HomeMy WebLinkAboutContract 46108 C1W SECR AW. L-1 l P I
CONTRACT NO. ow
INTERLOCAL COOPERATION AGREEMENT
FOR DESIGN SERVICES OF
WILLOW SPRINGS ROAD AND BLUE MOUND ROAD
WHEREAS, NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas
independent school district, ("District") and the City of Fort Worth, a Texas municipal
corporation ("City"), each desire that certain roadway and street improvements are made
to Willow Springs Road and Blue Mound Road in the City of Fort Worth, Tarrant
County, Texas, (the"Project"); and
WHEREAS, District desires the Project to advance on an earlier schedule than it
might otherwise have been implemented; and
WHEREAS, District and City(collectively, the "Parties") desire to enter into this
Interlocal Cooperation Agreement("Agreement") in order to accomplish the goals of the
Parties; and
WHEREAS, both the City and the District have authority to enter into this
Agreement pursuant to Chapter 791 of the Texas Government Code; and
WHEREAS, District has retained the services of M.J. Thomas Engineering, LLP
to provide for the design of the Project; and
WHEREAS, the City desires to contribute to the costs of the District's design of
the Project, as further described in this Agreement; and
WHEREAS, City has reviewed both the scope, fee, and schedule for the design of
the Project and find them to be fair and reasonable; and
WHEREAS, it is understood that this Agreement may be amended from time to
time to accommodate expanded scope and cost participation; and
WHEREAS, Construction of the Project will be performed by the City at its cost,
and the District shall reimburse the City for a portion thereof, all as set forth herein,
subject to availability of funding and based on a public bid process; and
WHEREAS, construction of the Project may be accomplished in phases by the City.
NOW, THEREFORE, for and in consideration of the covenants and conditions
contained herein,the City and the District do hereby agree as follows:
General Requirements
A. The Project will generally consist of improvements related to the
NISD-CFW Interlocal Agreement re:Willow Springs c �Bl e�oun p ovements Page l
-�__ RECEIVED NOV - 32014
construction of a portion of Willow Springs Road and Blue Mound Road
("Blue Mound Phase") as such improvements and the location of such
improvements are further described depicted on Attachment A hereto.
B. District has retained MJ Thomas Engineering, ,LLC., as the "Engineer"for
I
the Project pursuant to a written agreement reviewed and approved by the
City(the"Engineering Contract")attached as Attachment C.
C. 1. City agrees to reimburse District for the actual cost to complete the
design of that portion of not immediately adjacent to the Willow Springs
Phase at an amount not to exceed $ 394,576.47 upon presentation of plans
for Willow Springs Phase, including, as appropriate, engineering drawings,
studies, renderings, contract specifications, estimates, and other documents,
(collectively the"Willow Springs Work Product") necessary to construct the
improvements contemplated by this Agreement.
2. City agrees to reimburse the District for the actual cost to complete the
design of the Blue Mound Phase at an amount not to exceed$ 150,887.21
upon presentation of plans for Blue Mound Phase, including, as appropriate,
engineering drawings, studies, renderings, contract specifications, estimates,
and other documents, (collectively the "Blue Mound Work Product")
necessary to construct the improvements contemplated by this Agreement.
An estimate of the design costs and fees is attached hereto as Attachment B.
D. When the design is completed and accepted by the City, the District agrees
to provide an escrow account for its pro-rata share of the construction cost
based on the engineering opinion cost plus a reasonable increase per year for
local inflation increase until December of 2017 based on the City formula to
reimburse the City one half of the City's actual documented construction
costs for the portions of Willow Springs Road upon which District's
currently-owned property has frontage. The escrow account will be drafted
monthly during the construction based on approved pay-applications by the
City and approval on the district's engineer on record.
E. To the extent permitted by law, the District covenants and agrees to, and by
these presents does hereby, indemnify, hold the city, its officers, agents and
NISD-CFW Interlocal Agreement re:Willow Springs Rd and Blue Mound Rd Improvements Page 2
employees harmless against any and all suits, actions or claims of any
character, including, but not limited to, those for property damage or loss
and/or personal injury including death, that may relate to, arise out of or be
occasioned by (i) District's breach of any of the terms of this Agreement or
(ii) any act or omission of District or any of its affiliates, officers, agents,
associates, employees, contractors or subcontractors, related to the Project,
except that the indemnity provided for in this paragraph shall not apply to
any liability resulting from the sole negligence of the City its officers,
agents, employees, or separate contractors, and in the event of joint and
concurrent negligence of both District and the City, responsibility, if any,
shall be apportioned comparatively in accordance with the laws of the State
I
of Texas.
F. District agrees that the Engineering Contract shall include provisions granting
to the City the right to enforce such contracts as an express intended third
party beneficiary of such contract. City shall have design review and the right
for input at a minimum of 15, 30, 60, and 90% design milestones. District
agrees to follow City's locational criteria for sewer, water and other
transmission facilities.
G. The Parties acknowledge and agree that the performance by City and District
of their respective obligations under this Agreement constitute governmental
functions.
H. All payments, if any, required to be made by District or City hereunder shall
be payable from such party's current revenues or other funds lawfully
available for such purpose.
1. The Parties agree that City and District have not waived their respective
sovereign or governmental immunity by entering into and performing their
respective obligations under this Agreement.
[the remainder of this page is intentionally left blank;signature page to follow)
NISD-CFW Interlocal Agreement re: Willow Springs Rd and Blue Mound Rd Improvements Page 3
IN TESTIMONY WHEREOF,the City and District have each caused this
instrument to be executed in quadruplicate in its name and on its behalf by its duly
authorized representative.
EXECUTED and EFFECTIVE as of the date last written by a signatory,below.
APPROVED:
CITY: DISTRICT:
CITY OF FORT WORTH North stl D.
Fernando Costa Joolraswich
i
Assistant City Manager Chief Financial Officer
DATE: /0 3111+ DATE:
AP OVAL RECOMMENDED:
f U
Douglas lk Wiersig
Director,Transportation and Public Works Department
APPROVED AS TO FORM AND LEGALITY: M&C: - - (/
Date:
Douglas W.Black
Assistant City Attorney
ATTEST:
�o o
OFF6CM RPECORD
Mary J. Kayse r �A
City Secretary ° 4 �O Ii G1Ry
NISD-CFW Interlocal Agreement re:Willow Springs Rd and Blue Mound Rd Improvements Page 4
List of Attachments to this Agreement
Attachment A—Project Description
Attachment B -Project Design& Construction Financial Summary
Attachment C—Engineering Contract
[follows]
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1VISD-CFW Interlocal Agreement re:Willow Springs Rd and Blue Mound Rd Improvements Page 5
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ATTACHMENT B, Page 1
V.R. Eaton High School at
Willow Springs & Blue Mound Rd Engineers Estimate of Probable Cost
Package II- ILA Willow Springs & Blue Mound Road $14,317,851.64
MJ Thomas Engineering-Design Fees EWmated Engineering Fee $715,892.58
City Share City Share NISD Share
Blue Mound Willow Springs Willow Springs TOTAL
Contract
Contract Date Off-Site Design Fee S%of Construction Cost Amount Invoice Amount Invoice No. Date Invoice5tatus 22.50% 58.00% 19.50% 100.00%
8/6/2012 Predevelopement Per Contract 20% $75,000.00 1773 11/21/2012 Paid by NISD $16,875.00 $43,500.00 $14,625.00 $75,000.00
$19,050.00 1795 2/6/2013 Paid by NISD $4,286.25 $11,049.00 $3,714.75 $19,050.00
$16,379.31 1987 2/1/2014 Processing $3,685.34 $9,500.00 $3,193.97 $16,379.31
$18,614.43 1988 3/1/2014 Unpaid $4,188.25 $10,796.37 $3,629.81 $18,614.43
$14,061.06 1989 4/1/2014 Unpaid $3,163.74 $8,155.41 $2,741.91 $14,061.06
$73.72 1990 5/1/2014 Unpaid $16.59 $42.76 $14.38 $73.72
Construction Drawings Per Contract 63% $32,758.64 1987 211/2014 Processing $7,370.69 $19,000.01 $6,387.93 $32,758.64
$194,406.59 1988 3/1/2014 Unpaid $43,741.48 $112,755.82 $37,909.29 $194,406.59
$198,959.96 1989 4/1/2014 Unpaid $44,765.99 $115,396.78 $38,797.19 $198,959.96
$24,887.55 1990 5/1/2014 Unpaid $5,599.70 $14,434.78 $4,853.07 $24,887.55
`.d`�'g PO.`°...."°
ty B Scope Deleted per 7/8/2014 meeting with attendees
" lim Walker,Dennis McCreary,Mehran Aghll(and
Michael Thomas.Future City Project.
TOTAL MI THOMAS ENGINEERING DESIGN FEES 100% $594,191 $133,693.03 $344,630.93 $115,867.36
Mi Thomas Engineering-Reimbursable Fees
Proposal
Proposal Date Service Amount Invoice Amount Invoice No. Date Invoice Status City Share City Share NISD Share TOTAL
Off Site Survey Willow Springs and Blue Mound Rd $10,700.00 1472 1/27/11 Paid by NISD $2,407.50 $6,206.00 $2,086.50 $10,700.00
City 80.5%(WS 58%,BM 22.5%),NISD 19.5%
6/18/2012 Topographic Survey City 80.5%,NISD 19.5% $10,120.00 $10,120.00 1748 8/29/12 Paid by NISD $2,277.00 $5,869.60 $1,973.40 $10,120.00
`°P-t 8 Scope Deleted per 7 18/2014 meeting with attendees Jim
Walker,Dennis McCreary,Mehran Aghili and Michael
A...:..lpatedl D._:..,..,,r_.,.......,.. $2,40¢gg Thomas.Future City Project. r$5,280.00 Location of Potholed Existing Pipelines-Survey $5,280.00 $5,280.00 1791 1/15/13 Paid by NISD $5,280.00
$25,600.00 1
11/12/2012 Willow Springs Test Holes-City75%,NISD 25% $24,800.00 1763 11/12/12 Paid by NISD $18,600.00 $6,200.00 $24,800.00
10/16/2011 Traffic Impact Study-NISD High School#3 $28,125.00 $22,500.00 1655 1/30/12 Paid by NISD $22,500.00 $22,500.00
$5,625.00 1697 5/29/12 Paid by NISD $5,625.00 $5,625.00
Signal Warrant Studies City 50%,NISD 5076 $8,900.00 $7,120.00 1655 1/30/12 Paid by NISD $1,780.00 $1,780.00 $3,560.00 $7,120.00
Signal Warrant Studies City 50%,NISD 50% $1,780.00 1697 5/29/12 Paid by NISD $445.00 $445.00 $890.00 $1,780.00
Traffic Signal Design$12,000 per Intersection $24,000.00 $13,866.25 1923 2/26/14 Paid by NISD $3,466.56 $3,466.56 $6,933.13 $13,86
City 50%(WS&BM),NISD 50%(WS&Mascot) $10,133.75 Not invoiced $2,533.44 $2,533.44 $5,066.88 $10,13_
No Proposal Traffic Consultation Services $2,150.00 $2,150.00 1839 5/28/13 Paid by NISD $2,150.00 $2,150.00.
TOTAL MI THOMAS ENGINEERING REIMBURSABLES $114,075.00 $114,0
Other Reimbur5ables
10/3/2012 Geotechnical Investigation Willow Springs&Blue Mound $27,840.00 $19,043.00 86541 1/7/2013 Paid by NISD $4,284.68 $11,044.94 $3,713.39 $19,043.00
Fugro Proposal 004-0012-1047R
TOTAL OTHER REIMBURSABLES $19,043.00
TOTAL • $727,309.26 • t $727,309.26
Engineers Opinion of Probable Cost
Blue Mound Road-By City $3,223,039.70
Willow Springs-City Portion 75% $8,306,095.43
Willsow Springs NISD Portion 25% $2,788,716.52
City Total Willow Springs(58%)&Blue Mound(22.5%) 80.5% $11,529,135.13
NISD Total 19.5% $2,788,716.52
$14,317,851.65
7/15/2014
ATTACHMENT B, Page 2
Engineer's Opinion of Probable Cost
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ATTACHMENT C
M1JJT*iomAs
MJT No. 509-022
August 6, 2012
Northwest Independent School District
1800 SH 114
Justin, TX 76247
Attention: Mr. Mehran Aghili
Reference: Proposal for Professional Off-Site Civil Engineering Services
Public Infrastructure to Serve the New Northwest ISD High School No. 3
Fort Worth, Texas
Dear Mr. Aghili:
MJ Thomas Engineering, LLC. (MJT) is pleased to present this proposal for professional civil engineering
services for the above-referenced site. It is our understanding that the proposed improvements will consist of
new road widening and infrastructure design including public water, sanitary sewer, grading and drainage for
East Mascot Boulevard (private road), Willow Springs, Blue Mound and US 287 Frontage Roads around the
new Northwest ISD High School No. 3. The design shall be completed to City of Fort Worth and TxDOT
standards as determi ned by that entity. MJT will coordinate design a nd construction of the proposed
improvements. MJT will also provide design of the off-site sanitary sewer and drainage facilities through the
middle school proposed site to the appropriate infrastructure connection point south of the middle school site as
determined by the City of Fort Worth. MJT will assist in filing and obtaining TxDOT permits. MJT will coordinate
with the affected franchise utility owners and assist with require relocations.
MJT will provide a Sediment Control Plan including details as part of our base services.
Civil Coordination
MJT will provide coordination with the City of Fort Worth and the Client, and TxDOT during the review process
through the issuance of a building permit. Plan revisions by the owner after the first submittal to the City will be
considered additional services, and will be billed at an agreed upon lump sum fee. It i s assumed that the
Architect will handle submittals other than the Civil Package.
Civil Contract Administration
a. MJT will assist in answering questions and preparation of addenda.
b. MJT will make visits to the site to observe the progress of work and attend site meetings
as required.
C. MJT will provide assistance in processing the Construction Manager's shop drawings and
answering questions during construction relating to the site work.
Assumptions and Not Included
Due to the unknowns involved in th a preparation of this p roposal, we have made the following
assumptions. If these assumptions change, we may have t o revise the represented fee. The se
assumptions are:
1. On site private plans will be contracted with Corgan Associates.
2. Topographic Survey is included under separate proposal MJT No. 509-022-002.
3400 Hulen Street, Suite 100 P: (817)732-9839
Fort Worth, Texas 76107 F: (817)732-9841
Registration#F-9435
Proposal for Professional Off-Site Civil Engineering Services
Public Infrastructure to Serve the New Northwest ISD High School No. 3
Fort Worth,Texas
May 22,2012
3. Construction staking will be considered as additional services if required.
4. On-site designs of water, sanitary sewer, grading or draina ge are n of anticipated to be
required will be completed under separate contract with Corgan Associates,
5, Changes in the site plan, scope of wo rk, or other items, which result in redesign of the civil
drawings may require MJT to adjust our fee s and will be done so in writing prior to
proceeding.
If these assumptions change, or if any of the below items are required,these services can be performed at an
agreed upon lump sum fee or hourly rate.These assumptions are:
• Preliminary Platting
• Traffic Impact Analysis
• Flood Studies
• Wetland Studies
• Environmental Services — Environmental services are n of included in thi s 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 Owner to the laboratory and should
not be handled by MJT.
• Retaining wall design, unless it is design build.
• Re-design, re-study and/or revisions to recommended directives, conceptual or final studies,
drawings, specifications or other documents after same have been previously approved by
the owner in order to accomplish changes requested by the Owner.
• Assistance as a consultant or expert witness in any discussions or litigation with third parties
arising from this project.
• Lift Station Design
• All other items except as specifically listed.
MJT proposes to pe rform all work o utlined base services for a 5% of all co nstruction costs.
Reimbursable expenses will be billed as outlined on the accompanying Terms and Conditions(TAC)
and billed as an additional item. The TA C document forms a part of this proposal/contract. Reimbursable
expenses consist of printing, reproduction, filing fees required by/to the City and delivery charges. M onthly
statements for all work will be submitted to you by the 25th of each month, and are due within thirty(30)days.
Monthly bills will be based upon the Engineer's estimate of percent completion of the various work tasks.For
initial billing we assume the construction costs will be estimated at$15,000,000.00 including City of Fort Worth
portion of public works.
Pre-Development 20%
Construction Plans 63%
Bidding 2%
Construction Administration 10%
City C.Q. 5%
Total Compensation 100%
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 exp ease of additional services so all a ccounting can be appropriately
identified. We consider design changes required by others than MJT after plans are significantly
complete to be additional services. Alterations and modifications required as a normal course of review
are considered part of this agreement.
MJ Thomas Engineering, LLC. Page 2 of 5
Proposal for Professional Off-Site Civil Engineering Services
Public Infrastructure to Serve the New Northwest ISD High School No. 3
Fort Worth,Texas
May 22,2012
Items scheduled as Not Included will be provided if requested by the Owner for the Additional Service Hourly
Fee Schedule as listed below.
Principal Engineer $18 5/hr
Project Engineer $12 5/hr
Project Manager $10 0/hr
Designer/Engineer in Training $90/hr
Cad Technician $70/ hr
Clerical $45/ hr
TERMS & CONDITIONS
Engineering and Planning Services
Lump surnlfrxed fee contract. The basis of compensation for additional services not included in the fixed fee contract by MJ Thomas
Engineering,LLC.'s staff will be calculated by multiplying the employee's hourly rate by 16.
Limitation of Liability—To the fullest extent permilt ed by law,and notwithstanding any other provisions of this Agreement,or existence of
applicable insurance coverage,the total liability, in the aggregate of MJ Thomas Engine ering, LLC.and MJ Thomas Eng ineering, LLC's
officers,directors,employees,agents and Sub-consultants,to the client or,to Client and a nyone claiming by,through or unde r Client,for any
and all claims,losses,costs,or damages whatsoever arising out of,resulting from,or in any way related to the services under this Agreement
from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of
contract,or warranty express or implied of M J Thomas Engineering,LLC,or MJ Thomas Engineer ing, I.I.C.officers,directors,employees,
agents and Sub-consultants , shall be as stated under the Northwest lSD Civil Engineering RFQ Na B0809-09-026 underthis
Agreement.Higher limits of liability may be negotiated for a higher fee. Under no circumstances shall MJT or its Sub-consultants be liable for
lost profits or consequential damages,for extra costs or other consequences due to change or for costs related to the failure of contractors to
perform work in accordance with the plans and specifications.
No Consequential Damages. N otwithstanding any other provision of the Agreement, neither party shall be liable to th a other for an y
consequential damages incurred due to the fa uk of the other party,regardless of the nature of this tau it or whether ri was committed by the
Client or MJ Thomas Engineering,LLC.,their employees,agents,or sub-consultants. Consequential damages include,but are not limited to,
loss of use and loss of profit.
No Duties to Third Parties. The services to be performed by MJ Thomas Eng ineering,LLC.under this Agreement are intended solely for
the benefit of the Client. Nothing contained herein shall confer any rights upon or create any duties on the part of MJ Thomas Engineering,
LLC.toward any person or persons not a party to this Agreement including,but not limled to any contractor,subcontractor,supplier,or the
agents,officers,employees,insurers,or sureties of any of them.
Claims Limited to Insurance Coverage. The Client and MJ Thomas Engineering,LLC.waive all rights for damages,each against the other
and against the contractors,sub-consultants,agents,and employees of the other,but only to the extent covered by property insurance during
or after construction,except such rights as they may have to the proceeds of such insurance. The Client and MJ Thomas Engineering,LLC,
each shall require similar waivers from their contractors,sub-consultants,and agents.
General Contractor Duties and Responsibilities. Neither the professional activities of MJ Thomas Engineering,LLC.,nor the presence of
MJ Thomas Engineering,LLC.ortheir employ ees and sub-consultants at a construct ion site,shall relieve the General Co ntractor and any
other entity of their obligations,duties and responsibilities including,but not limited to,construction means,methods,sequence,techniques or
procedures necessary for performing,superintending or coordinating all portions of the Work of construction in accordance with the contract
documents and any health or safety precautions required by any regulatory agencies. MJ Thomas Engineering, LLC.and their personnel
have no authority to exercise any control ov er any construction contractor or other entity or theiremployees in connection with their worst or
any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety,and warrants that this
intent shall be made evident in the Client's agreement with the Ge nerat Contractor. The Client also a grees that the Client,MJ Thomas
Engineering,LLC,and their Sub-consultants shall be indemnified and shall be made additional insured under the General Contractor's
general liability insurance policy,
Termination. This agreement ma y be terminated by either party seven(7)da ys after written notice in the event of an y breach of an y
provision of this agreement or in the event of sub stantial failure of performance by the other patty,or if Client suspend s the work for the than
three (3) months.in the event of ter mination, MJT will be paid for services performed prior to the date of ter rninalion plus reasonable
termination expenses,including,but not limited to the cost of completing analyses,records,and reports necessary to document job status at
the time oftermination.
Payments and Interest. Client recognizes that prompt payment of MJ Thomas Engineering,LLC.'s invoices is an essential aspect of the
overall consideration MJ Thomas Engineering,LLC.requires for providing service to Client. Client will pay MJ Thomas Engineering,LLC.in
MJ Thomas Engineering, LLC. Page 3 of 5
Proposal for Professional Off-Site Civil Engineering Services
Public Infrastructure to Serve the New Northwest ISD High School No. 3
Fort Worth,Texas
May 22,2012
accordance with the procedures i ndicated in the proposal and it s attachments. Invo ices will be sub mitted to CI ient by MJ Thoma s
Engineering,LLC„and will be due and payable upon presentation. if Client objects to all or any portion of any invoice,Client will so notify MJ
Thomas Engineering,I.I.C.in writing within fourteen(14)calendar days of the invoice date,identify the cause of disagreement,and pay when
due that portion of the invoice not in dispute. In absence of written notification described above,the amount as stated on the invoice will be
paid.
Invoices are delinquent if payment has no t been r eceived within thirty (30)da ys from date of invoice. At the opt ion of MJ Tho mas
Engineering, LLC., Client will pay an additional charge of one-and-one-half(1.5)percent per month(or th a maximum percentage by law.
whichever is lower)on any delinquent amount,except for any portion of the invoiced amount in dispute and resolved in favor of Client.
Disputed amounts withheld by the Client which are subsequently resolved in favor of MJ Thomas Engineering,LLC.will carry the additional
charge, as described above,effect ive thirty(30)days from the dat a of the original invoice. In the event Client fa its to pay MJ Thomas
Engineering,LLC,within ninety(90)days after invoices are rendered,Client agrees that MJ Thomas Engineering,LLC.will have the right to
consider the failure to pay MJ Thomas Engineering,LLC.'s invoice as a breach of this agreement.
Cessation of Services. if Client for any reason fails to pay the undisputed portion of MJ Thomas Engineering,LLC.'s invoices within 30 days
of invoice date,MJ Thomas Engineering,LLC,has the right to cease work on the project and Client shall waive any claim against MJ Thomas
Engineering,LLC.for cessation of services,and shall defend and indemnify W Thomas Engineering,LLC,from and against any claims
for injury or loss stemming from MJ Thomas Engineering,LLC.'s cessation of service. Client shall also pay MJ Thomas Engineering,LLC.the
cost associated with premature cessat ion of services. In the event the project is re stated, Client shall also pay the cost of, and shall
renegotiate appropriate contract terms and conditions,such as those associated with budget,schedule o r scope of service. Both the client
and MJT may cancel this contract within seven(7)days for written notice,
Certifications:Guarantees and Warranties: MJ Thomas Engineering,LLC.shall not be required to execute any document that would result
in its certifying,guaranteeing or warranting the existence of conditions whose existence MJ Thomas Engineering,LLC.cannot ascertain.
Proposal Time Limit:This proposal shall be considered valid for a period 60 days from the date signed by MJT.After this time,MJT reserves
the right void this contract if not signed and returned by the client prior to this time frame.
Legal Action. In the event legal action is necessary to enforce the payment terms of this Agreement,MJ Thomas Engineering,LLC.shall be
entitled to collect from the Client a rry judgment or settlement sums due,plus reasonable attorney's fees,court costs and other expenses
incurred by MJ Thomas Engineering,LLC.in connection therew ith and,in addition,the reasonable va lue of MJ Thomas En gineering,LLC.
time and ex penses spent in Conn ection with such collection action,commuted according to MJ Thoma s Engineering,LLC, prevailing fee
schedule and expense polbes. Dispute Resolution and Termination. In the event any bill or portion thereof is disputed by Client,Client
strait notify MJ Thomas Engineering,LLC.within 10 days of receipt of the bill in question,and Client and MJ Thomas Engineering,LLC,shall
work together to resolve the matterwithin 60 days of its being called to MJ Thomas Engineering,LLC.attention. If resolution of the matter is
not attained within 60 days,either party may terminate this Agreement in accordance with conditions indicated in the termination of agreement
clause specified.
Mediation. In an effort to resolve a ny conflicts that arise during ft design and construction of the Project or follow Ing the completion of the
Project,the Client and MJ Thomas Engineering,LLC.agree that all disputes between them arising out of or relating to this Agreement orthe
Project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise.
The Client and M J Thomas Eng ineering, LLC,furthe r agree to in elude a sim ilar mediation provision in all agreements w ith independent
contractors and sub-consultants ret ained for the Project and to require all independen t contractors and sub-consultants also to include a
similar mediation provision in all agreements with their subcontractors, sub-consultants, suppliers and fabricators, thereby providing for
mediation as the primary method for dispute resolution between the parties to all those agreements.
Other charges which may apply to the Client's project include:
(1) Printing and reproduction shall be billed at standard commercial rates.
(2) All direct non-labor expense,including bid advertising,etc.,and travel and subsistence for the principals and staff when outside of
Tarrant and Dallas counties as required for the proper execution of the work,are charged at actual invoice cost. Filing fees paid by
MJ Thomas Engineering,LLC,will be charged at cost plus 2%. Travel by passenger vehicles shall be at a rate commensurate with
IRS regulations.
(3) Services not offered as a part of M J Thomas Engineering,LLC.normal services such as special consultants and surveyors,the
Client may,at his option,contract directly with the third party for such services or through MJ Thomas Engineering,LLC. If such
contracts are ma do through MJ T homas Engineering, LLC.a se rvice charge of 10% will be added to t he net amount of such
contracts.
Miscellaneous:
(1) intellectual Property. The drawings,specifications and any other v A products(including but not limited to software programs and
electronic media of any description)prepared by MJ Thomas Engineering,LLC.for this project shall remain the propert y of MJ
Thomas Engineering, LLC.and MJ Thomas E ngineering, LLC.shall retain all common law,statutory and other reserved rights,
including the copyright,where applicable. NISD retains all rights to paid materials and publications, designs for future use o r
sharing the data with other developers and government entities.it is stated in page 12,section 10.
MJ Thomas Engineering, LLC. Page 4 of 5
Proposal for Professional Off-Site Civil Engineering Services
Public Infrastructure to Serve the New Northwest ISD High School No. 3
Fort Worth, Texas
May 22, 2012
(2) Entire Agreement. This agreement is the entire agreement between the parties with respect to the subject matter of this agreement
and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives.heirs,successors
and assigns.
(3) Counterparts. This agreement shall be executed with one or more separate counterparts,each of which,when so executed,shall,
together,constitute and be one in the same instrument.
(4) Governing Law and Venue. This agreement shall be governed by and construed in accordance with the substantive laws of the
Stale of Texas and the parties hereto agree and consent that venue for all purposes shall be in Tarrant County,Texas.
(5) Project Information: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and
instructions required by this Agreement The Consultant may use such information, requirements, reports, data, surveys and
instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof.
(6) Hazardous Materials:As used in this Agreement, the term hazardous materials shall mean any substances, including but not
limited to asbestos, toxic or hazardous waste, PCB's, combustible gases and materials,petroleum or radioactive materials(as
each of these is defined in applicable federal statutes)or any other substances under any conditions and to such quantities as
would pose a substantial danger to personal or property exposed to such substances at or near the Project site Both parties
acknowledge that the consultant's scope of services does not include any services related to the presence of any hazardous or
toxic materials, In the event(he Consultant or any other party encounters any hazardous or toxic materials,or should it become
known to the Consultant(hat such materials may be present on or about the jobsile or any adjacent areas that may affect the
performance of the Consultant's services,the Consultant may, at its option and without liability for consequential or any other
damages,suspend performance of is services under this Agreement until the Client retains appropriate consultants of contractors
to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable
laws and regulations
We appreciate your consideration of MJ Thomas Engineering, LLC. and we share your enthusiasm for
this project. If this proposal meets with your approval, please indicate by signing in the space provided,
and return one copy as our Notice to Proceed. Please feel free to call if you have any questions
concerning any of the scope of services or associated fees presented herein and we will do our best to
clarify any part of the proposal that may be unclear. We appreciate the opportunity to assist you with this
project and look forward to its success_
NORI ST INO E-0&DSCIJOOL DISTRICT MJ THOMAS CNIZIN51719ING,LLC
CLIE
BBy Mirh ard A .m.._ P f
, h Kaa rJL Principal
Position Position
cl-A�tC>/12_ August 6.2012
Date Date
MAT/as
509-022_Prop Civit_MAghih_12-0806_AS
MJ Thomas Engineering, LLC. Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/23/2014 —Ordinance Nos.21483-09-2014 &
21484-09-2014 &21485-09-2014
DATE: Tuesday, September 23,2014 REFERENCE NO.: C-27011
LOG NAME: 201LA NISD BLUE MOUND RD &WILLOW SPRINGS RD
SUBJECT:
Authorize Execution of an Interlocal Agreement with the Northwest Independent School District in the
Amount of$545,463.98 for the Engineering Plans for the Construction of Blue Mound Road and Willow
Springs Road and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Transportation Impact fund in the amount of$262,633.61 from available funds;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Assessments fund in the amount of$282,830.37 from available funds;
3. Authorize transfer of$282,830.37 from the Special Assessments fund to the TPW Community
Facilities Agreement fund;
4. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the TPW Community Facilities Agreement fund in the amount of$282,830.37 from available funds;
and
5. Authorize execution of an Interlocal Agreement with the Northwest Independent School District in
the amount of$545,463.98 for reimbursement for the design of four lanes of Blue Mound Road from
US 287 to Willow Springs Road and four lanes of Willow Springs Road from Blue Mound Road to
Mesa Crest Drive.
DISCUSSION:
In accordance with the Community Facilities Agreement required for the improvements to the roadways
associated with the construction of a new high school located on Willow Springs Road,Northwest
Independent School District(NISD)engaged MJ Thomas Engineering,LLC to provide construction
drawings.
In addition to Willow Springs Road, it was determined that improvements to Blue Mound Road are needed to
serve the new high school and the proposed middle school. The City initiated discussions concerning the
joint funding of these projects with the NISD. Though Blue Mound Road does not adjoin the NISD tract,in
August 2012,NISD presented a draft Interlocal Agreement offering to design and construct Willow Springs
Road and Blue Mound Road with the understanding that the City would reimburse the District when funds
became available.
Anticipating such an Agreement, the City proposed reimbursement to NISD for the design of Blue Mound
Road and the City's portion of Willow Springs Road with Transportation Impact funds not to exceed
$650,000.00. In September 2012,NISD entered into a contract with MJ Thomas Engineering for the design
of Blue Mound and Willow Springs roads.
Because of the uncertainty of construction funds,it was determined that NISD would not construct the roads,
but would: 1)provide final engineering plans for Willow Springs and Blue Mound roads and 2)enter into an
Interlocal Agreement to be reimbursed for the engineering plans and to obligate payment of its portion of the
construction of Willow Springs Road.
NISD has continued with the engineering design of the projects while each party's financial obligations were
being finalized.Based on accepted engineer's estimates,this Interlocal Agreement establishes that the City
will reimburse NISD an amount not to exceed$394,576.47 for the engineering plans for Willow Springs
Road and$150,887.21 for the engineering plans for Blue Mound Road. It is recommended that funding for
this reimbursement be programmed using Transportation Impact Fees in Service Area B and Future
Development Funds.
Funding for the construction of Blue Mound Road was approved with the 2014 Bond Program.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION:
The Financial Management Services Director certifies that upon approval of the above recommendations and
adoption of the attached appropriation ordinances,funds will be available in the capital budget, as
appropriated, of the Special Assessments Fund, the TPW Community Facilities Agreements Fund, and the
Transportation Impact Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
1)C206 488139 061249991200 $262.633.61 3) GS94 538040 020941369010 $282.830.37
1) C206 541200 061249991200 $262.633.61 5) C206 541200 207240216183 $262.633.61
2)GS94 488100 020941369010 $282.830.37 5)C205 541200 207760216183 $282.830.37
2) GS94 538040 020941369010 $282.830.37
3&4)C205 476094 207760216183 $282.830.37
4)C205 541200 207760216183 $282.830.37
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W.Wiersig (7801)
Additional Information Contact: Jim Walker (8009)
ATTACHMENTS
1.201LA NISD BLUE MOUND RD&WILLOW SPRINGS RD C205 AO14 REVISED.doc
2. 20ILA NISD BLUE MOUND RD &WILLOW SPRINGS RD GS94 AO14 REVISED.doc
3. 201LA NISD BLUE MOUND RD—WILLOW SPRINGS RD C206 AO 14
REVISED(Rev9.11.14,).doe
4. Funds Blue Mound Rd Willow Springs Rd Impact Fees.pdf
5. GS94 5zzzzz 136901.doc
6. Man NISD Blue Mound—Williow Springs .pdf
7. NISD C206 FAR-00001.12df
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Ordinance No. 21483-09-2014
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS
IN THE TPW COMMUNITY FACILITIES AGREEMENT FUND IN THE AMOUNT OF
$282,830.37, FROM AVAILABLE FUNDS, FOR REIMBURSEMENT TO NORTHWEST
INDEPENDENT SCHOOL DISTRICT FOR ENGINEERING PLANS TO WIDEN BLUE
MOUND ROAD FROM US 287 TO WILLOW SPRINGS ROAD AND WILLOW SPRINGS
ROAD FROM BLUE MOUND ROAD TO MESA CREST DRIVE; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the TPW
Community Facilities Agreement in the amount of$282,830.37, from available funds, for reimbursement to
Northwest Independent School District for engineering plans to widen Blue Mound Road from US 287 to
Willow Springs Road and Willow Springs Road from Blue Mound Road to Mesa Crest Drive,
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 20952-09-2013 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4,
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETAR
y R tc�f
Assistant City Attorney Mary J. KaNsb if
ADOPTED AND EFFECTIVE: September 23, 2014
~
`
Ordinance No. 21484-09-20]4-
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS D4 THE SPECIAL ASSESSMENTS FUND Oq THE AMOUNT 0F
$282'830.37' FROM /\\/A/L/\Bl.G FUNDS, FOR REIMBURSEMENT TO
NORTHWEST INDEPENDENT SCHOOLD0TRlCT FOR ENGINEERING PLANS
TO WIDEN BLUE MOUNT) ROAD FROM US 287 TO WILLOW SPRINGS ROAD
AND WILLOW SPKIIN(}8 ROAD FROM BLUE K4UUND ROAD TO MESA CREST
DRIVE; PROVIDING FOR f\ S5V6R/\BD.lTY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE[[[)KD/\INEDBYTDB CITY C0(/NCDLOF THE CITY OF FORT WORTH.
TEXAS:
SFCT|ON |.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the
Budget of the City Manager, dzome uhd| also be increased estimated /ccoip|a and appropriations in the
Special /\oueeumcnix Fund in the amount of $282`830]7' from uvai|uh)u funds, for reimbursement 10
Northwest Independent School District for engineering plans to widen Blue Mound @uud from US 287 to
Willow Springs Road and Willow Springs Road from Blue Mound Road 10 Mesa Crest Drive.
SECTION 2.
That should any portion, section or pail ofusection of this ordinance he dco|mrd invalid, inoperative or
void for any reason by a court of corn pe tentj t irisd icti on, such decision, opinion orjudgment shall in no way
impair the remaining portions, yoo(iuoa, or parts of sections of this ordinance, vvh(uh said remaining
provisions shall ho and remain iofuU force and effect.
SECTION 3.
That this ordinance oku|\ be cumulative of Ordinance No. 20452-09-2013 and all other ordinances and
appropriations amending the uuue cxoop1 in those ina(xno*u vvbero the provisions of this ordinance are in
direct conflict with such other ordinances and uppouphu|ioos, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed,
SECTION 4.
This ordinance shall take effect upon adoption,
APPROVED AS T0 FORM AND LEGALITY: CITY RG R
------ KrJ-y J"A --T�'
Assistan'rrit-y Attorney ADOPTED AND ELFyECTK/2: ScAle»bur 23, 2014
Ordinance No. 21485-09-2014
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE TRANSPORTATION IMPACT FUND IN THE AMOUNT
OF $262,633.61, FROM AVAILABLE FUNDS, FOR REIMBURSEMENT TO
NORTHWEST INDEPENDENT SCHOOL DISTRICT FOR ENGINEERING PLANS
TO WIDEN BLUE MOUND ROAD FROM US 287 TO WILLOW SPRINGS ROAD
AND WILLOW SPRINGS ROAD FROM BLUE MOUND ROAD TO MESA CREST
DRIVE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2013-2014 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Transportation Impact Fund in the amount of $262,633.61, from available finds, for reimbursement to
Northwest Independent School District for engineering plans to widen Blue Mound Road from US 287 to
Willow Springs Road and Willow Springs Road from Blue Mound Road to Mesa Crest Drive.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 20952-09-2013 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRE.
fY ;
Assistant City Attorney N any
r
ADOPTED AND EFFECTIVE: September 23,2014