HomeMy WebLinkAboutContract 45790 CITY SECRETARy
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY'), and Goodwin and Marshall, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Forest Park
Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER's compensation shall be in the amount of $98,500.00 as
set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article 1, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
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RECEIVED JUL 2 8 2014
(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. 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 CI '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 no ally 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.
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary signifi cantly 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 mylar sheets and electronic files in pdf format, or as
otherwise approved by CITY, which shall become the property of the Cl
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
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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
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 CI '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
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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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. 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
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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.
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
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acceptable.,
i. ENGINEER waives all rights against the CITY and its agents,
offi cers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees 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 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.
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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. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Th rockmorton, 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, to review the ENGINE 's insurance policies including
endorsements thereto and, at the CI '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 modifi cation 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.
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m. Sub consultants and subcontractors /oft 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
certifi cate 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.
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
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amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
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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 D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINES '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 CI '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 it 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 ENG INS ER'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 ME. 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
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no direct, action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries,
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.,
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
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 VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
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b.) Out-of-pocket expenses for purchasing electronic data it and other
data storage supplies or services-,
C.) The time requirements for the ENGINEER'S personnel to document
the 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 ENGINE '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.
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I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. 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., I.B., VI.D., I.F.,
VI.H., and VI. . 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.
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 C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
City of Fort Worth,Texas
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Attachment E ® Location Map
Executed and effective this the 15th day of July, 2014.
BY: :
CITY OF FORT WORTH ENGINEER
Goodwin & Marshall, Inc.
S sa Alanis Edward Ec art
Assistant City Manager Officer
Dater Date-....—
APPROVAL RECOMMENDED;
By:
Ri and Zavala
Dir tor, Parks and Community
Services Department
APPROVED AS TO FORM AND M&C No.: 2 6
LEGALITY
M&C Date: W.. .. ..
Y:
Douglas W. Black
Assistant City Attorney
ATTEST;
n�
Mary J. er
City Secretary OFFICIAL RECORD
° :. ..�
SECRETARY CITY
'Y.WORT11,
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
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ATTACHMENT A
GOODWIN2
ARSHALLY CIVIL ENGINEERS— PLANNERS—SURVEYORS
June 3,2014
Mr.Joel McElhany
Senior Landscape Architect
Parks and Community Services Department
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth,TX 76115-1499
Re: Proposal for Professional Services the Final Design of Various Improvements Associated
with Forest Park,Located in the City of Fort Worth,Texas
Dear Mr. McElhany:
We at Goodwin and Marshall,Inc.(G&M)sincerely appreciate the opportunity to provide you with
professional services on the above referenced project. G&M previously prepared preliminary
information relative to various improvements located in the vicinity of Forest Park. Upon review
of this info rtnation,the City of Fort Worth has requested that G&M prepare plans and specifications
associated with(1)Park Place Drive,including the relocation of the west curb,the construction of
a sidewalk, and the placement of pavement markings; (2) Colonial Parkway, repaving from
University,Avenue t o t he new paving at the zoo parking lot including the existing vehicular creek
crossing,construction of a City hike and bike trail,a pedestrian bridge,and the removal of sidewalk;
and (3) the replacement of six existing parking lots. Pursuant to standard civil engineering
procedure, n o s tructural engineering design will be prepared by G&M. The location of the
improvements discussed herein are attached as Exhibit"A"to this scope of services. Based on our
understanding, the following represents the scope of basic services that we believe necessary to
successfully complete the requested program of work:
SCOPE OF BASIC SERVICES
1. Unit 1: Park Place Drive Improvements
a. Topographic Design Survey-G&M will prepare a topographic design survey for Park
Place Drive sufficient to design the proposed improvements. The design survey will
be performed under the direct supervision of a Registered Professional Land Surveyor
licensed to practice in the to of Texas. The design survey will be for the purpose
of preparing the engineering construction plans,and will identify sanitary sewer lines
and manholes, water lines, storm drain facilities,paving elevation and existing back
of curbs, driveways, etc.
2405 MUSTANr. DRIVE/GRAPEVINE,TX 76051 /817-329-4373/817-329-4453 (FAX)
6909 W RAY ROAD,#15/CHANDLER,AZ 85226/602-218-7285/480-344-3466(FAX)
Mr. Joel McElhaney, City of Fort Worth
Forest Park Final Design Services
June 3, 2014
Page 2 of 7
b. Geotechnical Services - G&M will subcontract with a geotechnical consultant
acceptable to the City of Fort Worth for paving and subgrade recommendations.
G&M will use these recommendations for the preparation of the construction plans.
C. Park Place Drive Paving Improvements-G&M will prepare plans and specifications
for paving,grading,and drainage improvements associated with the relocation of the
west curb of Park Place Drive to reduce the width of the roadway from 35-feet to 30-
feet and construct a pedestrian sidewalk along the west side of Park Place Drive
adjacent to the road. The roadway improvements will affect approximately 1,450
linear feet of the roadway. The proposed sidewalk plans will include approximately
570 linear feet of four-foot sidewalk and 840 linear feet of six-foot sidewalk. No
improvements are proposed for the eastern portion of Park Place Drive from Forest
Park Boulevard west that is currently less than 35 feet in width. The paving plan
shall be a horizontal layout suitable for construction staking prepared in accordance
with the recommendations of the project geotechnical consultant or as specified by
City of Fort Worth standard specifications. The plans will also address the relocation
of the existing fence and the placement of trash receptacles, along with required
pavement markings and ADA accessibility ramps. G&M will submit the design
information to the City of Fort Worth and provide technical support to facilitate
acceptance of the plans.
d. Construction Support Services - Upon acceptance of the construction plans by the
City of Fort Worth,G&M will perform the following services during the construction
phase of the project:
• Issuance of bidding documents in .dwf and .pdf formats for posting on the City of
Fort Worth's Purchasing website;
• Attendance at pre-bid and pre-construction meetings
• Periodic inspections when requested by the City to ensure general conformance with
the design documents prepared by G&M;
• Participation in the final inspection and preparation of punchlist items;
• Review pay requests and change orders if necessary;
• Review and respond to RFIs;
• Preparation of required TDLR paperwork and coordinate review and inspection with
TDLR;
• Review lab reports; and
• Preparation of"as-built"plans based on information provided by the contractor for
the City of Fort Worth.
I
Mr. Joel McElhaney, City of Fort Worth
Forest Park Final Design Services
June 3, 2014
Page 3 of 7
2. Unit 2: Colonial Parkway Improvements
a. Topographic Design Survey - G&M will prepare a topographic design survey for
Colonial Parkway sufficient to design the proposed improvements. The design survey
will be performed under the direct supervision of a Registered Professional Land
Surveyor licensed to practice in the State of Texas. The design survey will be for the
purpose of preparing the engineering construction plans, and will identify sanitary
sewer lines and manholes, water lines, storm drain facilities, paving elevation and
existing back of curbs, driveways, etc.
b. Geotechnical Services - G&M will subcontract with a geotechnical consultant
acceptable to the City of Fort Worth for paving, subgrade, and pedestrian bridge
abutments recommendations. These recommendations will be used in the
preparation of the construction plans.
C. Colonial Parkway Improvement Plans - G&M will prepare construction plans and
specifications for repaving Colonial Parkway from University Avenue to the new
paving at the zoo parking lot, a distance of approximately 2,600 linear feet and
improvements to the Colonial Parkway bridge that will include removal of the
existing sidewalk on the north side of Colonial Parkway from the bridge west to the
first driveway and reconstruction of the asphalt roadway across the existing bridge
to allow a full-width 33-foot wide road striped for three lanes. The paving plan shall
be a horizontal layout suitable for construction staking prepared in accordance with
the recommendations of the project geotechnical consultant or as specified by City
of Fort Worth standard specifications. This item includes striping plans associated
with these improvements. G&M will submit the design information to the City of
Fort Worth and provide technical support to facilitate acceptance of the plans.
d. Colonial Parkway Trail Plans - G&M will prepare construction plans and
specifications for concrete paving, grading,and drainage improvements associated
with the extension of a 10-foot wide hike and bike trail along the south side of the
existing Colonial Parkway roadway bridge for a distance of approximately 300 linear
feet(exclusive of the pedestrian bridge). The paving plan shall be a horizontal layout
suitable for construction staking prepared in accordance with the recommendations
of the project geotechnical consultant or as specified by City of Fort Worth standard
specifications. The plans will include the required crosswalk pavement markings
and four ADA accessibility ramps G&M will submit the design information to the
City of Fort Worth and provide technical support to facilitate acceptance of the plans.
e. Colonial Parkway Pedestrian Bridge Plans-G&M will subcontract with a structural
engineer acceptable to the City of Fort Worth for the preparation of plans and
specifications for the bridge abutments associated with the construction of a 61-foot
Mr. Joel McElhaney, City of Fort Worth
Forest Park Final Design Services
June 3, 2014
Page 4 of 7
long by 12-foot wide pedestrian bridge along the south side of Colonial Parkway that
will allow for a 10-foot wide hike and bike trail. G&M will submit the design
information to the City of Fort Worth and provide technical support to facilitate
acceptance of the plans. It is currently anticipated that the bridge will be pre-
fabricated and installed under the contract for the trail and road improvements.
f. Construction Support Services - Upon acceptance of the construction plans by the
City of Fort Worth,G&M will perform the following services during the construction
phase of the project:
• Issuance of bidding documents in Awf and .pdf formats for posting on the City of
Fort Worth's Purchasing website;
• Attendance at pre-bid and pre-construction meetings
• Periodic inspections when requested by the City to ensure general conformance with
the design documents prepared by G&M;
• Participation in the final inspection and preparation of punchlist items;
• Review pay requests and change orders if necessary;
• Review and respond to RFIs;
• Preparation of required TDLR paperwork and coordinate review and inspection with
TDLR;
• Review lab reports; and
• Preparation of"as-built"plans based on information provided by the contractor for
the City of Fort Worth.
3. Unit 3: Parking Lots
a. Topographic Design Survey-G&M will prepare a topographic design survey for the
six parking lots sufficient to design the proposed improvements. The design survey
will be performed under the direct supervision of a Registered Professional Land
Surveyor licensed to practice in the State of Texas. The design survey will be for the
purpose of preparing the engineering construction plans, and will identify sanitary
sewer lines and manholes, water lines, storm drain facilities, paving elevation and
existing back of curbs, driveways, etc.
b. Parking Lot Improvement Plans - G&M will prepare construction plans and
specifications for concrete paving, grading, and drainage improvements associated
with six parking lots identified on Exhibit"A". The paving plan shall be a horizontal
layout suitable for construction staking prepared in accordance with the
recommendations of the project geotechnical consultant or as specified by City of
Fort Worth standard specifications. The plans will also include striping plans for the
parking lots. G&M will submit the design information to the City of Fort Worth and
provide technical support to facilitate acceptance of the plans.
Mr. Joel McElhaney, City of Fort Worth
Forest Park Final Design Services
J 3, 2014
Page 5 of 7
C. Construction Support Services - Upon acceptance of the construction plans by the
Cityof FortWorth,G&M will perform the following services during the construction
phase of the project:
• Issuance of bidding documents in dwf and pdf formats for posting on the City of
Fort Worth's Purchasing website;
• Attendance at pre-bid and pre-construction meetings
• Periodic inspections when requested by the City to ensure general conformance with
the design documents prepared by G&M;
• Participation in the fi nal inspection,and preparation of punchlist items;
• Review pay requests and change orders if necessary;
• Review and respond to R.Fls;
• Preparation of required TDLR paperwork and coordinate review and inspection with
TDLR, if required;
• Review lab reports; and
• Preparation of"as-built"plans based on information provided by the contractor for
the City of Fort Worth.
COMPENSATION
Unit 1: Park Place Drive
a. Topographic Design Survey-G&M will prepare the topographic survey for a lump
sum fee of$2,900 payable upon completion.
b. Geotechnical Services-G&M will perform the services as described for a lump sum
fee of$1,900 payable upon completion.
C. Park Place Drive Paving Improvements - G&M will perform the services as
described for a lump sum fee of$17,800 payable monthly based on an estimated
percentage of completion.
d. Construction Support Services - G&M will perfbrm these services on a time and
materials basis for a fee not to exceed$5,500 payable monthly.
2. Unit 2: Colonial Parkway
a. Topographic Design Survey-G&M will prepare the topographic survey for a lump
sum fee of$5,100 payable upon completion.
....... .......................................
Mr.Joel McElhaney, City ofFort Worth
Forest Park Final Design Services
June 3, 2014
Page 6 of 7
b. Geotechnical Services-G&M will perform the services as described for a lump sum
fee of$2,800 payable upon completion.
C. Colonial Parkway.Improvement Plans-G&M will perform,the services as described
for a lump sum fee of$19,800 payable monthly based on an estimated percentage of
completion.
d. Colonial Parkway Trail Plans - G&M will perform the services as described for a
lump sum fee of $2,900 payable monthly based on an estimated percentage of
completion,
e. Colonial Parkway Pedestrian Bridge Plans - G&M will perform the services as
described for a lump sum fee of$7,800 payable monthly based on an estimated
percentage of completion.
f. Construction Support Services - G&M will perform these services on a time and
materials basis for a fee not to exceed$6,500 payable monthly.
3. Unit 3: Parking Lots
a. Topogra phis Design Survey-G&M will prepare the topographic survey for a lump
sum fee of$6,300 payable upon completion.
b. Parking Lot Improvements Plans- G&M will perform the services as described for
a lump sum fee of$13,700 payable monthly based on an estimated percentage of
completion,
C. Construction Support Services - G&M will perform these services on a time and
materials basis for a fee not to exceed$5,500 payable monthly.
TOTAL FEE: V&LO-0-00
TOTAL SERVICES PERFORMED BY SBE, DBE,MBE, or WBE Firms: 14 3$0.00
PERCENT OF SERVICES PERFORMED BY SBE,DBE, MBE, or WBE Firms —19.7%
It is our understanding that the City of Fort Worth SBE goal for this project is 17%.
It is the intention of Goodwin and Marshall,Inc.that all reasonable costs for reproduction,mileage,
etc. are included in the costs shown above. No work that is intended to be invoiced as a Special
Service will be performed without prior approval by the Owner.
Mr. Joel McElhaney, City of Fort Worth
Forest Park Final Design Services
June 3, 2014
Page 7 of 7
It is assumed that the general contractor will be responsible for the preparation and monitoring of
the Stormwater Pollution Prevention Plan (SWPPP) and for all inspection services.
Please review the terms of this proposal,including the General Conditions of Agreement,carefully.
If you are in agreement, please sign and return a copy to this office for our records. Your signature
will serve as our authorization to proceed. We at Goodwin and Marshall,Inc, sincerely appreciate
the opportunity to provide you with these professional services. If you have any questions regarding
this proposal, please feel free to call.
Sincerely,
Goodwin and Marshall, Inc.
Edward W. Eckart, P.E.
Officer
ATTACHMENT B
COMPENSATION
Project Number/Name
02088/Forest Park Improvements
Firm Primary Responsibility Fee Amount %
Prime Consultant
Goodwin Marshall, Inc. Engineering, CAD $ 79,120.00 80%
SUB TOTAL $ 79,120.00 80%
Proposed SBE Sub-Consultants
AG&E Structural Engenuity Structural Engineering $ 6,500.00
ANA Consultants, Inc. Topographic Survey $ 12,880.00 20%
SUB TOTAL $ 19,380.00 20%
TOTAL 99,500.06 '100%
.............
ATTACHMENT C
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
Amendments to the Standard Agreement are shown by strike-thru/underlined insertion
format within the body of the Agreement.
City of Fort Wotth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/15/2014
q o I I IN o I o NN Nm o I I—oll-
DATE: Tuesday, July 15, 2014 REFERENCE NO.: **C-26848
LOG NAME: 80FOREST PARK—GOODWIN MARSHALL
SUBJECT:
Authorize Execution of an Engineering Agreement with Goodwin and Marshall, Inc., in the Amount of
$98,500.00 for Engineering and Design of Park Improvements in Forest Park (COUNCIL DISTRICT 9)
.......... ............
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with
Goodwin and Marshall, Inc., in the amount of$98,500.00 for engineering and design of park
improvements in Forest Park.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
Engineering Agreement with Goodwin and Marshall, Inc., in the amount of$98,500.00 for engineering and
design of park improvements in Forest Park. The proposed park improvements include a new trail and
pedestrian bridge adjacent to Colonial Parkway, repaving Colonial Parkway, reconstruction of Park Place
Drive and replacement of six existing parking lots along Colonial Parkway and Rogers Road.
On May 1, 2012, (M&C G-17586) the City Council authorized the Parks and Community Services
Department Fiscal Year 2012 Gas Related Revenue Project Expenditure Plan in the amount of
$2,491,107.49 of which $501,924.16 was allocated for improvements at Forest Park. The amount
represents the net prorated mineral lease bonus for Forest Park.
The 2004 Capital Improvement Program (CIP) Proposition One: Street and Storm Sewer Improvements
allocated the amount of$1,000,000.00 for park drainage and erosion control improvements, The available
balance of$25,330.00 in this fund will be used towards additional drainage and erosion control
improvements in Forest Park.
The 1998 Capital Improvement Program (CIP) also allocated the amount of$1,800,000.00 for park road
and parking improvements of which $309,732.00 remain and will be used for road and parking
improvements in Forest Park.
Project funding breakout is as follows:
'Funding Source Amount
]'Gas Bonus (M&C G-17586) $5-0, 1,g, 16
2004 CIP !$ 25,330,00
11998 CIP ;$309,732.00
TOTAL $836,986.16
Lognan.ie: 80FORLST PARK, GOO[ WIN MARSMLL Page I of 2
..................... ..........
On June 26, 2013, a preliminary Design Agreement in the amount of$29,600.00 was administratively
executed with Goodwin & Marshall, Inc. (City Secretary Contract No. 44577) to assess scoping needs and
prioritization of improvements. This M&C will authorize Goodwin & Marshall, Inc., to proceed with final
design and preparation of construction documents.
M/WBE OFFICE - Goodwin and Marshall, Inc., is in compliance with the City's BDE Ordinance by
committing to 20 percent SBE participation on this project. The City's SBE of on this project is 17
percent.
This project is located in COUNCIL DISTRICT 9, Mapsco 76N, 76P and 76T.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Park Gas Lease Project Fund.
FUND CENTERS:
TO Fund/AccounVCenters FROM Fund/Account/Centers.
U115-0000
........... ...... .................
CERTIFICATIONS:
Submitt ed for City Managees Office by Susan Alanis (8180)
Originating ®e artment Fleaid: Richard Zavala (5711)
Additional Information Contact: David Creek (5744)
............ ......
ATTACHMENTS
1, C282-531200-809370208830.docx (CFW Internal)
2. Forest FAR.pqf (CFW Internal)
3.
Forest Pgrk_$BEConiplianceMg-mo.pdf (CFW Internal)
Lognarne: 80FOREST PARK_-GOODWIN MARSHAI,L Page 2 oft