HomeMy WebLinkAboutContract 34315 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO.
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: Magnolia Urban
Village Pedestrian and Streetscape Project
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 liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The 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
JANUARY 1,2005
Page 2 of 21
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
conditions of existing equipment or structures that may affect operation or
ENGINEERING AGREEMENT 6-1,M KIWI H IC0r2D
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FT. Ta.
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
bSS3d
In accord with City of Fort Worth Ordinance No. t335%, 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
JANUARY 1,2D05
Page 4 of 21
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
A commercial business auto policy shall provide coverage on "any auto",
ENGINEERING AGREEMENT e ' l 1'�I l i0 c'-�G D
JANUARY 1,2005 va� �vJa ��l
Page 5 of 21 CITY MC IPLMA 1 y
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.
(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
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 6 of 21
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.
(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
JANUARY 1,2005
Page 7 of 21
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
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Page 8 of 21 ��t� Q!`11�f`V
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.
ENGINEERING ANUARY 1,005 AGREEMENT OFFI �1
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FT. 1`01-2yg, TEX.
(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
JANUARY 1,2005
Page 10 of 21
(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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 11 of 21
D. Termination
(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' personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 12 of 21
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 ��� �`�`��lO
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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 during the term of this AGREEMENT 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.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 14 of 21
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E— Location Map
Executed this the flik day of tA&k tbQr , 20D(p.
ATTEST: CITY OF FORT WORTH
By: Ao"VA
Marty Hendri Marc. A. Ott
City Secretary T Assistant City Manager
contract Au horiza�tioR approval Recommended
I J.
Date
ou9r ,las Rademaker, PE
Director, Engineering Department
APPROVED AS TO FORM
AND LEGALITY
Freese & Nichols, Inc.
ENGINEER
Assistant 'City Attorney
r
By: .
Name- Richard G_ Kelley, P.E_
Titles Group Manager
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 15 of 21 OF ]rN' !�� ^R MAII
ATTACHMENT"A"
General Scone Qf Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services."
GFNFRAI
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnical Investigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to
bring the plans into compliance with the requirements of said agency, including but not
limited to highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting authority.
If such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable
delays, a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 16 of 21
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not
be liable for the consequences of any changes that are mace to the drawings or changes
that are made in the implementation of the drawings without the written approval of the
Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring
the rights-of-way and/or easements for the construction of this project. Sketches and
easement descriptions are to be presented in form suitable for direct use by the
Department of Engineering in obtaining rights-of-way, easements, permits and licensing
agreements. All materials shall be furnished on the appropriate City forms in a minimum of
four (4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with all utilities, including utilities owned by the City, as to
any proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on
the preliminary and final plans the location of the proposed utility lines, existing utility lines,
based on the information provided by the utility, and any adjustments and/or relocation of
the existing lines within the project limits. The Engineer shall also evaluate the phasing of
the water, wastewater, street and drainage work, and shall submit such evaluation in
writing to the City as part of this phase of the project.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 17 of 21
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities.
The Engineer shall receive written approval of the Phase 1 Plans from the City's project
manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work
with existing and proposed utilities. The preliminary construction plans shall indicate
location of existing/proposed utilities and storm drain lines. The Engineer shall receive
written approval of the Phase 2 plans from the City's project manager before proceeding
with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3
plans from the City's project manager before proceeding with Phase 4.
ENGINEERING AGREEMENT
JANUARY 1,2005 w t �r
Page 1Bof21C� �
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be used
as authorized by the City for use in obtaining bids, awarding contracts, and constructing
the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitution
prior to the award of contracts is allowed by the bidding documents, the Engineer will
advise the owner as to the acceptability of alternate materials and equipment proposed by
the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals and
in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project
during its construction and will set control points in the field to allow City survey crews to
stake the project. The setting of line and grade stakes and route inspection of construction
will be performed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 19 of 21
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of
the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
ENGINEERING AGREEMENT
JANUARY 1,2005
Page 20 of 21
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EXHIBIT "A-1"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
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DESIGN SERVICES: PAVING, DRAINAGE, STREETSCAPE & LANDSCAPE IMPROVEMENTS
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The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for paving, drainage, streetscape,
and landscape improvements for the following:
DESIGN SERVICES: MAGNOLIA URBAN VILLAGE PEDESTRIAN AND STREETSCAPE I
PROJECT
CITY D.O.E. PROJECT NO.
Project Description:
I will
I render basic planning, surveying and engineering design services in conjunction with the
Magnolia Urban Village Pedestrian and Streetscape improvements project for the City of Fort
Worth (CITY). The project includes sidewalk improvements, streetscape furnishings, roadway
and intersection improvements with crosswalks, landscape features, street lighting, and -possible
parallel parking along Hemphill Street from the intersection of West Terrell to the intersection of
Allen Street.
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SCOPE OF WORK
The Scope of Work for this project consists of Design and preparation of Construction Plans and I
Contract Documents for:
• Hemphill Street from Terrell Ave. to Allen Street, or a section thereof.
• 200'east of Hemphill on Magnolia Street, or a section thereof.
• 20'of intersection tie-in on the Side Streets
These improvements include all or a portion of the following within the projects limits shown in
P P g P J
attachment:
• Demolition of the substandard curb and sidewalks within the project boundary noted
above.
• Construction of concrete curb and sidewalks within the project boundary noted above.
• Development of standard pedestrian crosswalks at intersections.
• Installation of pedestrian improvements, including but not limited to: street trees,
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pedestrian lights and wayfinding systems, benches, trash bins, bike racks, and other
enhancements to promote pedestrian activity.
• Coordination with the Fort Worth Transportation Authorities plan for new bus shelters.
• Landscaping elements including but not limited to street trees, planters, and other
vegetation
• Possible landscape medians with appropriate breaks
• Irrigation system to support new landscaping
• Design and relocation of traffic signal control
• Location of electric utility lines underground
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART Al —CONCEPTUAL LAYOUTS AND PLANNING
ENGINEER will attend weekly meetings(limited to 12 meetings) with City Staff to discuss
the concept design alternatives.
1. Conceptual Design Alternatives
ENGINEER will develop three (3) concept design alternatives based upon previous
stakeholder input, and staff input.
The ENGINEER will conduct a Power Point presentation to the Community
Stakeholders (Public Meeting No. 1) showing possible treatments and cross
section, photo demonstration and completed streetscapes that illustrate the
treatments. (Refer to attached schedule for the anticipated meeting date)
2. Preferred Conceptual Alternative
The ENGINEER will develop(1) preferred conceptual alternative based on stake
holders feedback from Public Meeting No. 1 and staff input.
The ENGINEER will develop a typical cross section and construction cost estimate
for the preferred conceptual alignment.
The ENGINEER will conduct a Power Point presentation to the Community
Stakeholders (Public Meeting No. 2) showing the preferred alternative with
treatments and cross sections, and planting plant. (Refer to attached schedule for
the anticipated meeting date)
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Following Public Meeting No. 2 the ENGINEER will incorporate final stakeholders
and staff comments into the preferred alternative and prepare a final schematic,
cross sections and cost estimates for city approval.
The project team landscape architect will develop a plant palette and planting
schemes for up to six (6)typical conditions.
The ENGINEER will prepare a plan view render of a 2 block section of the
streetscape.
The ENGINEER will attend one (1) final concept meeting with City of Fort Worth
Staff,TxDOT, and key stakeholders for final approval of the concept plan.
PART A2—PRE-ENGINEERING
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule.
One (1) pre-design kick-off meeting, including the CITY's Department of
Engineering, CITY's Planning Department, Texas Department of
Transportation.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, City Master plans, CITY drainage
complaint files, and existing applicable drainage studies.
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G. Coordination with Other Agencies !
During the concept phase the ENGINEER shall coordinate with all utilities,
including utilities owned by the City and TxDOT. These entities shall also be
contacted if applicable,to determine plans for any proposed facilities or adjustment
to existing facilities within the project limits. The information obtained shall be
shown on the concept plans. The ENGINEER shall show the location of the I
proposed utility lines, existing utility lines and any adjustments and/or relocation of l
the existing lines within the project limits. ENGINEER shall complete all forms
necessary for City to obtain permit letters from TxDOT and railroads and submit
such forms to the City. City shall be responsible for forwarding the forms to the
affected agencies for execution.
2. Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully
executed. The schedule shall be updated and submitted to the CITY along with
monthly progress reports as required under Attachment B of the contract.
PART B-CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
i. Surveys for Design
a. ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for.the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location of buried utilities, structures, and
other features relevant to the final plan sheets. Existing drainage at
intersections will be verified by field surveys. Spot elevations will be shown
on intersection layouts with cross slope to fit intersecting grade lines.
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b. ENGINEER will provide the following information:
All plans, field notes, plats, maps, legal descriptions, or other specified
documents prepared in conjunction with the requested services shall be
provided in a digital format compatible with the electronic data collection
and computer aided design and drafting software currently in use by the
Department of Engineering. All text data such as plan and profile, legal
descriptions, coordinate files, cut sheets, etc., shall be provided in the
American Standard Code for Information Interchange (ASCII) format, and
all drawing files shall be provided in Microstation (DGN or DXF) format, or
as otherwise approved in writing by the CITY, and all data collected and
generated during the course of the project shall become the property of the
CITY.
The minimum survey information to be provided on the plans shall include
the following:
1. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
2. The following information about each Control Point;
a. Identified (Existing. City Monument #8901, OK Nail,
5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate
system, and a referred bearing base. Z coordinate on
City Datum only.
C. Descriptive Location (Ex. Set in the centerline of the
inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast comer of North
Side Drive and North Main Street).
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system,as the Control.
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4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
ii. Public Notification
Prior to conducting design survey, ENGINEER will notify affected
residents of the project in writing. The notification letter shall be on
company letterhead and shall include the following: project name
limits DOE project No., Consultant's Project Manager and phone
no., scope of survey work and design survey schedule. The letter
will be reviewed and approved by the City prior to distribution.
iv. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 30 days after Kick-
of Meeting is conducted with the City.
b. The ENGINEER shall furnish four (4) copies of the concept
engineering plans to the CITY, two (2) copies to TxDOT, and
two (2) copies to Magnolia stakeholders group, which include
layouts, material selections, typical sections, preliminary right-
of-way needs and cost estimates for the ENGINEER's
recommended plan.
c. The ENGINEER shall meet with CITY's Department of
Engineering, CITY's Planning Department, Texas Department
of Transportation, and Fort Worth South stakeholders groups
for review of the conceptual engineering plan submittal.
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2. Preliminary Engineering
Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as
follows:
a. Preliminary project plans and profile sheets which will show the following
and shall be on 11-x it sheets in accordance with TxDOT standards:
Curb Lines
Driveways
Sidewalks
Existing water and sanitary sewer mains.
b. Existing utilities and utility easements will be shown on the roadway plan
and profile sheets. ENGINEER will coordinate with utility companies and
the City of Fort Worth to ascertain what, if any, future improvements are
planned that may impact the project.
c. Paving Layout and design of the intersections and medians within the
project area will be developed with horizontal control and spot grades.
d. Traffic Control and Construction Sequence Plan for each phase of
construction will be prepared in accordance the latest edition of the
MUTCD and TxDOT standards.
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e. Proposed plan/plan sheets will conform to TxDOT Standards. Adequate
horizontal and vertical control shall be provided on the plan sheets to
locate all proposed and existing facilities.
g. Landscape Architecture
1. Plans, Specs, and Estimates for planting and irrigation only to include
(hardscape and site furnishings to be done by FNI):
• Planting plans
• Irrigation plans — The irrigation plans will be developed to provide
water to median landscaped areas and at intersections where more
intense planting might occur. Trees in all other areas will be
watered with two bubbler heads per tree.
• Planting and Irrigation details and technical specifications
• Input to FNI on planting quantities for the TxDOT format quantity
sheet
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h Environmental Document Preparation
The environmental document will include with following information:
• Description of Existing Facility
• Describe the Proposed Facility
• Anticipated Land Use
• Purpose and Need for Proposed Project
• Alternatives Including Proposed Action
• Social and Economic Issues
• Natural Resources
• Hazardous Materials
• Air Quality
• Noise
• Archeology
• Historic Properties
As a sub consultant to B&A, Mead &Hunt will conduct
reconnaissance-level documentation and National Register
of Historic Places (NRHP) eligibility evaluation for historic-
age buildings, structures, objects, and non-archeological
sites in the project's.Area of Potential Effects (APE).
Task 1. Project coordination/literature review
Task 2. Reconnaissance-Level Field Survey
Task 3. Reconnaissance-Level Survey Report
Task 4. Environmental Document Preparation
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i. Electrical Engineering
FNI shall meet with the client to establish lighting level minimum, maximum
and average values and to determine the light fixture that will be used.
FNI will coordinate with the electric utility company to coordinate service to
the new light fixtures.
FNI will prepare electrical details and electrical specifications for the
installation of the light fixtures and appurtenances.
j. Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Public
Works Department, Water Department, Department of Engineering, and
other CITY departments, public utilities, private utilities, private utilities
and government agencies to determine the approximate location of
above and underground utilities, and other facilities that have an impact
or influence on the project. ENGINEER will design City facilities to avoid
or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 18 sets of approved preliminary
construction plans to the City's Utility Coordinator for forwarding to all utility
companies, which have facilities within the limits of the project.
I. Preliminary Construction Plan Submittal
i. Preliminary 60% construction plans and specifications shall be
submitted to CITY 60 days after approval of the 30% conceptual
plan by the CITY and TxDOT.
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ii. The ENGINEER shall deliver four (4) sets of preliminary
construction plans. Generally, plan sheets shall be organized as
follows:
• Cover Sheet
• General Layout
• Typical Sections
• Paving/Streetscape Sheets
• Landscape/Irrigation Plan Sheets
• Electrical Detail Sheet
• Traffic Control &Construction Sequence Plans
• TxDOT Standard Construction Details
• Special Details(Streetscape/Landscape)
iii. The ENGINEER shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. Engineer
shall assist City in selecting the feasible and or economical
solutions to be pursued.
M. Review Meetings
The ENGINEER shall meet with CITY and TxDOT to discuss review
comments for preliminary submittal.
3. 90%Construction Plan Submittal
a. 90% construction plans and specifications shall be submitted to CITY 45
days after approval of the 60%preliminary plans by the CITY and TxDOT.
i. The ENGINEER shall deliver four(4) sets of 90% construction plans.
ii. The ENGINEER shall submit a 90% estimate of probable construction cost
with the 90% plans submitted. Engineer shall assist City in selecting the
feasible and or economical solutions to be pursued.
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a. Review Meetings
The ENGINEER shall meet with CITY and TxDOT to discuss review
comments for 90% submittal. The CITY shall direct the ENGINEER in
writing to proceed with Final Design for Final Review.
b. Public Meetings
The ENGINEER shall prepare project exhibits, provide the CITY with the
database listing the names and addresses of all residents and business to
be affected by the proposed project, and attend up to three public meetings
to help explain the proposed project to stakeholders. The CITY shall select
a suitable location and mail the invitation letters to the affected customers.
4. Final Construction Plan Submittal
Following CITY and TXDOT approval of the 90% Final Plans, the
ENGINEER shall submit 100% final signed and sealed plans to the CITY
and TxDOT (each plan sheet shall be stamped, dated, and signed by the
ENGINEER registered in State of Texas). Four (4) sets of plans and
construction contract documents shall be submitted to the City within 10
days of CITY's and TxDOT's final approval.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
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PART C-PRE-CONSTRUCTION ASSISTANCE
Administration
a. Bid Documents Submittal
The ENGINEER will make available for bidding, upon request by
the CITY, up to thirty (30) sets of the final approved and dated
plans and specifications and contract documents for the projects to
the CITY for distribution to potential bidders. Proposal will be
provided in electronic format.
b. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including
preparation and delivery of any additional addenda prior to bid
opening to plan holders and respond to questions submitted to by
prospective bidders. Engineer shall attend the scheduled pre-bid
conference.
C. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for
the project. The ENGINEER shall also consult with and advise the
CITY on design and/or construction changes, if necessary.
PART D—CONSTRUCTION ADMINISTRATION
Construction Administration Services
Construction Administration services are not included in this
contract. Freese and Nichols, Inc. will perform construction
administration services as an additional service if requested by the
CITY.
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ATTACHMENT B
COMPENSATION AND SCHEDULE
PLANNING AND DESIGN OF MAGNOLIA URBAN VILLAGE PEDESTRAIN AND STREETSCAPE V
PROJECT S
CONTRACT#
PROJECT#
I. COMPENSATION
A. The ENGINEER shall be compensated at a lump sum fee of$137,083.00 for Basic Services as
summarized on Exhibit `B-3." Payment of the fee shall be considered full compensation for
the services described in Exhibit "A-l" for all labor, materials, supplies, and equipment
necessary to complete the project.
B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt of an invoice
from the 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 Engineering Department or his authorized representative that such work has been
performed.
11. SCHEDULE
Final Plans and Contract Documents for bid advertisement shall be submitted within 170 calendar
days (Does not include TxDOT and City review time) after the"Notice to Proceed"letter is issued.
The Design Phase shall have a schedule as follows:
Part A— Pre-engineering shall be completed 15 calendar days after City approval of
Notice to Proceed.
Part B— Concept plans shall be completed 30 calendar days after pre-design kick off
meeting. Preliminary plans, specifications, and contract documents shall be
completed 60 calendar days after City approval of concept plans. Final plans,
specifications, contract documents and cost estimate will be competed 45
calendar days after approval of Preliminary Plans.
Part C— Bidding and award will be completed an estimated 20 calendar days after the
TxDOT and City's approval of Final Design plans, specifications and contract
documents.
Attachment B,Page 1
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Y O tr✓•v N:4 Y Y' Y II�iti:1
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EXHIBIT`B-1"
(SUPPLEMENT TO ATTACHMENT`B") I
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METHOD OF PAYMENT
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PLANNING AND DESIGN OF MAGNOLIA URBAN VILLAGE PEDESTRAIN AND STREETSCAPE
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I. METHOD OF PAYMENTS
The Engineer shall be paid in monthly partial payments as outlined below:
A. The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoices for each partial payment request from the ENGINEER.
B. Partial payments shall not exceed the equivalent of 30% of the total lump sum fee,until
City approval of Exhibit A-1,Part B, Section 1.
C. Partial payments shall not exceed the equivalent to 60% of the total lump sum fee, until
City approval of Exhibit A-1,Part B, Section 2.
D. Partial payments shall not exceed the equivalent to 90% of the total lump sum fee,until
City approval of Exhibit A-1,Part B, Section 3.
E. The balance of the fee shall be payable after completion by the ENGINEER of Exhibit
A-1, Part C.
II. PROGRESS REPORT
A. The ENGINEER shall submit to the designated representative of Director of Department of
Engineering monthly progress reports covering all phases of design by the 15th of every
month in the format required by the City.
Note: If the ENGINEER determines in the course of making drawings and specifications that the
construction cost estimate of $850,000.00 (as estimated in Exhibit "B-4") will be exceeded,
whether by change in the scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the CI TY's Director of the Engineering
Department shall suspend all work hereunder.
Attachment C,Page 1
NAiACity of Fort Worth Sheetscape\Attach B Exhibit B-1-updated.doc
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EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT "B") j
SUMMARY OF TOTAL PROJECT FEES
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PLANNING&DESIGN OF THE MAGNOLIA URBAN VILLAGE PEDESTRAIN AND STREETSCAPE
PROJECT
Consulting Firm Prime Responsibility Total Fee M/WBE Fee Percent
Freese and Nichols
Basic Services $ 44,100.00
Rendering (2 Blocks)(Plan View) $ 2,200.00
TxDOT Coordination $ 2,000.00
SW3P $ 2,000.00
Project Meetings $ 7,260.00
Printing&Reproduction Subtotal $ 2,980.00
Adminstrative(10%) Fee on Subconsultants $ 6,690.00
Total $ 67,230.00 $0.00 0%
Non-M/WBE Sub-consultants
Newman,Jackson,Bieberstein, Inc.
Landscape and Irrigation Services $13,000.00 $0.00 0%
Mead&Hunt,Inc.
Historian Services $14,453.00 $0.00 0%
Blanton and Associates
Environmental Document Services $15,000.00 $0.00 100%
M/W BE Sub-consultants
Gorrondona and Associates
Surveying Services $18,400.00 $18,400.00 100%
Lopez Garcia Group
Elecrical Engineering Services $6,000.00 $6,000.00 100%
Alpha Graphics
Printing and Reproduction Services $3,000.00 $3,000.00 100%
Total $27,400.00 $27,400.00 100%
m ctesr� "� '�oa"'F Q ;;,�, T dC 111W'f3Leri"
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We will be using Gorrondona and Associates for Surveying, Lopez Garcia for Electrical and Alpha Graphics
for Reproduction Services. This will result in a 20% ($27,400.00)portion of the contract that will be performed
by approved NVWBE firms which meets our goal of 20.0%
EXHIBIT "B-3B"
(Supplement to Attachment B)
PROFESSIONAL SERVICES FEE SUMMARY
PLANNING&DESIGN OF THE MAGNOLIA URBAN VILLAGE PEDESTRIAN AND STREETSCAPE ,
PROJECT
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Part A-Conceptual Design,and Part B-Plans and Specifications
Transportation&Public Works: (Construction Cost for Paving and Drainage) X ASCE Curve'A'X 85%)
'Engineering Design $625,000.00 X 8.3% X 85% _ $44,100.00
Transportation &Public Works and Water: Basic Services Total $44,100.60
Special Services:
Transportation&Public Works:
Topographic and Right-of-Way Surveying Services(Gorrondona) $18,400.00
Rendering(2 Blocks)(Plan View) $2,200.00
TxDOT Coordination $2,000.00
LandscapeArrigation Design Services $13,000.00
Environmental Document Services(Blanton &Associates) $15,000.00
Historian Services (Mead and Hunt) $14,453.00
Electrical Design Services $6,000.00
SW 3P $2,000.00
Project Meetings $7,260.00
Printing&Reproduction Subtotal $5,980.00
Adminstrative(10%) Fee on Subconsultants $6,690.00
Transportation&Public Works: Special Services Total $92,983.00
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CONTINUE EXHIBIT "13-313"
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE(LESS SURVEY FEE)
A.SUMMARY OF TOTAL FEE
Service Description Streetscape Total
Basic Services $44,100.00
Special Services $74,583.00
Surveying Fee $18,400.00
Total $137,083.00
B. BREAKDOWN OF STREETSCAPE FEES
(Less Survey Fees)
3.Total Streetscape Fee (less survey fee)Breakdown by Concept, Preliminary and Final Design
a. Concept(30%)=(Total Streetscape Fee-Survey Fee)x(0.3) _ $35,604.90
b. Preliminary(60%)=(Total Streetscape Fee-Survey Fee)x(0.6) _ $71,209.80
C. Final (10%)=(Total Streetscape Fee-Survey Fee)x (0.1) _ $11,868.30
$118,683.00
EXHIBIT "13-31)"
(Supplement to Attachment B)
SPECIAL SERVICES
PROJECT
Special Services:
Transportation& Public Works:
Rendering (2 Blocks)(Plan View) $ 2,200.00
TxDOT Coordination $ 2,000.00
Landscape/Irrigation Design Services $ 13,000.00
Environmental Document Services (Blanton&Associates) $ 15,000.00
Historian Services (Mead and Hunt) $ 14,453.00
Electrical Design Services $ 6,000.00
SW3P $ 2,000.00
Project Meetings $ 7,260.00
(1) Public Meetings No. 1 (3 hrs each/3 Employees) $ 990.00
(1) Project Kickoff Meeting (3 hrs/3 Employees) $ 990.00
(1) Public Meetings No.2(3 hrs each/3 Employees) $ 990.00
(1) Concept Review Meeting(2 hrs/2 Employees) $ 440.00
(1) Preliminary Review Meeting (2 hrs/2 Employees) $ 440.00
(1) Final Review Meeting (2 hrs/2 Employees) $ 440.00
(1)TxDOT Review Meeting(2 hrs/2 Employees) $ 440.00
(1) Public Meetings No. 3(3 hrs each/1 Employee) $ 330.00
(1) Pre-Bid Meeting (2 hrs/2 Employees) $ 440.00
(1) Pre-Construction Meeting (2 hrs/2 Employees) $ 440.00
(12)Weekly Coordination Meetings(2 hrs/1 Employee) $ 1,320.00
Transportation& Public Works: $ 61,913.00
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EXHIBIT "B-3C"
(Supplement to Attachment B)
FEE FOR SURVEYING SERVICES
PLANNING & DESIGN OF THE MAGNOLIA URBAN VILLAGE PEDESTRIAN AND
STREETSCAPE PROJECT
Surveying Services (To be Performed by Gorrondona&Associates, Inc., MWBE Firm):
Paving and Streetscape Improvements
Topographic Surveye (4600 LF 0$4.0/LF) $18,400.00
Department of Engineering: Survey Services Total $18,400.00
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EXHIBIT "B-3E"
(Supplement to Attachment B)
FEE FOR REPRODUCTION SERVICES
PLANNING&DESIGN OF THE MAGNOLIA URBAN VILLAGE PEDESTRIAN AND STREETSCAPE
PROJECT
Printing&Reproduction
Department of Engineering
Conceptual Design Plan/Report
10 Sets of Plahs/Report $0.50 /Pg x 20 Pg/Report X 10 = $100.00
Preliminary& Utility Clearance Plans
4 Sets of Constr. Plans $3.00 /Sht x 18 Sht/Plan X 4 = $216.00
2 Sets TxDOT Review $3.00/Sht x 18 Sht/Plan X 2 = $108.00
18 Sets of Constr. Plans $2.00 /Sht x 18 Sht/Plan X 18 = $648.00
2 Sets of Specifications $0.15 /Sht x 450 Sht/Plan X 2 = $135.00
Final Plans
6 Sets of Constr. Plans $3.00 /Sht x 18 Sht/Plan X 6 = $324.00
2 Sets TxDOT Review $3.00 /Sht x 18 Sht/Plan X 2 = $108.00
2 Sets of Specifications $0.15 /Sht x 450 Sht/Plan X 2 = $135.00
Bid Documents
2 Sets for TxDOT $3.00/Sht x 18 Sht/Plan X 4 = $216.00
2 Sets of Specifications(TxDOT) $0.15 /Sht x 450 Sht/Plan X 18 = $1,215.00
30 Sets of Constr. Plans $2.00 /Sht x 18 Sht/Plan X 30 = $1,080.00
30 Sets of Specifications $0.10 /Sht x 450 Sht/Plan X 30 = $1,350.00
Mounted Exhibits for Public Meetings
Drawing on Board $10.00 EA 3 Plots/Proj X 3 = $90:00
Final Mylars for Record Purposes
CD with PDF File of the Plans $75.00 EA 1 CD X 1 = $75.00
1 Set of Plans(City) $10.06/Sht x 18 Sht/Plan X 1 = $180.00
Printing&Reproduction Subtotal $5,980.00
EXHIBIT "B-4"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF OPINION OF PROBABLE CONSTRUCTION COST
PLANNING &DESIGN OF THE MAGNOLIA URBAN VILLAGE PEDESTRIAN AND
STREETSCAPE PROJECT !
Total
Location Construction
Magnolia Urban Village $850,000.00
TOTALS
EB4-1
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ATTACHMENT"C"
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CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND
ATTACHMENT A
PLANNING AND DESIGN OF MAGNOLIA URBAN VILLAGE PEDESTRAIN AND
STREETSCAPE PROJECT
3D Renderings are not included in this proposal. 3D Renderings will be considered an
additional Service if requested by the City.The presentation exhibits included in this
proposal will consist of full size color graphics in plan view overlaid on the City's aerial
photos. Upon approval of the preferred alternative a plan view Rendering will be prepare
for approximately 2 blocks of the project to illustrate the typical streetscape and
landscape treatments.
This proposal includes 2,000 feet of additional topographic survey(2,000 LF @ $4.0/LF
= $8,000)to be performed if authorized by the City.
ATTACHMENT D
PROJECT SCHEDULE
MAGNOLIA URBAN VILLAGE PEDESTRAIN AND STREETSCAPE PROJECT
ID Task.Name Start Finish 200 200 200
e ct o an e a r agunJ l u e an e a a un ul u e Oc o a e Ma A r un Jul
1 Public Meeting No.1 Mon 10/16/06 Mon 10/16/06 . Public Meeting No.1
2 Project Kickoff Meeting Mon 10/30/06 Mon 10/30/06 Project Kickoff Meeting
3 Topographic Survey Mon 10/30/06 Fri 12/22/06 Topographic Survey
4 Public Meeting No.2 Mon 11/13/06 Mon 11/13/06 ` Pu Iic Meeting No.2
5 Submit Conceptual Plan Tue 11/28/06 Tue 11/2ar06 ♦ ubmit Conceptual Plan
6 Begin Environmental Document Fri 12/22/06 Fri 12/22/06 Begin Environmental Document
7 Submit Concept Plan to Historical Commission Wed 1/17/07 Wed 1/17107 ♦ Submit Concept Plan to Historical Commission
8 Submit 30%Plans to TxDOT Wed 1/31/07 Wed 1/31/07 ♦ Submit 30%Plans to TxDOT
9 Submit 60%Plans&CE to TxDOT Wed 3/14/07 Wed 3114/07 ♦ Submit 60%Plans&CE to TxDOT
10 Submit 90%Plans&CE to TxDOT Man 4130107 Mon 4130107 . Submit 90%Plans&CE to TxDOT
11 Submit Final Plans to Historical Commisslon Mon 6125/07 Mon 6/25/07 ♦ Submit Final Plans to Historical Commission
12 Submit Final Plans to TxDOT Austin Mon 6/25/07 Mon 6/25107 ♦ Submit Final Plans to TxDOT Austin
13 Final Approved Plans and Specs Wed 12/12/07 Wed 12/12/07 ♦ Final Approved Plane and Specs
14 Submit Plans to TDLR Fri 12/28/07 Fri 12/28/07 ♦ Submit Plans to TDLR
15 Advertise Project Thu 1117/08 Wed 2/13108 Advertise Project Advertise Project
16 Pre-bid Meeting Mon 214/08 Mon 2/4108 ♦ Pre-bid Meeting
17 Bid Opening Thu 2/14/08 Thu 2/14/08 ♦ Bid Opening
18 Public Meeting No.3 Mon 3/10/08 Mon 3110/08 ♦ Public Meeting No.3
19 Begin Construction Mon 3/31/08 Mon 3/31/08 Begin Construction
20 Construction Mon 3/31/08 Fri 2/6109 Construction Construction
Task Milestone ♦ External Tasks
Split Summary ^ External Milestone
Progress Project Summary Deadline
10:40 AM
Thu 9/21/06
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ATTACHMENT D-1
MAGNOLIA URBAN VILLAGE PEDESTRAIN AND STREETSCAPE PROJECT
Schedule
City of Fort Worth
Contract No.
Project No.
ACTUAL
ID Task Name Start Finish Duration Start Finish
1 Public Meeting No. 1 10/16/06 10/16/06
2 Project Kickoff Meeting 10/30/06 10/30/06
3 Topographic Survey 10/30/06 12/22/06
4 Public Meeting No.2 11/13/06 11/13/06
5 Submit Conceptual Plan 11/28/06 11/28/06
6 Begin Environmental Document 12/22/06 12/22/06
7 Submit Concept Plan to Historical Commi 1/17/07 1/17/07
8 Submit 30% Plans to TxDOT .1/31/07 1/31/07
9 Submit 60% Plans&CE to TxDOT 3/14/07 3/14/07
10 Submit 90% Plans&CE to TxDOT 4/30/07 4/30/07
11 1 Submit Final Plans to Historical Commiss 6/25/07 6/25/07
12 Submit Final Plans to TxDOT Austin 6/25/07 6/25/07
13 Final Approved Plans and Specs 12/12/07 12/12/07
14 Submit Plans to TDLR 12/28/07 12/28/07
15 Advertise Project 1/17/08 2/13/08
16 Pre-bid Meeting 2/4/08 2/4/08
17 Bid Opening 2/14/08 2/14/08
18 Public M eting No.3 3/10/08 3/10/08
19 Begin Construction 3/31/08 3/31/08
20 Construction 3/31/08 2/6/09
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PEDESTRIAN & STREETSCAPE
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COUNCIL DISTRICT 9
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/31/2006
DATE: Tuesday, October 31, 2006
LOG NAME: 30MAGNOLIAVILL REFERENCE NO.: **C-21809
SUBJECT:
Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., for Magnolia Urban
Village Pedestrian and Streetscape Project
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
with Freese and Nichols, Inc., in the amount of $137,083.00 for Magnolia Urban Village Pedestrian and
Streetscape Project.
DISCUSSION:
On September 13, 2005, (M&C G-14914) the City Council authorized the City Manager to apply for and
accept a Federal Transportation Grant for Magnolia Urban Village Pedestrian and Streetscape Project
Improvements in Magnolia Village. The City received a Grant Fund in the amount of $1,233,688.00, from
the Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) for pedestrian and
streetscape improvements in Magnolia Village and $308,422.00 from the Southside Tax Increment
Financial District No. 4 (Southside TIF) for 20 percent local match required by the North Central Texas
Council of Governments (NCTCOG) Land Use/Transportation Joint Venture Program Grants Fund. The
total funding available for this project will be $1,542,110.00.
The area identified for the improvement is bounded by Pennsylvania Avenue to the North, Jennings Avenue
to the East, Allen Avenue to the South and Alston Avenue to the West. Magnolia Village is located at the
center of this proposed improvement area.
The scope of work for this project consists of design and preparation of construction plans and contract
documents for the following streetscape improvements to be determined through community stakeholder
meetings:
. Hemphill Street from Terrell Avenue to Allen Street.
. New landscaped median with breaks in appropriate locations and/or new widened and landscaped
sidewalks along Hemphill Street between Pennsylvania Avenue and Allen Avenue;
. Pavement striping to provide for changes in lane widths and/or landscaped bulb-outs to provide for
parallel on-street parking, as needed;
. Completion of a Traffic Impact Study (TIS);
. Reconstruction of substandard curb and sidewalks on various blocks, as needed;
. Pedestrian Crosswalks;
. Additional pedestrian improvements, including but not limited to: street trees, pedestrian lights,
benches, trash bins, bike racks and way finding sign.
. Irrigation systems to support new landscaping; and
• Relocation of utilities and traffic and pedestrian signal controls as necessary.
Logname: 30MAGNOLIAVILL Page 1 of 2
Freese and Nichols, Inc., proposed to provide to perform the necessary design services for a lump sum fee
of$137,083.00. City staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount $34,000.00 is required for project management by the Engineering
Department.
Funding the amount of $76,500.00 is required for associated construction services including pre-
construction, material testing, inspection and project close out. Contingency for this project is $42,500.00
Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20 percent
M/WBE participation. The City's goal on the project is 20 percent.
This project is located in COUNCIL DISTRICTS 8 and 9.
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/C enters
GR76 531200 022302054300 $137,083.00
Submitted for City Manager's Office br. Marc Ott (8476)
Originating Department Head: Douglas Rademaker (6157)
Additional Information Contact: Gopal Sahu (7949)
Logname: 30MAGNOLIAVILL Page 2 of 2