HomeMy WebLinkAboutContract 35739 CITY SECRETARY
CONTRACT NO. �
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and (the
"ENGINEER"), for a PROJECT generally described as: TEXAS MOTOR SPEEDWAY
(TMS)AREA TRANSPORTATION PLAN.
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 liability to CITY for delays or damages caused the
CITY because of such suspension of services.
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ORIGINAL
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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.
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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
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
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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.
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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 on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$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 shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) 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 in 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 forty-five (45) 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.
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(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
(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.
Q) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims-
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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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
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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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.
(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.
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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 contractors 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.
(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
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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 CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER.
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 ENGINEERSs 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).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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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.
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.
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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 during the term of this AGREEMENT 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
Attachment D - Project Schedule
Executed this the *day o Q2007.
ATTEST: CITY OF FORT ORTH
f�\Ait� By:
Marty Hendrix Marc A.
City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LE LITY '
Amy Ra y, Robert D. Goode, P.E., Director
Assista City Attorney Transportation/Public Works Dept.
cc": cc uthorization
ATTEST: Kimley-Horn and Associates, Inc.
nary
By: � ��1a
Cole Webb, P.E.
Assistant Secretary
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�~�'
ATTACHMENT "A"
SCOPE OF SERVICES
TEXAS MOTOR SPEEDWAY (TMS) AREA TRANSPORTATION PLAN
FORT WORTH, TEXAS
PROJECT UNDERSTANDING
The ENGINEER understands that the CITY is currently undertaking a Texas Motor
Speedway (TMS)Area Master Plan. The TMS Area Master Plan will assess economic
and environmental impacts of the area and recommend compatible land-use and
infrastructure improvements for future development surrounding TMS. To complement the
TMS Area Master Plan, a transportation planning component is needed. The study area
has been defined as FM 407 to the north, Litsey Road to the south, FM 156 on the west,
and US 377 on the east.
The goal of the transportation study is to identify and document existing and anticipated
deficiencies in transportation services and transportation infrastructure around the Texas
Motor Speedway. All of the modeling support will be provided from the North Central
Texas Council of Governments (NCTCOG). Components of the area transportation
system include the following:freeways, highways, arterial streets, public transportation
(bus and rail), pedestrian, and bicycle systems.
This scope of services will provide the CITY with the transportation study needed to
complement the TMS Area Master Plan.
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the CITY and ENGINEER
shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not
proceed with work on any additional services prior to the CITY and ENGINEER executing
a written amendment. The Scope of Services includes the following primary tasks:
• Task 1 — Data Collection
• Task 2— Data Review
• Task 3—Transportation Modeling
• Task 4— Railway Alignment Study
• Task 5—Cost Benefit Analysis and Project Prioritization
• Task 6—Documentation
• Task 7 —Presentation of Findings
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Task 1 — Data Collection
The ENGINEER will work with the CITY to collect the following data:
• Latest version of the proposed SH 114 Schematic within the Study Area;
• SH 114 Schematic Analysis conducted by TCB in December 2006;
• Latest version of the proposed FM 156 and BNSF rail realignment immediately north
of Alliance Airport;
• TxDOT's most current contra-flow traffic management plan for TMS event weekends;
• Latest version of the proposed IH-35W Managed Lanes schematic;
• Most recently available orthophotos of the study area in .sid format;
• NCTCOG 2-foot contours for the study area in GIS format;
• FEMA Floodplain information for the study area in GIS format;
• Readily available above ground franchise utility information;
• Appraisal district parcel data for the study area in GIS format;
• Current City of Fort Worth water and sewer maps for the study area;
• CITY Mobility and Air Quality (MAQ) 2030 transportation network currently under
study;
• NCTCOG 2015 and 2030 transportation networks contained in the Mobility 2030 Plan;
and
• All recent CITY and TxDOT traffic counts within the study area (e.g. along IH-35W, SH
114, FM 156, Litsey Road, Eagle Parkway, and FM 407.
The CITY will provide the ENGINEER with the following demographic data:
• Regionally approved demographic data for analysis years 2015 and 2030 in a format
suitable for use with the regional travel demand model; and
• Alternative demographic data set for analysis years 2015 and 2030 (as developed by
the CITY Planning and Development and Transportation/ Public Works departments).
Task 2— Data Review and Preliminary Analysis
The ENGINEER will review the data collected in Task 1 relevant to the study area. Any
additional data requests will be provided to the CITY. If the CITY concurs with the need
for any additional data, the CITY will collect the additional information or authorize the
ENGINEER to perform additional services and collect the additional information.
Task 3— Modeling
The CITY will coordinate with the NCTCOG to provide the modeling results for the
scenarios listed below in GIS format. All modeling work will be performed within the
TransCAD software by NCTCOG.
• Two (2) model runs (one for 2015 and one for 2030) using the regionally approved
demographic data under the Mobility 2030 Plan (which received federal conformity on
June 12, 2007).
• Two (2) model runs (one for 2015 and one for 2030) using the alternative demographic
scenario developed by the CITY in Task 1 and a modified Mobility 2030 network. The
ENGINEER will provide recommendations to the CITY on potential roadway network
modifications that should be included in the Mobility 2030 Plan.
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• After reviewing the results of the model runs using the regionally approved and
alternative demographic scenarios, the CITY and the ENGINEER will prepare a list of
additional roadway network modifications for NCTCOG. NCTCOG will conduct two (2)
model runs (one for 2015 and one for 2030) using the alternative demographic
scenario developed by the CITY in Task 1 and additional modifications to the Mobility
2030 network.
• The CITY will coordinate with NCTCOG to perform two (2) model runs (one for 2015
and one for 2030)for a TMS special event. The CITY will determine the appropriate
roadway network to utilize for this special event analysis. It is anticipated that
NCTCOG will code TMS as a special generator for these model runs. In addition, it is
anticipated that NCTCOG will include the proposed railway alignment under study in
Task 4 and proposed express buss service along IH-35W (from Fort Worth) and SH
114 (from Dallas). If available, the ENGINEER will provide the CITY with the specific
preliminary railway alignment information from Task 4 for these model runs.
The ENGINEER will prepare for and attend up to five (5) total meetings with the CITY,
NCTCOG, TMS, and/or other stakeholders during this task.
Task 4— Railway Alignment Study
Using the data collected in Task 1, the ENGINEER shall develop up to three (3)
preliminary horizontal alignment alternatives for a connection between the BNSF Railroad
and Texas Motor Speedway. The intent of this alignment study is to perform a cursory
level analysis of the potential opportunities and constraints to providing this connection in
the immediate vicinity of the Texas Motor Speedway. While the focus is to develop a
feasible horizontal alignment, available contour and floodplain information will be utilized to
develop an alignment without significant vertical challenges. The ENGINEER will develop
conceptual planning level cost projections for each alternative. Each alternative will be
depicted and mapped in a GIS format with the potential advantages and disadvantages of
each option documented in Task 6.
The ENGINEER will prepare for and attend up to three (3) total meetings with the CITY,
NCTCOG, TMS, and/or other stakeholders during this task.
Task 5—Cost Benefit Analysis and Project Prioritization
The ENGINEER will review the results of Tasks 3 and 4 to develop a list of potential
improvements and recommendations for the study area transportation system. The
ENGINEER will conduct a qualitative cost benefit analysis for each proposed
recommendation to develop a prioritization listing of future improvements. It is anticipated
that the prioritization will be divided into five (5) categories of need (Very High, High,
Medium, Low, and Very Low).
The ENGINEER will prepare for and attend up to two (2) total meetings with the CITY,
NCTCOG, TMS, and/or other stakeholders during this task.
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Task 6— Documentation
The ENGINEER vVill prepare a technical memorandum with supporting exhibits that
documents the results of Tasks 1 —5. Five (5) copies of the technical memorandum and
an electronic (.pdf)draft will be prepared and submitted to the CITY for review and
comments. The ENGINEER will meet with the CITY to receive concurrence regarding the
memorandum. The ENGINEER will then incorporate review comments and submit ten
(10) copies of the final technical memorandum and an electronic (.pdf) copy to the CITY
Task 7— Presentation of Findings
The ENGINEER will prepare a summary presentation with supporting exhibits in
PowerPoint format for presentation purposes. The ENGINEER will attend and provide
technical support for the CITY to present the results of the analysis at up to four (4)
committee or stakeholder meetings (i.e. TMS Advisory Committee, ITC, The Fort Worth
Transportation Authority Executive Board, etc.) If requested by the CITY, the ENGINEER
will present the results of the study at these meetings.
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ATTACHMENT "B"
COMPENSATION
TEXAS MOTOR SPEEDWAY (TMS) AREA TRANSPORTATION PLAN
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT"A" (Scope of
Services, Texas Motor Speedway Area Transportation Plan), the CITY agrees to pay
the ENGINEER a lump sum fee of$75,000.
Fee Schedule Breakdown
Kimley-Horn and Associates, Inc.
Tasks 1 —7 $57,500 (76.7%)
Chiang, Patel, &Yerby, Inc. (MWBE)
Assisting with Task 4, 6, and 7 $17,500 (23.3%)
TOTAL LUMP SUM FEE $75,000 (100%)
II. BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for the professional engineering
services included in ATTACHMENT "A" on a lump sum fee basis. The lump sum fee
includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, printing, facsimile, local mileage, telephone, postage,
and computer expenses.
The ENGINEER shall be paid monthly based on statements submitted to the CITY
for the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
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ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT
TEXAS MOTOR SPEEDWAY(TMS) AREA TRANSPORTATION PLAN
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
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ATTACHMENT "D"
SCHEDULE
TEXAS MOTOR SPEEDWAY (TMS) AREA TRANSPORTATION PLAN
FORT WORTH,TEXAS
The ENGINEER will complete Tasks 1-6 in the scope of services outlined in
ATTACHMENT"A"within three (3) months following receipt of Notice to Proceed from the
CITY. The ENGINEER will endeavor to meet the City's needs during Task 7 (Presentation
of Findings).
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2007
DATE: Thursday, August 09, 2007
LOG NAME: 20TMSPLAN REFERENCE NO.: **C-22291
SUBJECT:
Authorize Execution of a Contract with Kimley-Horn, Inc., to Conduct a Transportation Study that will
Supplement the Master Plan Work Being Undertaken by the Planning and Development Department
for the Texas Motor Speedway Area
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Kimley-Horn, Inc., for the Texas Motor Speedway Transportation Study at a cost of
$75,000.
DISCUSSION:
The City Council directed the Transportation and Public Works (TPW) Department on May 22, 2007, to
conduct a transportation study of the area surrounding the Texas Motor Speedway (TMS). The overall goal
of this study is to provide sound data and recommendations to City policy makers regarding current and
future transportation needs for the TMS area.
The TMS study will examine current and future development trends around the Speedway in order to
provide transportation alternatives to meet current and future demands. Components of the transportation
system include: freeways, arterials, and public (bus and rail) transportation. The strategies and services for
each component must be integrated for a multi-modal transportation system to address everyday
transportation needs as well as those needed for special events. The general study limits include the area
located south of FM 407, north of Litsey Road, east of FM 156, and west of US 377. The estimated cost for
this sub-area study is $75,000.
Kimley-Horn and Associates is in compliance with the City's M/WBE Ordinance by committing to 23 percent
M/WBE participation. The City's goal on this project is 15 percent.
The study is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Texas Motor Speedway Street Improvements Fund.
Logname: 20TMSPLAN Pagel of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
C114 531200 020114136231 $75A00.00
Submitted for City Manager's Office bv: Marc A. Ott (8476)
Originating Department plead: Robert Goode (7913)
Additional Information Contact: Jim Walker (8009)
Mark Rauscher(2446)
Logname: 20TMSPLAN Page 2 of 2