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HomeMy WebLinkAboutContract 29433 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS AGREEMENT FOR PLANNING, DESIGN, AND ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY") and Turner Collie & Braden Inc. (the "CONSULTANT") for a PROJECT generally described as.- Planning, s:Planning, Urban Design, and Engineering Services for Ninth Street Pedestrian and Streetscape Enhancements. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Exhibit A-1, Supplemental Scope of Services, shall be revised as appropriate and agreed to by the CITY and the CONSULTANT after the completion of "Phase 1: Conceptual Design" so as to accurately reflect the "Phase 2: Final Design" services required to fully develop the elements of the approved 30 percent conceptual plan. Article II Compensation A. The CONSULTANT's compensation is set forth in Attachment B. Attachment B, Compensation and Schedule, shall be revised as appropriate and agreed to by the CITY and the CONSULTANT after the completion of "Phase 1: Conceptual Design" so as to accurately reflect the "Phase 2: Final Design" compensation and schedule required to fully develop the elements of the approved 30 percent conceptual plan. Article III Terms of Payment Payments to the CONSULTANT will be made as follows: A. Invoice and Payment (1) The CONSULTANT shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) The CONSULTANT will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final rayment of any balance will be due within 30 days of receipt of the final invoi w'�'� (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 CONSULTANT for billings contested in good faith within 60 days of the amount due, the CONSULTANT may, after giving 7 days' written notice to the CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the CONSULTANT shall have no liability to the CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the CONSULTANT Amendments to Article IV, if any, are included in Attachment C. A. General The CONSULTANT will serve as professional design and engineering representative for the CITY under this Agreement, providing professional design and engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the CONSULTANT's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The CONSULTANT 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 CONSULTANT 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, rl l 1kill n r, DESIGN AND ENGINEERING CONTRACT lJ , � Page 2 of 30 d 1J 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 CONSULTANT. D. Preparation of Engineering Drawings The CONSULTANT will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by the CITY, which shall become the property of the CITY. The CITY may use such drawings in any manner desired; provided, however, that the CONSULTANT shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. CONSULTANT's Personnel at Construction Site (1) The presence or duties of the CONSULTANT's personnel at a construction site, whether as on-site representatives or otherwise, do not make the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 the CITY and CONSULTANT be construed as requiring CONSULTANT 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 CONSULTANT should make an on-site observation(s), on the basis of such on-site observations, if any, the CONSULTANT shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of CONSULTANT regarding the PROJECT. DESIGN AND ENGINEERING CONTRACT Page 3of30 Ui (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the CONSULTANT 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 CONSULTANT 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 CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the CONSULTANT makes no warranty that the actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the CONSULTANT's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the CONSULTANT to the CITY for periodic construction progress payments to the construction contractor will be based on the CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 DESIGN AND ENGINEERING CONTRACT n(� 'l Page 4of30 0fFICI tiLt. CRY FT. ,051 �I finally constructed. The CONSULTANT is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Disadvantaged Business Enterprise (DBE) Participation The CITY has goals for the participation of disadvantaged business enterprises enterprises in contracts. CONSULTANT acknowledges the 25 percent DBE 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 CONSULTANT 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) CONSULTANT 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 CONSULTANT involving transactions relating to this contract. CONSULTANT agrees that the CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give CONSULTANT reasonable advance notice of intended audits. (2) CONSULTANT 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 four (4) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. The CITY shall give subconsultant reasonable advance notice of intended audits. (3) CONSULTANT and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse CONSULTANT for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. CONSULTANT's Insurance (1) Insurance coverage and limits: DESIGN AND ENGINEERING CONTRACT 0,011 AL k( PID Page 5 of 30 Vpptq�� , �^g(� 5p��gp tAll S�(q1� CONSULTANT shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $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 (2) Certificates of insurance evidencing that the CONSULTANT has obtained all required insurance shall be delivered to the CITY prior to CONSULTANT proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY as Additional Insured thereon, as its interests may appear. The term the CITY shall include employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverage specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto CONSULTANT's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. DESIGN AND ENGINEERING CONTRACT ,'age 6 of 30 (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the CITY; 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 CONSULTANT's insurance policies including endorsements thereto and, at the CITY's sole discretion, the CONSULTANT may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT shall be required by the CONSULTANT to maintain the same or reasonably equivalent insurance coverage as required for the CONSULTANT. When subconsultants maintain insurance coverage, CONSULTANT shall provide the 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 DESIGN AND ENGINEERING CONTRACT 2 lc, i�,10,,•��:oil'' Page7of30fJ\ Jr�� �� �VV canceled or terminated, such cancellation or termination shall not constitute a breach by CONSULTANT of the Agreement. L. Independent Consultant The CONSULTANT agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The CONSULTANT acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The CONSULTANT further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the CONSULTANT 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 CONSULTANT 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 CONSULTANT should have been aware of at the time this Agreement was executed, the CONSULTANT 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 CONSULTANT could not have been reasonably aware of, the CONSULTANT 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. DESIGN AND ENGINEERING CONTRACT 04FICIM WOW Page 8 of 30 CITY ME A�QQ.. Y FT. 11�RTH, EK. A. City-Furnished Data The CITY will make available to the CONSULTANT all technical data in the CITY's possession relating to the CONSULTANT's services on the PROJECT. The CONSULTANT 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 CONSULTANT as required for the CONSULTANT's performance of its services and will provide labor and safety equipment as required by the CONSULTANT for such access. The CITY will perform, at no cost to the CONSULTANT, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the CONSULTANT'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 CONSULTANT's services or PROJECT construction. D. Timely Review The CITY will examine the CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment B. E. Prompt Notice The CITY will give prompt written notice to the CONSULTANT whenever the CITY observes or becomes aware of any development that affects the scope or timing of the CONSULTANT's services or of any defect in the work of the CONSULTANT or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release CONSULTANT 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 DESIGN AND ENGINEERING CONTRACT �—- Page 9 of 30 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 CONSULTANT'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by CONSULTANT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the CONSULTANT's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the CONSULTANT 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 CONSULTANT, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only CITY will be the beneficiary of any undertaking by the CONSULTANT." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the CONSULTANT and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against CONSULTANT. 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 DESIGN AND ENGINEERING CONTRACTVJ�i� Page 10 of 30 61 MUM V V Ciff B"!I A/10 T. ^'�1 n �' iyfl l YEN','. at the replacement cost value of the PROJECT. The CITY may provide CONSULTANT 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 CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event the CITY requests such services of the CONSULTANT, 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 CONSULTANT's cost 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 CONSULTANT shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the CONSULTANT, 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 CONSULTANT will be at the CITY's risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The CONSULTANT is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the DESIGN AND ENGINEERING CONTRACT Page 11 of 30J control of the CONSULTANT. 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 CONSULTANT for cause if any party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the CONSULTANT will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of CONSULTANT'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 CONSULTANT'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 CONSULTANT 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 CONSULTANT for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the CONSULTANT's personnel and subcontractors, and CONSULTANT's compensation will be made. F. Indemnification (1) The CONSULTANT 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 CONSULTANT, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the CONSULTANT 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 DESIGN AND ENGINEERING CONTRACT Page 12 of 30 0;r,",7H I E G1:v the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. 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 CONSULTANT 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 CONSULTANT arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of the CITY or CONSULTANT hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall DESIGN AND ENGINEERING CONTRACT 2 r1I'�;111L G'r'�"^ Page 13 of 30 w� +�'+Gtiy 'i become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply CONSULTANT shall at all times observe and comply with all federal and State laws and regulations and with all local 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. CONSULTANT agrees to defend, indemnify and hold harmless the CITY and all CITY officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A— Scope of Services Attachment B —Compensation Attachment C — Amendments to Agreement for Planning, Design, and Engineering Services Executed this the day of , 20 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) DESIGN AND ENGINEERING CONTRACT � "1i��f U yS.o Page 14 of 30 _ ATTEST: CITY OF FORT WORTH r1 Gloria Pearson C arles Boswell City Secretary Assistant City Manager APPROVED AS TO FORM AND LEG ITY Cynthia Garcia Assistant City Attorney ATTEST: TURNER COLLIE & BRADEN, INC. Ann Kovich Associate Vice President :ontract Uthorization _!L__I L_L _ Date DESIGN AND ENGINEERING CONTRACT Page 15 of 30 ATTACHMENT A GENERAL SCOPE OF SERVICES "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERAL 1) Preliminary Conference with City The Consultant shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Consultant will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Consultant shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed improvements. It shall be the Consultant's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Agreements and Permits The Consultant shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Consultant will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 4) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Consultant shall revise the plans and specifications as required at the Consultant's own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Consultant shall notify the City and an amendment to the contract shall be made if the Consultant incurs additional cost. If there are unavoidable DESIGN AND ENGINEERING CONTRACT Page 16 of 30 CITY �S Ci Jy r IEi.1 s+ delays, a mutually agreeable and reasonable time extension shall be negotiated. 5) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the City's Department of Engineering and shall become the property of the City. The City may use such drawings in any manner it desires; provided, however that the Consultant shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Consultant shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Consultant. DESIGN AND ENGINEERING CONTRACT Page 17 of 30 EXHIBIT A-1 SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT A) Ninth Street Pedestrian and Streetscape Enhancements Ninth Street Limits of Project: The project area consists of the entire width of the Ninth Street right-of-way (ROW) from the western side of Ninth Street/Jones Street intersection to the western side of the Ninth Street/Houston Street intersection. No parcels outside of the public ROW are included in the project limits and will not be subject of any engineering design effort as part of this scope of work. A. Concept Design Al. Background Ala. Kick-off Conference: Attend a kick-off conference with City staff to review requirements, visit the site, review available material, and discuss scheduling. Al b. Additional Meetings: Attend two (2) additional meetings with Texas Department of Transportation officials and utility providers for City and franchise utilities. A1c. Project Research and Site Urban Design Analysis: Research site features, existing conditions at public buildings and private property for property line verification and potential basement incursions beyond property lines. Research historic features and other thematic information that may affect site development. Research adjacent property ownership, existing plans for roadways, drainage, and utilities. Contact franchise utilities and request plans of their facilities within the project limits. Following a site visit, prepare a broad, conceptual visual and urban design analysis of the study area. This analysis will be done using AutoCAD-based plans provided by the Client. Prepare a 30"x40" colored board with text, diagrams and photographs. A1d. Topographic Survey: Identify and locate physical features within the project limits. Features located shall be identified on the plans and shall include right-of-way limits, sidewalk, curbing, landscaping, utilities, traffic signals, and lighting. A2. Meetings and Briefings �IV �'7 DESIGN AND ENGINEERING CONTRACT u��'ti� �}IS �`1�Y r Page 18 of 30 ^ IA LS P' F1, �. in, TeL A2a. Staff Review of 15% Alternatives: Present the two (2) alternative 15% conceptual designs developed for Ninth Street. A2b. Advisory Committee Review of 15% Plans: Present the two 15% alternative concept designs to the advisory committee to finalize 15% alternative concepts and determine which alternative will be taken forward to the 30% conceptual design phase. A2c. Staff 30% Review: Present final 30% conceptual design to staff . A2d. Prepare and Conduct One (1) Public Stakeholder Meetings at the 30% Design Stage: Develop a stakeholder database for the distribution of meeting notifications. Information for the database will be compiled from the City and other mailing lists to include interested parties and groups. Prepare for and conduct 30% Public Meeting. The purpose of this meeting is to present the 30% design and to facilitate review and input by the general public. A2e. Advisory Committee Review of 30% Plans: Present the final 30% conceptual design to the advisory committee and determine which elements will be taken forward into final design. A3. Develop Conceptual Design Plans A3a. Programming: The consultant team will prepare alternative programs for utilization of public space and will make programming assumptions for the design interface with each of the surrounding or abutting properties. Formulate operational requirements. Conduct programming work sessions and interviews with key stakeholders and technical staff. Prepare a program statement that outlines the urban design approach and improvements that should be incorporated in the schematic design. A3b. Coordination: Meet with the City Transportation and Public Works Department officials during the concept design stage to determine the list of improvements and/or modifications of traffic patterns that will be built and gather information about private sector development plans. Meet with City Water Department staff during the concept design phase to determine list of improvements and/or modifications to water/sanitary sewer lines requested by the Water Department. Fee for design of requested improvements will be provided in a supplemental authorization request. Coordinate definition of urban design, landscape and architectural components C u 0 DD DESIGN AND ENGINEERING CONTRACT Page 19 of 30 j �/ �1 �� .,�(Y rn n5� 8' with multiple stakeholders. Define design issues to be addressed in the preparation of project design plans. Integrate project research and programming results into baseline understanding of project parameters. A3c. Alternative Site and Architectural Plans — 15% Design: Prepare a maximum of two alternative site plans for improvements to Ninth Street. Each site plan will present alternative design solutions shown in a 30"x40" format that will depict illustrative details for sidewalks, landscape, lighting and other urban design features. An additional 30"x40" board will include an eye-level perspective of the site and, if appropriate, an axonometric drawing and annotated cross sections. Develop two alternatives for architectural elements to include pedestrian facilities and other site elements. The two concepts will be provided in a drawing format: front and side elevation (scaled to patron/vehicle), plan insert within overall site plan, and materials list. These illustrations will provide a visual context to evaluate the overall design intent of the site and its structures at the concept phase. Water features, fountains, spray walls, etc. are specifically excluded from this scope of work. Conceptual and final design of such features may be accomplished with a supplemental work authorization. Aad. Preferred 15% Concept Design and Construction Cost Estimates: Based on feedback and comments from the advisory committee, staff and the public at large, prepare a preferred 15% concept design plan in 30"x40" format for site, architectural and civil elements and a technical memorandum that summarizes the plan concept and implementation strategy. Prepare construction cost estimates based on preferred 15% concept design. Me. 30% Concept Design (Final Concept Design): Based on comments and directives received on the 15% Design, prepare a 30 % site plan and an architectural elements plan presenting urban design, landscape, civil and architectural elements. The site plan will identify site materials, landscape species, street furniture, lighting, art work and finished footprint of structures. To arrive at this product, the consultant team will prepare material sample boards to be used for the selection of urban design, landscape and architectural elements that will be selected for the final design. Prepare final illustration to present the 30% design scheme to the public and client representatives. This illustration can be a perspective or axonometric drawing that would be in a 30"x40" panel. For the selected architectural elements, isometric views and design detail vignettes (focus on structure only) will be provided to illustrate the visual sense of the construction. Outline materials specifications will be provided. Written DESIGN AND ENGINEERING CONTRACT �q o� C- C �:,ah Page 20 of 30 CC,1rlr `iI��P111EI I.� descriptions of systems such as lighting, electrical, and other features will be provided to accompany design drawings. Based on comments and directives received during 30% phase briefings, presentations and staff review, prepare a Final Urban Design Development Program that identifies and describes all elements that will be included in the 30% urban design, landscape, architectural and civil elements. The technical memorandum will also describe a phasing strategy for the project. Prepare 30% Concept Design construction cost estimates. Prepare a schematic drawing, based on the preferred concept design, in accordance with TxDOT standards showing the geometry (horizontal and vertical) of the proposed improvements, proposed and existing right-of-way, and typical sections. Schematic drawing will be submitted to TxDOT for review and approval. Prepare a Design Summary Report (DSR) of the proposed improvements and submit DSR to TxDOT for review and approval. A4. Project Management: Provide comprehensive project management for all tasks and project phases, including meeting coordination, budget and schedule oversight, and quality control. Additional Services Not Included in Scope of Work Using AutoCAD files and other information gathered during site inspections and/or provided by the client relative to development plans of adjacent parcels of land, build a digital 3-D model of the site using a 3D Studio rendering program with an AutoCAD base. Environmental Documentation preparation is specifically excluded from this Scope of Services and will be performed by the City of Fort Worth. B. Final Design B1. Meetings and Briefings B1 a. Staff Review of 60% Plans: Present 60% plans to staff. B1 b. Staff Review of 90% Plans: Present 90% plans to staff. B1c. Prepare and Conduct One (1) 90% Public Stakeholder Meeting at the 90% Design Stage: The purpose of this meeting is to present the 90% design and to facilitate review and input by the general public. B1d. Advisory Committee Review of 90% Plans: Present 90% plans to advisory committee. DESIGuvl���vJci� u���U11L�i Page 21,AND of 30 ENGINEERING CONTRACT CRY ZMra P"Y hill U�.0 B1e. Review Meetings of 100% Plans: Present 100% plans to staff and committee to provide a status update on the project. B1f. Subsurface Utility Engineering (SUE): Perform a subsurface utility survey to pinpoint the location of critical underground utilities that may have an impact on the location of the proposed storm drain system. B2. Develop Final Design Plans 132a. Develop 30% and 60% Construction Documents: Prepare 30% and 60% plans and specifications for architectural elements. Prepare 30% and 60% plans and specifications for civil and site elements to include: Roadway Plans and Details Site Plans and Details Architectural Plans and Specifications Grading Plans Storm Drain Plan and Profiles Sidewalk/Plaza Plans and Elevations Erosion Control Plans Horizontal and Vertical Control Data Lighting and Electrical Plans All details in accordance with City of Fort Worth, TxDOT and Texas Department of Licensing and Regulation standards. Prepare construction cost estimates. 132b. Develop 90% Construction Documents: Prepare 90% plans and specifications for architectural elements. Prepare 90% plans and specifications for civil and site elements to include: Roadway Plans and Details Site Plans and Details Architectural Plans and Specifications Grading Plans Storm Drain Plan and Profiles Sidewalk/Plaza Plans and Elevations Erosion Control Plans Horizontal and Vertical Control Data Lighting and Electrical Plans DESIGN AND ENGINEERING CONTRACT Page 22 of 30 All details in accordance with City of Fort Worth, TxDOT and TDLR standards. Prepare construction cost estimates. Submit 90% Plans to TOOT for review. 132c. Develop 100% Construction Documents: Prepare 100% plans and specifications for architectural elements. Prepare 100% plans and specifications for civil and site elements to include: Roadway Plans and Details Site Plans and Details Architectural Plans and Specifications Grading Plans Storm Drain Plan and Profiles Sidewalk/Plaza Plans and Elevations Erosion Control Plans Horizontal and Vertical Control Data Lighting and Electrical Plans All details in accordance with City of Fort Worth, TOOT and TDLR standards. Prepare construction cost estimates. DESIGN AND ENGINEERING CONTRACTi0ilk � Page 23 of 30 ATTACHMENT B COMPENSATION AND SCHEDULE NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS I. COMPENSATION A. The CONSULTANT shall be compensated a lump sum fee of $331,612 for Basic and Special Services as summarized on Exhibit "B- 3". Payment of the lump sum fee shall be considered full compensation for the services described in Exhibit "A-1" for all labor, materials, supplies, and equipment necessary to complete the project. B. Partial payment shall be made monthly as stipulated on Exhibit "B-1" upon receipt of an invoice from the CONSULTANT, prepared from the books and records of the CONSULTANT. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the CONSULTANT. Payment according to statements will be subject to certification by the Director of Planning Department or his authorized representative that such work has been performed. II. SCHEDULE A. Phase One — Conceptual Design will be completed within 368 calendar days after"Notice to Proceed". B. Phase Two — Plans, specifications, and contract documents will be completed within 246 calendar days after City approval of Concept Plans. III. Cost principals must be based on the provisions of 48 CFR Chapter 1, Part 31 Federal Acquisition Regulation (FAR31). DESIGN AND ENGINEERING CONTRACT q Page 24 of 30 �, EXHIBIT B-1 METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT B) NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS I. METHOD OF PAYMENTS The CONSULTANT shall be paid in monthly partial payments as outlined below: A. The CONSULTANT shall be paid in monthly payments upon receipt of the individual invoices for each partial payment request from the CONSULTANT. II. PROGRESS REPORT A. The CONSULTANT shall submit to the designated representative of the Director of the Department of Planning monthly progress reports covering all phases of design by the 15th of every month in the format required by the City. DESIGN AND ENGINEERING CONTRACT Page 25 of 30 ''1^ 1 EXHIBIT B-3 COST SUMMARY NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS Exhibit Scope of Fee M/WBE % Services A-1 $331,612 $107,520 32% Proposed M/WBE Services Fees Subconsultants Komatsu Architecture Architectural Design $75,520 AEI Subsurface Utility $32,000 Engineering DESIGN AND ENGINEERING CONTRACT CITY Page 26 of 30 Fq. WORN. f2 �3 City of Fort Worth EXHIBIT B-4 Ninth Street Pedestrian and Streetscape Enhancements CONCEPT DESIGN Billing Rates Project ProjectStaff Senior Firm(Multiplier) Director Manager Engineer IFTechnician Technician Clerical TCH(3.0) $193 $142 $85 $81 $48 $48 KOMATSU(2.7) Principal Architect Technician Su ort �0 $130 $105 $85 $75 �F DIMAMBRO(2.9) Princi al Desi ner Support ��0 $150 $75 $60 000 TASK LISTING TOTAL Al.Background 26.0 44.0 48.0 4.0 4.0 $ 16,904 A2.Meeting and Briefings 36.0 13.6 2.0 $ 7,348 A3.Develop Conceptual Design Plans 139.0 568.0 325.0 8.0 $ 94,866 A4.Project Management Concept Desi n120.0 54.0 �,752 TOTAL LABOR-CONCEPT DESIGN $ 144,870 LABOR COSTS BY SUBCONSULTANT FIRM- CONCEPT DESIGN Komatsu 21.0 165.6 168.0 $ 34,398 DiMambro 144.0 432.0 145.0 $ 62,700 NON-LABOR COSTS-CONCEPT DESIGN TCBB Komatsu DiMambro Plotting $ 50 $ 1,920 $ 1,970 Reproduction(Plans) $ 1,200 $ 1,200 $ 2,400 Reproduction(Specifications) Deliveries $ 100 $ 100 Postage $ 50 $ 50 Mileage $ 20 $ 20 Tra $ 7,140 $ 7,140 Corr pules Ad inisf ali' NO _LABOR kL $ 1,420 $ 1,200 $ 9,060 $ 11,680 TO t C T DESIGN $ 156,550 27 City of Fort Worth EXHIBIT B-4 Ninth Street Pedestrian and Streetscape Enhancements FINAL DESIGN BillingRates Project Project Staff Senior 1 1 Firm(Multiplier) Director Mana er Engineer I Technician Technician Clerical TC&B 3.0) $193 $142 $85 $81 $48 $48 KOMATSU 2.7) Princi al Architect Technician Su ort �� DIMAMBRO(2.9) Princi al Desi ner Su ort 0�� TASK LISTING TOTAL B1.Meetings and Briefings 16.8 17.6 0.0 0.0 0.01 2.0 $ 5,056 A1E.Subsurface Utility Engineering(SUE) $ 32,000 B2.Develop Construction Documents 41.0 236.0 679.0 0.0 382.0 0.0 $ 108,996 B213.Project Management Final Design 106.0 49.0 $ 22,810 LABOR EXPENSE TOTALS 00000 $ 168,862 LABOR COST BY SUBCONSULTANT-FINAL DESIGN Komatsu25 DiMambro 32.4 120.0 5.0 AEI k $ 32.000 NON-LABOR COSTS-FINAL DESIGN TC&B Komatsu DiMambro Plotting $ 50 $ 50 Reproduction(Plans) $ 800 $ 800 $ 1,600 Reproduction(Specifications) $ 2,000 $ 2,000 Deliveries $ 100 $ 100 Postage $ 50 $ 50 Mileage $ 20 $ 20 Computer Use Administrative I 1 tri $ 2,380 $ 2,380 BOR TOTAL $ 3,020 $ 800 $ 2,380 $ 6,200 TDT L CONCEPT DESIGN $ 156,550 ESTIMATE FINAL DESIGN $ E331,612 5,062 �- CT TOTAL $ i,..- 28 ATTACHMENT C AMENDMENTS TO AGREEMENT FOR PLANNING, DESIGN, AND ENGINEERING SERVICES Article IV, Paragraph E is deleted. Article IV, Paragraph G is deleted. Article IV, Paragraph H is deleted. Article IV, Paragraph J, Section 1 is deleted and replaced with the following: Retention, Availability of Records and Audit Requirements: The City shall have the exclusive right to examine the books and records of the Consultant for the purpose of checking the amount of work performed by the Consultant at the time of contract termination. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, the Texas Department of Transportation, the Federal Highway Administration, the United States' Department of Transportation Office of Inspector General and the Comptroller General shall have access to any and all books, documents, papers and records of the Consultant which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions. Article IV, Paragraph O is deleted and replaced with the following: Changes in Work: The Consultant 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 Consultant 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 Consultant. If the Consultant is of the opinion that any work the Consultant has been directed to perform is beyond the scope of this agreement and constitutes extra work, the Consultant shall promptly notify the City in writing. DESIGN AND ENGINEERING CONTRACT Page 29 of 30 v1Tf S� � Ilk " f. UU CC -n�)In U IU ,n0 In the event the City finds that such work does constitute extra work, then the City shall so advise the Consultant, in writing, and shall provide extra compensation to the Consultant for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement and performed by the Consultant. Any contract modification shall have TxDOT approval prior to beginning the additional work. Article VI, Paragraph B "Reuse of Project Documents" is deleted and replaced with the following: All designs, drawings, specifications, documents, and other work products of the CONSULTANT, hereinafter referred to as the "Work Product", whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not, and all Work Products shall be owned by the City upon completion or early termination. Consultant shall not be liable for the use of the Work Product for any project other than the Project described herein; and provided further, that Consultant shall not be liable for the consequences of any changes that are made to the Work Product without the written consent of Consultant. 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 CONSULTANT will be at the CITY's risk. The CITY shall own the final designs, drawings, specifications and documents. �v9vJ�a'l 1 -CJI DESIGN AND ENGINEERING CONTRACT Page 30 of 30 c City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/11/2003 - Ordinance No. 15744 DATE: Tuesday, November 11, 2003 LOG NAME: 229THSTREETTCB REFERENCE NO.: **C-19847 SUBJECT: Transfer of Funds, Appropriation Ordinance, and Authorization to Enter into a Planning, Design, and Engineering Contract with Turner Collie & Braden. Inc. for the Ninth Street Pedestrian and Streetscape Enhancement Project RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of the 25 percent local match for the Ninth Street Pedestrian and Streetscape Enhancement project in the amount of$375,000 from the Critical Projects Improvements Fund to the Grants Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of$1,500,000 from increased revenues resulting from a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (75% TxDOT, 25% local); and 3. Authorize the City Manager to enter into a planning, design, and engineering contract with Turner Collie & Braden, Inc. (TCB)for an amount not to exceed $332,000. DISCUSSION: The City of Fort Worth and the Fort Worth Transportation Authority (the T) are working together to transform Ninth Street into an attractive pedestrian gateway for visitors entering Downtown Fort Worth from the Intermodal Transportation Center (ITC) at Ninth and Jones Streets. Pedestrian and streetscape improvements to the Ninth Street corridor were originally recommended in 1999 by the consultants studying the design and location of the ITC. The consultant team emphasized the need to create a comfortable, safe, and attractive streetscape along Ninth Street between Jones and Houston Streets, or between the ITC and a proposed transit plaza at Hyde Park (see related Hyde Park Mayor and Council Communication). The City Council has previously appropriated local matching funds and authorized a partnership with the T for Ninth Street pedestrian improvements. The City Council appropriated local matching funds for design and construction in the amount of $187,500 on March 19, 2002 (M&C G-13550). On November 26, 2002 (M&C C-19363), the City Council: *Authorized an interlocal agreement between the City and the T for this project; and *Authorized a Local Transportation Project Advance Funding Agreement with TxDOT for the Statewide Transportation Enhancement Program (STEP)grant funds and a $10,000 payment for TxDOT plan review fees; and Logname: 229THSTREETTCB Pagel of 3 *Adopted an appropriation ordinance accepting the T's share of local matching funds in the amount of $187,500; and *Authorized the City Manager to issue a Request for Proposals (RFP) for the design of pedestrian and streetscape improvements to Ninth Street. On June 3, 2003, the City Council received an update on the Ninth Street design consultant selection process as part of a more comprehensive presentation on the various initiatives of the Lancaster Corridor Redevelopment Project. The consultant selection process is now complete, and City staff is prepared to enter into a contract for the design of Ninth Street improvements with the preferred design team led by local firm TCB. The contract's scope of services will result in final construction drawings for pedestrian and streetscape improvements to Ninth Street between Houston and Jones Streets. Design elements could include sidewalk and crosswalk improvements, benches, street trees, grates, landscape planting, and pedestrian lighting. The design team is an interdisciplinary group with extensive experience in the design of urban streetscapes. Antonio Di Mambro will serve as lead urban designer, local architect Karl Komatsu will serve as lead architect, and Ann Kovich and Steve James of TCB will serve as project manager and lead engineer, respectively. The Hyde Park and Ninth Street Consultant Selection Committee, appointed by former Mayor Kenneth Barr and chaired by Councilmember Wendy Davis, selected the TCB team from among a group of four finalists. The design fee represents 11% of total project costs. This percentage is consistent with design costs for similar capital improvement projects that involve a combination of planning, urban design, and engineering tasks. Staff has determined the fee to be fair and reasonable. The design and construction budget is listed in the table below. Status Source/Grant Grantee Purim Federal "i y The T TOTAL Secured TxDOT City Design/ $1,125,000 $187,500 $187,500 $1,500,000 (STEP) Phase 1 improvements Unsecured To be City Phase 2 To be To be To be 1,750,000 determined improvements determined determined determined TOTAL $3,250,000 Phase 2 funds are expected to be secured from future grants and local matching funds from the City and the T. In a related Mayor and Council Communication, staff is requesting authorization to enter into a separate contract with TCB for the design of the Hyde Park Transit Plaza at Ninth and Throckmorton. Since the T and the City are the recipients of separate federal transportation grants for the Hyde Park Transit Plaza and Ninth Street projects, respectively, the administration of the grant funds requires separate contracts. The City alone will execute the Ninth Street contract, but will jointly execute the Hyde Park contract with the T. Logname: 229THSTREETTCB Page 2 of 3 Turner Collie & Braden, Inc. is in compliance with the City's DBE Ordinance by committing to 32% DBE participation. The City's DBE goal on this project is 25%. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon the approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 451942 022302891000 $1.125.000.00 C116 538070 022116021220 $375.000.00 GR76 472116 022302891000 $375.000.00 GR76 5(S ARIOUS) 022302891010 $1.500.000.00 Submitted for City Manager's Office by: Richard Zavala (Acting) (6183) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Mike Brennan (8011) Logname: 229THSTREETTCB Page 3 of 3