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HomeMy WebLinkAboutContract 22521 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § CITY SE.� CONTRA(, "0!7 That the City of Fort Worth, a municipal corporation situated in' County, Texas, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, hereinafter called "CITY", and Carter and Burgess Inc., Engineering Consultant acting herein by and through Fred Evans. P.E., its duly authorized Vice President, hereinafter called "ENGI- NEER" do enter into the following agreement. WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained the parties hereto do hereby covenant and agree as follows: ARTICLE I SERVICES Section 1. The City hereby contracts with the Engineer as an independent contractor, and the Engineer hereby agrees to perform the services herein described with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: CMAQ INTERSECTION 11"ROVEMENTS PROJECT Design and Prepare Construction Plans for Intersection Improvement to Relief Traffic Congestion at Beach Street and IH-820: Section 2. The services to be performed by Engineer shall include the following, but are not limited to, scope of services listed in Exhibit "A" attached hereto, incorporated herein and made a part hereof for all intents and purposes. ARTICLE H PHASES AND SCHEDULES Engineering work for the intersection improvements shall be completed according to the schedule in Exhibit "B". �-- Of fifth RECORD CIN SECRETARY FT. WORTH, 1i, ARTICLE III COMPENSATION A. The Engineer shall be compensated as described in Exhibit "C" a total lump sum fee of $304,500. Payment of the lump sum fee shall be considered full compensation for the services described in Exhibit "A" for all labor, materials, supplies, and equipment necessary to complete the services. B. The total lump sum fee as shown in Exhibit "C" is based on the cost proposal which includes man hours by task, hourly rates and direct expenses. C. It is understood that this agreement contemplates the full and complete engineering services for this project including any and all changes necessary to complete the work as outlined in the scope of services. Nothing contained herein shall be construed as authorizing any additional fees for services to provide complete plans, specifications, easements and permits necessary for the successful completion of this project. The Engineer acknowledges by the execution of this contract that such contingencies as may be deemed necessary and proper have been included in the basic fee. ARTICLE IV COORDINATION WITH OWNER The City shall make available to the Engineer for use in performing services hereunder all existing plans, maps, field notes, statistics, computations and other data in the City's possession relative to existing facilities and to the project. ARTICLE V PROGRESS REPORT The Engineer shall submit monthly progress reports to the Director of the Transportation and Public Works Department. If the Engineer determines in the course of making design drawings and specifications that the cost estimate of $2,900,000.00 (as estimated on Exhibit "D") will be exceeded, whether by change in the scope of the project, increased costs 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 Director of the Transportation and Public Works Department shall suspend all work hereunder. -2- ARTICLE VI TRANSFER OF CONTRACT The Engineer shall not assign, sublet or transfer, in whole or in part, its interest in this agreement without the prior written consent of the City. ARTICLE VII TERMINATION OF CONTRACT Section 1. The City may terminate this contract at any time for convenience or for any cause by a notice in writing to the Engineer. Upon receipt of such notice the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If the City terminates this contract under the foregoing Section 1, the City shall pay the Engineer a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by the Engineer up to the date of termination of the contract and for subcontract and reproduction in accordance with the method of compensation stated in Article III hereof. Section 3. All completed or partially completed reports prepared under this contract, including the original drawings, shall become the property of the City when the contract is terminated, and may be used by City 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 in this contract. ARTICLE VIII SUCCESSORS AND ASSIGNS The City and the Engineer each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this contract. ARTICLE IX INDEPENDENT CONTRACTOR Engineer covenants and agrees that it will perform the work hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City; that the Engineer shall -3- have exclusive control of and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; that the doctrine of respondent superior shall not apply as between the City and the Engineer, its officers, agents, employees, contractors, subcontractors, and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Engineer. ARTICLE R DISCLOSURE By signature of this contract, the Engineer warrants to the City of Fort Worth that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the proposed project and business relationships with abutting property owners. The Engineer further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. ARTICLE RI MENINITY AND INSURANCE Approval by the City of this agreement shall not constitute or be deemed to be a release of the responsibility and liability of the Engineer, its officers, agents, employees, and subcontractors for the accuracy and competency of the services performed under this agreement, including but not limited to surveys, designs, working drawings and specifications and other engineering documents. Such approval shall not be deemed to be an assumption of such responsibility and liability by the City for any negligent act, error or omission in the performance of Engineer's professional services or in the conduct or preparation of the subsurface investigation, surveys, designs, working drawings, and specifications or other engineering documents by the Engineer, its officers, agents, employees and subcontractors, it being the intent of the parties that approval by the City signifies the City's approval of only the general design concept of the improvements to be constructed. In this connection, the Engineer shall indemnify and hold the City and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to all persons, including but not limited to officers, agents, or employees of the Engineer or subcontractors, and all persons performing any part of the work and improvements which may arise out of any negligent act, error or omission in the performance of Engineer's professional services or in the conduct or preparation of subsurface investigations, surveys, designs, working drawings, specifications, and other engineering documents incorporated into any improvements constructed -4- in accordance therewith. The Engineer shall defend at its own expense any suits or other proceedings brought against the City and its officers, agents, servants, and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against them or any of them in connection therewith, provided and except, however, that this indemnification provision shall not be construed as requiring the Engineer to indemnify or hold the City or any of it's officers, agents, servants, or employees harmless for any loss, damages, liability or expense, on .account of damage to property to injuries to persons caused by defects or deficiencies in design criteria and information furnished Engineer by City, or any deviation in construction from Engineer's designs, working drawings, specifications or other engineering documents. Without limiting the above indemnity, Engineer shall provide to City a certificate of insurance as proof that the Engineer has obtained a policy of comprehensive general liability coverage (occurrence basis) with carriers acceptable to City covering all risks relating to the services to be performed under this contract, by the Engineer, its subcontractors and consultants, such insurance to be in at least the following amounts: Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Property Damage Liability $300,000 Each Occurrence Contractual Bodily Injury Liability $250,000 Each Person $500,000 Each Occurrence Contractual Property Damage $300,000 Each Occurrence The Engineer shall not commence work under this Agreement until it has obtained Professional Liability Insurance as required hereunder and such insurance coverage has been approved by the City. Such insurance shall be in the minimum amount of$1,000,000 and shall include coverage of Contractually Assumed Liability. The insurance coverage prescribed herein shall be maintained until one (1) year after City acceptance of the construction project and shall not be canceled without prior written notice to the City. In this connection, upon the signing and return of this Agreement by the Engineer, a Certificate of Insurance shall be furnished to the City as evidence that the insurance coverage required herein has been obtained by Engineer, and such certificate shall contain the provision that such insurance shall not be canceled or modified without thirty (30) days prior written notice to the City. Engineer shall notify City within ten (10) days of any modification or alteration in such Professional Liability Insurance. -5- ARTICLE XII M[NORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/BWE 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. ARTICLE XIII RIGHT TO AUDIT A. 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. B. Engineer further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontracting consultant 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 any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and, further, that 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 ° hereof. The City shall give the subconsultant reasonable advance notice of intended audits. C. 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 as follows: 1. 50 copies and under - 10 cents per page. 2. More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter. -6- ARTICLE XIV AGE In accordance with the policy ("Policy") of the Executive Branch of the Federal Govern- ment, Engineer covenants that neither it nor any of its officers, members, agents, or employees engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employ- ment, will discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Engineer further covenants that neither it nor its officers, members, agents, or employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Engineer warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties or subconsultant against City arising out of Engineer's and/or its subconsultants' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. ARTICLE XV DISABILITY In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Engineer warrants that it and all of its subconsultants will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Engineer or any of its subconsultants. Engineer warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subconsultants against City arising out of Engineer's and/or its subconsultant's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. -7- ARTICLE XVI VENUE-LAW Venue of any suit or cause of action under this contract shall lie exclusively in Tarrant County, Texas. This contract shall be construed in accordance with the laws of the State of Texas. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be signed in quintuplet in its name and on its behalf, by its Assistant City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Engineer also has properly executed this instrument in quintuplet copies each of which is deemed an original. pr7 EXECUTED in the City of Fort Worth, this7JL49day of ):)9A A.D. 19 CITY OF FORT WORTH ATTEST: By: Mike Groomer Alice M. ehurch, City Secretary Assistant City Manager � (2 15 OGlp, Contract A thorization APPROVED AS TO FORM AND LEGALITY: APPROVED: Date Gary Ste Hugo Malanga, P.E., Director & Assistant City Attorney Department of Transportation and Public Works CARTER & BURGESS, INC. Fred fivans, P.E. Vice President -8- SPECIAL PROVISION CONSULTING ENGINEERING CONTRACTS • Changes of Work: The Engineer shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and additional cost to the City. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Additional Work. • Additional Work: Work not specifically described under "Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Engineer. If the Engineer is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work, then the City shall so advise the Engineer, in writing, and shall provide extra compensation to the Engineer for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. Any contract modifications shall have TxDOT approval prior to beginning the additional work. Cost principals must be based on the provisions of 48 CFR Chapter 1. Part 31 Federal Acquisition Regulation (FAR31). • DBE Percentage Goal: The percentage goal for Disadvantaged Business Enterprise participation in the work to be performed under this contract is a minimum 15% of the contract amount. The selected DBE must be from the Texas Department of Transportation approved list. EXHIBIT A WORK OUTLINE FOR ENGINEERING SERVICES FOR THE CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT NORTH BEACH STREET AT IH820 INTERCHANGE 1. PROJECT MANAGEMENT(Function Code 110): A. Coordinate the project with the City of Fort Worth during the development of the design schematic and the environmental assessment. B. Perform general administration duties, including: coordination with subconsultants, preparation of invoices, scheduling, record keeping and file management. C. Attend six (6) meetings with officials from the City of Fort Worth, TxDOT, other municipalities, Tarrant County, and other governmental agencies. II. DATA ASSEMBLY AND REVIEW(Function Code 110): A. Obtain existing topographical, master plan and/or construction plan data from the City of Fort Worth. All data available in electronic files shall be provided by the City of Fort Worth. B. Obtain documents for existing and proposed development along proposed route from local municipalities. C. Obtain utility plans and documents from appropriate municipalities and utility companies. D. Obtain readily available flood plain information and studies from the Corps of Engineers, local municipalities and/or other governmental agencies. E. Conduct field reconnaissance and collect data including a photographic record of notable existing features. III. ROUTE AND DESIGN STUDIES (Function Code 110): A. Develop roadway and drainage design criteria. B. Prepare a single design schematic in accordance with the following: 1. This scope of services and the corresponding cost proposal are based on the assumption that the preliminary design schematic for IH820 at Beach Street, which is currently being developed by Carter & Burgess, Inc., for TxDOT, shall be utilized to the fullest extent possible in developing the final schematic. Additionally, schematic designs and/or construction plans currently being developed for Beach Street in the area of the project site will be utilized. RPT196129200.R01 1 August 21,1996 2. Review preliminary design schematic and construction staging previously completed by TxDOT. 3. Verify and refine as may be required the horizontal and vertical alignments for the IH820 mainlanes, ramps and frontage roads and for North Beach Street within and adjacent to the project site. Verify vertical clearances based on preliminary assumptions about structural depth and beam haunch. The length of project is assumed to extend approximately 460 meters, either side of Beach Street and the overall project including construction and design must be within the overall budget of$3,200,000.00. 4. Verify and refine as may be required the large sign layout including converting to metric. 5. Verify and refine as may be required the construction sequencing. 6. Develop cross sections using existing ground cross sections provided by the City of Fort Worth and/or TxDOT to determine preliminary right-of-way limits and earthwork. 7. Submittals: The following items shall be submitted to the City of Fort Worth and TxDOT for review and approval over the course of the development of the design schematic. a. Design Schematic b. Typical Sections C. Traffic Evaluation d. Preliminary Cost Estimate e. Design Criteria C. Prepare a boring location plan for bridges, retaining walls and pavement design. D. Attend and document a design concept conference. IV. SOCIAL, ECONOMIC AND ENVIRONMENTAL STUDIES, AND PUBLIC INVOLVEMENT (Function Code 120): In anticipation of a determination of Categorical Exclusion (CE), the Engineer will undertake the necessary environmental studies and investigations to prepare an Environmental Assessment (EA) document for the described project as follows: A. Data Collection Process 1. Collect Available Information - The Engineer will obtain and review all available environmental information relative to the project areas from the staff of the City of Fort Worth, Tarrant County, the Texas Department of Transportation, the Texas Natural Resource Conservation Commission, the Texas Historical Commission, the Texas Parks and Wildlife Department, the North Central Texas Council of Governments, the U.S. Geological Survey, RPTU6129200.R01 2 Auguot 21,1 996 the U.S. Soil Conservation Service, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, the Federal Emergency Management Agency, and other appropriate state, local, and federal government agencies. 2. Field Survey of the Project Area-The Engineer will conduct an on-site visual survey of the existing bridge structure and surrounding project area to assist in characterizing the current environmental conditions and in assessing the probable environmental impacts of the proposed bridge replacement. Photographs will be taken for later inclusion in the environmental document. B. Environmental Studies and Investigations The Engineer will undertake environmental studies and investigations of the existing conditions relative to the following environmental parameters for analysis and assessment in the environmental document. 1. Ecological Investigations a. Wildlife and Endangered Species - The Engineer will analyze and describe existing terrestrial and aquatic plant and animal communities in the project area and their ecological significance; determine the likely occurrence of endangered floral and faunal species in the project area and immediate vicinity; and investigate any critical habitat or other environmentally sensitive areas, such as, wetlands, floodplain, and riparian ecosystems. b. Vegetation-The Engineer will inventory and describe the major forms of vegetation present in the immediate project area, including all bottomland hardwood trees, for later assessment of the probable impacts due to the contemplated project construction alternatives. C. Soils and Geology - The Engineer will analyze background information on the soils and geology present in the project vicinity, including the suitability of area soils relative to the proposed construction, as well as on their susceptibility to erosion. d. Floodplains - The Engineer will describe the relationship of the current floodplain and floodway boundaries to the existing bridge structures; and evaluate and assess any discernable effects to the extent and ecology of the floodplain and floodway areas due to the project alternatives. e. Water Quality-The Engineer will analyze background information on area surface water and ground water quality, with special emphasis on area water resources being used for public water supplies. The Scope of Work does not provide for any sampling and analysis for existing surface or ground water quality. RPTU129200.R01 3 August 21,1M f. Wetland Survey-The Engineer will report, under the direction of the State, the affected wetlands and riparian areas in the project area. 2. Sociological and Economic Investigations The Engineer will research and analyze sociological and economic information of relevance to the proposed project alternatives including demographic characteristics, land use, local and regional economic growth forecasts, the location of area public lands and facilities, access and routes for emergency services, and public utilities in the immediate proximity to the project. 3. Air Quality Study The Engineer will collect any existing air quality information for the project area relative to the Statewide Implementation Plan(SIP) for ozone attainment in Tarrant County. The Dallas-Fort Worth area has a moderate classification as a non-attainment area for ozone per the National Ambient Air Quality Standards (NAAQS) promulgated under the Clean Air Act Amendments (CAAA) of 1990. The Scope of Work does not include any air modeling, sampling, or laboratory analysis for ambient air quality. 4. Hazardous Waste Sites Investigation The Engineer will note the presence of any discernable hazardous or solid waste dump sites during his field survey of the project area. The Engineer, under the direction of the State, will also evaluate the results of any data search of known hazardous waste sites in the project area provided by the State through the Engineer. The Scope of Work does not include any sampling or laboratory analysis of suspected contaminated materials or substances. 5. Cultural Resources Investigation The Engineer will review the documentation of the cultural resource data research of the project area performed under the direction of the City of Fort Worth and TxDOT. The Scope of Work does not include any field investigation of identified archeological sites or historic properties. 6. Special Permits Research The Engineer, under the direction of the City of Fort Worth and TxDOT, will ascertain the need to obtain any special permits for the proposed project alternatives, including Section 404 and Navigational Clearance Permits. The need to propose floodway or floodplain ordinance amendments per Federal Emergency Management Agency(FEMA) program requirements will also be evaluated. RPT\96129200.R01 4 August 21,1996 C. Impact Assessment and Analysis The Engineer will undertake assessments and analyses of information obtained through the data collection process and from the results of various environmental studies and investigations in order to ascertain the probable environmental impacts of the proposed project altematives. These assessments and analyses will be presented and discussed in the environmental documents in the following format: 1. Discussion of Purpose and Need for Action This section will present background information on each existing bridge structure and explain why it needs replacement. 2. Statement of Historic Significance This section will include the appropriate statement, as prepared by the State, on the historical significance of each existing bridge structure, if applicable. 3. Description of Alternatives This section will include a brief discussion of the "No-Action" Alternative along with a description of the "Construction" Altemative(s), including alternative alignments,for each new bridge structure and approach roadway. 4. Ecological Impacts This section will discuss the probable ecological impacts of the construction altematives for replacement of each bridge structure. The ecological impacts to be addressed will include those relating to: a. Wildlife and endangered species b. Vegetation c. Floodplain and riparian ecosystems d. Water quality e. Stream bank and/or streambed erosion f. Wetlands 5. Social and Economic Impacts This section will discuss the probable social and economic impacts of the proposed project alternatives. Examples of social and economic issues which may be addressed include: a. Local and regional growth and economic gain. b. Land use, including impacts to Prime Farmlands due to the need for additional right-of-way, if applicable. C. Changes in property values and tax base, if discernable. d. Changes in neighborhood character and community cohesion. RPT\96129200.R01 5 August 21,1996 e. Changes in travel patterns and accessibility, including the impact of temporary detours during construction. f. Displacements of residences and businesses, if applicable. g. Impacts to public facilities such as schools, hospitals, and churches. h. Impacts on public services such as police and fire protection. i. Adjustments and disruptions to public utilities. j. Impacts on ethnic minorities or other specific social groups. k. Impacts of the proposed project alternatives on highway and traffic safety and overall public safety. 6. Impacts to Section 4(f) Lands This section will address the probable impacts to any Section 4(f) lands in proximity to the project area. Examples include parks, recreation areas, and wildlife and waterfowl refuges. 7. Aesthetic Impacts This section will include a statement stressing that aesthetic values will be emphasized in the design and construction of the project per the ongoing policy of the City of Fort Worth and TxDOT. 8. Air Quality Impacts This section will include a statement regarding compliance of the project alternatives with the State's Air Quality Guidelines, SIP, and conformity procedures of 23 CFR 770, as applicable. 9. Floodplain Impacts This section will include a discussion of the information required by the Federal Highway Administration as to the location and hydraulic design of any modifications or encroachments to current floodplain boundaries or 100-year flood elevations per 23 CFR 650. 10. Hazardous Waste Impacts This section will address any probable impacts to the proposed construction alternatives ascertained from the evaluation of the presence of any known hazardous wastes or substances as determined by field survey. 11. Cultural Resource Impacts This section will address any probable impacts to known cultural resources from the proposed construction alternatives as ascertained from the evaluation of the cultural resources information provided by the City of Fort Worth. Any relevant correspondence in this regard will also be included in an appendix to the environmental documents. RPTW129200.R01 6 August 21,1996 12. Construction Related Impacts This section will present an assessment of the probable construction related impacts for each proposed bridge replacement alternative. Examples of environmental issues which will be addressed include construction equipment, air pollution, fugitive dust emissions, and impacts to water quality due to the construction of new bridge piers and pier foundations in the waterway. 13. Special Permits Required This section will address the need to obtain any special permits in order to construct the proposed bridge replacement alternatives. Examples include a U.S. Army Corps of Engineers Section 404 Permit, a U.S. Coast Guard Navigational Clearance Permit, and the need to obtain coverage under the EPA's NPDES Storm Water Discharge General Permit for Construction Activities. The need for floodway or floodplain ordinance amendments to retain compliance with FEMA program regulations will also be addressed, if applicable. 14. Summary of Unavoidable Impacts This section will consist of a tabular presentation of the probable unavoidable short-term and long-term beneficial and adverse impacts due to the proposed bridge construction alternatives. D. Preparation of Environmental Assessment Documents The Engineer will prepare the Environmental Assessment (EA) documents in accordance with the provisions of the National Environmental Policy Act (NEPA) of 1969 and guidelines published by the Department of Transportation, Federal Highway Administration(FHWA Technical Advisory T6640.8A). The EA documents shall also meet the following requirements: 1. The documents will contain descriptions, analyses, and data including graphics, charts, tables, maps, and appendices, as necessary, to give an understanding of the findings and conclusions which were developed from the various environmental studies and investigations. 2. All quantities and other appropriate numerical data will be presented in metric units followed by English units in parenthesis. Exhibits will be limited to 11"x17", where possible. 3. The EA documents will be provided on paper(reproducible hard copy) and on formatted diskettes compatible with the City of Fort Worth and TxDOTs word processing software programs and equipment. 4. Three draft copies and twelve final copies of each EA document will be provided. RPTW129200.R01 7 ALVM21,1996 E. Public Involvement Process The Engineer, under the direction of the City of Fort Worth, will assist with the required public involvement meetings. The Engineer will also be available to answer questions and receive comments relative to the environmental studies or documents. Comments received as a result of the public involvement process will be incorporated by the Engineer into the EA document as an appendix. V. RIGHT-0F-WAY DATA AND UTILITY COORDINATION (Function Code 130): A. Obtain right of entry documentation for private property requiring surveying. B. Provide the City of Fort Worth with required right-of-way and easement limits. C. Coordinate with the City of Fort Worth to determine existing and proposed utilities which are located within the limits of the project. D. Furnish roadway and drainage plans, profiles, sections and other pertinent design data to the City of Fort Worth for distribution to utility agencies for their review, comments and design considerations. All plan sheets will be 11"x 17". Only plans that have any bearing on said utility agencies shall be furnished and only after certain completion milestones have been achieved. These milestones are: 1. After receiving the City of Fort Worth,TxDOT and FHWA approval for the design schematic. 2. After the construction plans have been reviewed by the City of Fort Worth and TxDOT at the 65%complete submittal. 3. After the construction plans have been reviewed by the City of Fort Worth and TxDOT at the 95%complete submittal. E. Field-tie existing right-of-way monumentation. F. Feld-tie oft'-site property comers. G. Prepare right-of-way map. H. Prepare individual parcel plats of acquisitions (right-of-way and easements assume 5 parcels). I. Prepare legal descriptions of each right-of-way or easement parcel. J. Incorporate right-0f--way data into project electronic file. K This Scope of Work does not include the task of field-locating and exposing underground utilities, but does include coordination with utility companies for locating utilities. RPT\96129200.R01 8 Atguat 21,1996 VI. FIELD SURVEYING AND PHOTOGRAMMETRY(Function Code 150): A. Establish project horizontal control based on TxDOT&City of Fort Worth data. B. Establish vertical control network based on TxDOT and/or City of Fort Worth data. C. Establish centerline of I1-1820. D. Establish horizontal and vertical locations for soil borings. E. Establish centerline of Beach Street and other intersecting streets. F. Perform topographic surveys determining the horizontal and vertical (if applicable) location of topographic features, including: 1. Paving, curbs, medians, driveways, sidewalks. 2. Signs, poles, post. 3. Drainage structures(including details). 4. Apparent utility features(fire hydrants, manholes,valves,junction boxes, etc.) G. Cross-Sections 1. IH820 and Beach Street—Take cross-sections at 20 meter intervals throughout the project length. Additional sections will be taken at significant breaks in grade or at other locations that will influence design activities. Cross-sections will extend from 30 meters outside the road ROW lines. 2. Drainage courses—Take cross-sections at the intervals specified above along all drainage courses. Vmits of sections will be from 100 meters upstream to 100 meters downstream from the roadway ROWs intersected. 3. Specific Utilities — after determination of possible conflicting utility elements, detailed surveys will be made to determine the specific location of these utilities. VII. PROJECT MANAGEMENT(Function Code 160): A. Coordinate the project with the City of Fort Worth and TxDOT during the development of the final design. B. Perform general administration duties, including: coordination with subconsultants; preparation of invoices; scheduling; record keeping and; file management. C. Attend meetings with officials from the City of Fort Worth, TxDOT, utility companies, railroad companies, municipalities, counties, and other governmental agencies. RPTW129200.R01 9 August 21.1996 D. Oversee quality assurance and quality control (QA/QC) program. Each scheduled submittal of plans to the City of Fort Worth or TxDOT shall receive QA/QC. E. Design Grnks for the design portion of this contract will extend approximately 460 meters on either side of Beach Street. These parameters will apply to the design functions. Vlll. ROADWAY DESIGN(Function Code 160): A. Coordinate with the City of Fort Worth and TxDOT for pavement design and prepare typical roadway sections. Obtain City of Fort Worth and TxDOT approval. B. Refine the horizontal and vertical alignment of the design schematic for mainlanes, bridge, ramps, and frontage roads as may be required. C. Develop horizontal and vertical alignments for intersecting streets and driveways. D. Develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 20-meter intervals. Cross sections shall utilize a 1:100 horizontal and vertical scale and shall be delivered in scroll form. No cross-section sheets to be provided by this scope of services. E. Consult with the City of Fort Worth and T)DOT on geotechnical information obtained from core holes and testing pertaining to embankment stability and settlement, pavement design, bridges, retaining walls, temporary shoring, special sign structures and other engineering matters as may be applicable to the project. Incorporate geotechnical information into plans. F. Prepare roadway plans, profiles and typical sections; bridge layout and plans. The plans shall consist of the following sheets: 1. Title 2. Typical Sections 3. Removal Plans 4. Horizontal Control Plans 5. Paving Plan and Profiles 6. Intersection Details and Grading Plans 7. Ramp Profiles 8. Street and Driveway Profiles 9. Miscellaneous Paving Details 10. Bridge Plans Utilities are to be adjusted prior to letting and are not to be a part of fee for reimbursement. DL DRAINAGE DESIGN(Function Code 161): RPTW129200.R01 10 August 21,1 996 Furnish Drainage Analysis and Design,and Utility Coordination and Design, for the improvements to the Beach Street- IH 820 intersection in Fort Worth. It is assumed that improvements to IH 820 facilities will extend approArnately 460 meters on either side of the grade separation and that View improvements will not require main lane drainage considerations. Drainage Analysis and Design is limited to the frontage roads, ramps and Beach Street. The drainage design elements include inlet placement, storm sewer design, culvert design, drainage structure design, erosion control, storm water pollution prevention plan and hydraulic analysis. The utility design efforts include utility coordination with public and franchise utility systems, and the relocation design of water and/or wastewater utilities impacted by the improvements. All drainage work will be performed in accordance with Standard Specifications for Construction of HighwM. Streets and Bridges(fxDOT),the LWraulic Manual (TXDOT)and TxDOT Standard Construction Details. All utility design work will be performed in accordance with City of Fort Worth criteria. All work will be performed in metric using the Bentley Microstation CAD format. The work is further defined as follows below. A. Prepare overall drainage area map, showing existing contours, proposed drainage patterns and outfall locations. Overall drainage maps shall be prepared based on available topographic mapping and field observations. B. Establish inlet and manhole locations. C. Establish drainage outfall locations. D. Design storm sewer systems and prepare storm sewer plan and profile sheets with supporting hydraulic data sheets. E. Design drainage outfalls and prepare culvert plan and profile sheets with supporting culvert hydraulics data. F. Prepare drainage plans for the proposed interchange improvements, including the following sheets: 1. Drainage Summary Sheets 2. Drainage Area Maps 3. Hydraulic Data 4. Drainage Plan and Profiles 5. Culvert Cross Sections/Details 6. Storm Water Pollution Prevention Plan 7. Drainage Details G. Coordinate drainage designs with existing and proposed utility designs in the corridor. Design the relocation of e)asting water facilities impacted by the proposed road construction. Design of other utility systems are specifically excluded. RPT\96129200.R01 11 August 21,1996 x SIGNING, MARKINGS AND SIGNALIZATION(Function Code 162): A. Identify location of conduit for final signal installation. B. Prepare guide sign details including support details. C. Prepare traffic signal warrants. D. Prepare signing, marking, and signaliization plans, including the following sheets: 1. Summary of Large Signs 2. Summary of Small Signs 3. Signing, Delineation and Pavement Markings 4. Guide Sign Layouts 5. Traffic Signal Plans 6. Traffic Signal Details E. Work items not included in this scope of services: 1. Confirm power source and prepare adjustment required for electric service. 2. Preparation of final signal installation layouts, details and foundation designs. XI. MISCELLANEOUS STRUCTURES(Function Code 163): A Retaining Wall Layouts: 1. Prepare preliminary layouts for the permanent retaining walls proposed for this project and obtain City of Fort Worth and TxDOT approval. Wall layouts shall be for proprietary wall systems for permanent installation and contractor supplied design. 2. Complete the wall layouts incorporating City of Fort Worth and TxDOT comments. 3. Coordinate foundation studies for retaining walls with the City of Fort Worth and TxDOT. 4. Prepare wall typical sections. 5. Prepare summary of retaining wall quantities for proprietary wall systems. 6. Coordinate wall drainage systems with the adjacent storm sewer systems. B. Sound Barrier Walls: This scope of services does not include sound barrier walls. C. Overhead Sign Structures Layouts: Overhead sign structure layouts shall be prepared for overhead sign bridges and cantilever sign structures. RPT\96129200.R01 12 ALQUd 21,1 996 XII. TRAFFIC CONTROL PLAN(Function Code 163): A. Prepare schematic construction sequencing and written narrative and submit to the City of Fort Worth and TxDOT for review. B. Refine schematic construction sequencing and written narrative. C. Prepare 65%complete traffic control plans and submit to T)DOT for approval. The traffic control plans shall consider and detail the following items: construction sequencing; traffic flow patterns; traffic control devices; signing; pavement markings; drainage; constnxtability'requirements; and identify locations of temporary retaining walls as may be required during construction. The traffic control plans shall maintain, to the ma)amum extent possible,the quality of existing traffic operations,and minimize the number of traffic moves. D. Refine traffic control plans and narrative based on TxDOT comments and prepare details,typical sections,traffic control devices, signing, and pavement markings. E. Prepare summary of temporary pavement markings and traffic control devices. F. Design temporary drainage to replace e)asting drainage disturbed by construction activities or to drain detour pavement. Prepare required profiles. G. Layout temporary shoring. H. Perform a preliminary construction schedule to determine the approximate duration of each phase of construction. I. The traffic control plans shall consist of the following sheets: 1. Suggested Construction Sequencing and Traffic Control Plans 2. Detour Plans and Profiles 3. Temporary Drainage Profiles 4. Temporary Shoring Layouts 5. Miscellaneous Traffic Control Details 6. Traffic Control Quantity Summary 7. Detour Pavement Design J. Work items not included in this scope of services: 1. Temporary traffic signals. 2. Temporary shoring details. RPT%96129200.R01 13 August 21,1 996 XIII. MISCELLANEOUS ROADWAY(Function Code 163): A. Illumination: 1. Summarize illumination quantities. 2. Work items not included in this scope of services: a. Confirmation of power sources. b. Preparation of illumination layouts, electrical circuit layouts, details and illumination foundation design. C. Design or plan preparation for temporary illumination facilities necessary for construction activities and temporary detours. B. Prepare Storm water Pollution Prevention Plans(SW3P) C. Prepare National Pollutant Discharge Elimination System(NPDES) permit. D. Prepare Quantities, Summaries and Cost Estimate. E. Prepare Special Provisions and Special Specifications. F. Coordinate production of General Notes through the City of Fort Worth and TxDOT. G. Prepare Traffic Signal Exhibits. H. Work items not included in this scope of services: 1. Landscaping and irrigation plans. I. PS&E Submittal Preparation and Reviews(all plan sheets are to be 11"x 17"): 1. 35%Review. Submit three(3)sets of preliminary plans to the City of Fort Worth and T)DOT for review and comments. The submittal will include typical sections, plan & profiles for all alignments, preliminary bridge and retaining wall layouts, and overall drainage map. Alignments will be considered final upon approval of this submittal. 2. 65%Review. Submit three(3)sets of preliminary plans to the City of Fort Worth and TxDOT for review and comments. The submittal will include typical sections, plan & profiles for all alignments, completed bridge and retaining wall layouts, drainage details and hydraulic data. Profiles, bridge and retaining wall layout, drainage design and right-of-way will be considered final upon approval of this submittal. 3. 95% Review: Submit six(6) sets of review plans to the City of Fort Worth and TxDOT for review and comments. The submittal will include completed plans including specifications, general notes and quantities. RPTU6129MR01 14 August 21,1 996 4. 100%Submittal: Submit one(1)set of mylar originals and up to ten (10)sets of prints of plans, specifications and estimate. 5. Deliverables a. Provide the City of Fort Worth and TxDOT with an electronic deliverable graphic tape of substantially complete design documents (excluding standard drawings)for this project. This tape shall be in Micro station format or formats that are compatible with the computer system used by the City of Fort Worth and TxDOT. b. Provide the City of Fort Worth and TxDOT with the following earthwork construction cross section data files: (1) Cross Section Centerline (2) Original Ground Cross Sections (3) Proposed Design Cross Sections XIV. BRIDGE LAYOUTS AND DESIGN(Function Code 170): A. Verify bent locations and coordinate structure type and span lengths with the City of Fort Worth and TxDOT. B. Prepare preliminary typical sections and layouts for the bridge as directed by the City of Fort Worth and TxDOT. Submit preliminary layouts to the City of Fort Worth and TxDOT for approval. C. Prepare final bridge layouts incorporating City of Fort Worth and TxDOT comments and details. Bridge width included in this design will have a ma)amum width of 31 meters. D. Prepare preliminary bridge structure design and construction documents for review by the City of Fort Worth and TxDOT. E. Incorporating the review comments of the City of Fort Worth and TxDOT, prepare final bridge structure design and construction documents. F. Prepare summary of bridge quantities. RPTW129=.R01 15 August 21,1 996 C� RM .t l ♦4 •r - l��i�Elt!!!l li�t)•llfl>•iflfi�iEliCli!-iQ� Function Code 120 Function Code 130 Function Code 150 +Design Surveys , Function Code 160 +Roadway Design I Earthwork , Function Code 161 ' •Drainage Plans Prep , +SW3P , Function Code 162 ' •Sign I Pavement Markings •Traffic Signal Design , Function Code 163 ' •TCP&Construction Sequence •Illumination Plans , +Dty/EstlSpeclGen Notes , +Retain Wall Layout/Design , Function Code 170 ' +Bridge Design , Ft.Worth Utiity Plan Prep City I TxDOT Revie:-:s or I North Beach Sbvd @ N.E.Loop 820 Rf1il���lt!!!!tl��!!!litli�li�iiFliCliFT;•i ) g § § § 6 ! § §; > Pao �� .\CI z § { ) \ § ¢ §kwm Ty 2 2 f 0 § > q 0 § § 00 Z z § K> k , # § m § � P & g z §2 § , § § =2 § _ - § A «' 2 0 0 § a s § .1 K s M ` { { { ®rte §� � \ )§ Fn- (4 ! / : § ■ a a = s o ® ? § ; Mo (B§ m ■ » k §§ § ) B B B B § 8 Zrn 2 m ! a S § o § �m ; m M / _ / k § § § k B § § \ 0 § § § a a s 8 _m os _ ■ § K k § k k § 0 ¥ _ § � ;ate _ { { { 2 { 0 ®rn - /�;§J;e � - 77�/�§� ! §§]§§72 ;« . §�-/§ 2 GT §@ ' } z �T rn k� , rn § a§ \ 2 § § . CO) § C o� 4k s 0 0 0 o o 0 8 . „_,_ d § 6 7 § R § § k) 0 2 , to § § 3 §§ ; @§7 } k0M , § �z( 2 § ( § o§ A 9s W - k \ ` S ca x / ) § § ca 2 }co 0 ca M d) ) a\/ § ! 0 § § k m ; ■ o ! : _ _ -® �) ƒ2 �� ' / \ ■\) � § § - a o 8 : § a 0 !M. 2 § M m � �/� �m� - m: $-,§ c o a §� ■ : § § 7 2 a § k § § B : ;m ° /M$k \ po B ol 0 01 01 0 C-1 0 ol § : s o 0 0 0 0 0 0 0 CD 0 �� ( m�� - &§ B o 0 0 0 o o § B o K ;«; § 2� 2�2��l� AlV cc*2Q2 2 0 ` 0 s ■ U 0. k 5�m W< a «9gon�o ; n2ozGGa . ■§ §) § § � - - - - - - - - - - - � , ,7 �. 8« OR § M § ° I§ w ° # § K - ` § § CIO ol 0 0 0 0 0 0 0 K/. ----- ■ - - - G ¥ $ E2§k§ � � ■ � � � Exhibit "C" METHOD OF PAYMENT for INTERSECTION IMPROVEMENTS Beach Street at IH-820 Carter & Burgess, Inc. shall be paid monthly based upon receipt of two (2) invoices from the engineer outlining the estimated percent complete on the project. The aggregate of such monthly partial payments shall not exceed the following: Percent of Project Phase Maximum Fee Phase 1 35% Complete 35 Phase 2 65% Complete 65 Phase 3 100% Complete 95 Balance of earnings to be due and payable after the preconstruction meeting of the project. Payment according to statements will be subject to certification by the Director of the Department of Transportation & Public Works or his authorized representative that such work has been performed. �tll � rsa bltlb L dKIt m bUK6CJJ Il1IJ b Uy : UU Y .UUIIUUI EXHIBIT D Plw&nerery Cow Erdman Carter&Burgess.Inc. Project Nanw: North BeacMH 820"archange Prepared by: TLT Fort Worth,Texas Checked by: LDT C&S Project No.: 961292009 DESCRIPTION UNIT QUANTITY UNIT TOTAL COST 1 Earthwork CY 7, .00 1,000M 2 Permanent Pavement(Beach Street) SY 10.050 $ 30.00 $ 301,500.00 3 Temporary Pavement(IM 8201 SY 22,300 $ 25.00 $ 557,500.00 4 Temporary Pavement(Ramps&Tapers) SY 22.000 $ 20.00 $ 440,000.00 5 Bridge SE 34,500 $ 30.00 $ 1.035,000.00 6 Ughting&Slgnafization LS 1 $ 100,000.00 $ 100,000.00 7 IDwouts&Traffic Handling LS 1 1 $ 200,000.00 ! 200,000.00 Subtotal l 2,655,000.00 Cmrdnverraira S 245,000.00 Toni $ 2,900,000.00 PRELIM.XLS 12/13/96 8:11 AM City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER I LOG NAME PAGE 01/09/97 C-15852 20BEAC 1 of 1 SUBJECT ENGINEERING SERVICES AGREEMENT CARTER AND BURGESS, INC., FOR INTERSECTION IMPROVEMENTS ON NORTH BEACH STREET AT IH-820. (PROJECT NO. 30-021209) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering services agreement with Carter and Burgess, Inc., Fort Worth, Texas, to prepare plans and specifications for intersection improvements to relieve traffic congestion on North Beach and IH- 820 for a lump sum fee of $304,500.00. DISCUSSION: On May 9, 1995, (M&C C-14800), the City Council authorized the execution of a Congestion Mitigation and Air Quality Improvement Agreement with TxDOT for intersection improvements on North Beach Street and IH-820 at an estimated cost of $3,200,000. The State will be responsible to secure the fifty-three (53%) Federal share of the funding required for the design, right-of-way acquisition and construction cost of the project. Costs in excess of the Federal share will be borne by the City of Fort Worth. Under the terms of the agreement the City is responsible for the design of the improvements,securing any needed rights-of-way,and adjusting or relocating utilities. TxDOT will advertise, award and inspect construction of the project. Carter and Burgess, Inc., was selected by the City to prepare plans and specifications for the project for a lump sum fee of $304,500. Staff considers this fee to be fair and reasonable for the scope of services to be performed. Carter and Burgess, Inc., has committed to 27% MWBE participation. The project is located in COUNCIL DISTRICTS 2 and 4. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that funds are available in the current capital budget, as appropriated, of the Streets Improvement Fund. MG:f Submitted or City Manager's FUND A McRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: ,IAN 9 1007 Hugo A. Malanga 7800 (from) GS 10 531200 02030021 090 $304,500.00 �CA41A� For Additional-Information Ciy cnh S. ry of the Contact: City of Fort WorM Tem Hugo A. Malanga 7800 0 Printed on Recyded Paper