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CIiY OF FORT WORTH, TEXAS ' �"��' —.— —1��
STANDARD AGREEMENI' FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Boydston
Designs, Inc.. (the "ENGINEER"), for a PROJECT generally described as:
Parking Renovations at Marine Park and Far Northside Community Center
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 damaqes caused the
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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 extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT.
If, for any reason, the ENGINEER should make an on-site observation(s), on
the basis of such on-site observations, if any, the ENGINEER shall endeavor
to keep the CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perForm the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and perFormance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
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
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conditions; time or quality of perFormance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
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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
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
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course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Empioyer'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
specifi�d 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
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
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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.
(fl 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.
M. Disclosure
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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.
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.
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.
B.
City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perForm, at no cost to the ENGINEER, such tests of equipment,�r�—achinery,
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pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
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H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services perFormed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
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
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in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for perFormance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
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;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services � ��
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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
officers, employees, agents, and subcontractors.
I. Jurisdiction
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The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and perFormance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. 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, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators less than
$50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will not
be subject to appeal or modification except to the extent permitted by Sections
10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
I;!
L.
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.
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 ma exist�or __
may be enacted later by governing bodies having jurisdiction o��,, �h ,r�t����or=: "��'�,
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such enactment. No plea of misunderstanding or ignorance �f ,� \, a%�� v,�,,,
considered. ENGINEER agrees to defend, indemnify and hold ha I��� LIT'1"�.°
and all of its officers, agents and employees from and again t�� ���i:rti�;or':.
liability arising out of the violation of any such order, law, �rr�aa�ce,- -o�
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This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or aral 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 Senrices
Attachment B — Compensation
�
Executed this the ;! day of .� e , 2006.
ATTEST:
CITY�F FORT WORTH
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� By'
Marly Hendrix Libby Watson � , �.� . , � r��, -t���„-� � {�,.
City Secretary Assistant City Manager �� , -
_��� �� G ���'�i�����,I��s�
�, - —
ATTEST:
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 14 of 14
APPROVAL RECOMMENDED
Randle Harwood, Acting Director
Parks and Community Services Department
c__.
Barney . oydstan, resident
Boydston Designs, Inc.
ENGINEER
By: � �-�
BOYDSTOM DESIGNS, INC.
zzz W. ���+ang� A�a., J� uite i o t
Fort N%orti�, �j7( 76106
�/oice: 817 626-7878 - �aau 81 y 626-7879
PROPOSAL
BDI No. 06022
September 28, 2006
Mr. Mike Ficke
Fort Worth Parks Department
1000 Throckmorton Street
Fort Worth, TX 76102
Reference: Professional Surveying and Engineering Services for
Far Northside Park, Fort Worth, TX.
Dear Mr. Ficke:
Boydston Designs, Inc. (BDI) is pleased to present this proposal for professional engineering and
surveying services for the reconstruction of the parking lot at the Far Northside Park in Fort Worth.
(See Exhibit "A") Our scope of services and fee schedule will be as follows:
A.
B.
PRELIMINARY DESIGN PHASE
Public Meetinqs.
BDI includes one public meeting in its scope of services.
2, Materials Selection and Cost Estimates
BDI will prepare a list of materials that are proposed for use on the project. Utilizing these
materials, an engineer's opinion of probable cost will be prepared for budgetary purposes.
SURVEY PHASE
BDI will arrange for the following professional survey services through a subconsultant.
Topoqraphic Survev
The surveyor will prepare a topographic survey of existing grades and surface features. In
addition, the surveyor will record surface features in the perimeter areas that may affect
drainage patterns. This additional area is limited to 30 feet outside the proposed paved
area and/or the middle of adjacent streets. If it is required to obtain survey information
outside those limits, the survey services will be charged at hourly rates. The surveyor will
set reference points for use in construction staking. The boundary will not be located or
staked. �.�_.�,�.�-(J � �^I (,�,,-
The surveyor will also show underground utilities as located by an undergroun
locating service. The surveyor cannot guarantee the accuracy or completeness
information.
� �i�'�,1�`':l '�''���`��''�''��''
Of q'f���+') ', � �' o% � t,�' ���°Y�
�,,: . .:'r � �'i.
'J U. ,. � ��j�,U',� s�~ y
ATTACH M E NT A
• Proposal
Fat Northside Park
September 28, 2006
Page 2
C. GEOTECHNICAL INVESTIGATION
Site Investiqation
The geotechnical engineer will take two borings of the site to determine subsurface
conditions prior to the demolition of the existing parking lot. The locations of the borings
shall be identified by the owner prior to boring the site. The borings will be 5 feet deep. It is
understood that the underground utilities are not the responsibility of the geotechnical
engineer.
2. Analvsis and Pavement Recommendations
The geotechnical engineer will use the information obtained from the site borings and will
make recommendations regarding the subgrade treatment and the pavement design.
D. DESIGN PHASE
BDI will provide design services as outlined.
1. Gradin
BDI will prepare grading plans for the site to determine finished grades in compliance with
the Americans with Disabilities Act (ADA) criteria. Generally, the minimum grade for the
pavement will be 1% where possible and in no case shall the grade be less than 0.5%. The
minimum grades for landscape areas will be 1%. In critical areas, ADA criteria will be
followed for maximum grades. In areas outside ADA consideration, the maximum grade for
the pavement areas will be 5% and the maximum grades for driveways will be 10%. If it
becomes necessary to use steeper grades, prior approval from the Parks Department will
be obtained.
Using these grades or those requested by the owner, any required retaining walls will be
identified with the top and bottom elevations. It is beyond the scope of this contract to
provide structural design of walls. The plans will require that the contractor, as a part of his
construction, provides design by a professional engineer. Sealed design drawings will be
submitted to this office for review prior to construction.
Control will be included for construction operations.
2. Storm Drain
It is anticipated that storm drain can be handled as surface flow. If it becomes necessary to
use an underground collection system, BDI will include storm drain plan and profile sheets
for that work.
3. Water
It is not anticipated that the water supply will be affected by this work. However, if the
owner requires relocation of ineters or service lines, review by the City will be required. If
BDI: Date:
Client: Date:
• Proposal
Fat Northside Park
September 28, 2006
Page 3
requested, this work will be performed as additional services or a quotation and prior
approval will be obtained before plan development.
4. Sanitarv Sewer
It is not anticipated that the sanitary sewer will be affected. If it becomes necessary to
relocate the sewer service, this work will be performed as additional services or a quotation
and prior approval will be obtained before plan development.
5. Street Liqht Lavout
BDI will design the new pavement to utilize the existing lighting system. The electrical
service for these lights may need to be relocated due to the changing grades. If relocation
is necessary, the new location will be shown on the plans produced by BDI.
6. Erosion Control Plan
BDI will include an erosion control plan. Although the disturbed area is less than one acre
and therefore is not under the jurisdiction of the Texas Commission for Environmental
Quality (TCEQ), the provisions for the erosion control will be followed. No communication
with the TCEQ is required or included.
7. Contract Documents
BDI will prepare plans and contract documents and deliver them to the Parks Department
for reproduction and distribution to the contractors.
BDI will hold a pre-bid conference to answer any questions that the contractors may have.
BDI will be responsible for meeting notes and BDI will issue addenda as necessary.
Addenda will be delivered by the City. The conference will be held at a City or Park facility.
BDI will assist the Parks Department in publicly advertising the project for receiving bids.
Bids will be received by the City and will be publicly opened and read out loud. The low
bidder will be selected to perfiorm the work.
The Parks Department will be responsible for completing the contract documents and
obtaining executed copies from the contractor.
BDI will attend a pre-construction conference to answer any questions and to authorize the
beginning of the construction. BDI will be responsible for meeting notes. All questions will
be answered in writing. The conference will be held at a City or Park facility.
BDI will review submitted shop drawings and structural drawings for retaining walls if
required. BDI will observe construction procedures and results, provide plan interpretation
for resolving field construction discrepancies or field design deficiencies. However, nothing
herein shall be interpreted to diminish the General Contractor Duties and Responsibilities
listed in the General Conditions.
BDI: Date:
Client: Date:
i a' �
• Proposal
Fat Northside Park
September 28, 2006
Page 4
8. Texas Department of Licensinq and Requlation Review and Inspection-
BDI will submit plans for review at the Texas Department of Licensing and Regulation
(TDLR) and will call for post construction inspection. The fees for this review and inspection
are included in BDI's fees.
9. Finallnspection
BDI will prepare a punch list of final items to be performed prior to acceptance. Once the
punch list items are performed, BDI will perform a final inspection and will contact the TDLR
for their final inspection.
E. SCHEDULE
It is anticipated that the survey will require approximately finro weeks.
It is anticipated that the geotechnical investigation can occur in the same time frame as the
survey operations.
Plan productions will require approximately two weeks to substantially complete. At that time,
the plans will be submitted to the TDLR. Their review time is beyond the control of BDI.
The following is a partial list of services that may be required but are not included in the scope of this
contract:
■ Master Sanitary Sewer Study
■ Construction Staking
■ Erosion Control Inspection and Reporting
■ Structural Design of Walls of any type
■ Zoning Applications or Variances
■ Inspection Services
■ Master Water Study
■ Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) associated with
flood studies and flood plain reclamation.
■ Survey services other than those listed
■ Design services outside the proposed area of improvements as shown on Exhibit "A"
■ Traffic studies or Traffic Impact Analysis (TIA)
■ Landscape or Irrigation
BDI: Date:
Client: Date:
6
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— ►3
• Proposal
Fat Northside Park
September 28, 2006
Page 5
F. Pavment
1. Survey Services------•----------------------------------------------- $ 3,300.00
2. Geotechnical Services_____________________________________________ � 2,200.00
3. Preliminary Design-------------------------------------------------- � 2,500.00
4. Final Design----------------------------------------------------------- $ 8,700.00
5. Final Inspection------------------------------------------------------- 2 400.00
Total Design Fees: $19,100.00
BDI will submit invoices by the tenth of the month. Invoices are due on receipt.
Additional services, if required, will also be accomplished at hourly rates or lump sum, whichever is
deemed to be most appropriate. Items identified as additional services will be authorized either verbally or
in writing by the Owner and confirmed by BDI via a memorandum. 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 BDI 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.
We are excited to have the opportunity to serve you and are proud to be a part of your design team. If
you have any questions or concerns, or if we can be of further assistance, please call.
This proposal shall become a binding contract by signing and returning one copy to BDI.
Respectfully submitted, Approved & Accepted:
Digitally signed by Barney C.
���(�l � Boydston City of Fort Worth Parks Department
� ��j V�. DN: cn=Bamey C. Boydston,
J c=US, o=Boydston Designs, Inc.,
B oyd sto n Reason! Proposal Subm �bdi-
Date: 2006.09.28 14:47:43 -05'00'
Barney C. Boydston BY� —
President- Boydston Designs, Inc.
222 W. Exchange Ave., Suite 101 Name:
Fort Worth, TX 76106
BCB/mc
Title:
T:�2006\06022 Far Northside Park\Correspondence\to City�06022_PropLtr_MFicke_092806_bcb.doc
Date:
Enclosures
BDI: Date: �, � 01��,:,�;;� �
j�,
���-�lr�� J.���lJti �::�'
� r• � � G, p � l� �u
���'� �.��������?�
Client: Date: �,.,:,;.�,�,r �;� '
, a'�r -%����i � �. , � ii . . �
ATTACHMENT B
BOY�STON DESIGNS, INC.
iz2 W. �cCl,a�ga q�e., Su�ta � o �
�o►t V1lort{,, lX 76 t o6
�/oice: 817 626-7878 - Fa�u 8 1 7 626-7879
PROPOSAL
BDI No. 06023
September 28, 2006
Mr. Mike Ficke
Fort Worth Parks Department
1000 Throckmorton Street
Fort Worth, TX 76102
Reference: Professional Surveying and Engineering Services for
Marine Park, Fort Worth, TX.
Dear Mr. Ficke:
Boydston Designs, Inc. (BDI) is pleased to present this proposal for professional engineering
and surveying services for the reconstruction of the parking lot at the Marine Park in Fort
Worth (See Exhibit "A"). This proposal is valid only if it is accepted in conjunction with
the Far Northside Park proposal. Our scope of services and fee schedule will be as
follows:
A. PRELIMINARY DESIGN PHASE
Parkinq Lot Layout
BDI will prepare two layouts to expand parking in the area of the existing parking
lot. The preliminary layouts will be submitted for consideration. The Parks
Department will select the layout that will be used to complete the design.
B. SURVEY PHASE
BDI will arrange for the following professional survey services through a subconsultant.
Topoqraphic Survev
The surveyor will prepare a topographic survey of existing grades and surface
features. In addition, the surveyor will record surface features in the perimeter
areas that may affect drainage patterns. This additional area is limited to 30 feet
outside the proposed paved area and/or the middle of adjacent streets. If it is
required to obtain survey information outside those limits, the survey services will
be charged at hourly rates. The surveyor will set reference points for use in
construction staking. The boundary will not be located or staked.
ATTACH M ENT A
• Proposal
Marine Park
September 28, 2006
Page 2
The surveyor will also show underground utilities as located by an underground
utility locating service. The surveyor cannot guarantee the accuracy or
completeness of this information.
C. GEOTECHNICAL INVESTIGATION
A geotechnical investigation will not be performed for this site.
D. DESIGN PHASE
BDI will provide design services as outlined.
Gradin
BDI will prepare grading plans for the site to determine finished grades in
compliance with the Americans with Disabilities Act (ADA) criteria. Generally, the
minimum grade for the pavement will be 1% where possible and in no case shall
the grade be less than 0.5%. The minimum grades for landscape areas will be
1%. In critical areas, ADA criteria will be followed for maximum grades. In areas
outside ADA consideration, the maximum grade for the pavement areas will be 5%
and the maximum grades for driveways will be 10%. If it becomes necessary to
use steeper grades, prior approval from the Parks Department will be obtained.
Using these grades or those requested by the owner, any required retaining walls
will be identified with the top and bottom elevations. It is beyond the scope of this
contract to provide structural design of walls. The plans will require that the
contractor, as a part of his construction, provides design by a professional
engineer. Sealed design drawings will be submitted to this office for review prior to
construction.
Control will be included for construction operations.
2. Storm Drain
It is anticipated that storm drain can be handled as surface flow. Therefore, storm
drain design is not included.
Water
It is not anticipated that the water supply will be affected by this work, and design of
water service improvements is not included.
4. Sanitarv Sewer
It is not anticipated that the sanitary sewer will be affected, and design of sanitary
sewer improvements is not included.
BDI: Date:
Client: Date:
• Proposal
Marine Park
September 28, 2006
Page 3
5. Street Liqht Lavout
BDI will design the new pavement to utilize the existing lighting system. The
electrical service for these lights may need to be relocated due to the changing
grades. If relocation is necessary, the new location will be shown on the plans
produced by BDI.
6. Erosion Control Plan
BDI will include an erosion control plan. Although the disturbed area is less than
one acre and therefore is not under the jurisdiction of the Texas Commission for
Environmental Quality (TCEQ), the provisions for the erosion control will be
followed. No communication with the TCEQ is required or included.
7. Contract Documents
BDI will prepare plans and contract documents and deliver them to the Parks
Department for reproduction and distribution to the contractors.
BDI will attend a pre-bid conference to answer any questions that the contractors
may have. BDI will be responsible for meeting notes and BDI will issue addenda
as necessary. Addenda will be delivered by the City. The conference will be held
at a City or Park facility.
BDI will assist the Parks Department in publicly advertising the project for receiving
bids. Bids will be received by the City and will be publicly opened and read out
loud. The low bidder will be selected to perForm the work.
The Parks Department will be responsible for completing the contract documents
and obtaining executed copies from the contractor.
BDI will attend a pre-construction conference to answer any questions and to
authorize the beginning of the construction. BDI will be responsible for meeting
notes. All questions will be answered in writing. The conference will be held at a
City or Park facility.
BDI will review submitted shop drawings and structural drawings for retaining walls
if required. BDI will observe construction procedures and results; provide plan
interpretation for resolving field construction discrepancies or field design
deficiencies. However, nothing herein shall be interpreted to diminish the General
Contractor Duties and Responsibilities listed in the General Conditions.
Texas Department of Licensinq and Requlation Review and Inspection-
BDI will submit plans for review at the Texas Department of Licensing and
Regulation (TDLR) and will call for post construction inspection. The fees for this
review and inspection are included in BDI's fees.
BDI: Date:
Date: �f�����Gz1 �:'��'���.C' �
Client: �, ��;o ir n �;, ,;
� lr `�������;,����
�i���� ,U,�7 �
r�:"JU°:�7�� tl�aL�
• Proposal
Marine Park
September 28, 2006
Page 4
9. Finallnspection
BDI will prepare a punch list of final items to be performed prior to acceptance.
Once the punch list items are performed, BDI will perform a final inspection and will
contact the TDLR for their final inspection.
E. SCHEDULE
It is anticipated that the survey will require approximately iwo weeks.
Plan productions will require approximately two weeks to substantially complete. At that
time, the plans will be submitted to the TDLR. Their review time is beyond the control of
BDI.
The following is a partial list of services that may be required but are not included in the scope
of this contract:
■ Master Sanitary Sewer Study
■ Construction Staking
■ Erosion Control Inspection and Reporting
■ Structural Design of Walls of any type
■ Zoning Applications or Variances
■ Inspection Services
■ Master Water Study
■ Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR)
associated with flood studies and flood plain reclamation.
■ Survey services other than those listed
■ Design services outside the proposed area of improvements as shown on Exhibit "A"
■ Traffic studies or Traffic Impact Analysis (TIA)
■ Landscape or Irrigation
BDI: Date:
Client: Date:
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• Proposal
Marine Park
September 28, 2006
Page 5
F. Payment
1. Survey Services,____
2. Preliminary Design.
4. Final Design_________.
5. Final Inspection,.___.
Total Design Fees:
_ $ 2,000.00
$ 950.00
$ 1,700.00
$ 1.200.00
$ 5,850.00
BDI will submit invoices by the tenth of the month. Invoices are due on receipt.
Additional services, if required, will also be accomplished at hourly rates or lump sum, whichever
is deemed to be most appropriate. Items identified as additional services will be authorized either
verbally or in writing by the Owner and confirmed by BDI via a memorandum. 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 BDI 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.
We are excited to have the opportunity to serve you and are proud to be a part of your design
team. if you have any questions or concerns, or if we can be of further assistance, please
call.
This proposal shall become a binding contract by signing and returning one copy to BDI.
RespectFully submitted,
Digitally signed by Barney C.
��n � " BoYdston
� .��DN: cn=Barney C. Boydston,
c=US, o=Boydston Designs, Inc.,
Boydston ou=President,email=bcb@bdi-
eng.com
Reason: Proposal Submittal
Date: 2006.0928 17:09:41 -05'00'
Barney C. Boydston
President- Boydston Designs, Inc.
222 W. Exchange Ave., Suite 101
Fort Worth, TX 76106
BCB/mc
T:�2006\06023 Marine Park\06023_PropLtr_MFicke_083106_bcb.doc
Enclosures
Approved & Accepted:
City of Fort Worth Parks Department
BDI: Date:
Client: Date:
ATTACH M E NT B