, only that portion so
Z 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
Q 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-a=
City of Fort worth,Texas Standard Agreement for Engineering Related Design Services 6 MB F ge 1 of 15 Release Date:7.22.2011 ��q lei t1� 1�o
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.
(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.
(3) 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
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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 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.
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(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 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
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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.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the MNVBE
goal established for this contract and its accepted written commitment to
MNVBE 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 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.
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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 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.
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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.
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
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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.
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.
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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.
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
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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 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.
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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 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/[nstal latio n 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
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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
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' 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;
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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.
I. Jurisdiction
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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
Attachment E - Location Map
City of Fort Worth,Texas
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PMO Official Release Date:7.22.2011
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Executed and effective this the/Aay 2014.
ATTEST: ®� �o ITY OF FORT WORTH
r ' poosoo�O
0
Mary Kayse b� u n Alanis
City Secretary Oar Assistant City Manager
°0000n0000
APPROVED AS TO FORM AND L PPROVAL RECOMMENDED
By: By: 2;1;�
ouglas W. Black firector,hard Zavala
Assistant City Attorney
Parks and Community Services
M&C No.: C-27019
CDM Smith Inc.
M&C Date: September 23, 2014
By:
as L. Va er, P.E.
Vice President
City of Fort worth,Texas A`d'e( Gli�'il � %
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ATTACHMENT A
Design Services for
Gateway Park Oxbow Improvements
City Project No. 1875
Revised Scope for Engineering Design Related Services
The revised scope set forth herein defines the work to be performed by the ENGINEER in
completing the design of recreational improvements for the Gateway Park Oxbow
Development project. The project area will move from the Oxbow area (west of Beach
Street) to Gateway Park (east of Beach Street). Both the CITY and ENGINEER have
attempted to clearly define the work to be performed and address the needs of the Project.
Under this scope, "ENGINEER" is expanded to include any sub-consultant, including
surveyor, employed or contracted by CDM Smith.
Objective
The purpose of the project is to develop the preliminary and final design, and provide
construction period support for recreational improvements to Gateway Park, including
replacement of portions of concrete trails and eight(8)pedestrians bridges, removal of two
(2) existing canoe launches and modifications to the upper decks of the launches, proposed
concrete trails, and a trailhead, including parking, pavilion, tables, benches, portable toilet
facility and solar security lighting.
Gateway Park is bounded by Beach St to the west, the West Fork of the Trinity River to the
south, Oakland Boulevard to the east, and 1St St to the north.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Preliminary Design
Task 3. Final Design and Plans and Specs
Task 4. Limited Construction-Manager-at-Risk (CMAR) Contracting Support
Task 5. Construction Phase Support
Task 6. Survey and Geotechnical Services
Task 7. Permitting Support
PROJECT ASSUMPTIONS
• The construction budget for this project is $2,053,000.
• The removal of the two (2) existing canoe launches will be accomplished by sawing the
exposed foundation, or by some other means that will avoid the full removal of the piers.
• Geomorphic, hydrologic, hydraulic or sediment transport analysis or studies will not be
performed for the West Fork of the Trinity River.
• A floodplain development permit or FEMA map revision will not be required
City of Fort Worth,Texas
Attachment A
Gateway Park East Improvements,15Ju1y2014
Page 1 of 9
• A CWA Section 404 Individual Permit will not be required. Wetlands or T&E species
habitat mitigation will not be required. T&E species habitat is not present in the bank
stabilization reaches. Cultural, archeological, or historic sites are not present in the bank
stabilization reaches.
• Public meetings will not be required during the project.
• A CMAR delivery method will be used for the project, separate from this contract.
TASK 1. DESIGN MANAGEMENT
The ENGINEER will manage the work outlined in this scope to ensure efficient and effective
use of the ENGINEER's and CITY's time and resources. The ENGINEER will manage
change, communicate effectively, coordinate internally and with the CMAR as needed, and
proactively address issues with the CITY's Project Manager and CMAR.
1.1. 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.
1.2. Communications and Reporting
• Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify
scope, understand CITY objectives, and ensure economical and functional designs
that meet CITY requirements.
• Conduct review meetings with the CITY at the end of each design phase.
• Conduct and document internal design team meetings.
• 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 progress reports, except during periods that the project
is placed on hold.
• Prepare and submit baseline Project Schedule (Included as Attachment D) and
periodic updates as required in Primavera 6 (or acceptable equal)format.
• Complete Monthly MANGE Report Form and Final Summary Payment Report Form at
the end of the project.
• Communicate with other agencies as defined in Task 7 and entities for the design of
the proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs to the extent required by the Task 7 scope.
ENGINEER shall work with regulatory authorities to verify permitting requirements.
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 2 of 9
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Schedule updates with schedule narrative describing any current or anticipated schedule
changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
ASSUMPTIONS
• ENGINEER will attend up to three (3) meetings with local agencies
TASK 2. PRELIMINARY DESIGN (30 PERCENT)
ENGINEER will develop preliminary design plans and submit to CITY based on the
approved project schedule.
2.1 Development of Preliminary Gateway Park Recreational Improvements Design Drawings
including the following:
2.1.1 Replacement of Existing Hike/Bike Trails & Bridges
• Design replacement of and improvements to the concrete hike/bike trails for up to
eight (8) pedestrian bridges in the general areas shown in Attachment E.
• Precast weathering Steel (Cor-Ten) bridges with plank decking will be designed for
the eight bridges to be replaced along the bike trails.
• The ENGINEER will attend one (1) site meeting with CFW PACS Department to
discuss the proposed trail improvements.
2.1.2 Canoe Launch Demolition & Conversion
• Develop preliminary plan for removing two (2) existing boat launches and staircase.
• Design conversion of the existing upper deck of the canoe launches to wildlife
observation decks
• Determine requirements for ADA accessibility, structural improvements, stream bank
stabilization, and interpretive signage layout for observation decks.
2.1.3 Proposed Trailhead and Hike/Bike Trails
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 3 of 9
• Design replacement of existing 1St Street parking lot pavement and lights with
solar lighting.
• Design trailhead with portable toilet enclosure, shade structure, picnic tables,
benches, water service and drinking fountain, and other similar amenities near 1 St
Street parking lot. TRWD will provide example design drawings of the preferred
toilet enclosure type for reference into the construction drawings.
• Design concrete hike/bike trails from the proposed trailhead at the 1St Street
parking lot to the existing 1 st Street Bridge, and from the 1St Street Bridge to the
existing Streams and Valleys Circle. The approximate length of the proposed trail
will be 4000 LF.
2.1.4 Interpretive Signage
• Determine appropriate sign locations on existing and proposed trails.
• Determine basic architecture of signs
• Design signs to incorporate above items
• PACS to determine final artwork and sign content for fabrication
2.2 Meetings
• Prior to submission of the preliminary plans, the ENGINEER will attend up to
three (3) site visits and/or meetings with the CITY to present/discuss proposed
improvements at the 30% progress stage.
• Following submission of the preliminary design package, and review by the CITY,
the ENGINEER will attend one (1) design review meeting with the CITY.
• Present preliminary design to TRV Project Delivery Team (PDT)
2.3 30% Drawings
• Develop existing conditions site plan
• 30% preliminary design drawings
2.4 Opinion of Probable Construction Costs
• Develop Preliminary Opinion of Probable Construction Costs within the
construction budget of$2,053,000
2.5 Technical Review
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 4 of 9
• Conduct internal quality review including constructability by Technical Review
Team independent of design team
ASSUMPTIONS
• DWF or PDF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• The CITY's front end and technical specifications will be used as applicable. The
ENGINEER shall supplement the technical specifications if needed.
• ENGINEER shall not proceed with Final Design activities without written approval by the
CITY of the Preliminary Design plans.
DELIVERABLES
A. Three (3) half-size (11'x17") hard copies and an electronic copy of the Preliminary
Design 30% drawings and specifications index.
B. Opinion of Probable Construction Cost(OPCC).
TASK 3. FINAL DESIGN AND CONSTRUCTION DOCUMENTS
Upon approval of the Preliminary plans, the ENGINEER will proceed with final design and
prepare construction plans as follows:
3.1 Construction plans and specifications shall be submitted to CITY per the approved
Project Schedule.
• ENGINEER will incorporate 30% plan review comments from the CITY, and from
CMAR if available.
• At the 65% completed design level, the ENGINEER will coordinate with and provide
quantities for use by the CMAR in developing an opinion of probable costs and
Guaranteed Maximum Price (GMAX).
• At the 65% completed design level, conduct internal quality review including
constructability and value engineering by a Technical Review Committee
independent of design team. Due to the urgency of the project, the ENGINEER will
not stop design at the 65%while the CMAR reviews the plans, but will incorporate
recommendations from the CMAR as they are received.
• The ENGINEER shall prepare draft construction plans and specifications (90%
completed design level)with input from the CMAR to the CITY for review.
3.2 Following a draft construction plans and specifications review meeting with the CITY, the
ENGINEER shall submit final construction plans and specifications (100% completed design
level) to the CITY per the approved Project Schedule.
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 5 of 9
Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered
in State of Texas.
ASSUMPTIONS
• DWF or PDF files for the 65%, 90% and 100% completed design packages will be
created from design CAD drawings and will be uploaded to the project folder in
Buzzsaw.
• The ENGINEER will assist the CITY in preparing and submitting permit applications if
required for approval of the construction plans as defined in Task 7. The ENGINEER will
be responsible for paying review and other fees required for the permit applications, and
will be reimbursed by the CITY.
• The CITY's standards contract specifications will be used as applicable.
DELIVERABLES
A. At the 65% completed design level, draft construction plans and specifications, and
quantities for use by CMAR in developing costs estimates and GMAX
B. At the 90% completed design level, draft construction plans and specifications.
C. 100% construction plans and specifications.
D. For the 65%, 90%, and 100% submittals, three (3) sets of half-size (11"x17") drawings
will be provided.
E. For the 100% submittal, an original cover mylar sheet will be provided for signatures of
authorized CITY officials.
TASK 4. LIMITED CMAR CONTRACTING SUPPORT
ENGINEER will support the CITY in contracting the Construction Manager At-Risk (CMAR)
for the project as follows.
4.1. Limited CMAR Contracting Support
• The ENGINEER will develop a description of the project scope and tentative
project schedule for the CITY to include in a Request for Qualifications (RFQ)for
the CMAR.
• The ENGINEER will assist the CITY in answering design related questions from
potential CMAR's during the RFQ period.
ASSUMPTIONS
• The ENGINEER will not provide any assistance to the CITY in evaluating qualifications,
or recommending a CMAR for the City to select.
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 6 of 9
• Only one RFQ will be issued.
DELIVERABLES
A. Project scope and schedule for inclusion in the RFQ
B. Recorded responses to design related RFI's
TASK 5. CONSTRUCTION PHASE SUPPORT
ENGINEER will provide limited support during the construction phase of the project as
follows.
5.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress. Eight (8) site visits (one hour each)
during the construction period are included.
• The ENGINEER shall review shop drawings, samples and other submittals
submitted by the CMAR for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the CMAR 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.
• As requested by the CITY, the ENGINEER shall provide interpretations and
clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work. However, the interpretations,
clarifications and recommendations will be limited to the information available to
the ENGINEER, and will not include recommendations that require inspections.
• The ENGINEER shall attend the"Final" project walk through and assist with
preparation of final punch list.
ASSUMPTIONS
• Record drawings will be the responsibility of the CMAR.
• The CITY or CMAR shall provide construction inspection, testing and contract
administration.
• The CITY shall log and track all shop drawings, samples and other submittals in
Buzzsaw.
• The CITY shall be the primary point of contact with the CMAR during construction.
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 7 of 9
• Two (2) construction period change orders will be budgeted. Additional change orders,
not resulting from errors with the design, will require addendums to this agreement.
• No more than forty (40) shop drawings and RFI's will be submitted.
DELIVERABLES
A. Responses to Contractor's Request for Information (RFI)
B. Review of contractor initiated Change Orders, and preparation of contract document
changes orders.
C. Review comments for shop drawings
D. Final Punch List items
TASK 6. SURVEY AND GEOTECHNICAL SERVICES
ENGINEER will provide survey support as follows.
6.1. Design Survey
• The ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design. Information
gathered during the survey shall include topographic data, and utility information
as needed to support design.
6.2. Geotechnical Investigation/ Design Recommendations
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made.
• Laboratory tests will be used to determine the strength characteristics, and to
evaluate both the short-and long-term deformation/swell properties of the
materials encountered with the borings. The specific types and quantities of tests
will be determined based on soil conditions encountered in the borings by the
ENGINEER, and additional tests for items included in the initial scope of work will
be responsibility of the ENGINEER if needed.
ASSUMPTIONS
• No SUE services will be required.
DELIVERABLES
A. Drawing of the borings locations
B. Geotechnical Report
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,1 Wuly2014
Page 8 of 9
TASK 7. PERMITTING SUPPORT
ENGINEER will provide permitting support for the CITY to research whether the following
permits will be required for the project, and support the CITY in obtaining the applicable
permit.
7.1 7.2 TDLR (Texas Department of Licensing and Regulation)
• Submittal to TDLR for accessibility review
ASSUMPTIONS
The following permits will not be required with this project
• USACE 404 or Nationwide permits
• Permits specifically related to means and methods that are typically the responsibility of
the contractor
• The ENGINEER will be responsible for all required permit fees, including review fees
• The CMAR will be responsible for obtaining grading, NPDES or other construction
related permits, and the ENGINEERS assistance will be limited to providing engineering
related information to the CITY.
DELIVERABLES
A. Copies of correspondence with agencies.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
CITY and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed,
upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result
of any material change to the Scope of the Project shall be agreed upon in writing by both
parties before the services are performed. These additional services include the following:
• Negotiation and exhibits for recording easements.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Platting or other land use agreements
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY
City of Fort Worth,Texas
Attachment A
Gateway Park East Recreational Improvements,15July2014
Page 9 of 9
ATTACHMENT B
Design Services for
Gateway Park Redevelopment- East
City Project No. 01857
Lump Sum Project
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $294,800 plus
reimbursables as summarized in Exhibit B-1 — Engineer Invoice and Section IV—
Summary of Total Project Fees. The total lump sum fee shall be considered full
compensation for the services described in Attachment A, including all labor
materials, supplies, and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Parks and Community Services Department monthly progress reports and
schedules in the format required by the City.
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
CDM Smith Civil, structural, utility and $203,151 68.9
interpretive signage design,
permitting, construction
support, and project
management.
Proposed M/WBE Sub-Consultants
Caye Cook& Landscape, interpretive $38,484 14.1
Associates signage content, trails and
irrigation design.
Gorrondona & Topographic Survey; geo- $41,665 14.1
Associates technical investigation and
engineering.
MEP Solar lighting design $11,500 3.9
Non-M/WBE Consultants
TOTAL $294,800 100
Project Number& Name Total Fee MMBE Fee MIWBE
Project#01857: Gateway Park $294,800 $91,649 31.1
Redevelopment- East
ATTACHMENT C
Gateway Park Redevelopment-East
No Amendments to Standard Agreement for Engineering Services in this agreement.
ATTACHMENT D
Gateway Park Redevelopment - East
ID Task Name Istart Finish 2015 2016
lul A Sa Ott Nov Oec tan Feb Mar A r Ma tun lul Au 5 Oct Nov Dec Jan
1 NTP Fri 8/1/14 Fri 8/1/14
2 Preliminary Design Mon 8/_4/_14 Tue 11/4/14
3 30%Design Mon 8/4/14 Fri 1013/14
4 Surveying Mon 8/25/14 Fri 9/19/14
5 Geotechnical Mon Tue 11/4/14
Investigation 10/6/14
6 PACS Review Tue 10/14/14Thu 10/23/1
7 Final Design Mon 30/27/]Thu 3/19/15
a 65%Plans&Spea Mon 10/27/SMon 12/221
9 90%Plans&Specs Fri 12/26/14 Thu 215115
30 PACS Review Fri 2/6/15 Thu 2/19/15
11 100%Contract Fri 2/20/15 Thu 3/19/15
Documents
12 CMAR Contracting Mon 9/9/14 Fri 3/6115
(1•Ste
13 Develop RFO/RFP Mon 9/8/14 Tue 10/21/1
14 Advertisement/Select Wed Mon
CHAR 10/29/14 12/15/14
15 Finalize Contract Wed Tue 2/3/15
_
Documents 12/31/14
16 Finalize GMAX Mon 2/9/15 Fri 3/6/15
17 Construction(MO) Wed 2/4/15 Tue
12/29/15
15 SubContractor Wed 2/4/15 Tue 3/24/15
Contracting
19 Mobilization Wed 3/18/SSTue 4/7/15
20 Construction Wed 4/8/15 Thu 12/17/
21 Substantial Fri 12/4/15 Mon
Completion 12/7/15
22 Final Acceptance Tue 12/29/15Tue 12/29/
Gateway Park East Improvements Page 1
Project Schedule
24 September 2014
ATTACHMENT E
Gateway Park Redevelopment- East
Location Map—Mapsco 63Z+64W
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/23/2014
DATE: Tuesday, September 23,2014 REFERENCE NO.: C-27019
LOG NAME: 80GATEWAY PARK OXBOW CDM SMITH AMENDMENT
SUB TECT:
Authorize Execution of Amendment No. 1 to City Secretary Contract No. 43460 with CDM Smith,Inc.,in the
Amount of$127,100.00 for Additional Design and Engineering Services for the Gateway Park Oxbow
Development for a Revised Contract Amount of$646,502.00,Authorize Mutual Termination of City
Secretary Contract No.43460,as Amended,with CDM Smith,Inc., and Authorize Execution of an
Engineering Agreement with CDM Smith,Inc.,in the Amount of$294,800.00 for the Design and Engineering
of Gateway Park Redevelopment—East(COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1.Authorize the execution of Amendment No. 1 to the Engineering Agreement with CDM Smith,Inc., City
Secretary Contract No. 43460,in the amount of$127,100.00 for additional design and engineering services
associated with the Gateway Park Oxbow Development for a revised contract amount of$646,502.00;
2.Authorize the termination of City Secretary Contract No. 43460, as amended,with CDM Smith,Inc.; and
3.Authorize the execution of an Engineering Agreement with CDM Smith,Inc.,in the amount of
$294,800.00 for the design and engineering of Gateway Park Redevelopment—East.
DISCUSSION:
The overall objective of this Mayor and Council Communication(M&C)is to enable the City of Fort Worth
to fulfill the requirements of the 2004 Regional Park State Grant for the Gateway Oxbow Project.In order to
satisfy the representations made in the grant application,improvements must be made in the eastern area of
Gateway Park north of IH-30 and east of Beach Street. At the appropriate time,the Trinity River Vision
Authority will complete 100 percent design of the original project and will construct consistent with the
Master Plan.
The recommended actions,including authorizing final payment for design and engineering services
previously completed and termination of the existing design and engineering services contract(by mutual
consent)coupled with the authorization to enter into a new design and engineering services contract to
complete the design of improvements in the eastern area of the park,will achieve this objective.
This matter,including previous actions by the City and actions by others which have had a direct effect on
the originally proposed project are explained below:
Amendment and Termination:
On May 14, 2002, (M&C G-13624)the City Council adopted the updated Gateway Park Master Plan.The
Master Plan included the potential joint venture to develop recreational and ecosystem restoration facilities in
the area of the Trinity River Oxbow at Gateway Park with the U.S. Army Corps of Engineers (USACOE).
On January 13, 2004, (M&C G-14221)the City Council authorized the adoption of appropriation ordinances
and an Interlocal Agreement authorizing the resubmission and acceptance of an application for a 2004 Texas
Parks and Wildlife Department(TPWD),regional park grant and accepted a donation from Streams and
Valleys,Inc. (S&V), and the Tarrant Regional Water District(TRWD).In August 2004,TPWD awarded the
City of Fort Worth a$2,000,000.00 regional grant for Gateway Park with the award contract executed in
March 2005. The$2,000,000.00 regional grant was matched with$2,500,000.00 in combined funding from
the City, S&V and the TRWD for a total project funding amount of$4,500,000.00.
Since March 2005, a number of initiatives outside the City's purview deferred the project. Specifically,land
acquisition necessary for incorporation into the Gateway Park Oxbow project by the TRWD was delayed
indefinitely pending appropriation of federal funds for land acquisition and the ongoing design of the Beach
Street/Gateway Park Oxbow entry by the USACOE. In June 2006,the City requested the USACOE to
consider merging the Gateway Park Oxbow Project with the Trinity River Vision Central City(TRV—CC)
project because both projects were occurring simultaneously and jointly impacting floodplain valley storage
requirements.
Project deferral continued through May 2008,when the USACOE passed a Record of Decision allowing the
Gateway Park Oxbow Project to merge with the TRV—CC Project.In February 2010,TRWD requested
federal stimulus funds for the TRV—CC Project and by November 2011,the USACOE moved forward with
design of mass site grading within the Gateway Park Oxbow necessary for floodplain valley storage.
In March 2012,the Trinity River Vision Authority(TRVA)recommended the Parks and Community Service
Department proceed with the Gateway Park Oxbow project design in order for the project to be "shovel
ready" when federal funding became available for the mass grading project. On July 17, 2012, (M&C
C-25747)the City Council authorized the execution of an Engineering Agreement with CDM Smith,Inc.,in
the amount of$519,402.00 for the design and engineering of the City's facilities for the Gateway Park
Oxbow development.
Due to the revised schedule of the USACOE mass grading project funding,final design and construction of
the City's facilities within the Gateway Park Oxbow cannot be completed in the timeframe required by the
TPWD regional grant's extended deadline(construction completion by December 31, 2015). The CDM
Smith,Inc., design is approximately 50 percent complete.The USACOE mass grading/valley storage project
has been completed and bidding will commence in the summer of 2015. Construction is anticipated to begin
fall of 2015 and run through mid-2017.When the USACOE work is completed the TRVA will complete the
remaining 50 percent of the construction documents and proceed with bidding and construction of the
recreational facilities.
Amendment No. 1 to the original Agreement is to compensate CDM Smith,Inc.,for services performed
outside the original contract scope of services and includes additional items for design related to the TPWD
grant and assisting in additional budget impact studies and cost estimates requested by TRVA and CFW.
Staff considers this fee to be fair and reasonable for the additional services performed.Upon approval of this
M&C,the amendment will be processed and then the contract terminated. CDM Smith,Inc.,has been
consulted and informed in writing of Staff s recommendation of the termination. CDM Smith,Inc., does not
object to this action.
Reprogramming Funds:
In order to use the TPWD funds by the December 31, 2015 deadline,Staff recommends authorization of the
execution of an Engineering Agreement with CDM Smith,Inc.,in the amount of$294,800.00 for the design
and preparation of construction documents for park improvements in Gateway Park east of Beach Street.
Staff considers this fee to be fair and reasonable for the scope of services proposed.
Improvements will include replacement of portions of concrete trails and up to eight pedestrian bridges,
removal of two existing canoe launches and modifications to the upper decks of the launches,proposed
concrete trails and a trailhead,including parking,pavilion,tables,benches,portable toilet facility and solar
powered security lighting.It is expected that the construction contractor will be procured using the
Construction Manager at Risk(CMAR)method in order to accelerate the design/construction process as
necessary to meet the December 31, 2015 deadline. Reprogramming the funds in this manner has been
approved by TPWD.
M/WBE Office—CDM Smith,Inc.,is in compliance with the City's BDE Ordinance by committing to 18
percent SBE participation.The City's goal on this project is 18 percent.
Gateway Park Redevelopment—East is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 531200 080306836030 $294.800.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Joel McElhany (5746)
ATTACHMENTS
1.Available Funds.docx
2.FAR-00005.12df
3.MAYOR AND COUNCIL COMMUNICATION Gateway East.pdf
4.MWBE Contract Compliance Memo 072914.12df
5.PMPR-00005.pdf