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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Kimley-Horn and
Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as the Trinity Parkway
Alignment Study.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will
be paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to the ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving seven (7) days' written notice to CITY, suspend services
under this AGREEMENT until paid in full, including interest. In the event
of suspension of services, the ENGINEER shall have no liability to CITY
for delays or damages caused the CITY because of such suspension of
services.
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Article IV
Obligations of the ENGINEER
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGIIVEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and
advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed. All design plans shall be prepared by, or under the
direct supervision of, a Texas licensed professional engineer who is regular full-
time employee of the consultant company.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment
A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for
the use of such drawings for any project other than the PROJECT described
herein.
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E. Engineering Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited
to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control
over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth
in Attachment A, the ENGINEER or its personnel shall have no obligation
or responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in
a manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the
Contract Documents or the agreement between CITY and ENGINEER be
construed as requiring ENGINEER to make exhaustive or continuous on-
site inspections to discover latent defects in the work or otherwise check
the quality or quantity of the work on the PROJECT. If, for any reason,
the ENGINEER should make an on-site observation(s), on the basis of
such on-site observations, if any, the ENGINEER shall endeavor to keep
the CITY informed of any deviation from the Contract Documents coming
to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification or performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be
entitled to rely upon such certification to establish materials, systems or
equipment and performance criteria to be required in the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures ,qnd market--
conditions; time or qualify or performance by third parties; quality, type
management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the Contract Documents; that
the final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY
and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT
was finally constructed. The ENGINEER is not responsible for any errors or
omissions in the information from others that is incorporated into the record
drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with the City of Fort Worth Ordinance No. 11923, as amended by
Ordinance 13471, the CITY has goals for the participation of minority business
enterprises and woman business enterprises in CITY contracts. ENGINEER
acknowledges the M/WBE goal established for this contract and its commitment
to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the ENGINEER may result
in the termination of this agreement and debarment from participating in CITY
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3)
years after final payment under this contract, have access to and the right
to examine and photocopy any directly pertinent books, documents,
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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 workspace in order to conduct audits
in compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all necessary
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. ENGINEER'S Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the CITY certificate(s) of insurance documenting
policies of the following coverage at minimum limits which are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written
on a split limits basis). Coverage shall be on any vehicle used in the course of
the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease— policy limit
$100,000 disease—each employee
Professional Liability
$1,000,000 each claim/annual aggregate
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(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be enforced to name the CITY an
Additional insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance
coverages specified according to Section K.(1) and K.(2) of this
AGREEMENT are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal
or material change in coverage shall be provided to the CITY. A
ten (10) days notice shall be acceptable in the event of non-
payment of premium. Such terms shall be endorsed onto
ENGINEER's Insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
State of Texas or be otherwise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole
discretion; and, in lieu of traditional insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also approved. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless such are approved by the
CITY.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is
provided the ENGINEER on an occurrence basis.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(1) All insurance required in Section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis
in order to be approved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
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 owners.
The ENGINEER further acknowledges 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.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the
ENGINEER will, if requested, assist the CITY in obtaining the services of
a qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities— Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonable aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to -the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perform, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required by
local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
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insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule
in Attachment D.
E. Prompt Notice
The CITY will give prompt notice to the ENGINEER whenever CITY observes or
becomes aware of any development that affects the scope or timing of the
ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGINEER and its officers, employees, and subcontractors from
all claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect
any tax to fund this indemnification.
(2) The indemnification and release required above shall not apply in the
event the discharge, release or escape of hazardous substances,
contaminants, or asbestos is a result of ENGINEER's negligence or if
such hazardous substance, contaminant or asbestos is brought onto the
PROJECT by ENGINEER.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
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 o'f'ficers, employees, and subcontractors, for any claim
arising out of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no right or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
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(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-parry 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.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
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B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The final designs, drawings,
specifications and documents shall be owned by the CITY.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience
on 30 days' written notice. This AGREEMENT may be terminated by
either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and does not
commence correction of such nonperformance within five (5) days of
written notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the CITY, the
ENGINEER will be paid for termination expenses as follows:
(a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER's work product;
(b) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or
services;
(c) The time requirements for the ENGINEER's personnel to
document the work underway at the time the CITY's termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The
CITY's approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of
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the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this AGREEMENT or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful,
the claim, dispute or other matter in questions shall be submitted to
arbitration if both parties acting reasonably agree that the amount of the
dispute is likely to be less than $50,000, exclusive of attorney's fees,
costs and expenses. Arbitration shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association or other applicable rules of the Association then in effect.
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Any award rendered by the arbitrators less than $50,000, exclusive of
attorney's fees, costs and expenses, will be final, judgement may be
entered thereon in any court having jurisdiction, and will not be subject to
appeal or modification except to the extent permitted by Sections 10 and
11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11)
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If
litigation is filed by either party within said ninety (90) day period, the
award shall become null and void and shall not be used by either party for
any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B, VI.D, VI.H, and VI.J shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all time observe and comply with all federal and State laws
and regulations and with all CITY ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws, ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by
a written amendment executed by both parties. The following attachments and schedules are
hereby made a part of this AGREEMENT.
Attachment A—Scope of Services
Attachment B —Compensation
Attachment C —Amendments to Standard Agreement
Attachment D — Schedule
ATTEST: CITY OF FORT WORTH
ry
Martha A. Hendrix NYarc Ott
City Secretary Assistant Ci Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED
AND LEGALITY
AAW &W'u� r
J d�
Gary St nberger V Robert D. Goode, P.E., Director
Assistant City Attorney Transportation and Public Works
ATTEST: KIMLEY-HORN AND ASSOCIATES, INC.
G. rad Tri le, P.E.
Senior Vice-President
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Contra Autho i tioi
Date ^.'� •,,
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ATTACHMENT "A"
SCOPE OF SERVICES
TRINITY PARKWAY ALIGNMENT STUDY
FORT WORTH, TEXAS
PROJECT UNDERSTANDING
Phase 1 of this project, the Near West Side Traffic Study, was recently completed which
evaluated the need for an arterial roadway, Trinity Parkway, which would connect 7th
Street to University Drive at the Harley St. intersection. The Study concluded that the
construction of Trinity Parkway would have a positive impact on regional mobility and
travel time and would reduce the amount of traffic traveling through Trinity Park and
adjacent streets. As a result, the Study recommended that Trinity Parkway remain on the
City's Master Thoroughfare Plan.
The next step is to determine the appropriate alignment of Trinity Parkway. This Scope
of Services includes two major components: 1) the technical support for a series of
public involvement initiatives to collect input from the project stakeholders, and 2) the
transportation planning and engineering to evaluate potential roadway alignments. In
response to public input, alignments will be developed and evaluated. The goal of the
project is to identify a preferred alignment and roadway typical cross section(s) based
upon an open, iterative public comment process. This phase of the project, Phase 2, will
evaluate three potential Trinity Pkwy. alignments (including the location currently on the
Master Thoroughfare Plan).
The study will include documentation of the technical considerations for the roadway
alignment alternatives, the process by which the roadway alternatives were
developed, and most importantly, the public involvement process and the public's
input. Once a preferred alignment is established, the alignment can be presented to
the Planning Commission and the City Council so that ultimately a specific corridor
can be placed on the City's Master Thoroughfare Plan.
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the Parties shall negotiate a
written amendment to this Agreement. The Engineer shall not proceed with work on any
additional services prior to the Parties executing a written amendment. The Scope of
Services includes the following primary tasks:
■ Task 1 — Data Collection
■ Task 2— Public Input
■ Task 3—Alignment Alternative Analysis
■ Task 4— Public Comment on Preliminary Alignment Alternatives
■ Task 5—Alignment Study Report (Draft)
■ Task 6— Public Presentations
■ Task 7—Alignment Study Report (Final) T [?l,• L
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Task 1 — Data Collection
1.1 Survey Data Collection and Property Research
1.1.1 Gather new plat information (some data collected in project's previous
phase)
1.1.2 Collect property owner and record information (some data collected in
project's previous phase)
1.1.3 Gather existing right-of-way and easement information (some data
collected in project's previous phase)
1.1.4 Obtain Tarrant County Appraisal District information within the corridor
1.1.5 Obtain CITY's GIS property information
1.2 Design Standards and Data Collection (CITY to provide hard copy and electronic
copy if available)
1.2.1 Roadway: proposed/existing plats, existing roadway record drawings,
proposed (or under construction) roadway design documents
1.2.2 Drainage: available floodplain studies for the adjacent area, drainage
studies for existing/proposed developments, record drawings for existing
drainage infrastructure
1.2.3 Utilities: existing water line record drawings, existing sanitary sewer line
record drawings, water and sanitary sewer master plan requirements
1.2.4 Current Land Use and Zoning Maps (data collected in project's previous
phase)
1.2.5 Prepare for and attend one (1) project kickoff meeting with City Staff to
discuss the project and design requirements.
1.3 Coordinate Aerial Survey Information
1.3.1 Gather aerial photographic and topographic data from North Central
Texas Council of Governments (NCTCOG) available to the CITY under
their icommunities program. It is assumed by the ENGINEER that the
CITY will purchase and/or provide the data independent of the scope and
fee of this contract, and make it available to the ENGINEER either directly
or through coordination with NCTCOG's GIS Department. It is further
understood by the CITY that the topographic contours available in the
NCTCOG GIS are at 2-foot intervals. This 2-foot contour interval will limit
the accuracy and detail of the roadway schematic design to a minimum of
2-feet.
1.3.2 The ENGINEER will perform conversion of the NCTCOG data into
computer image files that will serve as the base files for the schematic
design. The limits of the conversion area will be from 71h Street to a point
just west of University Drive.
Task 2— Public Input
2.1 Prepare for and attend two (2) public input meetings with City Staff and project
stakeholders
2.2 Facilitate and document a Project Goal discussion
2.3 Document stakeholder input
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Task 3 —Alignment Alternative Analysis
3.1 Schematic Roadway Design
3.1.1 Horizontal Roadway Design
3.1.1.1 Prepare up to three (3) schematic roadway alignments
3.1.1.2 Prepare typical section(s)
3.1.1.3 Since this scope does not include geotechnical engineering
services, the preliminary pavement design will be based on the
CITY's typical section(s)
3.1.2 Schematic Plan and Profile (one for each alignment— roll plot format at a
1"=100' scale)
3.1.2.1 Plan — Items to be included:
• Existing right-of-way based on data collected in section 1.1
• Existing 2-ft contours based on NCTCOG's GIS
• Existing pavement (where applicable)
• Existing storm drain and City utility locations
• Proposed right-of-way, centerline, and face of curb
• Proposed transition pavement tie-ins to existing pavement
• Proposed cross drainage facilities (if any)
• Proposed retaining wall general limits and average heights
• Proposed slope limits (outside ROW) as needed to achieve
proposed vertical alignment
3.1.2.2 Profile— Items to be included:
• Existing ground profile
• Proposed vertical alignments—top of curbs
• Superelevation data (if necessary)
3.1.3 Drainage and Floodplain Evaluation
3.1.3.1 Develop a preliminary drainage area map of the project area
based on NCTCOG's 2-ft contours
3.1.3.2 Analyze existing and ultimate condition flows from undeveloped
and developed areas along the roadway corridor
3.1.3.3 Locate cross drainage facilities (if any). Sizing of these facilities
is not included in this scope of services
3.1.3.4 Show the limits of the existing floodplain on the schematic
roadway plan view
3.1.4 Utilities
3.1.4.1 Schematically layout one (1) water main within the proposed
right-of-way based on the City's Water Master Plan
3.1.4.2 No sanitary sewer main layout is included
3.2 Opinion of Probable Construction Cost (OPCC)
3.2.1 Prepare an OPCC for each of the three (3) schematic alignment
alternatives
3.3 Cursory Evaluation of Trinity Park traffic circulation
3.3.1 Provide recommendations regarding potential modifications to Park
access and circulation
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3.4 Alignment Alternative Analysis
3.4.1 Social, Economic, and Environmental Evaluation
3.4.1.1 Impact of alignment alternatives shall be identified, including but
not limited to:
■ business/residential relocations (if any)
■ adjacent businesses and residences
■ right-of-way acquisition, parking, access
■ air quality based upon increased travel time and delay
• potential changes in land use because of proposed access
and circulation
• Trinity Park
■ Trinity River levee
■ Trinity River Floodplain
■ Lancaster Bridge
■ Economic obstacles
■ Stakeholder Input
3.3.2 Past studies will be referenced and documented if alternatives are
identified/eliminated based upon previous work
3.3.3 Major environmental, social, and economic impacts that require
significant mitigation shall be identified for further study
3.4.2 Develop Alignment Alternative Evaluation Matrix exhibit that identifies
alignment alternatives' opportunities and constraints (i.e. impact on Trinity
River levee, impact on existing buildings, construction cost, permitting
required, etc.)
Task 4— Public Comment
4.1 The ENGINEER will coordinate with the CITY to develop one (1) PowerPoint
presentation to present to the project stakeholders. The presentation will include
a summary of the Public Input from Task 2 and the preliminary results of the
Alignment Alternative Analysis (including three (3) Draft Alignment Alternative
Exhibits). We anticipate the following public meetings associated with presenting
our initial alignment alternatives analysis:
4.1.1 Up to four (4) meetings with various special interest groups
4.1.2 Up to two (2) neighborhood meetings
4.1.3 One (1) meeting with the Parks Board
4.2 Assist the CITY in identifying the location of and logistics in support of the public
meetings
4.3 Publish and distribute official meeting notices
4.3.1 Develop and maintain a project stakeholder mailing list, including but not
limited to:
■ Adjacent property owners
■ Representatives of various special interest groups
■ Interested parties
4.3.2 The mailing list will be computerized with sorting and automated labeling
capability
4.4 Prepare meeting agendas, handouts, and attendance sheets
4.5 Document the meeting, including meeting agendas, handouts, minutes of the
meeting, etc.
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4.6 Prepare for and attend up to two (2) meetings with CITY Staff to discuss the
public comments
Deliverables
• PowerPoint Presentation, including maps, tables, and other supporting graphics
• Informational Displays/Exhibits of the Alignment Alternatives
• Official Meeting Notices (up to 50 per meeting)
• Meeting Agendas, Handouts, and Attendance Sheets
• Mailing List (hard copy and digital file)
• Documentation for each Meeting (3 copies—2 bound, 1 unbound)
Task 5— Alignment Study Report (Draft)
5.1 Alignment Study Report (Draft)
5.1.1 Produce a report discussing our findings related to the three (3)
schematic design alternatives for the proposed roadway. The report is
anticipated to include the following sections:
5.1.1.1 Executive Summary
5.1.1.2 Roadway Plans, Profiles, and Typical Sections
5.1.1.3 Drainage (including floodplain delineation)
5.1.1.4 Public Utilities
5.1.1.5 Franchise Utilities
5.1.1.6 Alignment Alternative Evaluation Matrix
5.1.1.7 Documentation of Public Meetings
5.1.1.8 11" x17" Exhibits showing the three (3) schematic designs
5.1.2 The ENGINEER will prepare ten (10) copies of the Draft Report for
submittal to the CITY
5.1.3 Prepare for and attend up to two (2) meetings with City Staff to present
and discuss the Draft Report
Deliverables
• Draft Trinity Parkway Alignment Study Report (10 copies)
• Draft hard copies and electronic files of Report, Maps, Charts, Tables, and other
Graphics
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Task 6— Public Presentations
6.1 The ENGINEER will coordinate with the CITY to update the PowerPoint
presentation developed as part of Task 4. The updated presentation will be
presented to the project stakeholders. The presentation will include a summary of
the Public Input from Task 2 and the results of the Alignment Alternative Analysis
(including three (3) Final Alignment Alternative Exhibits). We anticipate the
following public meetings associated with presenting our draft alignment study
results:
6.1.1 One (1) meeting with the Parks Board
6.1.2 One (1) meeting with the Planning Commission
6.1.3 One (1) meeting with the City Council
Deliverables
• PowerPoint Presentation, including maps, tables, and other supporting graphics
• Informational Displays/Exhibits of the Alignment Alternatives
Task 7— Alignment Study Report (Final)
7.1 Prepare for and attend up to two (2) meetings with City Staff to present and
discuss the Final Report
7.2 Based upon public input and review comments from the CITY, the ENGINEER
will incorporate those comments and submit twenty (20) copies of the Final
Report to the CITY
Deliverables
• Final Trinity Parkway Alignment Study Report (20 copies)
• Final hard copies and electronic files of Report, Maps, Charts, Tables, and other
Graphics
�L_J .
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Additional Services
Any services not specifically provided for in the above scope, as well as any changes in
the scope you request, will be considered additional services and will be performed at
our then current hourly rates as we agree prior to their performance. Additional services
we can provide include, but are not limited to, the following:
• On-ground Topographic and Right-of-Way Survey
• Right-of-Way/ Easement Instruments of Conveyance
• Environmental Permitting/Remediation
• Geotechnical
• Preliminary or Final Design (including roadway, drainage, utilities, etc.)
• Franchise Utility Coordination
• Bidding Phase Services
• Construction Contract Administration
• Construction Staking
• FEMA Submittals
• Design of any offsite drainage improvements
• Design of retaining walls, specialized inlets, or gabion mattress erosion control
systems
• Preparation for and attendance at additional public meetings
• Furnish additional copies of review documents in excess of the number of the
same identified above
• Assist the CITY as an expert witness in litigation in connection with the project or
in hearings before approving and regulatory agencies
• Redesign to reflect project scope changes requested by the CITY or mandated
by changing governmental laws
Nn-
1'
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ATTACHMENT"B"
COMPENSATION
TRINITY PARKWAY ALIGNMENT STUDY
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT"A" (Scope of
Services, Trinity Parkway Alignment Study), the CITY agrees to pay the ENGINEER
a lump sum fee of $86,200.
II. BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for the professional engineering
services included in ATTACHMENT"A" on a Lump Sum basis. The lump sum fee
includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, blueprinting, facsimile, local mileage, telephone,
postage, and computer expenses.
The ENGINEER shall be paid monthly based on invoices submitted to the CITY for
the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
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EXHIBIT"13-1"
M/WBE Summary
Trinity Parkway Alignment Study
Fort Worth,Texas
Task Description Fee M/WBE (%)
Task 1 Data Collection $ 5,000 $
Task 2 Public Input $ 36,000 $
Task 3 Alignment Alternative Analysis $ 2,400 $
Task 4 Public Comment on Preliminary Alignment Alternatives $ 22,200 $ 7,100
Task 5 Alignment Study Report(Draft) $ 9,800 $ 500
Task 6 Public Presentations $ 6,000 $ 1,000
Task 7 Alignment Study Report(Final) $ 4,800 $ 1,000
Total Project $ 86,200 $ 9,600 11.14%
M/WBE Subconsultant Services Fee
InterStar Public Relations/Documentation $ 6,600
AlphaGraphics#83(ML Holding) Printing/Reporduction $ 3,000
Total $ 9,600
This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 10%. The actual dollars paid
by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant.The subconsultants listed are those
intended for use on this project,but the actual subconsultants used may vary.
ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT
TRINITY PARKWAY ALIGNMENT STUDY
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
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ATTACHMENT "D"
SCHEDULE
TRINITY PARKWAY ALIGNMENT STUDY
FORT WORTH, TEXAS
The ENGINEER will endeavor to meet the CITY's scheduling needs on this project. The
ENGINEER will complete the defined Tasks 1-7, in the Scope of Services in three (3)
months.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/5/2004
DATE: Thursday, August 05, 2004
LOG NAME: 20KIMLEY REFERENCE NO.: **C-20176
SUBJECT:
Award of Contract to Kimley-Horn and Associates, Inc. to Conduct an Alignment Study for Trinity
Parkway between West Seventh Street and University Drive
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
agreement with Kimley-Horn, Inc. in the amount of $86,200 to determine the appropriate alignment for the
proposed Trinity Parkway. Funding for this contract would be allocated from this fund account center:
GG01-531200-0202501. The scope of services includes two major components:
1. The technical support for a series of public involvement initiatives to collect
public input from the project stakeholders, and
2. The transportation planning and engineering to evaluate potential roadway alignments.
DISCUSSION:
In May 2003, the City of Fort Worth contracted with Kimley-Horn, Inc. for a near Westside traffic study for
Trinity Parkway from University Drive to West 7th Street. Trinity Parkway is shown on the 1990 Master
Thoroughfare Plan and the 2004 Master Thoroughfare Plan as a four-lane divided arterial street from
University Drive to West 7th Street. The study concluded that the construction of Trinity Parkway would
have a positive impact on regional mobility and travel time and would reduce the amount of traffic traveling
through Trinity Park and adjacent residential streets. As a result, the study recommended that Trinity
Parkway remain on the City's Master Thoroughfare Plan.
The next step is to determine the appropriate alignment of Trinity Parkway. This phase of the project,
Phase II, will evaluate three potential Trinity Parkway alignments (including the location currently on the
Master Thoroughfare Plan). The study will include documentation of the technical considerations for the
roadway alignment alternatives, the process by which the roadway alternatives were developed, and the
public involvement process and the public's input. The goal of the project is to identify a preferred
alignment and roadway typical cross section(s) based upon public comment process. Once a preferred
alignment is established, the alignment will be presented to the Planning Commission and the City Council
so that ultimately, a specific corridor can be placed on the City's Master Thoroughfare Plan. It is anticipated
that the study will be completed by the end of September 2004.
Kimley-Horn and Associates, Inc. is in compliance with the City's M/WBE Ordinance by committing to 11%
M/WBE participation.
This project is located in Council District 9.
-.ogname: 20KIN LEY Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon adoption of the attached appropriation ordinance, funds will be
available in the current operating budget, as appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0202501 $86.200.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Christa Sharpe (8009)
Logname: 20KIMLEY Page 2 of 2