HomeMy WebLinkAboutContract 26945 CITY SECRETARY r
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), Carter &
Rcg ss, Inc.. (the "ENGINEER"), for a PROJECT generally described as: Engineering
Services for a New Interchange at IH-35W and North Tarrant Parkway.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed
under this AGREEMENT. Invoices are due and payable within 30
days of receipt.
(3) Upon completion of services enumerated in Article I, the final
payment of any balance will be due within 30 days of receipt of the
final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion
will be paid. The CITY will exercise reasonableness in contesting
any bill or portion thereof. No interest will accrue on any contested
portion of the billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the
ENGINEER may, after giving 7 days' written notice to CITY, suspend
services under this AGREEMENT until p 3id i! ftill, ' terest.
In the event of suspension of services, t INOW ill have
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no liability to CITY for delays or damages caused the CITY because
of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity
for subcontract work such as special surveys, tests, test borings, or
other subsurface investigations in connection with design and
engineering work to be performed hereunder. The ENGINEER shall
also advise the CITY concerning the results of same. Such surveys,
tests, and investigations shall be furnished by the CITY, unless
otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly
between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have
been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution.
These conditions and cost/execution effects are not the responsibility
of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible plastic film sheets, or as otherwisea proves CITY,
which shall become the property of the CITY. CITY ma qh wvii s
in any manner it desires; provided, however, that the ENGINEER shall not
be liable for the use of such drawings for any project other than the
PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a
construction site, whether as on-site representatives or otherwise, do
not make the ENGINEER or its personnel in any way responsible for
those duties that belong to the CITY and/or the CITY's construction
contractors or other entities, and do not relieve the construction
contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods,
means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER
and its personnel have no authority to exercise any control over any
construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set
forth in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become
familiar with the progress or quality of the completed work on the
PROJECT or to determine, in general, if the work on the PROJECT
is being performed in a manner indicating that the PROJECT, when
completed, will be in accordance with the Contract Documents, nor
shall anything in the Contract Documents or the agreement between
CITY and ENGINEER be construed as requiring ENGINEER to
make exhaustive or continuous on-site inspections to discover latent
defects in the work or otherwise check the quality or quantity of the
work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site
observations, if any, the ENGINEER shall endeavor to keep the
CITY informed of any deviation from the Contract Documents
coming to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform
the services set forth in the Scope of Services, the ENGINEER shall
be entitled to rely upon such certification to establish materials,
systems or equipment and performance criteria to be required in the
Contract Documents.
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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 CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from the
ENGINEER's opinions, analyses, projections, or estimates.
G. 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.
H. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 11923, the City has goals
for the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of
this agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
I. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of four (4)
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
ENGINEER facilities and shall be provi ppeRMPn
appropriate workspace 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 four
(4) years after final payment under the subcontract, have access to
and the right to examine and photocopy any directly pertinent books,
documents, papers and records of such subconsultant, involving
transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities,
and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this
article together with subsection (3)hereof. CITY shall give
subconsultant reasonable advance notice of intended audits .
(3) ENGINEER and subconsultant agree to photocopy such documents
as may be requested by the CITY. The CITY agrees to reimburse
ENGINEER for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
J. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits which are to be in effect
prior to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage
if written on a split limits basis). Coverage shall be on any vehicle used
in the course of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
(2) Certificates of insurance evidencing that the ENGINEER has
obtained all required insurance shall be delivered to the CITY prior to
ENGINEER proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The
term CITY shall include its employees, officers, officials,
agents, and volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance
coverage specified according to items section K.(1) and K.(2)
of this agreement are provided under applicable policies
documented thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation or
material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in
the state of Texas or be otherwise approved by the CITY;
and, such insurers shall be acceptable to the CITY in terms of
their financial strength and solvency.
(f) Deductible limits, or self insured retentions, affecting
insurance required herein shall be acceptable to the CITY in
its sole discretion; and, in lieu of traditional insurance, any
alternative coverage maintained through insurance pools or
risk retention groups must be also approved. Dedicated
financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without
incurring expense, to review the ENGINEER's insurance
policies including endorsements thereto and, at the CITY's
discretion, the ENGINEER may be required to provide proof
of insurance premium payments.
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(i) The Commercial General Liability insurance policy shall have
no exclusions by endorsements unless the CITY approves
such exclusions.
Q) The Professional Liability insurance policy, if written on a
claims made basis shall be maintained by the ENGINEER for
a minimum two (2) year period subsequent to the term of the
respective PROJECT contract with the CITY unless such
coverage is provided the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of
any insurance premiums required by this agreement. It is
understood that insurance cost is an allowable component of
ENGINEER's overhead.
(1) All insurance required in section K., except for the
Professional Liability insurance policy, shall be written on an
occurrence basis in order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate
of insurance. Notwithstanding anything to the contrary
contained herein, in the event a subconsultant's insurance
coverage is canceled or terminated, such cancellation or
termination shall not constitute a breach by ENGINEER of the
Agreement.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
L. 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.
M. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected
portions of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will, if requested, assist the CITY in obtaining the
services of a qualified subcontractor to manage the remediation
activities of the PROJECT.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the
CITY's possession relating to the ENGINEER's services on the PROJECT.
The 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 and will provide labor and
safety equipment as required by the ENGINEER for such access. The
CITY will perform, at no cost to the ENGINEER, such tests of equipment,
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.
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C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule in Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify
and release ENGINEER and its officers, employees, and
subcontractors from all claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation expenses
arising out of or relating to the presence, discharge, release, or
escape of hazardous substances, contaminants, or asbestos on or
from the PROJECT. Nothing contained herein shall be construed to
require the CITY to levy, assess or collect any tax to fund this
indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER'S negligence or
if such hazardous substance, contaminant or asbestos is brought
onto the PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
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H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and
materials suppliers on the PROJECT, or their
sureties, shall maintain no direct action against the
ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in
connection with, or resulting from the engineering
services performed. Only the CITY will be the
beneficiary of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than
the CITY and the ENGINEER and there are no third-party
beneficiaries.
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity
or person shall have no third-party beneficiary rights under this
Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver
of any right the CITY has to bring a claim against ENGINEER.
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
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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.
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 final designs, drawings, specifications and documents shall be
owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for
convenience on 30 days' written notice. This AGREEMENT may be
terminated by either the CITY or the ENGINEER for cause if either
party fails substantially to perform through no fault of the other and
does not commence correction of such nonperformance with 5 days
of written notice and diligently complete the correction thereafter.
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(2) If this AGREEMENT is terminated for the convenience of the City,
the ENGINEER will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
(b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage
supplies or services;
(c) The time requirements for the ENGINEER'S personnel to
document the work underway at the time the CITY'S
termination for convenience so that the work effort is suitable
for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination
expenses. The CITY'S approval will be obtained in writing prior
to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any
loss, cost, or expense claimed by third parties for property damage
and bodily injury, including death, caused solely by the negligence or
willful misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and
the CITY (or a person identified above for whom each is liable) is a
cause of such damage or injury, the loss, cost, or expense shall be
shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct as determined
pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon
Supplement 1996).
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G. Assignment
Neither party will assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except
for willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant
County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY
and ENGINEER arising out of, or in connection with this Agreement
or the PROJECT, or any breach of any obligation or duty of CITY or
ENGINEER hereunder, will be submitted to mediation. If mediation is
unsuccessful, the claim, dispute or other matter in question shall be
submitted to arbitration if both parties acting reasonably agree that
the amount of the dispute is likely to be less than $50,000, exclusive
of attorney's fees, costs and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association or other applicable rules of the
Association then in effect. Any award rendered by the arbitrators
less than $50,000, exclusive of attorney's fees, costs and expenses,
will be final, judgment may be entered thereon in any court having
jurisdiction, and will not be subject to appeal or modification except
to the extent permitted by Sections 10 and 11 of the Federal
Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs
and expenses, may be litigated by either party on a de novo basis.
The award shall become final ninety (90) days from the date same is
issued. If litigation is filed by either party within said ninety (90) day
period, the award shall become null and void and shall not be used
by either party for any purpose in the litigation
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K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D.,
VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any
cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order,
law, ordinance, or regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
A EST: CITY OF FOR W TH
% By:
Gloria Pearny
-a'J-��+ Mike Groomer
City Secret Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED
AND LEGALITY
Gary Steinberger A Hugo A. Malanga, P.E., Director
Assistant City Attorney Transportation and Public Works
ATTEST: CARTER ESS, INC.
y:
F Evans, P.
Senior Vice-President
contract Authorization
17-10 -ci
Date
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Attachment A
SCOPE OF SERVICES
IH 35 W at North Tarrant Parkway
Interchange Bridge, Ramps and Frontage Roads
(0.75 miles south to 0.6 miles north of North Tarrant Parkway)
This contract provides for design and preparation of two (2) project plan sets. The project
includes the IH 35W/North Tarrant Parkway (NTP) ramps, interchange, and frontage roads
from 0.75 miles south to 0.6 miles north of NTP.
1. FIELD SURVEYING AND PHOTOGRAMMETRY (Function Code 150):
A. Establishing the project horizontal control, vertical control network, centerline of lH
35W, horizontal and vertical locations for soil borings and centerline of intersection
streets was completed in the previous NTP contract.
B. Perform topographic surveys to increase the existing topographic coverage due to
changes in the project limits. Determine the horizontal and vertical (if applicable)
location of topographic features, including:
1. Paving, curbs, medians, driveways, sidewalks.
2. Signs, poles, post.
3. Drainage structures (including details).
4. Apparent utility features (fire hydrants, manholes, valves, junction boxes,
etc.)
C. Cross-Sections
1. IH 35W -Revise cross-sections as necessary throughout the project length
due to change in project limits. Additional sections will be taken at significant
breaks in grade or at other locations that will influence design activities.
Cross-sections will extend 25 feet beyond the ROW lines.
2. Specific Utilities -after determination of possible conflicting utility elements,
detailed surveys will be made to determine the specific location of these
utilities.
This scope of work does not include the task of field locating and exposing underground
utilities, but does include coordination with utility companies for locating utilities.
2. PROJECT MANAGEMENT:
A. Coordinate the project with the City and TxDOT during the development of the final
design.
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H\JOB\9610351NT\PROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOC 1 une 19,2001
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B. - Perform general administration duties, including: coordination with subconsultants;
preparation of invoices; scheduling; record keeping and; file management.
C. Attend up to three(3)meetings with officials from the City,TxDOT,utility companies,
railroad companies, municipalities, counties, and other governmental agencies.
D. Oversee quality assurance and quality control (QA/QC) program. Each scheduled
submittal of plans to the City or TxDOT shall receive QA/QC.
E. All work will be performed in accordance with Standard Specifications for
Construction of Highways, Streets, and Bridges (TxDOT), the Hydraulic Manual
(TxDOT), and TxDOT Standard Construction Details.
F. All work will be performed in English using the Bentley Microstation CAD format.
Plan sheets will be 11"x 17"size, scaled to 1 inch = 100 ft.
3. ROADWAY DESIGN (Function Code 160):
A. Coordinate with the City and TxDOT for pavement design and prepare typical
roadway sections. Obtain City and TxDOT approval.
B. Match the existing horizontal and vertical alignment of NTP, east of IH 35W.
C. Develop horizontal and vertical alignments for intersecting streets and driveways.
D. Develop an earthwork analysis to determine cut and fill quantities and provide final
design cross sections at 50-foot intervals. Cross sections shall utilize a 1"=2'
horizontal and 1"=1'vertical scale and shall be delivered in sheetform 11"x 17"size.
E. Consult with the City and TxDOT on geotechnical information obtained from core
holes and testing pertaining to embankment stability and settlement, pavement
design, bridges,retaining walls,temporary shoring,special sign structures and other
engineering matters as may be applicable to the project. Incorporate geotechnical
information into plans.
F. Prepare roadway plans,profiles and typical sections; bridge layout and bridge plans.
The plans shall consist of the following sheets:
Title
Typical Sections
Removal Plans
Horizontal Control Plans
Paving Plan and Profiles
Intersection Details and Grading Plans
Ramp Profiles
Street and Driveway Profiles
Miscellaneous Paving Details
Bridge Layouts
Bridge Plans
Traffic Control Plans IUf�FICIA' EILSI�U(�L'
INN Sr�i�"'RAVVY
H\JOB\961035INT\PROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOc 2 (o Ji8 i�(l�uf ' ,20 1
Traffic Signal Plans
Utilities are to be adjusted by others prior to letting and are not to be a part of fee for
reimbursement.
4. DRAINAGE DESIGN (Function Code 161):
The project elements include inlet placement, storm sewer design, drainage structure
design, erosion control, stormwater pollution prevention plan, and hydraulic analysis.
The work is further defined below:
A. Prepare overall drainage area map, showing existing contours, proposed drainage
patterns and outfall locations. Overall drainage maps shall be prepared based on
available topographic mapping and field observations.
B. Establish inlet and manhole locations.
C. Establish drainage outfall locations.
D. Design storm sewer systems and prepare storm sewer plan and profile sheets with
supporting hydraulic data sheets.
E. Prepare drainage plans for the proposed improvements, including the following
sheets:
Drainage Summary Sheets
Drainage Area Maps
Hydraulic Data
Drainage Plan and Profiles
Storm Water Pollution Prevention Plan
Drainage Details
F. Coordinate drainage designs with existing and proposed utility designs in the
corridor.
5. SIGNING, MARKINGS AND SIGNALIZATION (Function Code 162):
A. Prepare guide sign details including support details, if required.
B. Prepare traffic signal warrants for the NTP at IH 35W south bound and north bound
frontage roads.
D. Prepare signing, marking, and signalization plans, including the following sheets:
Summary of Signs
Signing, Delineation and Pavement Markings
Guide Sign Layouts (If required)
Final signal layouts, details and foundation designs
E. Traffic Signal Designs.
MAHUOB\9610351NT\PROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOC 3 rRo Ju e 19,2001
1. -Prepare base plan from survey and proposed design for the following
intersections:
IH 35W Southbound Frontage Road at North Tarrant Parkway
IH 35W Northbound Frontage Road at North Tarrant Parkway
2. Transmit base sheets to utility service providers with request for identification
and location of all utilities in and around the intersection. Add utilities
identified by service providers to base sheets.
3. Develop construction plan sheets showing traffic signal poles,detector loops,
conduit runs, wiring diagram, and signal face locations. Develop plan view
sheets showing traffic signal indications, poles, and any traffic control signs
to be mounted on the traffic signal. Develop wiring diagram sheet showing
the number and type of electric wire runs between the signal controller and
indications. Develop traffic signal phasing based on projected traffic counts
developed during schematic design. Develop quantity estimate sheet.
4. It is understood that the project will include intersections controlled by
TxDOT. It is assumed for the purpose of this proposal that the existing
specifications used by TxDOT will be used for all intersection design plans.
F. Work items not included in this scope of services:
1. Confirm power source and prepare adjustment required for electric service.
2. Intersection manual turning movement counts or 24-hour intersection tube
counts that may be required.
3. Analysis(Synchro,PASSER,TRANSYT-7F,etc)for determination of splits or
cycle lengths.
4. Field adjustments to Traffic Signal Timing Plans.
6. MISCELLANEOUS STRUCTURES (Function Code 163):
A. Geotechnical Testing
The Engineer will provide geotechnical testing for pavement and structure design.
B. Work Items Not Included in This Scope of Services
1. Retaining Walls.
2. Sound Barrier Walls.
3. Overhead Sign Structures.
4. Falling Weight Deflectometer testing and analysis.
7. TRAFFIC CONTROL PLAN (Function Code 163):
Cft RUN
H\JOB\9610351N-RPROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOC 4 Ro RV '�9 f5ine 1 ,2001
A. - Prepare schematic construction sequencing and written narrative and submit to the
City and TxDOT for review.
B. Refine schematic construction sequencing and written narrative.
C. Prepare 65% complete traffic control plans and submit to the City and TxDOT for
approval. The traffic control plans shall consider and detail the following items:
construction sequencing; traffic flow patterns; traffic control devices; signing;
pavement markings;drainage;constructability requirements;and identify locations of
temporary retaining walls as may be required during construction. The traffic control
plans shall maintain, to the maximum extent possible, the quality of existing traffic
operations, and minimize the number of traffic moves.
D. Refine traffic control plans and narrative based on City and TxDOT comments and
prepare details, typical sections, traffic control devices, signing, and pavement
markings.
E. Prepare summary of temporary pavement markings and traffic control devices.
F. Design temporary drainage to replace existing drainage disturbed by construction
activities or to drain detour pavement. Prepare required profiles.
G. Perform a preliminary construction schedule to determine the approximate duration
of each phase of construction.
H. The traffic control plans shall consist of the following sheets:
Suggested Construction Sequencing and Traffic Control Plans
Miscellaneous Traffic Control Details
Traffic Control Quantity Summary
Detour Pavement Design
I. Work items not included in this scope of services:
1. Temporary shoring.
B. MISCELLANEOUS ROADWAY (Function Code 163):
A. Illumination:
1. Summarize illumination quantities.
2. Work items not included in this scope of services:
a) Confirmation of power sources.
b) Preparation of illumination layouts, electrical circuit layouts, details
and illumination foundation design.
C) Design or plan preparation for temporary illumination facilities
necessary for construction activities and temporary detours.
'�'r��'��l�',,�� SPK-uG�C
HUOB\9610351N11PROPOSAL\SCOPEOFSERVICES\96103501.SS1.Doc 5 une 19,2001
B. _ Prepare Stormwater Pollution Prevention Plans (SW3P)
C. Prepare National Pollutant Discharge Elimination System (NPDES) permit.
D. Prepare Quantities, Summaries and Cost Estimate.
E. Prepare Special Provisions and Special Specifications.
F. Coordinate production of General Notes through the City and TxDOT.
G. Prepare Traffic Signal Warrant Exhibits.
H. Work items not included in this scope of services:
1. Schematic design revisions and/or preparation.
2. Interchange Justification Report revisions and/or preparation
3. Landscaping and irrigation plans.
I. PS&E Submittal Preparation and Reviews:
1. 35% Review: Submit three (3) sets of preliminary plans to the City and
TxDOT for review and comments. The submittal will include typical sections,
plan & profiles for all alignments, preliminary bridge layouts, and overall
drainage map.
2. 65% Review: Submit three (3) sets of preliminary plans to the City and
TxDOT for review and comments. The submittal will include typical sections,
plan&profiles for all alignments, completed bridge layouts, drainage details
and hydraulic data.
3. 95% Review: Submit six(6)sets of review plans to the City and TxDOT for
review and comments. The submittal will include completed plans including
specifications, general notes and quantities.
4. 100% Submittal: Submit one(1)set of mylar originals and up to ten(10)sets
of prints of plans, specifications and estimate.
5. Deliverables
Provide the City and TxDOT with an electronic deliverable graphic tape of
substantially complete design documents (excluding standard drawings)for
this project. This tape shall be in an Intergraph Microstation format or
formats that are compatible with the computer system used by the City and
TxDOT.
9. STRUCTURE LAYOUTS AND DESIGN (Function Code 170):
A. Verify bent locations and coordinate structure type and span lengths with the City
and TxDOT.
(D ODD
HUOB\9610351NT\PROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOC 6
rO�V�`���` =,L� iptt�19 2001
B. - Prepare preliminary typical sections and layouts for the bridge as directed by the City
and TxDOT. Submit preliminary layouts to the City and TxDOT for approval.
C. Prepare final bridge layouts incorporating City and TxDOT comments and details.
D. Prepare preliminary bridge structure design and construction documents for review
by the City and TxDOT.
E. Incorporating the review comments of the City and TxDOT, prepare final bridge
structure design and construction documents.
F. Prepare summary of bridge quantities.
10. RIGHT-OF-WAY DATA AND UTILITY COORDINATION (Function Code 130):
This contract scope of services does not include right-of-way mapping. The right-of-way
requirements for this project will be estimated,mapped,and included for acquisition as part
of the North Tarrant Parkway- Phase 2 roadway design project.
A. Obtain right of entry documentation for private property requiring surveying.
B. Provide the City with required right-of-way and easement limits.
C. Coordinate with the City to determine existing and proposed utilities which are
located within the limits of the project.
D. Furnish roadway and drainage plans, profiles, sections and other pertinent design
data to the City for distribution to utility agencies for their review, comments and
design considerations. Only plans that have any bearing on said utility agencies
shall be furnished and only after certain completion milestones have been achieved.
These milestones are:
1. After receiving the City and TxDOT approval for the design schematic.
2. After the construction plans have been reviewed by the City and TxDOT at
the 65% complete submittal.
3. After the construction plans have been reviewed by the City and TxDOT at
the 95% complete submittal.
E. This Scope of Work does not include the task of field locating and exposing
underground utilities, but does include coordination with utility companies for locating
utilities.
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HUOB\9610351NT1PROPOSAL\SCOPEOFSERVICES\96103501.SS1.DOC 7 ne 19,2001
Attachment B
COMPENSATION
The Engineer shall be compensated a total lump sum fee of$706,992 for the project. Payment
of the lump sum fee shall be considered full compensation for the services described in
Attachment A for all labor, materials, supplies, and equipment necessary to complete the
services.
The Engineer shall submit monthly invoices to the City for all work performed under this
agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a
description of the tasks performed for that particular month, percent complete for each task,
amount budgeted for each task, portion of budget amount expended, previous bil ing totals, and
totals for invoice.
The following is a list of all of the firms and their fees in the contract:
Carter & Burgess
1) NTP/IH 35W Interchange $ 368,682
2) NTP Additional Scope of Services $ 140,913
Non-Labor Expenses 2,649
TOTAL $ 512,244
M/WBE PARTICIPATION —27.5%
Garcia &Associates
NTP/IH 35W—Survey, Roadway and Drainage Design $ 160,380
Non-Labor Expenses 867
TOTAL $ 161,247
Othon, Inc.
NTP Environmental Update 15,750
TOTAL $ 15,750
Terra-Mar, Inc.
NTP/IH 35W Interchange - Geotechnical 14,520
TOTAL $ 14,520
Trevino and Associates, Inc.
NTP/IH 35W Interchange—Plans Reproduction 3,231
TOTAL $ 3,231
GRAND TOTAL $ 706,992
k VA Q0 Y
H:UOB\961035INT\PROPOSAL\SCOPEOFSERVICES\IH35WNTP.DOC 10 0,)P J NE 18,2001
Attachment C
SPECIAL PROVISIONS
CONSULTING ENGINEERING CONTRACTS
• Changes of Work: The Engineer shall make such revisions in the work included
in this contract which has been completed as are necessary to correct errors
appearing therein when required to do so by the City without undue delays and
additional cost to the City.
If the City finds it necessary to request changes to previously satisfactorily
completed work or parts thereof, the Engineer shall make such revisions if
requested and as directed by the City. This will be considered as additional work
and paid for as specified under Additional Work.
• Additional Work: Work not specifically described under "Scope of Services" must
be approved by supplemental agreement to this contract by the City before it is
undertaken by the Engineer. If the Engineer is of the opinion that any work he has
been directed to perform is beyond the scope of this agreement and constitutes
extra work, he shall promptly notify the City in writing.
In the event the City finds that such work does constitute extra work, then the City
shall so advise the Engineer, in writing, and shall provide extra compensation to
the Engineer for doing this work on the same basis as covered under
Compensation and as provided under a supplemental agreement. The lump sum
fee shall be adjusted if additional work is approved by supplemental agreement
and performed by the Engineer.
• Cost principals must be based on the provisions of 48 CFR Chapter 1, Part 31
Federal Acquisition Regulation (FAR 31).
C-1
u Leo J^'ll:'�O lly �l7q�o
City of Fort Worth, Texas
avagor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/10/01 **C-18648 1 20CARTER 1 of 2
SUBJECT ENGINEERING SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO
PREPARE PLANS AND SPECIFICATIONS FOR A CONGRESSIONAL HIGH
PRIORITY PROJECT FOR A NEW INTERCHANGE AT IH-35W AND NORTH
TARRANT PARKWAY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
agreement with Carter & Burgess, Inc. to prepare plans and specifications for a Congressional High
Priority project for a new interchange at IH-35W and North Tarrant Parkway for a lump sum fee of
$706,992. The City will be reimbursed 80% of the costs by the Texas Department of Transportation
(TxDOT) to prepare the plans and specifications.
DISCUSSION:
On June 5, 2001 (M&C G-13261), the City Council approved a resolution authorizing execution of a
Local Transportation Project Advance Funding Agreement with TxDOT for a Congressional High Priority
project for a new interchange at IH-35W and North Tarrant Parkway. The City's portion of funding for
this project was included in the Underfunded Critical Capital Projects Report presented to and endorsed
by the City Council on December 12, 2000.
The final design plans for the roadway are 95% complete. TxDOT anticipates a letting for construction
in December 2001. In order for the roadway to connect to the interstate, a new interchange needs to
be constructed at IH-35W and North Tarrant Parkway. Attached is a map that illustrates the location of
the new interchange.
Under the terms of the TxDOT agreement, the scope of work for the new interchange at IH-35W and
North Tarrant Parkway consists of the following:
• TxDOT will fund 100% of the construction of the North Tarrant Parkway bridge over IH-35W
including approaches; and
• The City will fund 100% of the construction of the ramps and frontage roads above the fixed
amount of federal funding which is $5,385,453, less all applicable preliminary engineering
charges for the development of the plans, specifications, and estimates package; and
• The City will provide the plans, specifications, and estimates package for construction of the
interchange including the bridge, ramps, and frontage roads; and
• The City will be reimbursed 80% for the development of the plans, specifications, and estimates
package; and
• The City's share of this project, estimated to be $931,918, will be considered for reimbursement
by the proposed IH-35/Dell Tax Increment Financing District as that program is further
developed.
City of Fort Worth, Texas
4tayor And Council Communicaflon
DATE REFERENCE NUMBER LOG NAME PAGE
7/10/01 **C-18648 20CARTER 2 of 2
SUBJECT ENGINEERING SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO
PREPARE PLANS AND SPECIFICATIONS FOR A CONGRESSIONAL HIGH
PRIORITY PROJECT FOR A NEW INTERCHANGE AT IH-35W AND NORTH
TARRANT PARKWAY
Carter & Burgess, Inc. was selected by the City to prepare the plans and specifications for the project.
The lump sum fee for the project is $706,992. Staff considers this fee to be fair and reasonable for the
scope of services to be performed,
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 28% M/WBE
participation. The City's goal on this project is 28%.
The project is located in COUNCIL DISTRICTS 2 and 4, Mapsco 35B.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
MG:k
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Mike Groomer 6140 CITY COUNCt
Originating Department Head: v
Hugo Malanga 7801 (from) �t1L 10 2001
Additional Information Contact:
C115 531200 020115021218 $706,992.00
City Se=etary of*6
City of Fort Worth.Texas
Hugo Malanga 7801