HomeMy WebLinkAboutContract 40301CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City
corporation situated in Tarrant, Denton, Parker and
MJ Thomas Engineering LLC, (the "ENGINEER"),
Quanah Parker Park Improvements Phase II.
Article I
Scope of Services
of Fort Worth, a home -rule municipal
Wise Counties, Texas (the "CITY"), and
for a PROJECT generally described as:
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment S.
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 wn 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
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OS-09-10 A10:08
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 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.
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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
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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 I 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/VUBE) 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
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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.
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i. 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.
i. 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,
officersI directors and employees for 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
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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) 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.
i. The CITY shall be entitled, upon its request and without incurring expense,
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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.
j. 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.
I. 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.
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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 C 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.
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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 C.
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 claim arising out of, in connection
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with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
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Article VI
General Legal Provisions
Amendments to Article A 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
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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.
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J. 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.F., 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.
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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
Attachment D - Project Schedule
Executed this the day of 2010.
ATTEST:
Marty Hendrix
City Secretary
API�RQVED AS T,P�FORM AND LEGALITY
CITY OF FORT WORTH
Assistant City Manager
i and Zavala,
Di ector, Parks and
De
artment
MJ THOI�IAS EN�IE
nt City Attorney PO(chael ,
Pricp nial
ATTEST:
By:
City of Fort Worth, Texas
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Thomas,
Community
Services
ING
OFFl�I��. F?�COR9
MJT No. 506-006
May 6, 2010
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
Quanah Park Improvements - Phase II
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 the below City criteria per the request for fee proposal from the Parks and Community Services
Department to improve the existing Quanah Park. The breakdown of services to be provided for this project are
as follows:
CITY SCOPE
Quanah Park
1. Asses existing road/parking condition; isolate subgrade condition and determine and
recommend extent and method of repair (not full rehab.)
2. Erosion control treatment adjacent to the north side road to prevent further erosion migration to
the road edge.
3. Incorporate more benches along the trail to Oakland-approx. 100' spacing.
4. Installation of solar lighting along trail. PACS will provide product material for incorporation into
design and specification development.
5. Trail extension along the base of Randoll Mill ROW along the south side of the wetland area.
The width thickness and concrete compressive strength of the trail shall match existing trail.
A. SURVEYING
1. Topographic Survey
MJT's sub -consultant will perform the necessary fieldwork to prepare a topographic map
of the park site for use in the design of all site improvements described herein. MJT's
sub -consultant will provide horizontal locations of the edge of road and 3-5 locations of
potholes in the existing road to be repaired. A detailed survey of the most westerly
eroded bar ditch on the north side of the road and limited topo of the culvert on the
northeast side of the road will be provided. MJT's Surveyor will horizontally locate the
existing sidewalks in the park. MJT's surveyor will also provide a detailed survey along
the tree line north of Randol Mill Road along the toe of slope. See below area
descriptions and exhibit map. MJT anticipates this work will take 34 weeks to complete after
receiving a notice to proceed.
3400 Fiulen Street, Suite 100 P: (817)732-9839
Fort Worth, Texas 76107 F: (817)732-9841
Registration #F-9435
Proposal for Professional On -Site Engineering,
Construction Administration and Surveying Services
Quanah Park Improvements - Phase II
Fort Worth, Texas
May 6, 2010
Area 1
MJT's surveyor will locate horizontally the portion of the park road that is in need of repair
(approximately 800 LF).
The survey shall include the following items.
1. Relate survey to North Central Zone NAD 83 coordinate system.
2. Locate edge of asphalt paving.
3. Outline potholes.
4. Locate culvert.
Area 2
MJT's surveyor will locate horizontally the existing sidewalk and benches around the park area,
the sidewalk along Randol Mill Road from the park area, West to the U and around the U to the
intersection of the Electric high lines.
The survey shall include the following items
1. Relate survey to North Central Zone NAD 83 coordinate system.
2. Locate Points of curve, points on curve and points of tangent of one side of side
walk.
3. Measure width of sidewalk.
Area 3
MJT's surveyor will prepare a topographic survey adjacent to Randol Mill Road from the tree line
to the toe of slope, beginning at the U in the sidewalk West of the park area to the intersection of
the existing sidewalk and high lines.
The survey shall include the following items.
1. Vertical datum related to City of Fort Worth data.
2. All visible utilities will be located horizontally and vertically with spot elevations
shown of all tops and inverts of all manholes, junction boxes, etc, with size and
type of pipes, if can be determined.
3. Contact underground utility locate company and show the horizontal location of
utilities as pinned by the company.
4. Locate all visible improvements including building, (material, finish floor elevation
and number of floors) sidewalks, parking lots, number of parking spaces, curb
lines, trees etc.
5. Elevations shot on approximately a 50' grid with grade breaks to produce a
topographic survey with one foot contours.
6. Provide at least 2 on site benchmarks
7. Provide digital and hard copies of survey.
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:
1. There will be no requirements for off -site drainage easement acquisition or grade -to
Arain permission.
2. Construction staking will be considered as additional services.
MJ Thomas Engineering, LLC.
Page 2 of 5
Proposal for Professional On -Site Engineering,
Construction Administration and Surveying Services
Quanah Park Improvements - Phase II
Fort Worth, Texas
May 61 2010
B. ON -SITE CIVIL ENGINEERING
1. Site/Dimensional Control Plan
MJT will prepare a site dimensional control plans for the site to locate pothole repair locations,
paving and appurtenances for the lot from known points on the 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.
2. On -Site Grading/Drainage Plan
MJT will design and prepare the required grading plan for the sidewalk along Randol Mill Road
and the bar ditch area along the park main entrance. MJT will prepare Grading Plans for these
areas to assure positive surface. The Civil Drawings are to include spot elevations and
finished grade contours. Areas along the road for pothole patching and areas to receive new
benches will be identified to the Contractor to construct by maximum grades. Detailed grading
for those areas will not be provided under this contract. 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.
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. On -Site Paving Plans
MJT will prepare and provide paving details for the proposed paving replacement areas and
sidewalks. 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.
4. Contract Documents
MJT will create a contract book for bidding purposes using City specification sections related to
the site work for use in the publication of the project manual for the construction of the facilities.
MJT will provide construction plans/bid documents to Parks and Community Services for
distribution.
5. Plan Review Submittals
MJT shall submit 60%, 90% plan set for review and 100%for City of Fort Worth�l"DLR review.
6. Schedule
MJT shall submit a schedule in electronic format, Microsoft or Primavera, to include all
milestones and total agreement time of working days after receipt of notice to proceed.
MJ Thomas Engineering, LLC.
Page 3 of 5
Proposal for Professional On -Site Engineering,
Construction Administration and Surveying Services
Ouanah Park Improvements - Phase II
Fort Worth, Texas
May 6, 2010
C. STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
MJT will prepare a Storm Water Pollution Prevention Plan (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 Owner's 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.
D. 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.
d. Specific materials to be used on these projects (lighting, irrigation, and amenities) will be
made available by City of Fort Worth during initial project meeting.
e. All plans shall include topographic layout at a scale suitable fora 24"x36" sheet format.
f. MJT will require the Contractor as part of the contract, to furnish and certify to the Owner
an "As -Built" survey for the areas of construction. MJT will use this information to provide
the "As -Built" plans required by the City.
g. Electronic access for placement of construction documents shall be made available on
the City's Buzzsaw website. Parks and Community Services will provide instructions to
MJT on the City's procedure/Buzzsaw access.
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 or Final Platting
■ Off -site Plans
■ Boundary Survey
■ Tree Survey
■ ALTA
■ Easements by separate instrument.
■ FEMA Floodplain Amendments.
■ FEMA (Post Construction) Topographic Maps.
■ Construction Materials Testing
■ Environmental Services —Environmental services are not included in this proposal. If
desired, these services can be performed though a sub -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
MJ Thomas Engineering, LLC.
Page4of5
Proposal for Professional On -Site Engineering,
Construction Administration and Surveying Services
Quanah Park Improvements - Phase II
Fort Worth, Texas
May 6, 2010
■ Zoning change requests
■ Retaining wall design, unless it is design build.
■ , directives, conceptual or final
studies, drawings, specifications or other documents after same have been previously
Re-desinre-study and/or revisions to recommended
g
approved by the City.
■ Assistance as a consultant or expert witness
parties arising from this project.
■ Water and sanitary sewer design.
■ Lift Station Design
■ Storm Sewer and Drainage Design
■ Flood Studies and Permits
■ Wetland Permits and Studies
■ Construction staking.
■ All other items except as specifically listed.
in
any discussions or litigation with third
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
Engineer's estimate of percent completion of the various work tasks. The fees are as follows:
A.
L
C.
TopographicSurvey............................................................................................... $4,500.00
On -Site Civil Engineering (Base Services)
--•--•...,•._-_______••______________________••__$13,500.00
ADA Review and Handling Fees........................................................................... $11000.00
Proposal Amount Total..................................................................................................... $20,500.00
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
MJT 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
reconsidered 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 P125/ hr
Designer/ Engineer in Training $90/ hr
Cad Technician $70/ hr
Clerical $45/ hr
506-006_Prop_Civil and Survey_KSims_10-0506_AS
ATTACHMENT B
MJ Thomas Engineering, LLC.
Page 5 of 5
NCTCOG
http://www.dfwmaps.com/print.asp?t,ayers=on&AERLA-L07=on
Survey Exhibit
Area .i :
limits to locate edges of
road and outlines of
potholes - horizontal onl
Area 2:
locate center line
sidewalks horizontally
only
Area 3:
limits of horizontal
and vertical topo
DISCLAIMER N
NCTCOG Ma $ This data has been compiled for NCTCOG. Various
p official and unofficial sources were used to gather this
WVW1/. dfwma S. COm information. Every effort was made to ensure the
p accuracy of this data, however, no guarantee is given or
implied as to the accuracy of said data.
1 of 1 5/7/2010 11:42 AM
PRELIMINARY SCHEDULE
QUANAH PARKER PARK PHASE II PAVING IMPROVEMENTS
1.
Issuance of Notice to Proceed (86 CD)
June 7, 2010
2.
Survey (31 CD)
June 8 — July 8, 2010
3.
Civil (SS CD)
60% Submittal Review
90% Submittal /City Review
Review/Revisions/Final Set
July 9, - September 1, 2010
July 9 — 31, 2010
August 1 — September 1, 2010
September 1 — 13, 2010
4.
Bid Advertisement Ist
September 16, 2010
5.
Bid Advertisement 2°
September 23, 2010
6.
Pre -Bid
September 23, 2010
7.
Bid Opening
October 14,2010
8.
M&C and Construction Award
November 30, 2010
9.
Construction Start (40WD)
January 17, 2011
10.
Completion
March 11, 2011