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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:
Park Improvements at Oakmont Park and Clear Fork Park
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work perFormed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
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
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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.
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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 e�ent 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
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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.
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.
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.
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.
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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
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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
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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.
(� 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.
(j) 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.
(I) 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.
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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)
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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.
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.
Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counsefor, 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.
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.
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.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 9 of 14
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Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain 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.
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.
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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;
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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
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officers, employees, agents, and subcontractors.
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 inediation 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, excfusive 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)
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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 day of
ATTEST:
� , 2007.
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�Mart Hendrix
City Secretary
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ATTEST:
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GALITY
' CITY OF FORT WORTH
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Libby Watson
Assistant City Manager
APPROVAL RECOMMENDED
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Melody Mitchell,�Acting Director
Parks and Community Services Department
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E INEER: Jones & Boyd, Inc.
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STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 14
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Jones & Boyd, Inc.
February 5, 2007
Via USPS & email ioel. mcelhan�(a� of•tworth o� v' orQ
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
Engineering � Surveying � Planning � Landscape Architecture � Construction Management
RE: Proposal for Additional Landscape Architectural and Surveying Services
Oakmont Park Improvements
Fort Worth, Texas
Dear Mr. McElhany:
Thank you for the opportunity to submit this proposal for additional landscape architecture and
surveying services to the City of Fort Worth (City) for the referenced project. Based on our meeting
and review of your schematic master plan, Jones & Boyd, Inc. (JBI) proposes the following:
Project Scope
1. The scope of work and fees for the services described within �his proposal is in addition to
our original-design services contraet for this project. The additional services for this proposal
include the layout and the preparation of Construction Drawings for the following:
• Increase the trail width in the original design services contract to eight feet (8');
• Remove the existing low-water crossing adjacent to the existing parking lot and replace it
with a 10-foot wide prefabricated pedestrian bridge and new concrete trail approaches;
• Remove approximately 7001inear feet of existing trail and low-water crossing;
• New layout and reconstruction of approximately 1,6201inear feet of eight-foot (8') wide
trail along the north side of the park including a ten-foot (10') wide prefabricated
pedestrian bridge;
• 120' x 120' soccer field with one (1) goal;
• New playground and shelter using a selected City of Fort Worth prototypical design;
• Approximately 650 linear feet of trail along Bellaire Drive from Oakmont Boulevard to
the new parking lot;
• Entrance plaza areas at each parking lot including bike racks and benches and
prefabricated portable restroom screen/enclosure;
� Miscellaneous site furnishings including benches at selected locations along the trail
routes;
• Replace approximately 100 square feet of concrete trail approach to an existing bridge on
the west side of the park, as well as remedial erosion control to the existing bridge
abutments;
17090, Dallas Parkway
ATTACHMENT A ' ` S�`te2°°
f� 1� �� Dallas, Texas 75248
f`� 972.248J676 tef
H:�Proposals�2007 Proposals�pro-20070205-cbm-J McElhany-Adml Oakmont Park Impvmts-rvsd.doc �;, ;. - 972.248.1414 feX
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Mr. Joel McElhany
February 5, 2007
Page 2
Site lighting to include security lighting at both parking lots and the playground, as well
as pedestrian scale low-level lighting on the section of trail connecting the two parking
lots; and
Parking lot renovation for Clear Fork Park to include demolition of existing restroom
building, new concrete parking lot, plaza area with benches, bike racks and prefabricated
portable restroom screen/enclosure, accessible picnic table area, security lighting,
landscape planting and temporary irrigation.
2. The improvements will be designed in accordance with City of Fort Worth codes and
requirements as well as Texas Accessibility Standards.
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.
2) We will visit the site in order to conduct a site inventory and analysis of the
existing site features of the new project areas, as well as identify site
opporiunities and constraints.
3) `JVewill obtain available maps and plats for existing, adjacent developments and
facilities within and surrounding the site, and we will review them for their
impact on the project.
4) We will work with you to determine the best location for the proposed
improvements including site selection, selecting the most appropriate creek
crossing location for the pedestrian bridges as well as walking the proposed trail
routes to select the best alignment for each.
5) We will set stakes along the proposed trail routes at appropriate intervals to
identify the proposed aligmments. Once we have determined the location of the
proposed parking lot and creek crossing and staked the proposed trail alignment,
we will review these with you and make changes or modifications as directed.
Once the locations and alignments have been approved, we will survey the
project area as described in Section A(Field Survey) of Additional Services.
6) We will identify the easting floodplain limits as the proposed pedestrian bridge
crossing location based on the existing FIRM maps and hydraulic studies of the
creek provided to us, as well as our on-the-ground crossing sections described in
Section A(Field Survey) of Additional Services.
H:�Proposals�2007 Proposals\pro-2007020S-cbm-J McElhany-Adml Oakmont Park Impvmts-rvsd.doc
Mr. Joel McElhany
February 5, 2007
Page 3
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 (i.e., trails, bridges,
playground and site furnishings).
2) We will prepare a construction cost estimate based on the preliminary design
documents.
3) We will analyze the existing floodplain limits of the creek and its affect on the
proposed bridges and make recommendations on location and elevation. (Does
not include preparation of floodplain permit).
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, JBI 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 for the project areas showing existing site
conditions as well as the removal and/or relocation of any existing elements as
reqaired to accommodate the proposed improvements;
3) Layout, dimension control and materials plans;
4) Pedestrian bridge plans (two (2) additional) including a section of each creek
crossing and structural design for pier and abutments. (Pedestrian bridges will be
specified as a prefabricated bridge with the bridge manufacturer responsible for
bridge engineering design);
5) Grading and drainage plans for all project improvements;
6) Site construction details;
7) Erosion control plan;
8) Landscape planting and temporary irrigation system requirements for
revegetation of disturbed areas and tree mitigation;
9) Additional plans and/or details necessary to show design intent for all the
proposed improvements; and
10) Site electrical / lighting plans showing the location of all fixtures as well as
connection to services. (The site electrical / lighting plans will be prepared using
a sub consultant to JBI).
A detailed construction cost estimate will be prepared to reflect the construction drawings.
H:1Proposals�2007 Proposals�pro-20070205-cbm-J McElhany-Adtnl Oakmont Park Impvmts-rvsd.doc
Mr. Joel McElhany
February 5, 2007
Page 4
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. Storm Water Pollution Prevention Plan (SWPPP) — JBI shall prepare a SWPPP in
accordance with current Texas Commission on Environmental Quality (TCEQ) and
Environmental Protection Agency (EPA) guidelines and assist in filing the Notice of
Intent (NOI) for coverage under the TCEQ State permit.
F. 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 conrerence;
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 three (3) site visits are
anticipated). Neither� Jones & Boyd, Inc. nor any sub consultant guarantee
the pef forr�zance of any conh•actor and shall have no �°esponsibility for
furnishing nzaterials or perforrning any work on the project;
e) Perform final inspection review; and
fl 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 routes, playground areas, proposed soccer feld
area. We will also prepare cross-sections at the proposed pedestrian bridge crossing
locations. 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,
H:�Proposals�2007 Proposals�pro-20070205-cbm-7 McElhany-Adtnl OaF:mont Park Impvmts-rvsd.doc
Mr. Joel McElhany
February 5, 2007
Page 5
drainage structures, visible utilities, etc. The completed survey of all project areas will be
submitted to the City.
B. Geotechnical Investigations — We will obtain (from sub consultant to JBI) a subsurface
soils report for conditions at each of the proposed bridge locations. These borings will be
taken as close to each end of the proposed bridges as is possible, and will be used for the
foundation design of the bridge abutments.
C. 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 as well as reproduction of final bid document sets 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 outsi�le 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) Consulting services by others not included in this proposal;
8) Services beyond those described in Section 1 or Section 2;
9) CLOMR or LOMR reports or submittal to FEMA;
10) Hydrologic or hydraulic studies;
11) Corps of Engineer permitting;
12) Floodplain permit;
13) Wetlands determination/delineation;
14) Renderings beyond those to illustrate layout or to show design intent; and
15) As-built field surveys.
H:�'roposals�2007 Proposals�pro-20070205-cbm-J McElhany-Adtnl Oakmont Park Impvmts-rvsd.doc
Mr. Joel McElhany
February 5, 2007
Page 6
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
B. Preliminary Design
C. Construction Drawings
D. Technical Specifications
E. Storm Water Pollution Prevention Plan (SWPPP)
F. Bidding/Construction Phase
Total Basic Services
2. Additional Services
A. Topographic Survey
B. GeotechnicalInvestigations
C. Reimbursable Expenses (Allowance)
Total Additional Services
Total Fee
$ 4,500.00
$ 8,500.00
$ 32,500.00
$ 500.00
$ 2,000.00
$ 2,500.00
$ 50,50�.00
$ 10,000.00
$ 4,000.00
$ 1,000.00
$ 15,000.00
$ 65,500.00
Extra services are defined as services which are not expressly written in this Agreement, or for design
services for improvements which will exceed the stated project budget (i.e., Master Plan components
outside the project budget but to be included as Add Alternates). Jones & Boyd, Inc. will not proceed
with any extra services without the City's written authorization and an Agreement regarding fee.
ATTAC H M E N T B
H:�Proposa1s�2007 Proposals\pro-20070205-cbm-7 McElhany-Adtnl Oakmont Park Impvmts-rvsd.doc
Mr. Joel McElhany
February 5, 2007
Page 7
We look forward to the opportunity to work with you on this project. Please contact me should you
have any questions or comments concerning this proposal.
Sincerely,
JO & BOYD, T .
arles B. Mc inney, ASLA
Principal
CBM:Igg
H:�Proposals�2007 Proposals\pro-20070205-cbm-J McElhany-Adml Oakmont Park Impvmts-rvsd.doc
Proposed Project Schedule
Oakmont Park and City View Park Improvements
Notice to Proceed March 1, 2007
Field Survey, Design and Preparation of
Construction Drawings
City Review
Bid Advertisement
Bid Opening
Award Contract
Construction
H:�Proposals�2007 Proposals\pro-20070205-cbm-J McElhany-Adtnl Oakmont Park Impvmts-rvsd.doc
March 1, 2007 — August 30, 2007
September 3, 2007 to end of September 2007
Mid October 2007
Early November 2007
December 2007
January 2008 — June 2008
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/29/2007
DATE: Tuesday, May 29, 2007
LOG NAME: 800AKMONT JB REFERENCE NO.: **C-22151
SUBJECT:
Authorize Execution of a Professional Services Agreement with Jones & Boyd, Inc., for Park
Improvements at Oakmont Park and Clear Fork Park.
RECOMMENDATION:
It is recommended that the City Council authorize the Cit execute a contract for professional
services with Jones & Boyd, Inc., in the amount o$65,500 00..,,€'or the design and preparation of
construction documents for Oakmont Park and Clear Fork Park Improvements.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) allocated $1,881,000.00 for reserve park site development,
of which $154,500.00 was allocated for design and construction of improvements at Oakmont Park.
On October 31, 2006, (M&C C-21808) City Council approved the acceptance of a Lease Agreement with
XTO Energy, Inc., for Natural Gas Drilling under Oakmont and Clear Fork Parks. The Lease Agreement
included a lease bonus of $1,364,367.10. The net transfer to the City less administrative and legal fees is
estimated to be $1,309,792.30 with appropriation to occur at award of construction contract. The lease
bonus proceeds will be deposited in the City Park Improvement Fund to implement the master plan for
Oakmont and Clear Fork Parks in accordance with the current policy for expenditure of gas revenue funds.
The revised development budget for park improvements at Oakmont and Clear Fork Parks is
$1,464,292.30. These proposed improvements were included in the Parks and Community Services
Department's plan for expenditures of gas revenues and identified in the memo to City Council dated April
17, 2007, and planned prior to the moratorium on gas well revenue spending.
Jones & Boyd, Inc., will complete final construction documents for approximately 3,020 LF of concrete trail,
replacement of two low water crossings with pedestrian bridges, a new playground and picnic shelter, an
entrance plaza at the existing parking lot at Oakmont Park, and parking lot renovation at Clear Fork
Park. Construction is anticipated to begin mid-April 2008 and will be completed by ear�y September 2008.
M/WBE - Jones & Boyd, Inc., is in compliance with the City's M/WBE Ordinance by committing to 7 percent
M/WBE participation. The City's goal on this project is 6 percent.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Parks Improvement Fund.
Logname: 800AKMONT_JB Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
C280 531200 803470043330 $65,500.00
Submitted for City Manager's Office b� Libby Watson (6183)
Originating Department Head: Melody Mitchell (Acting) (5704)
Additional Information Contact: Mike Ficke (5746)
Logname; 800AKMONT_JB Page 2 of 2