HomeMy WebLinkAboutContract 39653 (2)ry
N RASECRETARY 4
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
MJ Thomas Engineering, LLC, (the "ENGINEER"), for a PROJECT generally described as:
CARTER PARK PAVING 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, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(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
CAy of Fort Worth, Texas
Standard Agreement for Engmeedng Related Design Services
fi 50 Q5
Page t of 15
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
gWVd faith within 60 days of the amount due, the ENGINEER may, after gg
7 days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's sen+ices 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.
C!ty of fort Worth, Texas
Stantlard kgreemen! to Eng!neenrg Related Cesign Servitvs
8.3G Og
Page Z of 75
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project
other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(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
City o' Fon Worm, Texas
Standard Agreement for Enginaenng Related Design Services
6 30 C?
Page 3 0! 15
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. 15530, the City has goals for
the participation of minority business enterprises and woman business
C�h/ cf Fort t�Jorfh, Texas
Standard Agreement `cr Engineenng Related Design Sernces
G !0 U9
Page d of i5
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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
City of Fon Wontr. Texas
Standard Agreement for 6lgineerng Peiated Design Services
� 30.09
Page 5 0! 15
The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000,00
each employee for bodily injury by disease, with $500,000,00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees far recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
Ciry of Fon Worth, Texas
Standard fareamen( fcr Engineering Related Design Services
6.J0.09
Page E of t 5
the contract or the first date of services to be pertormed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. 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.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
The CITY shall be entitled, upon its request and without incurring expense,
City of FOR `North. Texas
Stanoartl Agreemect for Englneenng Rebated Des,gn Servia�s
s so og
Paoe 7 0l 15
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.
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
Gty of Fort V;brth, Texas
Standartl Ayreement for Fnyineenny Related Design Services
63009
Page 8 of a 5
O. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER'S performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
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.
Ci;y of Fort Wcrtb, Texas
Standard Ayreement to Eng!neerng Related Desiyn Servicos
6 30 OP.
Paye 5 cf 15
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any clairn arising out of, in connection
Gty of Fort Wohh. Texas
Stan dard Agreemerd for Engineenng Related Design Services
E 30 09
Page t0 of 15
withI 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.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
City of Fort Vs'enn. Texas
Srandard Agreemznt for Engine=_nn� Related Design Services
f 30 09
Page 17 of t5
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
City of Fort 4Vmth Texas
Standard Agreemant for Enyineerirg Related Design Services
g 's0 09
Page 72 of 15
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
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.
City of Frr! 4Vortn, Texas
Standard Agreement [or Engineering Related Design Sernces
6 30 fJ?
Paa>, i30115
J. Severaty 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., VLF, VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
CI[y of Fort Worth, Texas
Standard lg;eemen! for Engineering Related Design 5ervi;.es
8.30 09
Page 14 of t5
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
A#aer eater �ewisee—
Attachment D - Project Schedule JJ
Executed this th�day of C.�� , 200�.
ATT
zk /
MaPty Hendrix
City Secretary
APPROVED AS
Assistant City
Clty of Fort Wortn, Texas
Sfantlartl Agreement for Engineering Related Design Services
6.3g 09
Page 55 of 55
By:
CITY OF FORT WORTH
harles W. Daniels `
giant City Manager
'„K�b R�hard Zavala, —
D ector, Parks and community Services
Department
<En ineer egal Entity Name>
Name
Title
C37
OFFICIAL RECORD
CITY SECRETARY
FT. NORTH, TX
MJT No. 506-005-4
9stebeF-�9-2899
November 17, 2009 Revised
City of Fort Worth Parks and Community Services
4200 S. Freeway, Suite 2200
Fort Worth, Texas 76115
Attention: Mr. Kenny Sims
Reference: Proposal for Professional On -Site Engineering, Construction Administration and
Surveying Services
Carter North and South Park Paving Improvements
Fort Worth, Texas
Dear Mr. Sims:
MJ Thomas Engineering, LLC. (MJT) is pleased to present this proposal for professional engineering and
surveying services for the above -referenced site. It is our understanding that the proposed renovations will
consist of providing paving and grading design to improve the existing parking lots for Carter North and South
Parks- The breakdown of services to be provided for this project are as follows:
CITY CRITERIA
Carter Park Parking Area South of Seminary Drive:
Design a minimum 20 car parking area in existing location.
• Remove all curbs and gutters.
• Lime stabilize existing subgrade with 5" reinforced steel concrete.
• Modify grades as necessary to allow sheet flow towards street while meeting existing
grades.
• Modify adjacent grades to allow for positive flow
• Provide ADA van accessible parking space with signage, not to exceed 2% cross slope in
any direction.
• Parking areas shall have minimum 8" or higher wheel stops; no curb and gutters.
• All interior marking to be striped.
• No inlets.
• Spot elevations at all corners and radii, show contours.
Carter Parking Area North of Seminary Drive:
• Re -construct as per existing layout, remove curb, gutters, and median.
• Pulverize existing asphalt. lime stabilize and place 5"steel reinforced concrete.
• Provide as per total number of parking spaces, accessible stalls.
• Stripe parking area.
• Lime stabilization existing sub -grade with 5" reinforced steel concrete, modify grade as
necessary to allow for possible sheet flow to meet existing grades.
• Two handicap parking stalls.
• Parking areas shall have wheel stops with no curb and gutters
• No inlets, design for sheet flow. Attachment
• Spot elevations at all comers and radii.
3400 Hulen Street, Suite 100 P (817)732-9839
Fort V�orth, Texas 75107 F: (817}732-9841
Registration #F-9435
Proposal for Professional On -Site Engineering, Construction Administration and Surveying
Services
Carter North and South Parks Paving Improvements
Fort Worth, Texas
October 7, 2009 - Revised
Page 2
Bid Alt. 1 Roadway:
• Reconstruct the existing roadway per existing layout.
• Pulverize existing asphalt, stabilize and place 2" HMAC overlay.
Bid Alt. 2 Roadway:
• Lime Stabilize with 5" thick concrete instead of asphalt.
A. SURVEYING
1. Topographic Survey
MJT's sub -consultant will perform the necessary fieldwork to prepare a topographic map
of the two (2) park sites for use in the design of all site improvements described herein.
MJT's sub -consultant will provide a detailed topographic survey including existing surface
features and all trees within this limit. Approximate locations of existing underground
utilities based off of public records including size and depth where possible. Specific
information includes:
• Topo shots on a 50' grid.
• Ties to top of curb and gutter in parking lots and streets.
• Ties to sanitary sewer manholes, water valves, water vaults, storm drain manholes,
etc.
• Ties to all above ground visible utilities, street lights, overhead electric, etc.
• Ties to all underground utilities as marked and identified by DIGTESS.
• Ties to all trees.
• A 3d (point map) drawing with TIN and contours in .dgn (or .dwg) format
• A 2d (line work) drawing in .dgn (or .dwg) format.
• An ASCII file (containing each point number, Northing, Easting, Elevation, and
Description), all field notes, and sketches.
Due to the unknowns involved in the preparation of this proposal, we have made the following
assumptions. If these assumptions change, we may have to revise the represented fee. These
assumptions are:
There will be no requirements for off -site drainage easement acquisition or grade -to
drain permission.
2. Construction staking will be considered as additional services.
3. MJT anticipates this work will take 4 weeks to complete after receiving a notice to
proceed.
Proposal for Professional On -Site Engineering, Construction Administration and Surveying
Services
Carter North and South Parks Paving Improvements
Fort Worth, Texas
October 7, 2009 - Revised
Page 3
Work Not Included
• FEMA Floodplain Amendments.
• Final (Post Construction) Topographic Maps.
• Preliminary or Final Platting
• Construction Staking
• Boundary Survey
• Tree Survey
• ALTA
• Easements by separate instrument.
• Any other items not specifically defined in this proposal.
B. ON -SITE CIVIL ENGINEERING
Site/Dimensional Control Plan
MJT will prepare a site dimensional control plans for the sites to locate paving and utilities for
the lot from known points on the existing survey. This plan will be based on the client -
approved site layout prepared by MJT. This Plan will act as the base for all of MJT's
subsequent work. Changes to the site plan after client approval that require re -design of
grading and utilities for this site may require MJT to re -negotiate our contract with the client. If
required, MJT will provide an amendment to the contract in writing to the client for authorization
prior to proceeding with such changes.
On -Site Grading/Drainage Plan
MJT will design and prepare the required grading plan to serve the approved site layout. MJT
will prepare Mass Grading Plans for the site to assure positive surface. The Civil Drawings are
to include spot elevations and finished grade contours. MJT will meet the requirements of the
Texas Accessibility Standards Review and make the appropriate submittals. MJT has included
paying for the ADA review fee.
MJT will also provide an existing and proposed drainage area map for the On -Site area to
meet the City's minimum requirements. Calculations will be presented on the plans for the
City's approval. The Construction Drawings will include agreed improvements and shall
conform to the City of Fort Worth Public Works Department. Design of storm sewer or outfall
ditch improvements off -site and detention design have not been included in the Scope of
Services as we do not see this as a requirement for this site.
3. Storm Water Pollution Prevention Plan (SWPPPI
A SWPPP has not been included in this fee proposal. Typically, most owners have us
include this in the scope for the contractor. However, if at the request of the City of
Fort Worth, MJT will prepare a Storm Water Pollution Prevention an (SWPPP) in
accordance with the City of Fort Worth requirements. This plan will be sealed by a
professional engineer licensed in the State of Texas. This SWPPP would be a
template to be used by the Owners contractor in meeting the minimum TPDES and
City of Fort Worth requirements for this site. Completion, adherence to and
maintenance of the SWPPP will be the responsibility of the Owner's contractor.
Proposal for Professional On -Site Engineering, Construction Administration and Surveying
Services
Carter North and South Parks Paving Improvements
Fort Worth, Texas
October 7, 2009 - Revised
Page 4
4. On -Site Paving Pians
MJT will prepare and provide paving details for the proposed drives and parking areas. The
City will provide the recommendation for pavement type, thickness and subgrade preparation.
MJT has not included retaining wall design in our fee proposal unless it is a design build
concept.
5. Civil Specifications
MJT will use the City of Fort Worth standard specification sections related to the site work
for use in the publication of the project manual for the construction of the facilities.
6. Assumptions and Not Included
Due to the unknowns involved in the preparation of this proposal, we have made the
following assumptions. If these assumptions change, we may have to revise the
represented fee. These assumptions are:
a. There will be no requirements for below grade drainage design, detention design,
easement acquisition or grade -to drain permission.
b. Off -site designs of water, sanitary sewer, grading or drainage are not anticipated
to be required.
c. Changes in the site plan, scope of work, or other items, which result in redesign
of the civil drawings may require MJT to adjust our fees and will be done so in
writing prior to proceeding,
if these assumptions change, or if any of the below items are required, these services can be
performed at an agreed upon lump sum fee or hourly rate. These assumptions are:
• Preliminary Platting
• Off-sita Pians
• Construction Materials Testing
• Environmental Services —Environmental services are not included in this
proposal. If desired, these services can be performed though asub-consultant.
• Soil Investigation/Laboratory Testing: MJT would recommend to the Client that
an independent laboratory be retained for use in any testing required during the
design phase. Payment for these services should be paid directly by the City to
the laboratory and should not be handled by MJT.
• Applications or presentation to the Board of Adjustments for Variances
• Zoning change requests
• Retaining wall design, unless it is design build.
• Re -design, re -study and/or revisions to recommended directives, conceptual or
final studies, drawings, specifications or other documents after same have been
previously approved by the City.
• Assistance as a consultant or expert witness in any discussions or litigation with
third parties arising from this project.
• Water and sanitary sewer design.
• Lift Station Design
• All other items except as specifically listed.
Proposal for Professional On -Site Engineering, Construction Administration and Surveying
Services
Carter North and South Parks Paving Improvements
Fort Worth, Texas
October 7, 2009 - Revised
Page 5
MJT proposes to perform all work outlined above for the amounts listed below. Reimbursable expenses will be
billed as outlined on the accompanying Terms and Conditions (TAC) and billed as an additional item- The TAC
document forms a part of this proposal/contract. Reimbursable expenses consist of printing, reproduction, filing
fees required by/to the City and delivery charges. Monthly statements for all work will be submitted to you by
the 25th of each month, and are due by the 15th of the following month. Monthly bills will be based upon the
Engineers estimate of percent completion of the various work tasks. The fees are as follows:
A. Topographic Survey............................................................................................... $4, 600.00
B.
On -Site Civil
Engineering (Base Services)---._--__-___._•._-------------_.,_._..-_-$14,200.00
C.
SWPPP
... ....... W.............. ........ $11500.00
D.
ADA Review
Fees...... ... k .... .... .kp.t+. .....
m ... 4-1-1.1 ... ...... w .... Ikpo ... W.. ............. & ... * $1,100.00
Additional services other than those outlined herein will also be accomplished on an hourly rate as listed
below. Items identified as additional services will be authorized in writing by the Client and confirmed by
OJT via a memorandum and a job initiation form. As a matter of convenience, we will also identify the job
number which will bear the expense of additional services so all accounting can be appropriately
identified. We consider design changes required by others than MJT after plans are significantly
complete to be additional services. Alterations and modifications required as a normal course of review
are considered part of this agreement.
Items scheduled as Not Included will be provided if requested by the Owner for the Additional Service Hourly
Fee Schedule as listed below:
Principle Engineer $185/hr
Project Manager $100/ hr
Project Engineer $125/ hr
Designer/ Engineer in Training $90/ hr
Cad Technician $70/ hr
Clerical $45/ hr
Preliminary Schedule
Carter North and South Park Parking/Paving Lot Improvements
1. Notice to Proceed November 30, 2009
2. Survey Start November 30 - December 23, 2009
3. Design/Preparation of Construction
Document/Cost Estimate
4. City Review
5. Revised City Comments
6. Bid Advertisement
7. Bid Opening
8. Construction Award
9. Construction Start (40 Working Days)
10. Construction Completion
December 28, 2009 -January 29, 2009
February 2010
February 21 - February 26, 2010
Early March 2010
Early April 2010
Early May 2010
May - July 2010
July 2010
ATTACHMENT D