HomeMy WebLinkAboutContract 31480 Cf T�' ZS%CRETAFjti
CITY OF FORT WORTH,TEXAS . ONTRACT NO
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Boydston
Resigns, Inc-, (the "ENGINEER"), for a PROJECT generally described as: Eugene McCray
Community Center Parking Lot Ex ansinn
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is 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 to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER 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.
(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, including interest. 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.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are includes in Attaclunent 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.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, 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/o he CITY's
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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 the 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, for any reason, the
ENGINEER should make an on-site observation(s), on the basis of such on-site
observations, if any, the ENGINEER shall endeavor to keep the CITY informed of
any deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(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 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. 11923, as amended by Ordinance 13471,
the City has goals for the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepre-sentation 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 parti-cipating 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 three (3) 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 three (3) 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 subcon-sultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the
following coverage at minimum limits which are to be in effect prior to commencement of
work on the PROJECT:
Commercial General Liability '
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis). Coverage shall be on any
vehicle used in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
$100,000 disease- each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) 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.
(a) Applicable policies shall be endorsed to naive 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.
(b) Certificate(s) of insurance shall document that insurance coverage specified
according to items section K.(1) and K.(2) of this agreement are provided
under applicable policies documented thereon.
(c) Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
(d) A minimum of thirty (30) days notice of cancel-lation 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. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the state of
Texas or be otherwise approved by the CITY; and, such insurers shall be
acceptable to the CITY in terms of their financial strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through insurance
pools or risk retention groups must be also approved. Dedicated financial
resources or letters of credit may also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) 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.
(i) The Commercial General Liability insurance policy shall have no exclusions
by endorsements unless such are approved by the CITY.
(j) The Professional Liability insurance policy, if written on a claims made
basis shall be maintained by the ENGINEER for a minimum two (2) year
period subsequent to the term of the respective PROJECT contract with the
CITY unless such coverage is provided the ENGINEER on an occurrence
basis.
(k) The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement. It is understood that insurance cost is
an allowable component of ENGINEER's overhead.
(1) All insurance required in section K., except for the Professional Liability
insurance policy, shall be written on an occurrence basis in order to be
approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the ENGINEER to
maintain the same or reasonably equivalent insurance coverage as required
for the ENGINEER. When insurance coverage is maintained by
subconsultants, ENGINEER shall provide CITY with documentation thereof
on a certificate of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subcon-sultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not constitute
a breach by ENGINEER of the Agreement.
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 which 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 ENGINEER will, if
requested, assist the CITY 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.
Article V
Obligations of the City
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The 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 and will provide labor and safety equipment as
required by the ENGINEER for such access. The CITY will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection with the ENGINEER's services. The
CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements,Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay
for all advertisements for bids; permits and licenses required by local, state, or federal
authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's
services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
CITY deems appropriate; and render in writing decisions required by the CITY in a timely
manner in accordance with the project schedule in Attachment A.
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 and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and release
ENGINEER and its officers, employees, and subcontractors from all claims,
damages, losses, and costs, including, but not limited to, attorney's fees and
litigation expenses arising out of or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or asbestos on or from the
PROJECT. Nothing contained herein shall be construed to require the CITY to levy,
assess or collect any tax to fund this indemnification.
(2) The indemnification and 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 such hazardous substance, contaminant or
asbestos is brought onto the PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article N.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:
i
"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/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.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the
CITY or by others acting through or on behalf of the CITY of any such instruments of
service without the written permission of the ENGINEER will be at the CITY's sole risk.
The final designs, drawings, specifications and documents shall be owned by the CITY.
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.
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
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;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
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 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 termi-nation 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
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or
expense claimed by third parties for property damage and bodily injury, including
death, caused solely by the negligence or willful misconduct of the ENGINEER, its
employees, officers, and subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable) is a cause of such damage or injury,
the loss, cost, or expense shall be shared between the ENGINEER and the CITY in
proportion to their relative degrees of negligence or willful misconduct as
determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement
1996).
G. Assignment
Neither party will 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 means the CITY and the ENGINEER, and
their officers, employees, agents, and subcontractors.
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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the PROJECT,
or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be
submitted to mediation. If mediation is unsuccessful, the claim, dispute or other
matter in question shall be submitted to arbitration if both parties acting reasonably
agree that the amount of the dispute is likely to be less than $50,000, exclusive of
attorney's fees, costs and expenses. Arbitration shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association or
other applicable rules of the Association then in effect. Any award rendered by the
arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be
final,judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections 10
and 11 of the Federal Arbitration Act(9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses,
may be litigated by either party on a de novo basis. The award shall become final
ninety (90) days from the date same is issued. If litigation is filed by either party
within said ninety (90) day period, the award shall become null and void and shall
not be used by either party for any purpose in the litigation.
K. 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any
cause.
L. 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
ATTEST: 2;OF FORT VS ORTH
1
J
Marty Hendrix Libby Watson
City Secretary Assistant City Manager
APPROVED AS TO FORM - --
1,%7ta'
AN4DAITY
As ttorney kandle Harw d, Acting D rector
Parks and Community Services
Department
ATTEST:
Corporate Secretary Barney'd. Boydston, resident
Boydston Designs, Inc.
Attachment"A" Scope of Services Eugene McCray Community Center
A. PRELIMINARY DESIGN PHASE
1. Public Meetings.
BDI includes one public meeting in its scope of services.
2. Materials Selection and Cost Estimates
BDI will prepare a list of materials that are proposed for use on the project. Utilizing
these materials, an engineer's opinion of probable cost will be prepared for
budgetary purposes.
M SURVEY SERVICES
BDI will provide the following survey services.
1. Topographic Survey
BDI will prepare a topographic survey of existing grades and existing surface ,
features. In addition, BDI will record surface features in the perimeter areas that
may affect drainage patterns. This additional area is limited to 30 feet outside the
proposed paved area and/or the middle of adjacent streets. If it is required to
obtain survey information outside those limits, the survey services will be charged
at hourly rates.
BDI will also show underground utilities as located by an underground utility
locating service. BDI cannot guarantee the accuracy or completeness of this
information.
C. ENGINEERING AND DESIGN SERVICES
BDI will provide design services as outlined below.
1. Layout
BDI will prepare at least two possible layouts for consideration by the Parks
Department. The Parks Department will approve via email or letter the layout prior
to plan production.
2. Grading
BDI will prepare grading plans for the site to determine finished grades in
compliance with the Americans with Disabilities Act (ADA) criteria. Generally, the
minimum grade for the pavement will be 1% where possible and in no case shall
the grade be less than 0.5%. The minimum grades for landscape areas will be
1%. In critical areas, ADA criteria will be followed for maximum grades. It areas
outside ADA consideration, the maximum grade for the pavement areas will be 5%
and the maximum grades for driveways will be 10%where possible. If it becomes
necessary to use steeper grades, prior approval from the Parks Department will be
obtained.
I
Attachment"A"
February 9. 2004
Page 2 of 3
Using these grades or those requested by the owner, any required retaining walls
will be identified with the top and bottom elevations. It is beyond the scope of this
contract to provide structural design of walls. Typically, the contractor, as a part of
his construction, provides design by a professional engineer for those wall higher
than four(4)feet.
Control will be included for construction operations.
3. Pavement Design
The plans will indicate pavement and subgrade and other details to match the
existing parking lot pavement. Plans for the existing construction will be provided
to BDI for use in showing the proposed sections for the proposed work.
4. Storm Drain
It is anticipated that storm drain can be handled as surface flow. If the City
requires underground storm drain, those design services will be additional to this
scope.
5. Domestic Water
It is not anticipated that the water supply will be affected by this work.
6. Sanitary Sewer
It is not anticipated that the sanitary sewer will be affected by this work.
7. Lighting Layout
BDI will provide a lighting layout to match spacing and lighting indicated on the
construction plans for the existing parking lot. Conduit for the wiring will be
indicated on the plans. The lighting will be connected by a licensed electrician.
8. Erosion Control Plan
BDI will include an erosion control plan. Although the disturbed area is less than
one acre and therefore is not under the jurisdiction of the Texas Commission for
Environmental Quality (TCEQ), the provisions for the erosion control will be
followed. No communication with the TCEQ is required or included.
9. Contract Documents
BDI will hold a pre-bid conference to answer any questions that the contractors
may have. BDI will be responsible for meeting notes and BDI will issue addenda
as necessary. Addenda will be delivered by the City. This conference will be held
at a City or Park facility.
BDI will assist the Parks Department in publicly advertising the project for receiving
bids. Bids will be received by the City and will be publicly opened and read out
loud. The low bidder will be selected to perform the work.
Attachment"A"
February 9. 2004
Page 3 of 3
Once the contractor(s) is determined, BDI will prepare contracts for the work. The
contracts will be delivered to the contractor(s) for bond preparation and contract
execution. Once signed by the contractor, the contracts will be delivered to the
client for his signatures. When fully executed, BDI will bind them and deliver
appropriate numbers of contracts to the City and one copy to the contractor.
BDI will hold a pre-construction conference to answer any questions and to
authorize the beginning of the construction. BDI will be responsible for meeting
notes. All questions will be answered in writing. The conference will be held at a
City or Park facility.
BDI will review and approve submitted shop drawings, observe construction
procedures and results, provide plan interpretation for resolving field construction
discrepancies or field design deficiencies.
One set of plans on mylar will be included. Printing of plans will be performed by
City forces.
10. Texas Department of Licensing and Regulation Review and Inspection-
BDI will submit plans for review at the Texas Department of Licensing and
Regulation (TDLR) and will call for post construction inspection. The fees for this
review and inspection are included in BDI's fees.
11. Final Inspection
BDI will prepare a punch list of final items to be performed prior to acceptance.
Once the punch list items are performed, BDI will perform a final inspection and will
contact the TDLR for their final inspection.
D. SCHEDULE
It is anticipated that the survey will require approximately two weeks.
After a preliminary layout has been accepted, plan productions will require
approximately two weeks to substantially complete. At that time, the plans will be
submitted to the TDLR. Their review time is beyond the control of BDI.
Attachment"B"-Compensation
A. Payment
1. Survey Services.........................................................$ 2,800.00
2. Preliminary Layout.....................................................$ 1,500.00
3. Final Design..............................................................$10,600.00
4. Final Inspection......................................................... 1$44 4
Total Lump Sum Fee: $16,300.00
°r3 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/13/2004
DATE: Tuesday, April 13, 2004
LOG NAME: 80MISCCDBG REFERENCE NO.: G-14337
SUBJECT:
Reallocation of CDBG Year XXVIII Funds from Mosier Valley Park Development for Park
Improvements at McCray and Martin Luther King Community Centers, Pate and McCray Parks
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to approve the reallocation of CDBG
Year XXVIII CDBG funds in the amount of $150,000 from Mosier Valley parkland acquisition and
development for park improvements at McCray Community Center and Martin Luther King, Pate and
McCray Parks.
DISCUSSION:
On June 1, 2002, the Parks and Community Services Department (PACS) received CDBG Year XXVIII
funding in the amount of $150,000 for the acquisition and development of parkland in the Mosier Valley
neighborhood. PACS staff researched the feasibility of acquiring property in the Mosier Valley
neighborhood since no current park exists in the area. Staff determined that the majority of the area
surrounding the Mosier Valley neighborhood consisted of undevelopable floodplain area, and unlikely to
generate any significatant parkland dedication from development.
Staff then focused on identifying surplus City or vacant property for future park acquisition. One parcel
consisting of approximately four acres was found suitable for park development owned by the Hurst -
Euless - Bedford Independent School District (HEBISD). In the spring of 2003, PACS staff
contacted HEBISD regarding their interest in selling the property. Throughout the spring and summer of
2003 PACS maintained ongoing communications with HEBISD, in an attempt to negotiate a fair market
price for the purchase of the property, However, in September 2003 staff determined that the price
requested by HEBISD in the amount of $265,000 was excessive and terminated further negotiations for
parkland acquisition. Staff investigated alternative sites in the area but none were suitable. Since no other
site suitable for parkland development was located to serve the,Mosier Valley neighborhood, PACS is
requesting that the City Council consider the reallocation of CDBG funds to meet other immediate park
needs within Council District 5 as follows:
1. Euguene McCray Community Center- parking $ 76,500
2. Martin Luther King Park-walking trail $ 46,131
3. Eugene McCray Park at Lake Arlington-group shelter $ 15,000
4. Pate Park-small group shelter $ 12,369
Total $150,000
Due to change in location for the use of CDBG funds, a public comment period was held from February 5,
http://www.cfwnet,org/council_packet/Reports/mc_print.asp 8/23/2004
Page 2 of 2
2004 through March 5, 2004 in accordance with Title 24 Part 91.105 of the Code of Federal Regulations as
an amendment to the consolidated action plan adopted by the City for FY 2002 - 03.
All park sites are located within COUNCIL DISTRICT 5.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, in
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 541200 080206771940 $46,131.00 GR76 541200 080206771180 $150,000.00
GR $15,000.00
76 541200 080206771950
GR76 541200 080206771960 $12,369.00
GR76 541200 080206771930 $76,500.00
Submitted for City Manager's Office by- Libby Watson (6183)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Mike Ficke (5746)
http://www.cf-xnet.org/council_packet/Reports/mc_print.asp 8/23/2004