HomeMy WebLinkAboutContract 34445 "€ 7` -cCrETA rjy
CITY OF FORT WORTH, TEXAS ✓QIJ TRgvT N®.
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese &
Nichols, Inc. (the "ENGINEER"), for a PROJECT generally described as: Engineering
Services for the design of Precinct Line Road from Hurst Boulevard (State Highway
10) to Trammel Davis Road.
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
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suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
Article IV
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
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such drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, ail
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
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projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that are 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.
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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
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the CITY certificate(s) of insurance
documenting policies of the following coverage at minimum limits 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 on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
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A commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned when said vehicle is used
in the course of the PROJECT.
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$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 shall be written on a claims-made basis and shall
contain a retroactive date prior to the date of the contract or the first date
of services to be performed, whichever is earlier. Coverage shall be
maintained for a period of 5 years following the completion of the contract.
An annual certificate of insurance specifically referencing this project shall
be submitted to the CITY for each year following completion of the
contract.
(2) 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 in 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 forty-five (45) 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
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sent to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
State of Texas and have a minimum rating of A: VII in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
(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.
(j) For all lines of coverage underwritten on a claims-made basis,
other than Professional Liability, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance required
in this section, with the exception of Professional Liability, shall be written on
an occurrence basis.
(1) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
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L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the 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
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possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
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.
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(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.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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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 CITY shall own the final designs, drawings,
specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
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D. Termination
(1) This AGREEMENT may be terminated only by the CITY for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with 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 the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
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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 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.
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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
Executed this the day of , 2006.
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ATTEST: CITY OF FORT WORTH
moil✓�f:
Marty Hendrix erc On
4 -jqj�(Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEGALITY
A a Robert Goode, P.E., Director
Assista ity A torney Transportation/Public Works
ATTEST: FREESE AND NICHOLS, INC.
Robert F. Pence, P.E., BCEE
President and CEO
contract Authorization
Date
OFFICIAL 11cm
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ATTACHMENT A
SCOPE OF SERVICES
The preliminary engineering study is for the development of Precinct Line Road from
approximately 400-feet south of Hurst Road southerly to just south of Trammel Davis
Boulevard for an overall distance of approximately 6900-linear feet. Precinct Line is to be
designed as a Major Arterial, a 4-lane divided concrete section.
TxDOT is designing a bridge over Walker Branch located just north of Trinity Boulevard which
is anticipated to be approximately 300-feet in length plus 150-feet of pavement on each end
of the bridge for an overall distance of 600-feet. In addition, all improvements associated with
Walker Branch and Trinity Boulevard is the responsibility of TxDOT (TxDOT Project). The
CONSULTANT is responsible for the limits of Precinct Line less the TxDOT Project and will
be referred to as the CITY Project.
This scope of services is for CONSULTANT to provide a preliminary engineering study that
will include a schematic design in accordance with TxDOT requirements. CONSULTANT will
incorporate the plan and profile provided by TxDOT for the TxDOT Project into the overall
schematic.
Cross sections of the CITY Project will be prepared as well as preliminary design of
necessary water and sanitary sewer adjustments, surveying, Subsurface Utility Engineering,
coordination with the TxDOT Project, construction cost estimates, a geotechnical
investigation, pavement design, public involvement assistance, a Categorical Exclusion and a
preliminary schedule for implementation. Additional required roadway right-of-way will be
identified along with individual parcel exhibits and legal descriptions.
It is understood that the City has limited funds for the project. If during the preliminary
engineering study the engineering construction cost estimates exceeds the City's budget, it
shall be the responsibility of the CONSULTANT to identify construction limits to meet the City
budget.
It shall be the responsibility of the CONSULTANT to determine, understand and utilize the
applicable and current City and TxDOT design standards and procedures.
All design plans shall be prepared by, or under the direct supervision of, a Texas licensed
professional engineer who is a regular full-time employee of a firm registered in Texas.
It shall be the responsibility of the CONSULTANT to provide a geometric schematic in
accordance with TxDOT criteria for this project consistent with the following Scope of
Services:
A. PROJECT MANAGEMENT:
1. Coordinate the project with the CITY, TxDOT and other affected regulatory
agencies including the City of Hurst and the Fort Worth Transportation Authority.
ROD
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e
ATTACHMENT A
SCOPE OF SERVICES
2. Perform general administration duties, including: coordination with subconsultants;
preparation of invoices; scheduling; record keeping; and file management.
3. Attend meetings with officials from the CITY, TxDOT, utility companies, railroad
companies, municipalities, and other governmental agencies. CONSULTANT will
participate in regular progress meetings with the City to provide updates on the
project.
4. Oversee a quality assurance and quality control (QA/QC) program. Each
scheduled submittal of plans to the CITY and/or TxDOT shall receive QA/QC.
All work shall be performed in accordance with the latest editions of the CITY and
TxDOT standards.
5. All work shall be performed in English units using Microstation format.
B. FIELD SURVEYING / R.O.W. PARCELS:
1. Establish horizontal and vertical control within project limits based on TxDOT and
CITY of Fort Worth data.
2. Research property owners; obtain deeds, addresses, easements and other title
information.
3. Establish the existing right-of-way lines, centerline and property lines along
Precinct Line Road and side streets, including field ties of right-of-way monuments
and offsite property corners, as necessary.
4. Perform topographic surveys determining the horizontal and vertical location of
topographic features, including:
a. Pavement, curbs, medians, driveways, and sidewalks.
b. Signs, fences, poles, and posts.
c. Drainage structures including inlets, manholes, headwalls, and channels.
d. Utility features for fire hydrants, manholes, water valves, junction boxes,
power poles, electrical boxes, transformers, telecommunications, traffic
signal equipment, underground pipeline markers, utility flagging (if present),
etc.
5. Establish cross-sections at 50-foot intervals throughout the project length.
Additional sections shall be taken at significant breaks in grade or at other locations
OFFICIAL HCOgM,�
C�f G��tW��U Page 2
FYI 101RTHI TEX.
ATTACHMENT A
SCOPE OF SERVICES
that shall influence design activities. Cross-sections shall extend beyond the
existing R.O.W. lines as needed.
a. Intersecting streets —Take cross-sections at the intervals described in the
item above on all intersecting streets. Cross-sections shall extend a
minimum 200 feet left and right of the existing R.O.W. of Precinct Line Road
and include all limits of the project.
b. Drainage courses —Take cross-sections at the intervals specified above
along all drainage courses. Limits of sections shall be from 300 feet
upstream to 300 feet downstream from the roadway R.O.W. intersected.
6. Provide a Level B Subsurface Utility Engineering (SUE) study for the utilities along
the roadway outside of TxDOT's improvements.
7. Prepare a map depicting the existing right-of-way of Precinct Line Road and the
adjoining property lines. Prepare individual boundary survey exhibits and legal
descriptions for new right-of-way parcels.
C. CATEGORICAL EXCLUSION:
Provide environmental services for submittal of a Categorical Exclusion for the
roadway portion of the project in accordance with TxDOT requirements. Included in
the Categorical Exclusion services is the delineation of wetlands.
D. PAVEMENT DESIGN:
Subsurface exploration and laboratory testing will be provided. A concrete pavement
design will be developed based upon traffic projections provided by TxDOT and
associated subsurface conditions.
E. SCHEMATIC DESIGN SERVICES:
1. Collect and review the following information:
a. CITY studies;
b. TxDOT and Tarrant County information;
c. Initial planning documents;
d. Existing utilities;
e. Existing land use and zoning;
MUD
{ d � EX. Page 3
ATTACHMENT A
SCOPE OF SERVICES
f. Street plan/profile sheets;
g. Existing topographic and aerial mapping to be acquired from the City of Fort
Worth and, if necessary, the City of Hurst;
h. Hurst Road/ Highway 10 design drawings by TxDOT.
2. Develop a roadway and drainage design criteria document based on City and
TxDOT design standards.
3. Obtain approval of Design Schematic from CITY and TxDOT.
4. Railroad Crossing of Trinity Railway Express. Based on information provided by
the Fort Worth Transportation Authority (The T), provide an Exhibit A to show limits
of the new track crossing, future track crossing, location and size of new gate arms,
limits of pavement and barrier curb for roadway and conduit. Traffic control and
construction phasing will be addressed. General notes will be added as provided
by The T.
F. PUBLIC INVOLVEMENT SERVICES:
1. Stage 1 Public Involvement Activities: During the early stage of the project it is
important to communicate to the citizens and other stakeholders that the City is
moving forward as scheduled with its commitment to improve Precinct Line Road.
Public involvement services to be provided include:
a. A mailing list of stakeholders will be developed by the City, including adjacent
property owners, area homeowner associations, business tenants, City officials,
School officials, Tarrant County officials, and City of Hurst officials.
b. Prepare an informational mailer to be distributed to mailing list described above.
The contents of the one page informational mailer could also be placed on the
City of Fort Worth website and the City of Fort Worth page in the Star-
Telegram.
2. Stage 2 Public Involvement Activities: During the schematic development phase of
the project, the Engineer will facilitate meetings with key stakeholders to discuss
the various alternatives under consideration. Key stakeholders will include
property owners; representatives from the school district, City of Hurst and Tarrant
County; and the presidents of area homeowner associations.
3. Stage 3 Public Involvement Activities: After selection of the Preferred Alternative,
the Engineer will arrange and participate in a public meeting to present the
Preferred Alternative to all stakeholders and interested parties. The meeting will
afford the public an opportunity to provide input on t' - -`er red Alternative.
ROD
CITY fi5�1fiAld Page 4
FT. �"vHMO TEX.
ATTACHMENT A
SCOPE OF SERVICES
Based upon the input received, the Engineer will assist the City in determining
what, if any, changes to incorporate into the schematic.
G. ADDITIONAL SERVICES
Providing support for a Public Hearing is not included in the scope of services as it is not
known at this time if one will be warranted by the stakeholders or the level of effort that
TxDOT will request from CONSULTANT in conducting the meeting.
Level of service analysis is not included as TxDOT is providing the improvements to the
intersection of Trinity Boulevard and this is the only major intersection along the project
limits.
Traffic signal design, illumination design, landscaping and irrigation design is not included
in the scope of services.
Water and sanitary sewer design other than minor adjustments to avoid conflicts with the
improvements are not included.
Studies and improvements required for the railroad crossing of the Trinity Railway
Express other than described above.
A Hydrology and Hydraulic Study of Walker Branch is not included as this service is being
provided by TxDOT as part of the bridge replacement project.
CIrf S pp k141Y
lith. Page 5
ATTACHMENT B
COMPENSATION AND SCHEDULE
SCHEMATIC DESIGN(30%) OF RECINCT LINE ROAD
SOUTH OF HURST ROAD TO SOUTH OF TRAMMEL DAVIS
(EXCLUDING TXDOT BRIDGE)
I. COMPENSATION
A. The ENGINEER shall be compensated at a lump sum fee of$263,346.00 for Basic Services as
summarized on Exhibit `B-1." Payment of the fee shall be considered full compensation for
the services described in Attachment A for all labor, materials, supplies, and equipment
necessary to complete the project.
B. Partial payment shall be made monthly upon receipt of an invoice from the ENGINEER,
prepared from the books and records of the ENGINEER. Each invoice is to be verified as to its
accuracy and compliance with the terms of this contract by an officer of the ENGINEER.
Payment according to statements will be subject to certification by the Director of
Transportation Public Works or his authorized representative that such work has been
performed.
II. SCHEDULE
SUBMIT 30% SCHEMATIC DESIGN TO CITY AND TXDOT 75 DAYS AFTER NOTICE TO
PROCEED.
0,141 Run
Attachment B,Page 1
R:\Contract\2006\Contract\FortWorth\Precinct.dOC
EXHIBIT B-1
SUMMARY OF TOTAL PROJECT FEES
Precinct Line Road 30%Design Services
Consulting Firm Prime Responsibility Total Fee M/WBE Fee Percent
Freese and Nichols
TxDOT/Fort Worth 'T' Coordination $ 19,414.00
Project Meetings &Coordination Meetings $ 10,662.00
Public Involvement $ 11,568.00
Data Collection $ 1,451.00
Plan-Profile/Cross Section/TCP $ 39,644.00
Preliminary Drainage Design $ 26,230.00
Exhibit A for Rail Crossing $ 10,649.00
Expenses $ 16,612.00
(10%) Fee on Sub-consultants $ 11,556.00
Total $ 147,786.00 $0.00 0.0%
M/WBE Sub-consultants
Gorrondona and Associates
Surveying/SUE $ 68,200.00 $ 68,200.00 25.9%
Blanton and Associates
Categorical Exclusion $ 35,000.00 $ 35,000.00 13.3%
Total $ 103,200.00 $ 103,200.00 39.2%
Non-M/WBE Sub-consultants
Klinefelder
Geotechnincal/Pavement Design $12,360.00 $0.00 0.0%
Proiecl Description Scope of Services Total Fee M/WBE Fee Peccent
Engineering Services Paving & Drainage, Water and Sewer $263.345,00 $ 103,200.00 39.2%
We will be using Gorrondona, Associates for Surveying/SUE and Blanton Assoc. for Categorical Exclusion
This will result in a 39.2%($103,200.00) portion of the contract that will be performed by approved M/WBE firms
Exhibit B-2
COMPENSATION
Compensation to Freese and Nichols shall be based on the following Schedule of Charges:
Schedule of Charges:
Position Min Max
PRINCIPAL 169.95 336.40
SENIOR CONSULTANT 172.42 226.30
GROUP MANAGER 158.44 229.94
ENGINEER VIII 185.28 240.37
ENGINEER VII 165.74 211.02
ENGINEER VI 136.38 191.92
ENGINEER V 112.42 157.01
ENGINEER IV 96.24 132.45
ENGINEER 111 86.18 120.31
ENGINEER 11 78.12 98.96
ENGINEER 1 74.53 98.18
ELECTRICAL ENGINEER V 124.33 163.18
ELECTRICAL ENGINEER IV 92.94 121.99
ELECTRICAL ENGINEER II 73.33 96.25
ELECTRICAL ENGINEER 1 60.38 91.75
MECHANICAL ENGINEER VI 130.10 170.75
MECHANICAL ENGINEER V 110.57 145.12
MECHANICAL ENGINEER IV 88.07 115.60
MECHANICAL ENGINEER 11 72.03 94.53
DISCIPLINE LEADER 1 108.17 141.98
DISCIPLINE LEADER II 152.86 200.63
SENIOR RESIDENT REPRESENTATI 109.89 175.50
PROGRAM MANAGER 11 112.23 147.30
PROGRAM ADMINISTRATOR 119.61 149.51
CONSTRUCTION CONTRACT ADMIN 97.85 175.50
CONSTRUCTION CONTRACT ADMIN 68.00 129.84
CONSTRUCTION CONTRACT ADMIN 58.18 83.90
DOCUMENT CONTROL CLERK 48.66 63.87
SR DESIGNER 109.43 143.62
DESIGNER 11 96.56 130.13
DESIGNER 1 75.34 98.89
CADD DESIGNER 91.04 126.27
ENGINEERING TECHNOLOGIST 1 53.28 69.94
TECHNICIAN IV 71.97 109.92
TECHNICIAN III 67.18 97.21
TECHNICIAN II 50.54 66.33
TECHNICIAN 1 39.88 62.76
GIS COORDINATOR 82.39 108.14
GIS ANALYST II 60.66 82.79
GIS ANALYST I 58.78 77.15
3D VISUALIZATION COORDINATOR 84.18 110.49
ENVIRONMENTAL SCIENTIST VII 128.36 168.47
ENVIRONMENTAL SCIENTIST VI 100.83 135.98
ENVIRONMENTAL SCIENTIST V 82.42 108.18
ENVIRONMENTAL SCIENTIST IV 78.84 103.48
ENVIRONMENTAL SCIENTIST 111 71.67 109.21
ENVIRONMENTAL SCIENTIST II 52.63 74.43
ENVIRONMENTAL SCIENTIST 1 48.14 63.26
ARCHITECT V 113.91 153.47
ARCHITECT IV 81.17 106.53
ARCHITECT III 78.55 103.10
ARCHITECT 11 58.97 77.40
PLANNER IV 96.67 126.88
HYDROLOGIST VI 106.27 139.48
HYDROLOGIST V 101.10 132.70
HYDROLOGIST IV 80.27 105.35
HYDROLOGIST III 70.57 92.03
HYDROLOGIST II 60.87 79.90
GEOTECHNICAL ENGINEER VI 136.60 179.29
SENIOR GEOLOGIST 99.96 131.20
PUBLIC INVOLVEMENT COORDINAT 74.28 99.89
WEB SERVICES ADMINISTRATOR 84.18 110.49
WORD PROCESS INGISECRETARIAL 50.16 73.72
OPERATIONS ANALYST 79.45 119.63
CONTRACT ADMINISTRATOR 63.43 83.25
INFORMATION SERVICES ADMINISI 42.62 55.94
INFORMATION SERVICES CLERK 28.66 46.70
CO-OP 39.10 58.19
The ranges and individual salaries will be adjusted annually.
RATES FOR INHOUSE SERVICES
Computer and CAD Calcomp Plotter
PC CAD stations $10.00 p Bond 3757 perp o
Other $5.00 per plot
Color $5.75 per plot
Print Shop
Color copies an nIng $0.50 per single side copy
$1.00 per double side copy
Black and White Copies and Printing $0.10 per single side copy
$0.20 per double side copy
Binding $5.75 per book
Testing Apparatus
Density Meter $700.00 per month
Gas Detection $20.00 per test
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense,
communication expense,travel,transportation and subsistence away from Fort Worth,and other miscellaneous expenses directly relatedN
to the work,including costs of laboratory analysis,tests,and other work required to be done by independent person other than staffmembers.ggp:02-08-063.4
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/12/2006 - Ordinance No. 17315-12-2006
DATE: Tuesday, December 12, 2006
LOG NAME: 20PRECINCTLINE REFERENCE NO.: C-21884
SUBJECT:
Adopt an Ordinance Finding that a Material Change has Necessitated the Expansion of the Precinct
Line Road 2004 Capital Improvements Project and Authorize Execution of an Engineering Services
Agreement with Freese & Nichols, Inc., for Schematic Design for Precinct Line Road from Hurst
Boulevard to Trammel Davis Road (Project No. 00147)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance finding that a material change has occurred for the 2004 Capital
Improvement Program street reconstruction project, Precinct Line Road from 1,000' N of Trinity Blvd to
1,000' S of Trinity Blvd, to extend the limits Hurst Boulevard (SH 10) to Trammel Davis Road; and
2. Authorize the City Manager to execute an Engineering Services Agreement with Freese & Nichols, Inc.
in the amount of $263,346.00 for the schematic design of Precinct Line Road from Hurst Boulevard to
Trammel Davis Road.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) contains $635,000 for design and construction of this four-
lane divided roadway 1,000 feet north and south of Trinity Boulevard, and $1,650,000 for the reconstruction
of the bridge over Walkers Branch. In addition, $444,000 was set aside in the Special Assessments Fund
for the project. Subsequently the 2006 Tarrant County Bond Program approved $2,729,000 to supplement
City of Fort Worth funding for Precinct Line Road with extended limits on the north to SH-10; and $800,000
additional Federal Transportation funding has been earmarked for Precinct Line Road with extended limits
on the south to Trammel Davis Road.
TxDOT is currently designing the Walkers Branch Bridge replacement and intersection improvements at
Trinity Boulevard. For accommodation of traffic, it will be necessary to have a combined roadway and
bridge construction contract. Therefore, to expedite the roadway design to meet TxDOT's schedule, the
plan is that City funding be used to get design started immediately, and the approved County and Federal
Transportation funds, along with remaining City funds, will be used for the construction phase of the
project. A Tarrant County interlocal agreement and a Federal funding agreement with TxDOT will be
presented to the Council prior to that phase.
SPECIAL FISCAL NOTE:
This is a 2004 CIP project. Upon approval of the above finding, it is important to note that should the
aforementioned agreements anticipated with the two funding agencies (Tarrant County and TxDOT) not
materialize, it will be necessary to identify an alternative funding source to complete the portion of the
project obligated to citizens in the bond program, as approval of the M&C authorizes use of some of the
approved funds.
The engineering services agreement with Freese & Nichols, Inc. is needed for the preparation of field
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Page 2 of 2
surveys, subsurface utility engineering, environmental assessment, public involvement, schematic plans,
and estimates for Precinct Line Road from Hurst Boulevard (SH-10) to Trammel Davis Road.
Based upon Statements of Qualifications and interviews from previous arterial street projects, Freese &
Nichols, Inc. was selected by the City as the best qualified firm to perform this work. Freese & Nichols, Inc.
proposes to perform the schematic design for a lump sum fee of $263,346.00. City Staff considers this fee
to be fair and reasonable for the scope of services to be performed.
Freese & Nichols, Inc. is in compliance with the City's MM/BE Ordinance by committing to 39 percent
M/WBE participation. The City's goal for this project is 28 percent.
This project is located in COUNCIL DISTRICTS 4 and 5, Mapsco 52Z, 66D, and 67A.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C200 531200 204230014730 $263,346.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Tom Leuschen (2442)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/30/2007