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HomeMy WebLinkAboutContract 38905CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Transystems Corporation Consultants, (the "ENGINEER"), for a PROJECT generally described as North Beach Street from Timberland Boulevard to Keller�Hicks Road. The limits for Phase 1 of this agreement are from Bray Birch Drive to Keller -Hicks Road. The limits for Phase 2 of this agreement are from Timberland Boulevard to Bray Birch Drive, 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article 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.t�„ p i �.fl Yi ie.rdr�i. Y fir '^' t SECRETARYSECRETARY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 CITY L�rVIpORTHTX : , (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV ®bligations 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 appiicabie 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. City of Fort Worth, Texas �������� ��Vo�� Standard Agreement for Engineering Related Design Services ��'� ����G 1/+11'�� 6.30.09 Page 2 of 15 FTC WORTH, 1rX D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the 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. 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 the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs -based on the City of Fort Worth, Texas a `��'i'��:i��. �1�4�� Standard Agreement for Engineering Related Design Servi current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. 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. IN IF I. Minority and Woman Business Enterprise (M/VVBE) 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 City of Fort Worth, Texas ke t %#1AL YY1%;Q LKU Standard Agreement for Engineering � Related Design Services CITY FTe SECRETARY 6.30.09 � W�R��� �� Page 4 of 15 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability —the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, -using ISO City of Fort Worth, Texas N ft.lWl� �EC�Rb Standard Agreement for Engineering Related Design Services , lry a 6.30.09 RETARD Page 5 of 15 `� WORT111 Ty additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officersI directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 OFFICIAL��ICIAL RECORD earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certcates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. 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. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. City of Fort Worth, Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services 6.30.09 age 8 of 15 CITY SECRETARY P FT WORTH, TY, 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER'a performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. ,� OFFICIAL REC�I�C► City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services �y�TM 6.30,09 SECRETARY Page 9 of 15 + tl WORTH, TX D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 i ®FFICIAL RECORD �iiil �ECRETAR�` =T. WORTH, TX Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization I ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth, Texas i! �.I�"�"JCiit�>3. �ict,lit��i Standard Agreement for Engineering Related Design ServicesSECRETA RY 6.30.09 i RS E Page 12of15 FT[rCORAHnTY work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to we 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 In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 OFFICIAL RECORa r"ITY SECRETARY WORTH, TX J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page M of 15 ���IC;I�L I~tECORD � CITY SECRETARY !FORTH, TX 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 Attachment E - Location Map Executed this the' day of J L) , 2009. ATTEST: Marty Hendrix City Secretary -- Contract AuthorizatioRt J Date Amy Ran Assistant ATTEST: Name Title CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED Director, Transportation and Public Works Department FORM AND LEGALITY ity Attorney City of Fort Worlh, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 TRAMS-Y-STE S C PORATION CONSULTANTS Rau Pena, III P.E. Regional Vice President EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 This project is being subdivided into two phases: Phase 1 will be from Keller Hicks Road to Bray Birch Lane and Phase 2 will be from Bray Birch Lane to Timberland Drive. Under this contract, The ENGINEER is authorized to proceed with Phase I of this project. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A —PRE-ENGINEERING 1. Initial Data C®Ileciion a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including ALL departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection Rev 02/OS/09 In addition to data obtained from the City, ENGINEER will research.�d,�aatce WORM TX efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete all forms necessary for City to obtain permit letters from TxDOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections EA2-2 Rev 02/OS/09 intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing. City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street), 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. ii. Public Notification and PersonnelNehicle Identification a. Residential notification is required for field surveys on this project, mail - outs will be prepared for approval by CITY T/PW staff. The mail out shall EA2-3 -� ;j OFFICI AIL IRECOt Aev 02/05/09 J41TY SECRETARY rwTs WORTH, TY be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number. =OR - If Right of Entry acquisition is required for field surveys or other work on this project, mail -outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number and a place for the property owner to sign giving permission to access the property. b. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right-of-way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. All calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. iv. Conceptual Engineering Plan Submittal Rev 0]/OS/09 a. Conceptual plans shall be submitted to City 120 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish three (3) copies of the concept engineering plans which include layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage E"2 - a OFFICIAL RECORD �#ITY SECRETARY rO FORTH, X work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as follows: Rev OZ/05/09 a. Drainage area maps with drainage calculations and hydraulic computations. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 22" x 34" sheets: Property Ownership Curb Lines Driveways Medians (if applicable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; pTs half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins), along the existing right-of- way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. e. Preliminary roadway cross -sections will be developed, from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional EAa - s OFFICIALRECORD �,ITY SECRETARY T. WORTH, TX. Rev 02/OS/09 cross -sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross -street at each P.I.) walks, retaining walls, etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. h. Signalization Prepare signalization plans for the following two (1) intersections: 1. North Beach Street/Keller-Hicks Road The project parameters are defined below: 1. The plans, standards and any special specifications will be prepared using English units. 2. Existing traffic signal specifications and standards will be furnished by the City and will be used for design plans, unless otherwise requested by the City in writing. These include: a. City of Fort Worth Transportation and Public Works "Traffic Signal Design Guidelines, October 2007". b. Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. c. Example City standard traffic signal construction details, specifications, and Contract Documents. EAZ - s OFFICIAL �tECARD ,STY SECRETARY '. WORTH! Tit Rav 02/OS/09 3. The City will provide 24hour approach counts, turning movement counts, capacity analyses, and traffic accident data for up to three years, if available. 4. The City will provide determination for provision of cable TV drops, vehicle detection, and Opticom equipment. 5. All intersections will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads to meet ADA requirements as requested by the City. 6. The Engineer will prepare the following items to be included in the overall set of construction plans for bidding purposes: a. Existing Conditions Layout -showing utility lines, illumination, signs, markings, and any removals (if necessary). b. Traffic Signal Design Layout (per intersection) -showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons, controller cabinet assemblies, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams, pavement markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole summary chart, phasing sequence, pole details, pole locations diagram, and all other items required for the complete construction of the signals.. c. Interconnect and Service Layout -showing existing and proposed interconnect (if applicable) and service. d. Traffic Signal Standard Detail Sheets (for entire project) e. Standard Detail Sheets The work to be performed is further defined below: 1. The Engineer will meet with the City in the field to discuss the electric service, communications, vehicle detection, and Opticom requirements at each intersection. All existing and proposed utilities. _ EAa - 7 C)FFICIAL RECORD CITY SECR�iAR� FT. WORTH, TY x®.. oaiosio9 utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations and the record drawings provided by the City. 2. The Engineer will perform a capacity analysis indicating level of service for each movement at each intersection. A capacity analysis report using the SynchroTm analysis software is preferred; however other capacity methods are acceptable. 3. The Engineer will recommend the appropriate traffic signal phasing for each intersection with consideration to the capabilities of current City controller hardware and software operation functions. 4. The "short report" for each intersection typically prepared and submitted to the City for review and approval. The City has waived the report. Work items not included in this Scope of Services: 1. Confirm power source and prepare adjustment required for electric service. 2. Analysis (Synchro, PASSER, TRANSYT-7F, etc) for determination of splits or cycle lengths. 3. Field adjustments to Traffic Signal Timing Plans. 4. Intersection manual turning movement counts or 24-hour intersection tube counts. 5. Record drawings of as -built conditions, and 6. Construction phase services during signal installation. Illumination -The Engineer shall provide illumination layout plans, electrical circuit plans and details for roadway lighting system. These plans shall include street illumination and safety lighting at all intersections as well as at all other locations that are required to meet City standards for spacing. The Engineer shall tabulate all quantities and provide specifications. Lighting poles, fixtures, and attachment details shall be designed per City's guidelines. The plans shall include, but not be limited to, the following; pole heights and types pole locations, circuitry routing and other pertinent i!VVORM Rav 02/05/09 routing and other pertinent conduit information, junction box type and locations, electrical panel location and subsidiary panel information, etc. Any wiring diagrams and labeling protocols required shall be in conformance with the City's requirements. j. Geotechnical Investigation/Pavement Design The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. k. Right-of-Wav Research The ENGINEER will conduct preliminary research for availability of existing easements where open -cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. j. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights -of -entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". k. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets of approved preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. EA2 - 9 4 OFFICIALRECORD CITY SI�CRETARI( ' FT. WORTH. TX y i� n Rev 0Y/05/09 Landscape and Irrigation Plans Design Development and Construction Documents for landscape and irrigation improvements. The limit of work shall encompass the median area of Beach Street between Bray Birch Street and Keller Hicks Road. Preliminary Construction Plan Submittal Preliminary construction plans and specifications shall be submitted to CITY 90 days after approval of Part B, Paragraph IV. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) specifications to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Preliminary Cross Sections Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. Engineer shall assist City in selecting the feasible and or economical solutions to be pursued. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminaI submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. Public Meeting EA2-10 T. WORTH, TX 3. Rev 02/05/09 After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the database listing the names and addresses of all residents and business to be affected by the proposed project, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. p. Storm Water Pollution Prevention Plan (SWPPP) For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. Engineer will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. q. Traffic Control Plan The ENGINEER may utilize standard traffic reroute configurations posted as "Typicals59 on the City's Buzzsaw website. The typicals need not be sealed individually if included in the sealed contract documents. In the event that the "typicals"(as described above) cannot be utilized on the project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan for review and approval by Transportation and Public Works Department . Final Construction Plan Submittal the Traffic Division of the a. Final Construction Documents shall be submitted to CITY 90 days after approval of Part B, Paragraph 2 (b). Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and EA2-11 '� CITY S�CR�'fARY FT. WORTH, 'TX Rev 02/OS/09 plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Furnish as a function of final plans, three (3) copies of the final sections on on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1" = 20' horizontal and 1" = 2' vertical with cross sections plotted with stationing from the bottom of the sheet, and will include laterals and inlets. CITY policy with regard to parking design shall be maintained. Excavation and embankment volumes and end area computations shall also be provided. d. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular EA2 -12 OFFICIAL RECORD CITY SECRETARY To WORTH, TX Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X- 35667_org36.pdf" where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. PART C -PRE-CONSTRUCTION ASSISTANCE Administration i EA2 -13 OFFICIAL RECORD ?CITY SECRETARY aev 02/05/09 7 WORTH, T%(- a. Bid Documents The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Hard copies of documents will not be made available to potential bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf files. b. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda to Buzzsaw. The ENGINEER shall attend the scheduled pre -bid conference. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return four (4) copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. c. Construction Documents The ENGINEER will make available for construction, upon request bI the CITY, up to twenty (2u) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to the contractor and City personnel. d. Assistance During Construction The ENGINEER shall attend on preconstruction meeting with residents along with the City's project manager and contractor and explain the proposed construction as well as attend the pre - construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction EA2-sa Rev 02/OS/09 changes, if necessary. The ENGINEER shall make three (3) site visits during construction and provide documentation of the observations made, as requested by CITY. The ENGINEER shall attend the "Final" project inspectin and assist City with preparation of final punch list, as requested by CITY. EA2-15 aa., oaioeio9 ATTACHMENT "B" COMPENSATION AND SCHEDULE Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $548,732 for design services for Beach Street from Keller Hicks Road to Timberland Blvd. This project is being subdivided into two phases. Phase 1 will be from Keller Hicks Road to Bray Birch Lane and Phase 2 will be from Bray Birch Lane to Timberland Drive. The ENGINEER under this contract is authorized to proceed with Phase I of this project. The total compensation for Phase 1 is $368,235.32 and is summarized in Exhibit "134' Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment A, Exhibit "A-2" for all labor materials, supplies, and equipment necessary to complete the project. B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1" Section 1 -Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 370 calendar days after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans - 100 calendar days. B. Preliminary Engineering Plans and Contract Documents - 120 calendar days. C. Final Engineering Plans and Contract Documents - 120 calendar days. D. Final Plans and Contract Documents for Bid Advertisement - 30 calendar days. OFFICIAL RECORD y1TY SECRETARY T. WORTH, TX Rev 02-10-09 B-1 II. EXHIBIT "6=1" METHOD OF PAYMENT (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of A-2", Conceptual Engineering plan submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee. Until satisfactory completion of A-2", Preliminary Construction Plan submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments. Until satisfactory completion of A-2", Final Construction plan submittal and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments. The balance of the earnings, less previous payments, shall be payable after Bid opening for the Project has been conducted. Progress Reports A. The ENGINEER shall submit to the designated representative of the Director of the Department of Transportation and Public Works monthly progress reports covering all phases of design in the format required by the City. B. If ENGINEER determines in the course of making design drawings and specifications that the opinion of probable construction cost of $3,868,000 (as estimated in Exhibit 134) will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the Department of Transportation and Public Works and, if so instructed by the Director of the Department of Transportation and Public Works shall suspend all work hereunder. i ,� �FFIC�AL RECORD l "ITY SECRETARY FT WORTH, TY Rev 02-10-09 EXHIBIT "B=2" HOURLY RATE SCHEDULE (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 2009 Standard Hourly Rate Schedule Employee Classification Rate/Hour (Range) Principal Engineer $ 250 /hour Project Manager /Planner $ 170/ hour R.P. L.S. $ 114/ hour R.P.L.S. (Principal) $ 126/ hour Design Engineer $ 95- $150/ hour Designer /CAD Operator $ 60- $115/ hour Survey Technician $ 75/ hour Clerical $ 45/ hour 3 man Survey Crew $ 150/hour 2 man Survey Crew $ 110/ hour Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus 10%. OFEIC�,�L aECORD TY SECRETARY Rev 02-10-09 EXHIBIT "B-3A" (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount Prime Consultant: TranSystems Engineering 263,847682 71.7 Proposed M/WBE Sub" Consultants Amount % Gorrondona and Assoc Ground Surveys and Subsurface Utility Engineering 70,411 1941 ADS Aerial Surveys 81294 2.3 Thompson Landscape Architects Landscape and Irrigation 14,000 3.8 Arlington Blueline Printing 31500 1.0 K+K Associates TDLR Review 21700 0.7 Non-M/WBE Consultants: CMJ Engineering Geotechnical 5,482050 1.5 Protect Description Beach Street Design City M/WBE Goal = 27% Scope of Services Engineering design Total Fee $368,235.32 MWBE Fee Percent $981905 27% OFFICIAL RECORD �ITY SECRETARY T. WORTH, TX Rev 02-10-09 B3-1 EXHIBIT "B-3B" (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 PROFESSIONAL SERVICES FEE SUMMARY Transportation &Public Works: (Construction Cost x ASCE Curve "A" x 85) Paving &Drainage $3,763,259 T&PW Basic Services Total Special Services: Transportation &Public Works: Topographic Survey Right -of -Way Survey Erosion Control Plans & SW3P Subsurface Utility Engineering Geotechnical Investigation Landscape and Irrigation(median only) Traffic Control Plan Public Involvement Printing & Reproduction TDLR Review Fees Construction Related Services Bid Opening and Review Compile Bid Tabulations Pre -Construction Meeting Periodic Site Visits Final Field Inspection Administrative (10%) Fee on M/WBE firms Total Special Services TOTAL PROJECT FEE $207,920.07 $207,920.07 $26,199.00 $34,250.00 $5,040.00 $18,256.00 $5,482.50 $14,000400 $26,210200 $4,680.00 $5,894000 $3,500.00 $930.00 $705.00 $780.00 $2,800.00 $1, 500.00 $10,088075 $160, 315.25 $368,235.32 j OFFICIAL RECORD I ,ITY SECRETARY '1 ��i ®B ORTHe ^X. Rev 02-10-09 A. L� EXHIBIT 1113-313" (Supplement to Attachment B) North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE) SUMMARY OF TOTAL FEE Service Description Water Sewer Paving Total Engineering Services 0$ 0$ $207,920007 $207,920007 Special Services 0$ $99,866025 $99,866.25 Surveying Services 0$ ±0$$60,449500 $60,449000 Total 0$ 0$ $368,235.32 $3689235.32 NG F SU 1. Total Water Fee (less survey fee) Breakdown by Concept Preliminary and Final Design a. Concept (30%) _ (Total Water Fee —Water Survey Fee) x (0.3) _ $ 0.00 b. Preliminary (60%) _ (Total Water Fee — Water Survey Fee) x (0.6) _ $0.00 c. Final (10%) _(Total Water Fee — Water Survey Fee) x (0.1) _ $ 0.00 2. Total Sewer Fee (less survey fee) Breakdown by Concept Preliminary and Final a. Concept (3001.) _ (Total Sewer Fee —Sewer Survey b. PreliminarySewer Fee —Sewer Survey Fee) x (0.6) _ $0.00 c. Final (10%) _(Total Sewer Fee — Sewer Survey Fee) x (0.1) _ $ 0.00 3. Total Pavinq & Drainage Fee (less survey fee) Breakdown by Concept Preliminary ar Final Design a. Concept (30%) _ (Total Paving Fee —Paving Survey Fee) x (0.3) _$ 92,335.90 b. Preliminary (60%) _ (Total Paving Fee —Paving Survey Fee) x (0.6)=$1841671.79 c. Final (10%) _(Total Paving Fee — Paving Survey Fee) x (0.1) _$ 30,778.63 Rev 02-10-09 EXHIBIT "11-3C" (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 FEES FOR SURVEYING SERVICES Surveying Services: Paving: From Keller Hicks to Timberland Topographic Surveys: ground Topographic Surveys: aerial Right of Way mapping and parcel maps T&PW Total for Surveying Services: $17,905 $ 8, 294 34 250 $60,449 OFFICIAL RECpRD :STY SECRETARY i 5T FORTH, TY Rev 02-10-09 B3-4 EXHIBIT "13-4" OPINION OF PROBABLE CONSTRUCTION COSTS (Supplement to Attachment B) Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 FEE FOR REPRODUCTION SERVICES Printing &Reproduction: Transportation &Public Works and Water Department; Conceptual Design Report: 4 sets of Report $.10 /pg. X 24 pages/report x 4 $ 9.60 Preliminary &Utility Clearance: 4 sets of Const. Plans $1/sht. x 60sht./plan x 14 $ 840.00 2 sets pf Specifications $.10/sht. x 280 pg/specs x 2 $ 56.00 Final Plans: 4 sets of Const. Plans $1/ sheet x 80 sht./plan x 4 $ 320.00 4 sets of Specifications $.10/ sheet x 280 Pg/Spec x 4 $ 112.00 Const Documents: 22 Sets of Const. Plans 12 sets of Specifications $1/sheet x 80 Sht./Plan x 22 $.10/0heet x 280pg/spec x 12 Mounted Exhibits for Public Meeting 1 Drawings $1500/Board x 1 each Final Mylars for Record Purposes 1 Set of Plans $12/Sht x 80Sht./Plan x 1 Printing &Reproduction Subtotal Transportation &Public Works $ 1, 760.00 $ 336.00 $ 1500.00 $ 960.00 $ 5,893.60 $ 5,893.60 OFFICIAL `REC4Rd CITY �CCRETAR� T. 'WORTH, TY I Rev 02-10-09 Exhibit "0-5" OPINION OF PROBABLE COST SUMMARY City of Fort Worth Beach Street (Keller Hicks - Bray Birch) City Project No. 01291 by TranSysterns 6/23/2009 PAY UNIT ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT 1 1 LS MOBILIZATION (5%) $ 160,000.00 $ 160,000.00 2 12,040 LF CONCRETE CURB $ 3.00 $ 36,120.00 3 36,120 CY EXCAVATION ( including asphalt removal and ROW preparation) $ 12,00 $ 433,440.00 4 332 TON LIME (32LBS/SY) $ 125,00 $ 41,500,00 5 20,739 SY LIME TREAT SUBGR (6') $ 2.75 $ 57,032,25 6 19,384 SY CONC PAVEMENT(11.50) $ 55,00 $ 1,066,120.00 7 2,500 SY 3-MEDIAN OPENING AND DUAL LEFTS (including stabilization) $ 60.00 $ 150,000,00 8 12,000 LF CLEAN 8 SEAL OF JOINTS $ 1.50 $ 18,000.00 9 11800 SY INTERSECTING PUBLIC STREET RECONSTRUCTION $ 55.00 $ 99,000,00 10 21000 SY ASPHALT TRANSITION PAVING $ 35,00 $ 70,000.00 11 1 LS BARRICADES, SIGN AND TRAF HANDLE (TRAFFIC CONTROL) S 30,000.00 $ 30,000.00 12 30,100 SF CONCRETE SIDEWALK $ 4,00 $ 120,400.00 13 12 EA CONCRTE DRIVEWAYS $ 2,500.00 $ 30,000.00 14 11900 LF CONCRETE RETAINING WALL $ 50,00 $ 95,000.00 15 1 EA TRAFFIC SIGNALS $ 150,000,00 $ 150,000,00 16 10 EA STREET LIGHTING $ 10,000,00 $ 100,000.00 17 11800 LF STORM DRAINAGE (TRUNK) $ 100.00 $ 180,000.00 18 11100 LF STORM DRAINAGE (LATERALS) $ 60,00 $ 66,000.00 19 20800 CY TRENCH EXCAVATION AND BACKFILL $ 2.00 $ 5,600.00 20 21900 LF TRENCH SAFETY $ 1,00 $ 2,900.00 21 22 EA INLETS $ 41500,00 $ 99,000.00 22 4 EA HEADWALL $ 11500,00 $ 6,000.00 23 5 EA JUNCTION BOXES $ 4,000.00 $ 20,000.00 24 150 LF MULTIPLE BOX CULVERT $ 550.00 $ 82,500,00 25 2 EA HEADWALLS $ 10,000,00 $ 20,000.00 26 600 LF REMOVE EXISTING CULVERTS $ 10.00 $ 6,000.00 27 1 LS SWPPP $ 55,000.00 $ 55,000.00 28 17,458 SY SEEDING/MULCH $ 0,75 $ 13*093,50 29 17,458 SY TOP SOIL $ 0.75 $ 13,093,50 30 12 EA CURB RAMP AND LANDING $ 1,000.00 $ 12,000.00 31 6 EA ADJUST SANITARY SEWER MANHOLE $ 700.00 $ 41200,00 32 4 EA ADJUST WATER LINE VALVE $ 31000,00 $ 12,000.00 33 12 EA RELOCATE WATER METER BOXES AND SERVICE $ 700.00 $ 81400,00 34 1 LS MISC UTILITY RELOCATIONS $ 10,000.00 $ 10,000,00 SUB -TOTAL $ 3,272,399.25 15% CONTINGENCY S 490,859.89 TOTAL $ 3,763,259.14 3 EA LANDSCAPING (3 median openings) $ 20,000.00 $ 60,000.00 1 LS IRRIGATION (median) $ 20,000.00 $ 20,000.00 1 LS IRRIGATION (parkways) $ 30,000.00 S 25,000.00 TOTAL $ 105,000.00 Since ENGINEER free ro mnad wer the mst of WDor, matarals, egwpment or semces furnished by others, or wer the Cantractar(s) methods o! dalarmming paces, or over mmpetsrve bdding or market cordRgns, ENGINEEft's op,ngns d probable Taal project Cosh and ConsWctgn Cost proMed for herein era made on Ne bassi d ENGINEER'S eapanence and qua1R lions and regesent ENGINEERS beat udgment as an espenenced and qualdied professional eng�heer, famhar with the construction industry; but ENGINEER cannot anddoes not guarantee that proposals, bds or actual Total Project or Constr xbon Costs wl not vary from opmons of probable cost prepared try ENGINEER. d prior to the adding or Negobahng Phase OWNER wrshas greater assurance to the Construdgn Cost he shall employ an independent cost estimator. GRAND TOTAL f 3,888,259.14 ®FFICIAL RECOR[� CITY SECRETARI� FT. WORTH, 7-J ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. TPW-2008-000166 Article IV.K.(2)(i): Endorsements are noted on the Certificate of Insurance provided to the City for this project. Article IV.K.(2) (I): Business automobile insurance is written on an accident basis. �+ ��FICi�aL REC�R� NTY SECRETARY ` T. WORTH. TX Rev 02-10-09 / U O J J C ® c L U L � U m � L m O O O= U O O N� U N V O L O Z N ,� L Y U Ip O a I- � p ZWIN=&z W (D '~' _ U L _ U)'p a' W _ CU U +_ m co U) U) U)(n U) U)(n(n U) Y) cn U) U) U) U) U)(n cn U) U) U >% >, >, >% >% >% >, >% >, >, >, >% >% >% >, >% a A >% >% >% cu cu cu M cu m m cu cc cu m cu cu cu cu cu (u cu cu m m o -a -o -p �o -o a 70 -o -o -o a 70 -o -v -o -o 70 a -o -0 -o ® o o cn cn co cn CDCDLn o o co o ti o o cn o ca N N N CO CO M N (3) CO N N Z to (u � U p p C (u E V p C C p C _ .oc7 cu C cuaU) U w >> p jcu E m >>o mU w w wof .9 tf s o O Oo oo� \o ,- z W co U) U rn U a ii coV N (O P� 00 0) O N c`') MV(�O1� c0 O) O �� N N ATTACHMENT "E'+ LOCATION MAP Design Services for North Beach Street (Keller -Hicks to Bray Birch) City Project No. 01291 �n North 5� T �fi?0 h Council District 2 MAPSCO 22B, F & K c teal a rCf ►�:erttr End Begin fw,w$t F'_►J CJ at�wc+c�d U+ J o+ , 1' 4�si p rp s D# � Vre+wi J � A ,%-4 Nd 7 Li 3 h Qr K.a.Htcks Ad i i"NT ( SECRETARY FT. WORTH, tx Rev 02-10-09 M&C Review Page 1 of 2 CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 5/26/2009 Official site of the City of Fort Worth, Texas FORT WORTH _�'�_ CONTINUED FROM A PREVIOUS WEEK DATE: 5/5/2009 REFERENCE C-23498 LOG NAME: 20BEACH_TIMBER TO NO.: KH CODE: C TYPE: CONSENT HEAR NG: NO SUBJECT: Authorize an Engineering Services Agreement with TranSystems Corporation Consultants in the Amount of $549,732.00 for the Design of North Beach Street from Timberland Boulevard to Keller Hicks Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement in the amount of $549,732.00 with TranSystems Corporation Consultants for the design of North Beach Street from Timberland Boulevard to Keller Hicks Road. DISCUSSION: The 2008 Capital Improvement Program included funds for reconstruction of arterial street projects, including North Beach Street from Keller Hicks Road to just north of Timberland Boulevard. The scope of this Engineering Services Agreement includes paving and storm drain improvements on North Beach Street as a new four -lane divided arterial roadway from Timberland Boulevard to Keller Hicks Road. In addition, new traffic signals will be installed at Timberland Boulevard and Keller Hicks Road. TranSystems Corporation Consultants has proposed to complete the final design plans and specifications for a lump sum fee of $549,732.00. City staff considers this fee to be fair and reasonable for the scope of services to be performed. TranSystems Corporation Consultants is in compliance with the City's M/WBE Ordinance by committing to 25 percent MWBE participation. The City's goal on this project is 26 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 22B, 22F and 22K. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: FROM Fund/Account/Centers C204 531200 202230129130 Fernando Costa (8476) William Verkest (7801) $549,732.00 Additional Information Contact: Mike Weiss (8485) file://C:\Documents and Settings\weissm\My Documents\N. Beach St\Timberland to Keller-Hicks\C-2349... 7/27/2009 M�4iC Review Page 2 of 2 ATTACHMENTS 20BEACH TIMBERTOKH.pdf file://C:\Documents and Settings\weissm\My Documents\N. Beach St\Timberland to Keller-Hicks\C-2349... 7/27/2009 MAYOR AND COUNCIL COMMUNICATION MAP 1 B () Project No. 01291 DETAIL OF PROJECT LOCATION