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HomeMy WebLinkAboutContract 33782 CITY OF FORT WORTH, TEXAS U�ZILL-_ STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Lancaster Pedestrian Bridge Phase I Conceptual Design. 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 paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liab' ' o CITY for----- delays or damages caused the CITY because of such s'' pension of_!,K'.' services. 07-20-06 PO4 : 04 Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. ENGINEERING AGREEMENT March 2006 Page 2 of 15 � �I � y7 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent ENGINEERING AGREEMENT March 2006 Page 3 of 15 conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ENGINEERING AGREEMENT March 2006 Page 4 of 15 J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subcon- sultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $$2,000,000 aggregate Automobile Liability $1,000,000 each accident or $250,000 property damage $500,000 bodily injury per person per accident ENGINEERING AGREEMENT March 2006 Page 5 of 15 A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned during the course of this 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 $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract (Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage 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. ENGINEERING AGREEMENT March 2006 Page 6 of 15 (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. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. (j) 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. (k) 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. (1) 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. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. ENGINEERING AGREEMENT March 2006 Page 7 of 15 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an 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. ENGINEERING AGREEMENT March 2006 Page 8 of 15 I! 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. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. ENGINEERMarch 0061NGAGREEMENT 1 F�11 1°,l �(ul'7„10) Page 9 of 15 ",+ r�,;itlIF (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection 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. ENGINEERING AGREEMENT March 2006 Page 10 of 15 (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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 ENGINEERING AGREEMENT March 2006 '� 1 Page 11 of 15 a � (1) The CITY may terminate this agreement for its convenience on 30 days' written notice. Either the CITY or the ENGINEER for cause may terminate this AGREEMENT if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; 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 and hold the CITY harmless for 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). ENGINEERING AGREEMENT March 2006 Page 12 of 15 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. 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. ENGINEERING AGREEMENT March 2006 Page 13 of 15 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. 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 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING AGREEMENT March 2006 Page 14 of 15 ­0 Executed this the Y a of 2006. j - -6-*N ATTEST: CITY F FORT WORTH By: Marty HendrixO Libby Watson City Secretary Assistant City Manager contrac- uthor'zatiob, mare A O AL R CO ENDED ndle Harwo , A tin i ctor Parks and Co munity SerV es Department APP ED AS T M AND LEGALITY Assistan it Attorn y ATTEST: ENGINEER: Freese an Nichols, Inc. By: / -tzd, Robert F. Pence, P.E., BCEE /lot President and CEO STANDARD ENGINEERING AGREEMENT(REV 10/06/05) �typp Page 15 of 15 �9° ��-'�l' Vit ' ��•! ,n 7L„+lug ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC. FOR LANCASTER AVENUE PEDESTRIAN BRIDGE PHASE I - CONCEPTUAL DESIGN GENERAL SCOPE OF SERVICES SECTION 1 - DESCRIPTION OF PROTECT,AGREEMENT AND SCHEDULE This Project consists of the conceptual design of a pedestrian bridge crossing the Trinity River just upstream of the Lancaster Avenue bridge near downtown Fort Worth. The conceptual design will involve the evaluation of multiple bridge conceptual design options in order to eventually select one design. This conceptual design is anticipated to be Phase I of the overall pedestrian bridge project, with Phase II being the development of construction documents and construction administration for the bridge. SECTION 2 - BASIC SERVICES This section describes the services FNI will provide as Basic Services. I. INITIAL WORKSHOP a. Conduct an initial workshop with stakeholders designated by the CITY to gather input in order to develop at least three bridge options. b. Pre-Planning i. Send a notice to stakeholders to communicate expectations on what the initial workshop will be. ii. Obtain existing data, including survey, geotechnical investigation report, Lancaster Bridge drawings, hydraulic data, and a description of funding sources or grants. iii. Evaluate previous geotechnical investigation report to develop preliminary design criteria suitable for a preliminary foundation design. iv. Prepare additional topographic survey of the site. v. Photograph the site from several vantage points using the services of a professional photographer. vi. Understand funding sources and any related limitations or requirements. vii. Verify critical dates, such as funding deadlines or City Council meetings. Attachment A-1 TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc viii. Conduct a pre-approval meeting with the USACE to determine environmental permitting requirements ix. Determine any urban design standards that could apply to the bridge c. Organize and lead the initial workshop with the following possible attendees. Miguel Rosales of RGA Transportation Architects, a subconsultant to Freese and Nichols, Inc. on this project, will attend and help lead this workshop. i. City of Fort Worth Parks and Community Services Department ii. City of Fort Worth Planning Department iii. Streams and Valleys, Inc. iv. Tarrant Regional Water District v. TxDOT vi. US Army Corps of Engineers vii. Downtown Fort Worth Inc. viii. Cultural District Development Initiative ix. Associated Businesses of Cultural District x. South of 7th Development xi. Pier 1 xii. Rotary Club of Fort Worth d. At the workshop, cover the following agenda items: i. Introductions ii. Overview of the conceptual design process iii. Overview of trail system 1. Existing 2. Future, especially into downtown 3. Importance to Fort Worth and to each group 4. Relocated Rotary Park iv. Characteristics of Lancaster pedestrian bridge site 1. Trails 2. Trailhead on east bank(obtain the latest trailhead design) 3. Underground utilities 4. Topography 5. Geology 6. Hydraulics v. Desires and goals for the project 1. Key issues for each stakeholder 2. Budget: $845,000 3. Schedule a. Conceptual phase b. Final design phase c. Construction phase d. TxDOT reviews e. USACE permits e. Prepare exhibits for the workshop, including: i. Panoramic photos of the site from at least four viewpoints 1. From the trails on west side facing north 2. From the trails on west side facing south Attachment A-2 0FFI l; TA\Fort Worth\Parks Dept Ped Bridge\Contract\Attachment A-Pedestrian Bridge Scope.doc „ 3. From Forest Park on east side facing north 4. From Forest Park on east side facing south 5. From Lancaster Bridge ii. Aerial photo of site with: 1. Topography 2. Underground utilties 3. 2, 5, 10, and 100 year flood elevations iii. Trail system map showing Cultural District, downtown, Mayfest area, Trinity Uptown project, and South of 7th development. iv. Cross-section of site showing geology, terrain, flood elevations, existing Lancaster bridge, Forest Park Blvd, trails f. Conduct follow-up meetings with various stakeholders to discuss action items and issues brought up during the initial workshop that need to be addressed in order to develop the conceptual design options. This may involve private meetings or additional presentations. II. DEVELOPMENT OF CONCEPTUAL DESIGN OPTIONS a. Based on the input received at the initial workshop, develop at least three bridge design options to be presented at a public meeting. Concepts shall include a range of bridge styles and costs, including a simple prefabricated bridge, a custom fabricated bridge, and a unique landmark bridge. At least two options shall reflect the construction cost estimate of approximately $845,000. b. Conceptual designs shall reflect the following minimum design standards: i. Minimum ten foot wide concrete bridge deck with steel structure. ii. Railings and slopes in accordance with ADA/TAS for accessibility. iii. Bridge deck and trail ramps and ancillary connection trails to conform to the TxDOT Standard Specifications for Construction of Highways, Streets and Bridges and the AASHTO Guide for Development of Bicycle Facilities. iv. The conceptual designs options shall also incorporate the site footprint of the future Rotary Park development. Incorporate ancillary site amenities to enhance and complement the bridge location adjacent to the existing parking area. c. Develop three-dimensional renderings, cost estimates, PowerPoint presentation, display boards, and narratives for each option. Computer animations of the bridge design options are not anticipated at this time, but can be prepared as an Additional Service. d. Present conceptual design options first to the CITY and any other stakeholders designated by the CITY to determine if the options are suitable for presentation to the public and all stakeholders. e. Issue a notice for a public meeting to present the conceptual designs, including news releases, articles in stakeholders' newsletters, additions to the PACSD Web site, and postcards to up to 500 people. f. Present conceptual design options in a public meeting to receive feedback on the various design options, and perhaps narrow down the selection to one or two Attachment A-3 TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc options. Miguel Rosales of RGA Transportation Architects will attend and help lead this public meeting. i. Exhibits to be presented: 1. PowerPoint presentation showing all options with pros and cons, and cost estimates. 2. Boards showing 3D renderings for each option. 3. Other exhibits developed previously for the initial workshop. g. Conduct follow-up meetings with various stakeholders to discuss action items and issues brought up during the conceptual design meeting that need to be addressed in order to finalize the conceptual design. This may involve private meetings or additional presentations. III. FINALIZE CONCEPTUAL DESIGN a. Based on the feedback received at the first public meeting that presented the conceptual design options, and together with the CITY, select one final conceptual design for further development and presentation at a second and final public meeting. b. Incorporate comments into the final design option selected. c. Verify structural and hydraulic design. d. Prepare preliminary structural calculations. e. Prepare preliminary foundation design. f. Prepare schematic plans, sections, and elevations, including principal dimensions of all structural members. g. Prepare final 3D renderings, boards, and PowerPoint presentation. h. Develop three-dimensional renderings, cost estimate, PowerPoint presentation, display boards, and narrative of the final conceptual design. Computer animations of the final conceptual bridge design are not anticipated at this time, but can be prepared as an Additional Service. i. Present final conceptual design first to the CITY and any other stakeholders designated by the CITY to determine if the design is suitable for presentation to the public and all stakeholders. j. Issue a notice for a public meeting to present the final conceptual design, including news releases, articles in stakeholders' newsletters, additions to the PACSD Web site, and postcards to up to 500 people. k. Present final conceptual design in a public meeting to receive feedback. Miguel Rosales of RGA Transportation Architects will attend and help lead this public meeting. i. Exhibits to be presented: 1. PowerPoint presentation and cost estimates. 2. Boards showing 3D renderings for each option. 3. Other exhibits developed previously for the initial workshop and conceptual design options meeting. 1. Conduct follow-up meetings with various stakeholders to discuss action items and issues brought up during the final conceptual design meeting that need to be addressed in order to completely finalize the conceptual design. This may involve private meetings or additional presentations. Attachment A-4 TAFort Worth\Parks Dept Ped Bridge\Contract\Attachment A-Pedestrian Bridge Scope.doc in. Incorporate feedback from the conceptual design presentation into the final conceptual design. It is anticipated that only involve minor changes will be incorporated at this stage, although major changes can be incorporated as an Additional Service. SECTION 3 -ADDITIONAL SERVICES ADDITIONAL SERVICES: Additional Services to be performed by FNI,if authorized by CITY, which are not included in the above described basic services, are described as follows: A. Any services not called for under the Basic Services above, including the development of construction documents. B. GIS mapping services or assistance with these services. C. Geotechnical investigation. This investigation is anticipated to be completed in Phase H— Construction Documents of this Project. D. Preparing applications and supporting documents for government grants,loans,or planning advances and providing data for detailed applications. E. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. F. Design, contract modifications, studies, or analysis required to comply with local, State, Federal, or other regulatory agencies that become effective after the date of this agreement. G. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. H. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies,courts, arbitration panels or any mediator,giving testimony,personally or by deposition,and preparations therefore before any regulatory agency,court, arbitration panel or mediator. SECTION 4—TIME OF COMPLETION TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services within 14 weeks from the notice to proceed. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals,etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. SECTION 5—RESPONSIBILITIES OF CITY Attachment A-5 r o� T:\Fort Worth\Pazks Dept Ped Bridge\Contrac[Wttachment A-Pedestrian Bridge Scope.doc i RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as CITY's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret, and define CITY's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as CITY may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as CITY may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as CITY may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance,code or order applicable to their furnishing and performing the work. Attachment A-6 TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc SECTION 6—DESIGNATED REPRESENTATIVES FNI and CITY designate the following representatives: CITY's Designated Representative— Mike Ficke, RLA 4200 South Freeway, Suite 2200 Fort Worth, TX 76115-1499 Phone: (817) 871-5746 Fax: (817) 871-5724 E-mail: mike.ficke@fortworthgov.org FNI's Project Manager— John Dewar, P.E., S.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: (817) 735-7431 Fax: (817) 735-7491 E-mail: jfd@freese.com FNI's Accounting Representative— Sharon James 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: (817) 735-7298 Fax: (817) 735-7491 E-mail: sdj@freese.com Attachment A-7 TAFort Worth\Parks Dept Ped Bridge\ContraeftAttachment A-Pedestrian Bridge Scope.doc m m o 0 o a o n o a .Am y o o 'C[ m O O m m O O N O N n 0 z IL to ~ V 0 0 0 0 0 0 O n T c � o o n O ( o ri c O m v cmori N O co (� b9 Go G i i 1 ( y o In o m co comr- cm N � v � o � ao 69 Q9. 69 d N 2 rn m m N i ('1 N R co � N y � 7 i = U N ti a, (� N LO � y i , (9 V O O 1n rQ'0� O 10 O NM 00 cm n C.) � � O M% N � i i , i i ❑ m to � C y U) o N co) = 4 N M � i N (qfO+7 O am fA N NfA -. IT C (n O CD m N C c❑ i C o W C L t=Q U N i O Q L a o m ami m 7 m O ' in D_ HCl f!) y O to a n (� o N� o N a N U � m v (» iaZ4m(a en ;� N» f 'mo p Cl) aG1 c v► - Ec N 4 'm o� .a9 $ n L U o o C _ 3 fl " k Op4rn R oo I`q "T v � � c m LL V O RI y N in � m) N cq Y e30 " •; o m o� fD = c •• o m c x o m E U l m m C m v m o c o t o C E y o A) (n =° dx T to N W m y U C G J ++ a O N N Q a =' a' aw �nci Q) h" N z N O O O Nai d U lj cli 3 CO N � Z ? v a ca m _O U C 3 J U 3 v° m 2� � tL .O.N LO co Co nD W co co co O R. coN6 MCA � (q�b OO \ fn` fn \ E9 HT H v 3 LO M 3 V co 00Lo OCD M �tMfl 64)- 0 CO Il N co N M CO --0 O fH M N ER fR 6% E9 7 O V U E»t» 6% r n Y 0Nr LO 0 3 Cl) N OCD CD Co -O,� MND MEn� O to t9 cm69 C11 V 3 V Cl) O O Ln O Cp M co I- 0 40 O O CD O CO n N Lc) CA N O n Y M Ln O U ff! N 04 43 fA EA EA n 6%m Q Cl! N 613, o. Ci Ln Ln 41 93� IVY co N O Co 0 O r M r' V Co O 0 q - H�4 co � OND 6%613. 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Q3 In C) M0000000 V 0000 ~ y N I� 0 0 m 0 0 0 CA CO O O CO 0 0 0 0 N O in Ci OD coODV to Co LOO CO LOOOO CAMM0 O Y'O J V r N N CA C9(9 7 69.r to 64).6a I- N O fR FA H3 ffl EA 69 E9 GH EA 6/3 613,6% M C 0 O a O i U N v v e m � W t r c y ~cm VN mE a _CL CL Oc'E Z • OUN cL Lu :3 C6 OU C waV mia7 QFQc" OcO O N V 0 'O 0 r ca C dL � 3o m > � mn ¢ ara �N N z co 2 7,11.1"'. . rl 000pr NM O2 V to NN `Zr CCO r r r r r r r r r N C "oja 'fl Ja�SEW/M J3�SBw U)W s=soo 6u�=u�Jd ' s=soo paui�ap�asn liaindwoo cq sgng olm sgns U- L.� �r•.^�..1 iii rl' rU� L-A ^ P Project Mgmt . � ' �� !^��� $4,823 No sheets Hours CAD Hours Cost ---Group Manager ----Engineer ly Engineer) - - Technician lit Task John F.Dewar Peter A.Bartels James K.Johnso Wo d Processor M chael Lawrenc 'Phase 'No. Task Description 1 Drafting by sheet,input below 2 Setup project,subcontracts 2.0 2.0 $442 O 3 Kick-off meeting 1.0 $165 O 4 Pre-planni2q 2.0 $331 y 5 Pre-approval with LISACE 0.5 $83 Y 6 Prepare for workshop 1.0 $165 7 Workshop 3.0 $496 8 Informal mt s with stakeholderc 1.0 $165 m SUBTOTALS 10.5" 2.0 $1,847 1 Drafting by sheet,input below 2 Develop presentation on comet 2.0 $331 3 Prepare for meeting 1.0 $165 4 Design options meeting 3.0 $496 2 5 Informal mt s with stakeholder,- 1.0 $165 6 Review design concepts 2.0 $331 O V O d SUBTOTALS 9.0. $1,488 1 Drafting by sheet,input below 2 Informal mt s with stakeholder 1.0 $165 3 Develop presentation 2.0 $331 4 Prepare for meeting 1.0 $165 u5 Final meeting 3.0 $496 6 Finalize conceptual design 2.0 $331 O V m G tl - SUBTOTALS 9.0 r.; $1,488 SUBTOTALS SUBTOTALS GRAND TOTALS 28.5 2.0 $4,823 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc1 Hydraulics $3,054 No sheets Hours CAD Hours Cost ..Geotechnical Engineer Geotechnical Engineer - Group Manager.. ,Hydrologist Iv Vi Engineer V vi Task John L Rutledge Gabriel Glenn Charles N.Easto Davk1 A aoseck Charles N.East Phase No. Task Description 1 Drafting by sheet,input below 2 Research regulations 1 4.0 $352 O 3 Develop eotech recommendations 3.0 $452 O t Y G SUBTOTALS 3.0 3.0 $804 1 Drafting by sheet,input below 2 Hydraulic models of each 2.0 16.0 $1,793 O. O O G O V O. O d d SUBTOTALS 2.0 16.0:, (1,793 1 Drafting by sheet,input below r %! 2 Finalize model 1.0 3.0 $457 Q O O G O V W G tL SUBTOTALS f 0 3.0 SUBTOTALS SUBTOTALS GRAND TOTALS 3.0 23.0 3.0 $3,054 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc2 Public Involvement $3,300 No sheets Hours CAD Hours Cost PdPulNic lnvoheinenP Muldmedia Web Marketing-Comm Mgr ..Coordinator Student -Services Admin GraPliiCDMigner' Task Kenneth Mark Vpul lRman Valer a Ann Coo James Rxhard William Robert N Phase No. Task Description ' 1 Drafting by sheet,input below 2 Powerpoint background 4.0 $180 0 t Y SUBTOTALS 4.0 slid 1 Drafting by sheet,input below 2 Write/Design Postcard 0.5 6.0 $571 3 Print Postcard,500 2.0 $168 4 Mailing list management,500 1.5 $34 5 Label,stamp,mail,500 5.0 $113 C 6 Compile stakeholders list 4.0 $336 V 7 Prepare Notice 4.0 $336 n 8 Write Release 0.5 1.0 1 $151 0 9 Release distribution list 1.0 $84 10 Distribute release 1.0 $84 0 11 Internal meetings 1.0 $84 12 Attend public meeting 3.0 $252 SUBTOTALS 1.0 23.0 6.5 ^i2.213 1 Draftin by sheet,input below :j 2 Prepare Notice 4.0 $336 3 Write Release 0.5 1.0 $151 4 Release distribution list 1.0 $84 ani 5 Distri release 1.0 $84 G 6 Attend public meeting 3.0 $252 0 U m C SUBTOTALS 0.5 r 10.0 <. ., $90 SUBTOTALS SUB-TOTALS GRAND TOTALS 1.5 33.0 6.5 4.0 $3,300 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc3 Planninq $8,550 7 sheets Hours CAD Hours Cost Group Manager Planner lv Architectural Intern lit Architectural Intem Iii Planner Iv Task ,Alfred Vidaurri,JrWendy Dawn Sha Homer Saenz Homer Saenz Wendy Dawn Sha Phase No. Task Description 1 Drafting by sheet,input below ;%' 'i /%'-'% ';^ %'//; ;// i/r i--'li%%' 27.0 $2,881 2 Workshop 6.0 $640 4 0 r N Y ie G SUBTOTALS 6.0 27.0 $3,521 1 Drafting by sheet,input below 2 Prefab bridge rendering(Claudio) 26.0 $2,254 3 Develop presentation on concepts 1.0 $107 4 Prepare for meeting 3.0 $320 5 Design options meeting 6.0 $640 C 6 Informal mt s with stakeholders 3.0 $320 0 U C 0 m a m O SUBTOTALS 13.0 26.0 $3,641 1 Drafting by sheet,input below 2 Develop presentation on concept 1.0 $107 3 Prepare for meeting 3.0 $320 C 4 Final design concept meetin 6.0 $640 Q 5 Informal mt s with stakeholders 3.0 $320 C O U w c ii SUBTOTALS 13.0 $1,387 SUBTOTALS SUBTOTALS GRAND TOTALS 32.0 26.0 27.0 $8,550 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc4 Input sheet titles,numbers,and hours to draft: CAD Drafting Hours by Phase Develop Sheet Title Sheet No. Initial Workshop Concepts Final Concept 1 Trail system overview 3.0 2 Aerial with utilities,topo 3.0 3 Cross-section of site 5.0 4 So7th 4.0 5 Rotary Park 4.0 6 Other 4.0 7 Other 4.0 Total Drafting Hours: 27.0 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc4 Enviro Science $425 No sheets Hours CAD Hours Cost Environmental Scientist Vii Program Administrator Env Scientist Vi Program Administrator Env Scientist Vi Task Steven P.Watt!r V Karen W.Scott Randall L.Howar Karen W.Scott Randall L.HowarD Phase No. Task Description 1 Drafting by sheet,input below "%/ /%/' / ✓""" -> / / ? /. ;% //; 2 Pre-approval mtg USACE 2.0 $283 O 3 Research regulations 1.0 $142 O L h Y 1p SUBTOTALS 3.0 $425 1 Drafting by sheet,input below _N O. 01 U O V O. O v d O SUBTOTALS 1 Drafting by sheet,input below Q v O V �0 tL SUBTOTALS SUBTOTALS SUBTOTALS GRAND TOTALS 3.0 $425 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc5 Structural $1,680 No sheets Hours CAD Hours Cost Engineer Vi Group Manager Engineeriv:. Engineer Task Antonio Diaz ]ohn F.Dewar .Pe[e B els �� James K.]ohnso Phase No. Task Description 1 Drafting by sheet,input below n 0 z N Y G SUBTOTALS 1 Drafting by sheet,input below 2 Prefab bridge cost/concept 1.0 4.0 $560 __3 Develop structural forces 1.0 4.0 $560 a 4 Design prelim foundation 1.0 4.0 $560 a� v c 0 U a 0 a� a m SUBTOTALS 3.0 12.0 $1,680 1 Drafting by sheet,input below m v c 0 U is c i- SUBTOTALS 77=- SUBTOTALS SUBTOTALS GRAND TOTALS 3.0 12.0 $1,680 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc6 Construct Services $416 No sheets Hours CAD Hours Cost Construction Contract Construction Contract Constructlon Contract Construction Contract Construction Contract Admin li Admin It Admin I Admin I Admin It Task Paul D.Kellner James F.Johnsor Darren 5.Hibbs Roddy Wayne Cm Stephen W.Ecke Phase No. Task Description 1 Drafting by sheet,input below 4 O t N Y i SUBTOTALS 1 Drafting by sheet,input below /-/ / / i/ 2 Cost estimates 4.0 $277 N Q d V O V O d d O SUBTOTALS 4.0 $277 1 Draftingby sheet,input below 2 Cost estimates 2.0 $139 4 m V O V W Ll SUBTOTALS 2.0 $139 SUBTOTALS SUBTOTALS GRAND TOTALS 6.0 $416 4/19/2006,9:28 AM Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc7 FROM ROSALES_GOTTEMOELLER _ FAX N0. 6172477139 Mar. 17 2006 01:17PM Pi P "F 671 i>aw3 I t 7 Il L pages► 1 — o .1f•�'^ �. . From f iY1l4UcL �t�(CS, - o./Dept. iS Co. 9:A Phone n l )--7 5_7`�?jj Phone)) Texas Deparmer �t7. DEWITT C,GREER STATE HIGHWAY BLDG. • 125 E.1` '— March 23, 2005 (512) 486-5537 VN 12002 Mr. Miguel Rosales, Owner Rosales Gottemoeller&Associates, Inc, 305 Newbury Street, Suite#21 Boston, MA 02115 Dear Mr. Rosales: This refers to your firm's certification with this Department's Disadvantaged Business Enterprise . (DBE) Program. Based on the information provided by your firm in accordance with 49 CFR 26 requirements and your home state (Massachusetts Unified Certification Agency or SOMWBA) concerning current D13E Program certification, your firm will continue to be approved as a DBE through June 2006 (this expiration date is one month after your home state certification expires). Your firm is eligible to participate as a DBE statewide in the following work function(s): Professional Services:Architecture Miscellaneous: Facilitators for Community Participation in the Design of Bridges (NAICS code(s):238990 8.54131 of Your firm will be included in this Department's next DBE Directory. The directory is on the INTERNET and listed in the "e-Business" Section of the Department's web page at "wvwv.dot.stste.tx.us"and in the TUCP Directory. NOTE: This Department's policy is: "A firm must be precertified prior to being awarded a professional services contract with TxDOT." Precertification is handled by this Department's Design Division at (512)416-2218. Your firm is not currently listed in the Precertification Directory. NOTE: Your firm has applied for the work category of Architecture and it is not currently listed with the Texas Board of Architectural Examiners (TBAE). Texas Administrative Code, Rule 1.124 indicates that "...each business entity or association that offers or provides architectural services in Texas must register with the Board..." The TBAE can be contracted at (512) 305-9000. Changes in ownership, management control, or contact address or phone numbers must be submitted within 30 days of the change. Failure to notify the certifying agency of significant changes'can result in your firm being removed from the DBE Program. We will contact you annually for verification of no changes in your firm's status. If we can be of further assistance regarding the DBE program or TUCP, please feel free to contact me at the telephone number listed above and referring to VN 12002. Sincerely, Uoto � i 7 1;7 .� TUCP R. D. Brown, M-A., Program Specialist Business Opportunity Programs Section Construction Division NOTE: The TUCP includes the City of Austin, Corpus Christ? Regional Transportation Authority, City of Houston, North Central Texas Regional Certification Agency,and South Central Texas Regional Certification Agency. MAR-17-2006 11:35 An EouaJ Opportunity Empicyor 6172477139 96r, P.01 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/11/2006 DATE: Tuesday, July 11, 2006 LOG NAME: 80LANBRIDGE REFERENCE NO.: C-21566 SUBJECT: Authorize the Execution of a Professional Services Agreement with Freese and Nichols, Inc. for Phase I Conceptual Design of the Lancaster Pedestrian Bridge RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Freese and Nichols, Inc. in the amount of $64,300 for Phase I - Conceptual Design for the proposed Lancaster Pedestrian Bridge. DISCUSSION: In November 2001, the City was notified that the South of Seventh project had been selected for funding under the Transportation - Land Use Joint Venture Grant Program established by the North Central Texas Council of Governments. On January 28, 2003, (M&C C-19453) the City Council approved an Economic Development Program Agreement with So7#1, L.P. outlining the proposed expenditures of those funds. A portion of those funds, $1,078,243, was earmarked for the construction of a pedestrian bridge connecting Trinity Park to the downtown Central Business District. Because this pedestrian crossing is included in the Trinity River Vision, the City approached the Tarrant Regional Water District (TRWD) to consider this project in conjunction with the work being planned for the Trinity Uptown Project. This crossing provides an important link from the Cultural District to the future Trinity Uptown. Integrating this crossing into the design and construction of the Trinity Uptown project will ensure proper design with minimal impact to future planned improvements being undertaken by TRWD. An April 26, 2005, (M&C C-20682) the City Council authorized the City Manager to enter into an Interlocal Agreement with the TRWD to assist in the design and construction of this pedestrian bridge. Under the grant guidelines the City was required to competitively select the design consultant. The Parks and Community Services Department (PACSD) initiated the design portion of the project and publically advertised for Statement of Interest/Qualifications from firms in November 2005. Upon review and subsequent interviews held in February 2006, the project interview panel, comprised of representatives from TRWD, Streams and Valleys, Inc. and the City's PACSD, Planning and Transportation/Public Works Department selected Freese and Nichols, Inc. as the most qualified firm to perform design services for this project. Freese and Nichols, Inc. shall perform Phase I - conceptual design services for a fee of $64,300 to assess and present various conceptual designs for public review. Phase I - Conceptual Design is expected to be completed by December 2006. Upon selection of the preferred conceptual design, PACS and Freese and Nichols, Inc. will negotiate scope of services for the final design and preparation of construction documents for construction by TRWD forces. M/WBE - Freese and Nichols, Inc. is in compliance with the City's M/WBE ordinance by committing 47% http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006 Page 2 of 2 M/WBE participation. The City's goal on this project is 10%. The Lancaster Pedestrian Bridge project is physically located in COUNCIL DISTRICT 9; however, it will serve all citizens. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 531200 017302898010 $64,300.00 Submitted for City Manager's Office by Libby Watson (6199) Originating Department Head: Randle Harwood (Acting) (5704) Additional Information Contact: Mike Ficke (5746) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006