HomeMy WebLinkAboutContract 33782 CITY OF FORT WORTH, TEXAS U�ZILL-_
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and
Nichols, Inc., (the "ENGINEER"), for a PROJECT generally described as: Lancaster
Pedestrian Bridge Phase I Conceptual Design.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liab' ' o CITY for-----
delays or damages caused the CITY because of such s'' pension of_!,K'.'
services.
07-20-06 PO4 : 04
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
ENGINEERING AGREEMENT
March 2006
Page 2 of 15 � �I
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents coming to the actual notice of
ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
ENGINEERING AGREEMENT
March 2006
Page 3 of 15
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. Any misrepresentation of facts
(other than a negligent misrepresentation) and/or the commission of fraud by the
Engineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
ENGINEERING AGREEMENT
March 2006
Page 4 of 15
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three (3) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give subcon-
sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
ENGINEERING AGREEMENT
March 2006
Page 5 of 15
A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned during the course of this 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
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an
Additional Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
specified 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 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.
ENGINEERING AGREEMENT
March 2006
Page 6 of 15
(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 in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions in writing.
(j) 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.
(k) 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.
(1) 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
subconsultants maintain insurance coverage, 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.
ENGINEERING AGREEMENT
March 2006
Page 7 of 15
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall revise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
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.
ENGINEERING AGREEMENT
March 2006
Page 8 of 15
I!
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
ENGINEERMarch 0061NGAGREEMENT 1 F�11 1°,l �(ul'7„10)
Page 9 of 15 ",+ r�,;itlIF
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions
providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
ENGINEERING AGREEMENT
March 2006
Page 10 of 15
(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.
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
ENGINEERING AGREEMENT
March 2006 '� 1
Page 11 of 15
a �
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT if either party fails substantially to perform through no
fault of the other and does not commence correction of such
nonperformance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers,
microfilm, electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend and hold the CITY
harmless for 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).
ENGINEERING AGREEMENT
March 2006
Page 12 of 15
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability and sole negligence for indemnification.
Parties mean the CITY and the ENGINEER, and their officers, employees, agents,
and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
ENGINEERING AGREEMENT
March 2006
Page 13 of 15
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
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
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
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
ENGINEERING AGREEMENT
March 2006
Page 14 of 15
0
Executed this the Y
a of 2006.
j - -6-*N
ATTEST: CITY F FORT WORTH
By:
Marty HendrixO Libby Watson
City Secretary Assistant City Manager
contrac- uthor'zatiob,
mare A O AL R CO ENDED
ndle Harwo , A tin i ctor
Parks and Co munity SerV es Department
APP ED AS T M AND LEGALITY
Assistan it Attorn y
ATTEST: ENGINEER:
Freese an Nichols, Inc.
By:
/ -tzd,
Robert F. Pence, P.E., BCEE
/lot President and CEO
STANDARD ENGINEERING AGREEMENT(REV 10/06/05) �typp
Page 15 of 15 �9° ��-'�l' Vit ' ��•!
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ATTACHMENT A
GENERAL SCOPE OF SERVICES
ATTACHMENT A
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN
THE CITY OF FORT WORTH AND FREESE AND NICHOLS, INC.
FOR
LANCASTER AVENUE PEDESTRIAN BRIDGE
PHASE I - CONCEPTUAL DESIGN
GENERAL SCOPE OF SERVICES
SECTION 1 - DESCRIPTION OF PROTECT,AGREEMENT AND SCHEDULE
This Project consists of the conceptual design of a pedestrian bridge crossing the Trinity River just
upstream of the Lancaster Avenue bridge near downtown Fort Worth. The conceptual design will
involve the evaluation of multiple bridge conceptual design options in order to eventually select one
design. This conceptual design is anticipated to be Phase I of the overall pedestrian bridge project,
with Phase II being the development of construction documents and construction administration for
the bridge.
SECTION 2 - BASIC SERVICES
This section describes the services FNI will provide as Basic Services.
I. INITIAL WORKSHOP
a. Conduct an initial workshop with stakeholders designated by the CITY to gather
input in order to develop at least three bridge options.
b. Pre-Planning
i. Send a notice to stakeholders to communicate expectations on what the
initial workshop will be.
ii. Obtain existing data, including survey, geotechnical investigation report,
Lancaster Bridge drawings, hydraulic data, and a description of funding
sources or grants.
iii. Evaluate previous geotechnical investigation report to develop preliminary
design criteria suitable for a preliminary foundation design.
iv. Prepare additional topographic survey of the site.
v. Photograph the site from several vantage points using the services of a
professional photographer.
vi. Understand funding sources and any related limitations or requirements.
vii. Verify critical dates, such as funding deadlines or City Council meetings.
Attachment A-1
TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc
viii. Conduct a pre-approval meeting with the USACE to determine
environmental permitting requirements
ix. Determine any urban design standards that could apply to the bridge
c. Organize and lead the initial workshop with the following possible attendees.
Miguel Rosales of RGA Transportation Architects, a subconsultant to Freese and
Nichols, Inc. on this project, will attend and help lead this workshop.
i. City of Fort Worth Parks and Community Services Department
ii. City of Fort Worth Planning Department
iii. Streams and Valleys, Inc.
iv. Tarrant Regional Water District
v. TxDOT
vi. US Army Corps of Engineers
vii. Downtown Fort Worth Inc.
viii. Cultural District Development Initiative
ix. Associated Businesses of Cultural District
x. South of 7th Development
xi. Pier 1
xii. Rotary Club of Fort Worth
d. At the workshop, cover the following agenda items:
i. Introductions
ii. Overview of the conceptual design process
iii. Overview of trail system
1. Existing
2. Future, especially into downtown
3. Importance to Fort Worth and to each group
4. Relocated Rotary Park
iv. Characteristics of Lancaster pedestrian bridge site
1. Trails
2. Trailhead on east bank(obtain the latest trailhead design)
3. Underground utilities
4. Topography
5. Geology
6. Hydraulics
v. Desires and goals for the project
1. Key issues for each stakeholder
2. Budget: $845,000
3. Schedule
a. Conceptual phase
b. Final design phase
c. Construction phase
d. TxDOT reviews
e. USACE permits
e. Prepare exhibits for the workshop, including:
i. Panoramic photos of the site from at least four viewpoints
1. From the trails on west side facing north
2. From the trails on west side facing south
Attachment A-2 0FFI l;
TA\Fort Worth\Parks Dept Ped Bridge\Contract\Attachment A-Pedestrian Bridge Scope.doc „
3. From Forest Park on east side facing north
4. From Forest Park on east side facing south
5. From Lancaster Bridge
ii. Aerial photo of site with:
1. Topography
2. Underground utilties
3. 2, 5, 10, and 100 year flood elevations
iii. Trail system map showing Cultural District, downtown, Mayfest area,
Trinity Uptown project, and South of 7th development.
iv. Cross-section of site showing geology, terrain, flood elevations, existing
Lancaster bridge, Forest Park Blvd, trails
f. Conduct follow-up meetings with various stakeholders to discuss action items and
issues brought up during the initial workshop that need to be addressed in order to
develop the conceptual design options. This may involve private meetings or
additional presentations.
II. DEVELOPMENT OF CONCEPTUAL DESIGN OPTIONS
a. Based on the input received at the initial workshop, develop at least three bridge
design options to be presented at a public meeting. Concepts shall include a range
of bridge styles and costs, including a simple prefabricated bridge, a custom
fabricated bridge, and a unique landmark bridge. At least two options shall reflect
the construction cost estimate of approximately $845,000.
b. Conceptual designs shall reflect the following minimum design standards:
i. Minimum ten foot wide concrete bridge deck with steel structure.
ii. Railings and slopes in accordance with ADA/TAS for accessibility.
iii. Bridge deck and trail ramps and ancillary connection trails to conform to
the TxDOT Standard Specifications for Construction of Highways, Streets
and Bridges and the AASHTO Guide for Development of Bicycle
Facilities.
iv. The conceptual designs options shall also incorporate the site footprint of
the future Rotary Park development. Incorporate ancillary site amenities
to enhance and complement the bridge location adjacent to the existing
parking area.
c. Develop three-dimensional renderings, cost estimates, PowerPoint presentation,
display boards, and narratives for each option. Computer animations of the bridge
design options are not anticipated at this time, but can be prepared as an
Additional Service.
d. Present conceptual design options first to the CITY and any other stakeholders
designated by the CITY to determine if the options are suitable for presentation to
the public and all stakeholders.
e. Issue a notice for a public meeting to present the conceptual designs, including
news releases, articles in stakeholders' newsletters, additions to the PACSD Web
site, and postcards to up to 500 people.
f. Present conceptual design options in a public meeting to receive feedback on the
various design options, and perhaps narrow down the selection to one or two
Attachment A-3
TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc
options. Miguel Rosales of RGA Transportation Architects will attend and help
lead this public meeting.
i. Exhibits to be presented:
1. PowerPoint presentation showing all options with pros and cons,
and cost estimates.
2. Boards showing 3D renderings for each option.
3. Other exhibits developed previously for the initial workshop.
g. Conduct follow-up meetings with various stakeholders to discuss action items and
issues brought up during the conceptual design meeting that need to be addressed
in order to finalize the conceptual design. This may involve private meetings or
additional presentations.
III. FINALIZE CONCEPTUAL DESIGN
a. Based on the feedback received at the first public meeting that presented the
conceptual design options, and together with the CITY, select one final conceptual
design for further development and presentation at a second and final public
meeting.
b. Incorporate comments into the final design option selected.
c. Verify structural and hydraulic design.
d. Prepare preliminary structural calculations.
e. Prepare preliminary foundation design.
f. Prepare schematic plans, sections, and elevations, including principal dimensions
of all structural members.
g. Prepare final 3D renderings, boards, and PowerPoint presentation.
h. Develop three-dimensional renderings, cost estimate, PowerPoint presentation,
display boards, and narrative of the final conceptual design. Computer animations
of the final conceptual bridge design are not anticipated at this time, but can be
prepared as an Additional Service.
i. Present final conceptual design first to the CITY and any other stakeholders
designated by the CITY to determine if the design is suitable for presentation to
the public and all stakeholders.
j. Issue a notice for a public meeting to present the final conceptual design,
including news releases, articles in stakeholders' newsletters, additions to the
PACSD Web site, and postcards to up to 500 people.
k. Present final conceptual design in a public meeting to receive feedback. Miguel
Rosales of RGA Transportation Architects will attend and help lead this public
meeting.
i. Exhibits to be presented:
1. PowerPoint presentation and cost estimates.
2. Boards showing 3D renderings for each option.
3. Other exhibits developed previously for the initial workshop and
conceptual design options meeting.
1. Conduct follow-up meetings with various stakeholders to discuss action items and
issues brought up during the final conceptual design meeting that need to be
addressed in order to completely finalize the conceptual design. This may involve
private meetings or additional presentations.
Attachment A-4
TAFort Worth\Parks Dept Ped Bridge\Contract\Attachment A-Pedestrian Bridge Scope.doc
in. Incorporate feedback from the conceptual design presentation into the final
conceptual design. It is anticipated that only involve minor changes will be
incorporated at this stage, although major changes can be incorporated as an
Additional Service.
SECTION 3 -ADDITIONAL SERVICES
ADDITIONAL SERVICES: Additional Services to be performed by FNI,if authorized by CITY,
which are not included in the above described basic services, are described as follows:
A. Any services not called for under the Basic Services above, including the development of
construction documents.
B. GIS mapping services or assistance with these services.
C. Geotechnical investigation. This investigation is anticipated to be completed in Phase H—
Construction Documents of this Project.
D. Preparing applications and supporting documents for government grants,loans,or planning
advances and providing data for detailed applications.
E. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to
those services contemplated by this AGREEMENT.
F. Design, contract modifications, studies, or analysis required to comply with local, State,
Federal, or other regulatory agencies that become effective after the date of this agreement.
G. Preparing statements for invoicing or other documentation for billing other than for the
standard invoice for services attached to this professional services agreement.
H. Preparing data and reports for assistance to CITY in preparation for hearings before
regulatory agencies,courts, arbitration panels or any mediator,giving testimony,personally
or by deposition,and preparations therefore before any regulatory agency,court, arbitration
panel or mediator.
SECTION 4—TIME OF COMPLETION
TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of
this AGREEMENT and agrees to complete the services within 14 weeks from the notice to proceed.
If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract
schedule consistent with the number of days of delay. These delays may include but are not limited
to delays in CITY or regulatory reviews, delays on the flow of information to be provided to FNI,
governmental approvals,etc. These delays may result in an adjustment to compensation as outlined
on the face of this AGREEMENT and in Attachment CO.
SECTION 5—RESPONSIBILITIES OF CITY
Attachment A-5 r o�
T:\Fort Worth\Pazks Dept Ped Bridge\Contrac[Wttachment A-Pedestrian Bridge Scope.doc
i
RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not
to delay the services of FNI:
A. Designate in writing a person to act as CITY's representative with respect to the services
to be rendered under this AGREEMENT. Such person shall have contract authority to
transmit instructions, receive information, interpret, and define CITY's policies and
decisions with respect to FNI's services for the Project.
B. Provide all criteria and full information as to CITY's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and any budgetary limitations; and furnish
copies of all design and construction standards which CITY will require to be included in
the drawings and specifications.
C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project
including previous reports and any other data relative to design or construction of the
Project.
D. Arrange for access to and make all provisions for FNI to enter upon public and private
property as required for FNI to perform services under this AGREEMENT.
E. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by FNI, obtain advice of an attorney, insurance counselor and other
consultants as CITY deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
FNI.
F. Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
G. Provide such accounting, independent cost estimating and insurance counseling services
as may be required for the Project, such legal services as CITY may require or FNI may
reasonably request with regard to legal issues pertaining to the Project including any that
may be raised by Contractor(s), such auditing service as CITY may require to ascertain
how or for what purpose any Contractor has used the moneys paid under the construction
contract, and such inspection services as CITY may require to ascertain that Contractor(s)
are complying with any law, rule, regulation, ordinance,code or order applicable to their
furnishing and performing the work.
Attachment A-6
TAFort Worth\Parks Dept Ped Bridge\ContractWttachment A-Pedestrian Bridge Scope.doc
SECTION 6—DESIGNATED REPRESENTATIVES
FNI and CITY designate the following representatives:
CITY's Designated Representative— Mike Ficke, RLA
4200 South Freeway, Suite 2200
Fort Worth, TX 76115-1499
Phone: (817) 871-5746
Fax: (817) 871-5724
E-mail: mike.ficke@fortworthgov.org
FNI's Project Manager— John Dewar, P.E., S.E.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7431
Fax: (817) 735-7491
E-mail: jfd@freese.com
FNI's Accounting Representative— Sharon James
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone: (817) 735-7298
Fax: (817) 735-7491
E-mail: sdj@freese.com
Attachment A-7
TAFort Worth\Parks Dept Ped Bridge\ContraeftAttachment A-Pedestrian Bridge Scope.doc
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Project Mgmt . � ' �� !^��� $4,823
No sheets
Hours CAD Hours Cost
---Group Manager ----Engineer ly Engineer) - - Technician lit
Task John F.Dewar Peter A.Bartels James K.Johnso Wo d Processor M chael Lawrenc
'Phase 'No. Task Description
1 Drafting by sheet,input below
2 Setup project,subcontracts 2.0 2.0 $442
O 3 Kick-off meeting 1.0 $165
O 4 Pre-planni2q 2.0 $331
y 5 Pre-approval with LISACE 0.5 $83
Y 6 Prepare for workshop 1.0 $165
7 Workshop 3.0 $496
8 Informal mt s with stakeholderc 1.0 $165
m
SUBTOTALS 10.5" 2.0 $1,847
1 Drafting by sheet,input below
2 Develop presentation on comet 2.0 $331
3 Prepare for meeting 1.0 $165
4 Design options meeting 3.0 $496
2 5 Informal mt s with stakeholder,- 1.0 $165
6 Review design concepts 2.0 $331
O
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SUBTOTALS 9.0. $1,488
1 Drafting by sheet,input below
2 Informal mt s with stakeholder 1.0 $165
3 Develop presentation 2.0 $331
4 Prepare for meeting 1.0 $165
u5 Final meeting 3.0 $496
6 Finalize conceptual design 2.0 $331
O
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- SUBTOTALS 9.0 r.; $1,488
SUBTOTALS
SUBTOTALS
GRAND TOTALS 28.5 2.0 $4,823
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc1
Hydraulics $3,054
No sheets
Hours CAD Hours Cost
..Geotechnical Engineer Geotechnical Engineer -
Group Manager.. ,Hydrologist Iv Vi Engineer V vi
Task John L Rutledge Gabriel Glenn Charles N.Easto Davk1 A aoseck Charles N.East
Phase No. Task Description
1 Drafting by sheet,input below
2 Research regulations 1 4.0 $352
O 3 Develop eotech recommendations 3.0 $452
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SUBTOTALS 3.0 3.0 $804
1 Drafting by sheet,input below
2 Hydraulic models of each 2.0 16.0 $1,793
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1 Drafting by sheet,input below r %!
2 Finalize model 1.0 3.0 $457
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SUBTOTALS
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GRAND TOTALS 3.0 23.0 3.0 $3,054
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc2
Public Involvement $3,300
No sheets
Hours CAD Hours Cost
PdPulNic lnvoheinenP Muldmedia Web
Marketing-Comm Mgr ..Coordinator Student -Services Admin GraPliiCDMigner'
Task Kenneth Mark Vpul lRman Valer a Ann Coo James Rxhard William Robert N
Phase No. Task Description '
1 Drafting by sheet,input below
2 Powerpoint background 4.0 $180
0
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SUBTOTALS 4.0 slid
1 Drafting by sheet,input below
2 Write/Design Postcard 0.5 6.0 $571
3 Print Postcard,500 2.0 $168
4 Mailing list management,500 1.5 $34
5 Label,stamp,mail,500 5.0 $113
C 6 Compile stakeholders list 4.0 $336
V 7 Prepare Notice 4.0 $336
n 8 Write Release 0.5 1.0 1 $151
0 9 Release distribution list 1.0 $84
10 Distribute release 1.0 $84
0 11 Internal meetings 1.0 $84
12 Attend public meeting 3.0 $252
SUBTOTALS 1.0 23.0 6.5 ^i2.213
1 Draftin by sheet,input below :j
2 Prepare Notice 4.0 $336
3 Write Release 0.5 1.0 $151
4 Release distribution list 1.0 $84
ani 5 Distri release 1.0 $84
G 6 Attend public meeting 3.0 $252
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SUB-TOTALS
GRAND TOTALS 1.5 33.0 6.5 4.0 $3,300
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc3
Planninq $8,550
7 sheets
Hours CAD Hours Cost
Group Manager Planner lv Architectural Intern lit Architectural Intem Iii Planner Iv
Task ,Alfred Vidaurri,JrWendy Dawn Sha Homer Saenz Homer Saenz Wendy Dawn Sha
Phase No. Task Description
1 Drafting by sheet,input below ;%' 'i /%'-'% ';^ %'//; ;// i/r i--'li%%' 27.0 $2,881
2 Workshop 6.0 $640
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SUBTOTALS 6.0 27.0 $3,521
1 Drafting by sheet,input below
2 Prefab bridge rendering(Claudio) 26.0 $2,254
3 Develop presentation on concepts 1.0 $107
4 Prepare for meeting 3.0 $320
5 Design options meeting 6.0 $640
C 6 Informal mt s with stakeholders 3.0 $320
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SUBTOTALS 13.0 26.0 $3,641
1 Drafting by sheet,input below
2 Develop presentation on concept 1.0 $107
3 Prepare for meeting 3.0 $320
C 4 Final design concept meetin 6.0 $640
Q 5 Informal mt s with stakeholders 3.0 $320
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4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc4
Input sheet titles,numbers,and hours to draft:
CAD Drafting Hours by Phase
Develop
Sheet Title Sheet No. Initial Workshop Concepts Final Concept
1 Trail system overview 3.0
2 Aerial with utilities,topo 3.0
3 Cross-section of site 5.0
4 So7th 4.0
5 Rotary Park 4.0
6 Other 4.0
7 Other 4.0
Total Drafting Hours: 27.0
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc4
Enviro Science $425
No sheets
Hours CAD Hours Cost
Environmental Scientist
Vii Program Administrator Env Scientist Vi Program Administrator Env Scientist Vi
Task Steven P.Watt!r V Karen W.Scott Randall L.Howar Karen W.Scott Randall L.HowarD
Phase No. Task Description
1 Drafting by sheet,input below "%/ /%/' / ✓""" -> / / ? /. ;% //;
2 Pre-approval mtg USACE 2.0 $283
O 3 Research regulations 1.0 $142
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4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc5
Structural $1,680
No sheets
Hours CAD Hours Cost
Engineer Vi Group Manager Engineeriv:. Engineer
Task Antonio Diaz ]ohn F.Dewar .Pe[e B els �� James K.]ohnso
Phase No. Task Description
1 Drafting by sheet,input below
n
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2 Prefab bridge cost/concept 1.0 4.0 $560
__3 Develop structural forces 1.0 4.0 $560
a
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GRAND TOTALS 3.0 12.0 $1,680
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc6
Construct Services $416
No sheets
Hours CAD Hours Cost
Construction Contract Construction Contract Constructlon Contract Construction Contract Construction Contract
Admin li Admin It Admin I Admin I Admin It
Task Paul D.Kellner James F.Johnsor Darren 5.Hibbs Roddy Wayne Cm Stephen W.Ecke
Phase No. Task Description
1 Drafting by sheet,input below
4
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1 Drafting by sheet,input below /-/ / / i/
2 Cost estimates 4.0 $277
N
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1 Draftingby sheet,input below
2 Cost estimates 2.0 $139
4
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SUBTOTALS
SUBTOTALS
GRAND TOTALS 6.0 $416
4/19/2006,9:28 AM
Freese and Nichols,Inc. Fee breakdown-Lancaster ped bridge,Dsc7
FROM ROSALES_GOTTEMOELLER _ FAX N0. 6172477139
Mar. 17 2006 01:17PM Pi
P "F 671 i>aw3 I t 7 Il L pages► 1
— o .1f•�'^ �. . From f iY1l4UcL �t�(CS,
- o./Dept. iS Co. 9:A
Phone n l )--7 5_7`�?jj Phone))
Texas Deparmer �t7.
DEWITT C,GREER STATE HIGHWAY BLDG. • 125 E.1` '—
March 23, 2005
(512) 486-5537
VN 12002
Mr. Miguel Rosales, Owner
Rosales Gottemoeller&Associates, Inc,
305 Newbury Street, Suite#21
Boston, MA 02115
Dear Mr. Rosales:
This refers to your firm's certification with this Department's Disadvantaged Business Enterprise .
(DBE) Program. Based on the information provided by your firm in accordance with 49 CFR 26
requirements and your home state (Massachusetts Unified Certification Agency or SOMWBA)
concerning current D13E Program certification, your firm will continue to be approved as a DBE
through June 2006 (this expiration date is one month after your home state certification expires).
Your firm is eligible to participate as a DBE statewide in the following work function(s):
Professional Services:Architecture
Miscellaneous: Facilitators for Community Participation in the Design of Bridges
(NAICS code(s):238990 8.54131 of
Your firm will be included in this Department's next DBE Directory. The directory is on the
INTERNET and listed in the "e-Business" Section of the Department's web page at
"wvwv.dot.stste.tx.us"and in the TUCP Directory.
NOTE: This Department's policy is: "A firm must be precertified prior to being awarded a
professional services contract with TxDOT." Precertification is handled by this Department's
Design Division at (512)416-2218. Your firm is not currently listed in the Precertification Directory.
NOTE: Your firm has applied for the work category of Architecture and it is not currently listed with
the Texas Board of Architectural Examiners (TBAE). Texas Administrative Code, Rule 1.124
indicates that "...each business entity or association that offers or provides architectural services in
Texas must register with the Board..." The TBAE can be contracted at (512) 305-9000.
Changes in ownership, management control, or contact address or phone numbers must be
submitted within 30 days of the change. Failure to notify the certifying agency of significant
changes'can result in your firm being removed from the DBE Program.
We will contact you annually for verification of no changes in your firm's status. If we can be of
further assistance regarding the DBE program or TUCP, please feel free to contact me at the
telephone number listed above and referring to VN 12002.
Sincerely,
Uoto
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TUCP
R. D. Brown, M-A., Program Specialist
Business Opportunity Programs Section
Construction Division
NOTE: The TUCP includes the City of Austin, Corpus Christ? Regional Transportation Authority, City of Houston, North
Central Texas Regional Certification Agency,and South Central Texas Regional Certification Agency.
MAR-17-2006 11:35 An EouaJ Opportunity Empicyor
6172477139 96r,
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/11/2006
DATE: Tuesday, July 11, 2006
LOG NAME: 80LANBRIDGE REFERENCE NO.: C-21566
SUBJECT:
Authorize the Execution of a Professional Services Agreement with Freese and Nichols, Inc. for
Phase I Conceptual Design of the Lancaster Pedestrian Bridge
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Freese and Nichols, Inc. in the amount of $64,300 for Phase I - Conceptual Design for the
proposed Lancaster Pedestrian Bridge.
DISCUSSION:
In November 2001, the City was notified that the South of Seventh project had been selected for funding
under the Transportation - Land Use Joint Venture Grant Program established by the North Central Texas
Council of Governments. On January 28, 2003, (M&C C-19453) the City Council approved an Economic
Development Program Agreement with So7#1, L.P. outlining the proposed expenditures of those funds. A
portion of those funds, $1,078,243, was earmarked for the construction of a pedestrian bridge connecting
Trinity Park to the downtown Central Business District.
Because this pedestrian crossing is included in the Trinity River Vision, the City approached the Tarrant
Regional Water District (TRWD) to consider this project in conjunction with the work being planned for the
Trinity Uptown Project. This crossing provides an important link from the Cultural District to the future Trinity
Uptown. Integrating this crossing into the design and construction of the Trinity Uptown project will ensure
proper design with minimal impact to future planned improvements being undertaken by TRWD. An April
26, 2005, (M&C C-20682) the City Council authorized the City Manager to enter into an Interlocal
Agreement with the TRWD to assist in the design and construction of this pedestrian bridge.
Under the grant guidelines the City was required to competitively select the design consultant. The Parks
and Community Services Department (PACSD) initiated the design portion of the project and publically
advertised for Statement of Interest/Qualifications from firms in November 2005. Upon review and
subsequent interviews held in February 2006, the project interview panel, comprised of representatives
from TRWD, Streams and Valleys, Inc. and the City's PACSD, Planning and Transportation/Public Works
Department selected Freese and Nichols, Inc. as the most qualified firm to perform design services for this
project.
Freese and Nichols, Inc. shall perform Phase I - conceptual design services for a fee of $64,300 to assess
and present various conceptual designs for public review. Phase I - Conceptual Design is expected to be
completed by December 2006.
Upon selection of the preferred conceptual design, PACS and Freese and Nichols, Inc. will negotiate scope
of services for the final design and preparation of construction documents for construction by TRWD
forces.
M/WBE - Freese and Nichols, Inc. is in compliance with the City's M/WBE ordinance by committing 47%
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006
Page 2 of 2
M/WBE participation. The City's goal on this project is 10%.
The Lancaster Pedestrian Bridge project is physically located in COUNCIL DISTRICT 9; however, it will
serve all citizens.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 531200 017302898010 $64,300.00
Submitted for City Manager's Office by Libby Watson (6199)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Mike Ficke (5746)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 11/1/2006