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HomeMy WebLinkAboutContract 37238 COLT C TNo CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Freese and Nichols, Inc. (the "ENGINEER"), for a PROJECT generally described as: Arterial Bridge Design Phase I — Conceptual Design. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B and Attachment C — Fee Breakdown. 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 1, 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. /, r�•_ I . Enginoerin l Agreement `,pi5�f Pago 1 � Ur� ORIGINAL Article IV Obligations of the Engineer 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. 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 Engineering Agreement 'i Paget 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 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. Engineering Agreement Page 3 - 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. t. Minority and Woman Business Enterprise (MIWBE) 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 MIWBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, 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 I Engineering Agreehn'e 11REA1P Page 4 � �314 � � a 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 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 Engineering Agreem nt Page 5 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 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: VI1 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. Engineering Agreement Pages (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 ail 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 cons ultantslsubcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. 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. Engineering Agreement Page 7 (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 A. City-Furnished Data The CITY will mare available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. fir!) Engineering Agreement Page 8 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. (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." EngineeringAgr ement Page 9 (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. 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 A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from•tq: CITY. En fneerin A !r'1 ll`2':.Ik�l �``•a.ti, 9 g g reement Page10 rr 5n4`4'iL� 1lq �a ',J:ii 'li PIS ��!•l, 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. 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 Engineering Agreement Page 11 � �� 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 foss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party 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 yre{asonably agree that the amount of the dispute is likely to be f _ ... I i 1�l.1 C Engineering Agreement ;. Page 12 r' 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. 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 Attachment C — Fee Breakdown J V J G.I, JS a Engineering Agreements Page 13 � ��� •,Y?y};;�r ;1P i Executed this the peday of , 2008. ATTEST: CITY OF FORT WORTH 11 .L�. Marty Hendri Fernando Costa City Secretary Act-ing.-Assistant City Manager APPROVED AS TO FORM APPROVAL RECOMMENDED: AND LE ?ITY Amy Ramey Douglas Rademaker, P.E. Assistant City Attorney Director, Department of Engineering ATTEST: FREESE AND NICHOLS, INC. ZZ -t� v 4-35c- Robert F. Pence, P.E., BCEE President and CEO C� a Contract Authoriza4tiolk i Engineering Agreement Page 14 ATTACHMENT A GENERAL SCOPE OF SERVICES ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND FREESE AND NICHOLS,INC. FOR ARTERIAL BRIDGE DESIGN PHASE I- CONCEPTUAL DESIGN GENERAL SCOPE OF SERVICES March 3,2008 SECTION 1 -DESCRIPTION OF PROJECT,AGREEMENT AND SCHEDULE This Project consists of the conceptual design of a four-lane arterial roadway and bridge extending west from the intersection of Stonegate Blvd. and HuIen Street and crossing the Trinity River just upstream of the Hulen Street bridge in southwest Fort Worth, as shown on the attached schematic drawing. The roadway length is approximately 1,300 linear feet. The conceptual design will involve the evaluation of multiple bridge conceptual design options in order to eventually select one design. This conceptual design is anticipated to be Phase I of the overall bridge project, with Phase II being the development of construction documents and construction administration. SECTION 2 -BASIC SERVICES This section describes the services FNI will provide as Basic Services, I. INITIAL INDIVIDUAL MEETINGS a. Conduct initial meetings with stakeholders designated by the CITY to gather input in order to develop bridge options. Stakeholders will include the U.S. Army Corps of Engineers, Tarrant Regional Water District, Streams and Valleys, Inc., local developers, and other design consultants associated with the adjacent roadway and utility projects. Meetings will be held individually with each stakeholder and minutes will be recorded. FNI will schedule and assist CITY in conducting all meetings. b. Attend biweekly meetings with the City of Fort Worth and the design consultants associated with the adjacent roadway and utility projects. c. Obtain existing data, including survey, geotechnical investigation reports, drawings, and hydraulic data. d. Prepare a topographic survey of the site consisting of the following: i. In general, a 200 feet wide survey for approximately 1500 feet. Additional survey for the existing trail path and drainage channel will also be completed. Attachment A Page 1 ii. Six hydraulic cross sections will be taken, four of which are located within the topo limits. All cross sections will include all the break points including the toe of the channel and the flowline of the channel which are located underwater. iii. Right-of-way and casement documents in City of Fort Worth format will be prepared for up to a maximum of three parcels. e. Complete a geotechnical investigation consisting of the following: i. Make five bridge borings and two roadway exploratory borings after checking underground utilities and accessibility. Each bridge boring will be drilled to a depth of about 50 feet (penetrating rock by a minimum of 15 feet) and each roadway boring will be drilled to a depth of 15 feet. ii. Obtain relatively undisturbed thin walled tube samples and standard penetration. iii. Test samples as appropriate for the soils encountered. iv. Observe groundwater seepage during drilling and record level. v. Backfill boreholes with cuttings upon completion. A. Selected laboratory testing will be conducted on samples that are representative of the materials obtained during the field exploration. The test will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. The test will include Atterberg limits, percentage passing #200 sieve, moisture content, unit dry weight, and unconfined compressive strength. vii. An engineering analysis and evaluation of the field and laboratory data will be performed and a geotechnical report will be prepared including boring logs, analysis data, and pavement design and subgrade treatment recommendations, foundation design recommendations and fill recommendations. f. Photograph the site from several vantage points using the services of a professional photographer. No aerial photography, however, will be taken. II. DEVELOPMENT OF CONCEPTUAL SOLUTIONS AND OPTIONS a. Based on the input received from the individual meetings with various stakeholders, prepare multiple conceptual design options to address the needs, as much as possible, of each stakeholder. b. Evaluate the hydraulic, structural, environmental, and other applicable technical aspects of the multiple conceptual design options. Develop the multiple design options to a level such that a reasonable opinion of probable construction cost can be estimated. c. Assemble graphical displays of each conceptual options, illustrated with two- dimensional plans and profiles, and for up to two bridge designs, three-dimensional computer renderings. III. STAKEHOLDER COLLABORATION WORKSHOP a. Organize and lead an approximately four-hour stakeholder collaboration workshop. The goal of the workshop will be to achieve consensus on the general characteristics of the bridge so that the conceptual design can be completed. b. Possible attendees: i. City of Fort Worth Attachment A Page 2 ii. Streams and Valleys,Inc. iii. Tarrant Regional Water District iv. US Army Corps of Engineers v. Adjacent developers c. At the workshop, cover the following agenda items: i. Overview of the conceptual design process ii. Characteristics of the bridge site 1. Roadways 2. Existing and new developments 3. Pedestrian trails 4. Underground utilities 5. Topography 6. Geology 7. Hydraulics and drainage 8. Panoramic photos of the site 9. Aerial photo of site with: a. Topography b. Underground utilities c. Flood elevations iii. Desires and goals for the project 1. Key issues for each stakeholder 2. Budget 3. Schedule a. Conceptual phase b. Final design phase e. Construction phase 4. Appropriate Bridge Aesthetic Elements iv. Present for discussion conceptual options for addressing the needs of the various stakeholders. d. Conduct follow-up meetings with various stakeholders as necessary to discuss action items and issues brought up during the workshop that need to be addressed in order to develop the conceptual design. This may involve additional meetings or presentations. IV. FINAL CONCEPTUAL DESIGN REPORT a. Based on the conclusions reached at the workshop, develop a final single conceptual design. b. Prepare schematic drawings of the final bridge design, and a corresponding opinion of the probable construction cost. c. Summarize all the issues and discussions held throughout the conceptual design process into a final conceptual design report. Five copies of the final report will be provided, together with an electronic copy of the report. Attachment A Page 3 SECTION 3 -ADDITIONAL SERVICES ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by CITY, which are not included in the above described basic services, are described as follows: A. Any services not called for under the Basic Services above, including the development of construction documents. B. Public involvement meetings. C. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. D. Assisting CITY in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. E. Design, contract modifications, studies, or analysis required to comply with local, State, Federal, or other regulatory agencies that become effective after the date of this agreement. F. Preparing data and reports for assistance to CITY in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. SECTION 4—TIME OF COMPLETION TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services within 12 weeks from the notice to proceed. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in CITY or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. SECTION 5 —RESPONSIBILITIES OF CITY RESPONSIBILITIES OF CITY: CITY shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as CITY's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret, and define CITY's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to CITY's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY will require to be included in the drawings and Attachment A Page 4 specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI,obtain advice of an attorney, insurance counselor and other consultants as CITY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. SECTION 6—DESIGNATED REPRESENTATIVES FNI and CITY designate the following representatives: CITY's Designated Representative— Mr. Leon Wilson, P.E. 927 Taylor Street Fort Worth, TX 76102 Phone: (817) 392-8883 E-mail: leon.wi l son @ fortworthgov.or FNI's Project Manager— John Dewar, P.E., S.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: (817) 735-7431 Fax: (817) 735-7491 E-mail: jfd@freesc.com FNI's Accounting Representative— Patti Allen 4055 International Plaza, Suite 200 Fort Worth, Texas 76109-4895 Phone: (817) 735-7466 Fax: (817) 735-7491 E-mail: pla@freese.com Attachment A Page 5 ATTACHMENT"B" COMPENSATION A. Basic Services: Compensation to FNI for the Basic Services shall be the lump sum of One Hundred Seventy Seven Thousand Seven Hundred Two Dollars ($177,702). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. S. Schedule of Charles forAdditional Work: Staff Member Salary Cost Times Multiplier of 2.02 Resident Representative Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick Ieave, vacation and holiday pay applicable thereto. Other Direct_Expenses Actual Cost Times Multiplier of 1.15 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. Rates for Inhouse Services Printinz Black and White $0.10 per copy Plotter Color Bond $2.50 per plot $0.50 per copy Special $ 5.00 per plot Binding $5.75 per book Testing Apparatus Density Meter $700.00 per month Gas Detection $ 20.00 per test Attachment B Page 1 o ' trooloa )l� 90 ro a pi Vi V1 I VJ h > 1 c, 4 y b 5 m to Ero to o m to m' Z o. Cl.i a. 444 0 �r A EEf Ecn w 3 ado 5. 0 ca I I Cu to alowtmii � n 7C' GH I m IN N YI o I N A W N r� ip N O 1-4 0e E vEoN/ N N D y rn b to ti o n I C H L3 om = vwm j wlwC"0to mA � tib omt�o E NI� t'AemA ~ m m m ro N O V I /o EV m m N Z 7 ti N� C w w 69 N O S I I d IQ co I v CO W m W +1 O-4 4 I O I N m jo I I 3 0 uNi too I o 0 o I I lD I N Oi a j 1 I N IO w I I O � ro IQ E I N T I E o w m o I i � Q yl A I Ibl V Vl N s m OID co E A I J N r A R b O ID �+ I I n w I I 0 - rn I f ro m 0 0 0 a 0 0 0 Iq N O IOIf tVp I A I W w 3 fi 00 o a a' a e o��e -v 2 a� o ao w I ip lia N A ih ro ° n I N City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/17/2008 DATE: Tuesday, June 17, 2008 LOG NAME: 30CF-BRIDGEXING REFERENCE NO.: C-22871 SUBJECT: Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $177,702.00 for Conceptual Design of a Bridge Crossing the Clearfork of the Trinity River (City Project No. 00107) RECOMMENDATION: It is recommended that the City Council authorize the City Manage to execute an Engineering Agreement with Freese and Nichols, Inc., in the amount of $177,702.00 for conceptual design of bridge crossing the Clearfork of the Trinity River. DISCUSSION: The 2004 Capital Improvement Program included funds for the City's share of costs for the State Highway 121 Tollway/Southwest Parkway (SH-121) project. Subsequent funding was included in the 2007 Critical Capital Projects approve by Council in December 2006. On December 7, 2004, (M&C C-20437 as amended on April 26, 2005, M&C C-20685) the City authorized an Infrastructure Development Agreement with Edwards Geren Limited (EGL) which required the City to fund and construct certain infrastructure related to the development of State Highway 121 (Southwest Parkway). The improvements proposed in this agreement consist of conceptual design of the proposed bridge, coordination necessary to initiate required permitting with the United States Army Corps of Engineers, and communications with various other stakeholders. Freese and Nichols, Inc., proposes to perform the necessary design work for the conceptual bridge design across the Clearfork of the Trinity River for a lump sum fee of $177,702.00, City staff considers this fee to be fair and reasonable for the scope of services proposed. As part of the agreement with EGL, the City escrowed funds for the design and construction of the identified improvements. Accordingly, after the award and execution of this agreement with Freese and Nichols. Inc., the City will withdraw the sum of$177,702.00 for the conceptual design of the proposed bridge. Freese and Nichols, Inc., is in compliance with the City's MIVVBE Ordinance by committing to 24 percent MNVBE participation. The City's goal on the project is 24 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 78T and U. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that funds are,ava la[blb,in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C295 531200 303230010731 $177,207.00 Submitted for City Manager's Office b Fernando Costa (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Leon Wilson (8883)