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HomeMy WebLinkAboutContract 33817 CITY SECRETARY CONTRACT NO. l / CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Jones & Boyd, Inc., (the "ENGINEER"), for a PROJECT generally described as: Oakmont Park Improvements 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) 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. (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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) �,1�,. Page 1 of 14 �i�, 03-04-06 P12 = 10 11 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. 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 2 of 14 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, 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 3 of 14 P�F51,�� 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. 15530, 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 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. STANDARD ENGINEERING AGREEMENT10/06/05 REV 0 0 � c > Page 4 of 14 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 photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. 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 that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence STANDARD ENGINEERING AGREEMENT(REV 10/06/05) -� Page 5 of 14 ��� ! � � A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims-made basis and 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) 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 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. (b) Certificate(s) of insurance shall document that insurance coverage specified in 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 forty-five (45) 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. 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 6 of 14 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (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 the CITY approves such exclusions in writing. Q) For all lines of coverage underwritten on a claims-made basis, other than Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis. (1) 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 7 of 14 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the 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 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 8 of 14 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 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 nmvisinns of STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 9of14 Article W.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain 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. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 10 of 14 ITYHC,RL /`y FT a 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 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. 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 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; STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 11 of 14 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 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 (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 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 �,, �. �. STANDARD ENGINEERING AGREEMENT(REV 10/06/05) iNH1}v I1��,� ay 1, `R", Page 12 of 14 G L J tS IS V kb �U `:�:�✓'�iG11�9 �LLt, 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 STANDARD ENGINEERING AGREEMENT(REV 10/06/05) Page 13 of 14 0,oS �JbJL-�� 1:3V('J�AJ v��l� '��I1�i1 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 Executed this the �ay of 20id�p ATTEST: CIT . OF ORT WORTH BA_Oicujvx'L�Z�iy._ Marty Hendrix Libbyats n City Secretary Assist_ nt Ci M�� ger iVC� M&Cy ttEQQtUl IED P VAL RECO MENDED andle Harwo ctin i eI z I ctor arks and Community Services Department APPR E ;AS7FOR ND LEGALITY Assistant C#A orney ATTEST: EN EER: Jones & Boy Inc. B /I STANDARD ENGINEERING AGREEMENT(REV 10/06/05) �1 AYl' 7 . 10 Gg4 Kw , Page 14 of 14 �� Engineering I Surveying I Planning I Landscape Architecture Construction Management Jones&Boyd,Inc. June 26,2006 Via USPS&email ioel.mcelhanynae fortworth ov.org Mr. Joel McElhany,ASLA Senior Landscape Architect City of Fort Worth Parks and Community Services Dept. 4200 South Frwy, Ste.2200 Fort Worth, Texas 76115-1499 RE: Proposal for Landscape Architectural and Surveying Services Oakmont Park Improvements (2004 Capital Improvements Program) Fort Worth,Texas Dear Mr. McElhany: Thank you for the opportunity to submit this proposal for landscape architecture and surveying services to the City of Fort Worth(City)for the referenced project.Based on our meeting review of the site and the request for scope of services,Jones&Boyd,Inc.(JBI)proposes the following: Project Scope 1. Our understanding of the project scope shall be the preliminary layout and the preparation of Construction Drawings for the following: • Twenty(20)vehicle parking lot; • Pedestrian bridge; and • Approximately 1,400 linear feet of 6-foot wide concrete pedestrian trail. 2. The improvements will be designed in accordance with City of Fort Worth codes and requirements as well as Texas Accessibility Standards, 3. We understand the construction budget for this project to be$128,000. Accordingly, Jones&Boyd,Inc. proposes the following scope of services: Section 1—Basic Services A. Pre-Design/Site Analysis 1) We will meet with you to discuss the project requirements,program and standards, review project timelines and schedules and identify the key components and issues related to the project. 17090 Dallas Parkway ATTACHMENT A Suite ,Te Dallas,Texas 75248 972.248.7676 tel HAPmposa1s\2006 Proposals\pm-20060626-cbm-Joel McElhany-Oakmont Park Impvmts-revised.doc 972.248.1414 fax www.iones-boyd.com Mr. Joel McElhany June 26, 2006 Page 2 2) We will visit the site in order to conduct a site inventory and analysis of the existing site features, as well as identify site opportunities and constraints. 3) We will work with you to determine the best location for the proposed improvements including site selection for the parking lot as well as selecting the most appropriate creek crossing location for the pedestrian bridge with you. 4) We will walk the proposed trail route with you setting stakes to mark the alignment. Once the locations and alignments have been approved and set for the proposed improvements, we will survey the project area as described in Section A(Field Survey)of Additional Services. B. Preliminary Design 1) Based on the site analysis and other information obtained in the pre-design along with our field survey described in Section 2—Additional Services,we will prepare a preliminary layout of proposed improvements. 2) We will prepare a construction cost estimate based on the preliminary design documents. 3) We will attend one public meeting to receive input on the project and will incorporate comments into the final layout or design as directed. 4) We will review the preliminary design documents and construction cost estimates with you and will address your comments and receive your approval prior to proceeding to the construction documents phase. C. Construction Drawings—Based on the approved preliminary design documents,TBI will prepare, for approval by the City,construction drawings for the project. These shall include, but are not limited to,the following: 1) Cover sheet showing vicinity map for the project site, signature block, index of drawings and contact list; 2) Existing conditions/demolition plan showing existing site conditions as well as the removal and/or relocation of any existing elements as required to accommodate the proposed improvements; 3) Layout, dimension control and materials plans; 4) Paving and parking lot plan; 5) Bridge plan including a section of the creek crossing; 6) Grading and drainage plans for all project improvements; 7) Site construction details; 8) Erosion control plan; 9) Additional plans and/or details necessary to show design intent for all the proposed improvements; and 10) Specific plans necessary for construction of the programmed design elements. H:\Propomisl2006 Proposals\pro-20060626-cbm-loel McElhany-Oakmont Park Impvmts-revised.doc CIF UA FYI Mr.Joel McElhany June 26,2006 Page 3 A detailed construction cost estimate will be prepared to reflect the construction drawings. D. Technical Specifications—JBI will prepare technical specifications for the work included in the construction plans(CSI format) for inclusion into the standard"boiler plate" specifications provided by the City. E. Bid Advertisement/Construction Plans 1) Based on approved construction documents,JBI will provide bidding services to include, but not limited to,the following: a) Attend pre-bid conference and prepare meeting notes; b) Prepare addenda items(if necessary); c) Answer questions during the bidding process; d) Review bids, as requested by the City; and e) Make recommendation for awarding the construction contract. 2) Construction Administration—During construction,JBI will perform, without limitations,the following construction administration services: a) Attend pre-construction conference; b) Review shop drawing, submittals and mock-ups as required; c) Respond to contractor Requests For Information(RFI); d) Make periodic site visits,as required,to observe contractor progress(not continuous site inspection)to determine if the work is proceeding in general accordance with the Contract Documents(a total of two(2)site visits are anticipated).Neither Jones&Boyd, Inc. nor any sub consultant guarantee the performance of any contractor and shall have no responsibility for furnishing materials or performing any work on the project; e) Prepare punch list of items to be completed or corrected; f) Perform final inspection review; and g) Provide plan interpretation for resolving field construction discrepancies or field design deficiencies. Section 2—Additional Services A. Topographic Survey—We will conduct an on-the-ground topographic survey of the project areas including the staked trail route and pedestrian bridge crossing location. This topographic survey will show the elevations at a one-foot contour interval as well as the locations and spot elevations of pertinent existing features on or adjacent to the site. Such features include without limitation paving,trees,vegetation masses, drainage structures, H:\Proposals\2006 Proposals\pro-20060626�bm-Joel McElhanyAakmont Park Impvmts-revised.doc Mr.Joel McElhany June 26, 2006 Page 4 visible utilities,etc. The completed survey of all project areas will be submitted to the City. B. Texas Accessibility Standards—JBI will submit a full-sized set of construction documents to the Texas Department of Licensing and Regulation or a City approved independent contract provider for Texas Accessibility Standards review and will work with their staff for plan approval and final project inspection. Based on the plans review, JBI will revise the construction documents accordingly. C. Geotechnical Investigations—We will obtain(from sub consultant to JBI)a subsurface soils report for conditions at the proposed parking lot and bridge location. This boring will be taken at each end of the proposed bridge,as is possible, and will be used for the foundation design of the bridge abutments and paving design of the parking lot. D. Reimbursable Expenses(Not to Exceed $1,000.00)—Reimbursable expenses are those incurred by JBI or the sub consultants,which are not included in our basic or additional services. These costs will be invoiced at a cost of 1.10 times the actual expense incurred unless otherwise specified. This budget of one thousand dollars($1,000.00)will not be exceeded by Jones&Boyd,Inc. without the formal written approval of the City. These costs include all reasonable and necessary expenses which are chargeable to the work which, in general, include expenses for printing of plans, long distance communication charges,travel, delivery, other reproduction services, and similar incidentals(City submittal and City plan review fees are not included). Exclusions—The intent of this scope of services is to include only the services specifically listed herein and no others. Services specifically excluded from this scope of services include the following: 1) Construction staking; 2) Field survey outside the defined project area; 3) Environmental impact statements or assessments; 4) Platting services; 5) Boundary survey; 6) Preparation of right-of-way dedication or easements; 7) Site lighting; 8) Consulting services by others not included in this proposal; 9) Services beyond those described in Section 1 or Section 2; 10) CLOMR or LOMR reports or submittal to FEMA; 11)Hydrologic or hydraulic studies; 12) Corps of Engineer permitting; 13) Wetlands determination/delineation; 14)Renderings beyond those to illustrate layout or to show design intent; 15)As-built field surveys; H:Troposafsl2006 Proposalsipro-20060626�bm-Joel McElhany-Oakmont Park Impvmts-revised.doc Mr. Joel McElhany June 26,2006 Page 5 16) Tree mitigation plan; 17) Irrigation system plans; and 18) Storm Water Pollution Prevention Plan(SWPPP). Information to be Provided by the City A. All"as-built"plans including all pertinent paving,drainage and utility plans for the project and surrounding developments(includes proposed or existing). B. The City shall coordinate all right-of-entry for surveys necessary for the final design including mowing areas to be surveyed and providing access through the existing fence along Bellaire Drive. C. The City shall coordinate all approvals with other City departments. Cost of Services—We propose to perform the work described in Basic Services and Additional Services and incidental expenses for a lump sum fee, based on the stated project budget. We will invoice for these services monthly based upon an estimated completion percentage for each listed task as follows: 1. Basic Services A. Pre-Design/Site Analysis $ 1,500.00 B. Preliminary Design $ 3,200.00 C. Construction Drawings $ 7,500.00 D. Technical Specifications $ 500.00 E. Bidding/Construction Phase $ 2,500.00 Total Basic Services $ 15,200.00 2. Additional Services A. Topographic Survey $ 4,200.00 B. Texas Accessibility Standards Review and Inspection $ 1,500.00 C. Geotechnical Investigations $ 3,000.00 D. Reimbursable Expenses(Allowance) $ 1,000.00 Total Additional Services $ 9,700.00 Total Fee S 24,900.00 ATTACHMENT B - HAProposals\2006 Proposa1s\pro-20060626-ebm-Joe1 McElhany-Oakmont Park Impvmts-revised.doc 6�V',,�rn S��V��,tS a Oakmont Park Improvements Proposed Project Schedule Notice to Proceed Early August 2006 Jones & Boyd Early August—Early Jan. 2007 Design /preparation of CD's City of Fort Worth Early Jan. —Mid Feb. 2007 Review Bid advertisement Mid Feb. 2007 Bid opening Mid March 2007 Award of Contract Mid May 2007 Construction start Mid July 2007 Construction completion Early Nov. 2007 7