HomeMy WebLinkAboutContract 38905CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Transystems Corporation Consultants, (the "ENGINEER"), for a PROJECT generally
described as North Beach Street from Timberland Boulevard to Keller�Hicks Road. The limits
for Phase 1 of this agreement are from Bray Birch Drive to Keller -Hicks Road. The limits for
Phase 2 of this agreement are from Timberland Boulevard to Bray Birch Drive,
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, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, 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.t�„ p
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SECRETARYSECRETARY
City of Fort
Worth, Texas
Standard Agreement for Engineering Related Design Services
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CITY
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(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. 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.
Article IV
®bligations 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 appiicabie 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.
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, 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 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 the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(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
City of Fort Worth, Texas a `��'i'��:i��. �1�4��
Standard Agreement for Engineering Related Design Servi
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.
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.
IN IF
I. Minority and Woman Business Enterprise (M/VVBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman _business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
City of Fort Worth, Texas ke t %#1AL YY1%;Q LKU
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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 five (5) 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 five (5) 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. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, -using ISO
City of Fort Worth, Texas N ft.lWl� �EC�Rb
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additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officersI directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
OFFICIAL��ICIAL RECORD
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) GENERAL INSURANCE REQUIREMENTS
a. Certcates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. 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.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. 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.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i
The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
City of Fort Worth, Texas
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thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
6.30.09 age 8 of 15 CITY SECRETARY
P
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WORTH, TY,
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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
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'a performance of its services. 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.
,� OFFICIAL REC�I�C►
City of Fort Worth, Texas
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Page 9 of 15 + tl WORTH, TX
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 prepared in accordance with Attachment D.
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
City of Fort Worth, Texas
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with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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.
City of Fort Worth, Texas
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i ®FFICIAL RECORD
�iiil �ECRETAR�`
=T. WORTH, TX
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization I
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
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 in 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 electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
City of Fort Worth, Texas i! �.I�"�"JCiit�>3. �ict,lit��i
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work underway at the time of 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 we
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
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.
City of Fort Worth, Texas
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OFFICIAL RECORa
r"ITY SECRETARY
WORTH, TX
J. 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.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. 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.
City of Fort Worth, Texas
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���IC;I�L I~tECORD �
CITY SECRETARY
!FORTH, TX
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' day of J L) , 2009.
ATTEST:
Marty Hendrix
City Secretary
--
Contract AuthorizatioRt
J
Date
Amy Ran
Assistant
ATTEST:
Name
Title
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
APPROVAL RECOMMENDED
Director, Transportation and Public Works Department
FORM AND LEGALITY
ity Attorney
City of Fort Worlh, Texas
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TRAMS-Y-STE S C PORATION CONSULTANTS
Rau Pena, III P.E.
Regional Vice President
EXHIBIT "A-2"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
Work under this attachment includes engineering services for paving and/or storm drain
improvements for the following:
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
This project is being subdivided into two phases: Phase 1 will be from Keller Hicks Road to Bray
Birch Lane and Phase 2 will be from Bray Birch Lane to Timberland Drive. Under this contract,
The ENGINEER is authorized to proceed with Phase I of this project. Upon receipt of notice to
proceed, the ENGINEER will perform the following tasks:
PART A —PRE-ENGINEERING
1. Initial Data C®Ileciion
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. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre -design kick-off meeting, (including ALL departments that are
impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
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In addition to data obtained from the City, ENGINEER will research.�d,�aatce
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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, existing applicable drainage studies and property ownership as available from
the Tax Assessor's office.
c. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with all utilities, including
utilities owned by the City, TxDOT and railroads. 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 proposed utility
lines, existing utility lines and any adjustments and/or relocation of 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
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intersections will be verified by field surveys. Spot elevations will be shown
on intersection layouts with cross slope to fit intersecting grade lines.
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, PK 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 corner 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.
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 and PersonnelNehicle Identification
a. Residential notification is required for field surveys on this project, mail -
outs will be prepared for approval by CITY T/PW staff. The mail out shall
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be on company letter head and shall include the project name, study limits,
DOE project no., brief description of the project, and consultant's project
manager name and telephone number.
=OR -
If Right of Entry acquisition is required for field surveys or other work on
this project, mail -outs will be prepared for approval by CITY T/PW staff.
The mail out shall be on company letter head and shall include the project
name, study limits, DOE project no., brief description of the project, and
consultant's project manager name and telephone number and a place for
the property owner to sign giving permission to access the property.
b. When conducting site visits to the project location, the ENGINEER or any
of its sub -consultants shall carry readily visible information identifying the
name of the company and the company representative.
iii. Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff
area and existing street, right-of-way and storm sewer capacities for the subject
site. A drainage area map will be drawn at 1" = 200' scale from available contour
maps. Calculations regarding street and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will be
provided. Capacities of existing storm drain will be calculated and shown. The
ENGINEER's responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with City standards. All
calculations and design shall conform to the City of Fort Worth Storm Water
Management Design Manual, March 2006.
iv. Conceptual Engineering Plan Submittal
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a. Conceptual plans shall be submitted to City 120 days after Notice to
Proceed Letter is issued.
b. The ENGINEER shall furnish three (3) copies of the concept engineering
plans which include layouts, preliminary right-of-way needs and cost
estimates for the ENGINEER's recommended plan. The ENGINEER shall
also evaluate the phasing of the water, sanitary sewer, street and drainage
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work, and shall submit such evaluation in writing to the City as a part of the
concept phase of the project.
2. Preliminary Engineering
Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as
follows:
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a. Drainage area maps with drainage calculations and hydraulic
computations. Information shown on the plans will be consistent with Part
A, Paragraph 1.b. for proposed condition.
b. Preliminary project plans and profile sheets which will show the following and
shall be on 22" x 34" sheets:
Property Ownership
Curb Lines
Driveways
Medians (if applicable)
Sidewalks
Existing and proposed water and sanitary sewer mains.
c. Proposed roadway profile grades and elevations along each curb line;
elevations at all p.v.i.'s; pTs half stations; high and low points; vertical curve
information; and pertinent AASHTO calculations. Profiles for existing curbs
(if any) and existing ground at the left and right-of-way lines shall be shown.
Existing found property corners (e.g. Iron pins), along the existing right-of-
way shall be shown on the plans. Profiles for existing and proposed storm
drain mains and leads shall be provided.
d. 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.
e. Preliminary roadway cross -sections will be developed, from the survey
notes, at intervals not -to -exceed 50 foot along the project length and will
extend 10' past the right of way line on both sides of the street. Additional
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cross -sections at important features including driveways, p.i.'s of intersecting
streets, (minimum distance of 100' along cross -street at each P.I.) walks,
retaining walls, etc., will also be provided. Profiles of centerline of driveways
will also be provided where necessary. Scale will be 1" = 10' horizontal and
1" = 2' vertical.
f. Street and intersection layouts.
g. Proposed plan/profile sheets will conform to City of Fort Worth construction
legend. Adequate horizontal and vertical control shall be provided on the
plan sheets to locate all proposed and existing facilities. Legal descriptions
(Lot Nos., Block Nos., and Addition Names) along with property ownership
shall be provided on the plan view.
h. Signalization
Prepare signalization plans for the following two (1) intersections:
1. North Beach Street/Keller-Hicks Road
The project parameters are defined below:
1. The plans, standards and any special specifications will be prepared
using English units.
2. Existing traffic signal specifications and standards will be furnished by
the City and will be used for design plans, unless otherwise requested by
the City in writing.
These include:
a. City of Fort Worth Transportation and Public Works "Traffic Signal
Design Guidelines, October 2007".
b. Example plan set illustrating desired format for each type of plan
sheet to be developed by the Engineer.
c. Example City standard traffic signal construction details,
specifications, and Contract Documents.
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3. The City will provide 24hour approach counts, turning movement
counts, capacity analyses, and traffic accident data for up to three years,
if available.
4. The City will provide determination for provision of cable TV drops,
vehicle detection, and Opticom equipment.
5. All intersections will be designed to accommodate existing or future
pedestrian activities, including sidewalk ramps, crosswalks, push
buttons, and pedestrian heads to meet ADA requirements as requested
by the City.
6. The Engineer will prepare the following items to be included in the
overall set of construction plans for bidding purposes:
a. Existing Conditions Layout -showing utility lines, illumination, signs,
markings, and any removals (if necessary).
b. Traffic Signal Design Layout (per intersection) -showing existing
utilities (utility poles, street lights, storm drains, fire hydrants, etc.),
permanent traffic signal poles and mast arms, pedestrian signal
poles, pedestrian signals, push buttons, controller cabinet
assemblies, signal heads, street lights, detector loops or other
detectors, conduit, ground boxes, power sources with distribution to
signal service, communications connections, wiring diagrams,
pavement markings, signal phasing plan, Opticom equipment,
conduit and cable chart, pole summary chart, phasing sequence,
pole details, pole locations diagram, and all other items required for
the complete construction of the signals..
c. Interconnect and Service Layout -showing existing and proposed
interconnect (if applicable) and service.
d. Traffic Signal Standard Detail Sheets (for entire project)
e. Standard Detail Sheets
The work to be performed is further defined below:
1. The Engineer will meet with the City in the field to discuss the electric
service, communications, vehicle detection, and Opticom
requirements at each intersection. All existing and proposed utilities. _
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utilities, pavement widths, lane configurations, and traffic control
devices will be determined based on field observations and the
record drawings provided by the City.
2. The Engineer will perform a capacity analysis indicating level of
service for each movement at each intersection. A capacity analysis
report using the SynchroTm analysis software is preferred; however
other capacity methods are acceptable.
3. The Engineer will recommend the appropriate traffic signal phasing
for each intersection with consideration to the capabilities of current
City controller hardware and software operation functions.
4. The "short report" for each intersection typically prepared and
submitted to the City for review and approval. The City has waived
the report.
Work items not included in this Scope of Services:
1. Confirm power source and prepare adjustment required for electric
service.
2. Analysis (Synchro, PASSER, TRANSYT-7F, etc) for determination of
splits or cycle lengths.
3. Field adjustments to Traffic Signal Timing Plans.
4. Intersection manual turning movement counts or 24-hour intersection
tube counts.
5. Record drawings of as -built conditions, and
6. Construction phase services during signal installation.
Illumination -The Engineer shall provide illumination layout plans, electrical
circuit plans and details for roadway lighting system. These plans shall
include street illumination and safety lighting at all intersections as well as
at all other locations that are required to meet City standards for spacing.
The Engineer shall tabulate all quantities and provide specifications.
Lighting poles, fixtures, and attachment details shall be designed per City's
guidelines. The plans shall include, but not be limited to, the following; pole
heights and types pole locations, circuitry routing and other pertinent
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routing and other pertinent conduit information, junction box type and
locations, electrical panel location and subsidiary panel information, etc.
Any wiring diagrams and labeling protocols required shall be in
conformance with the City's requirements.
j. Geotechnical Investigation/Pavement Design
The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement
Design Standards Manual, 2005.
k. Right-of-Wav Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open -cut construction or relocation of existing alignments
is probable. Temporary and permanent easements will be appropriated
based on available information and recommendations will be made for
approval by the City.
j. Right-of-way/Easement Preparation and Submittal
Preparation and submittal of right-of-way, easements and rights -of -entry will
be in conformance with "Submittal of Information to Real Property Division
for Acquisition of Property".
k. Utility Clearance Phase
The ENGINEER will consult with the City's Transportation and Public
Works Department, Water Department, 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 13 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.
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Landscape and Irrigation Plans
Design Development and Construction Documents for landscape and
irrigation improvements. The limit of work shall encompass the median
area of Beach Street between Bray Birch Street and Keller Hicks
Road.
Preliminary Construction Plan Submittal
Preliminary construction plans and specifications shall be submitted
to CITY 90 days after approval of Part B, Paragraph IV.
ii. The ENGINEER shall deliver two (2) sets of preliminary construction
plans and two (2) specifications to CITY for review. Generally, plan
sheets shall be organized as follows:
Cover Sheet
General Layout and Legend Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
Preliminary Cross Sections
Standard Construction Details
Special Details (If applicable)
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.
Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments for
preliminaI submittal. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
Public Meeting
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3.
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After the preliminary plans have been reviewed and approved by the City,
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 public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers.
p. Storm Water Pollution Prevention Plan (SWPPP)
For projects that disturb an area greater than one (1) acre, ENGINEER will
prepare the Storm Water Pollution Prevention Plan (SWPPP) required for
the project for use by the Contractor during construction. Engineer will
prepare drawings and details for proposed SWPPP improvement that the
Contractor must use during construction. Contractor will be responsible
for filing the SWPPP with appropriate regulatory agencies.
q. Traffic Control Plan
The ENGINEER may utilize standard traffic reroute configurations posted
as "Typicals59 on the City's Buzzsaw website. The typicals need not be
sealed individually if included in the sealed contract documents.
In the event that the "typicals"(as described above) cannot be utilized on
the project, the ENGINEER shall prepare a signed and sealed Traffic
Control Plan for review and approval by
Transportation and Public Works Department .
Final Construction Plan Submittal
the Traffic Division of the
a. Final Construction Documents shall be submitted to CITY 90 days after
approval of Part B, Paragraph 2 (b).
Following CITY approval of the recommended improvements, the ENGINEER
shall prepare final plans and specifications and contract documents to CITY
(each plan sheet shall be stamped, dated, and signed by the ENGINEER
registered in State of Texas) and submit two (2) sets of plans and
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plans and construction contract documents within 15 days of CITY's final
approval. Plan sets shall be used for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted.
c. Furnish as a function of final plans, three (3) copies of the final sections on on 22" x 34" sheets. Information on these sheets will include
centerline station, profile grades and centerline elevations, roadway section
(existing and proposed), right-of-way limits. Scale will be 1" = 20' horizontal
and 1" = 2' vertical with cross sections plotted with stationing from the
bottom of the sheet, and will include laterals and inlets. CITY policy with
regard to parking design shall be maintained. Excavation and embankment
volumes and end area computations shall also be provided.
d. Mylar Submittals
The ENGINEER shall submit a final set of mylar drawings for record storage
as follows:
1. Street and storm drain plans shall be submitted as one set of
plans. Street and storm drain plans shall be separate from
water and sanitary sewer plans. All sheets shall be standard
size (22" x 34") with all project numbers (TPW and
water/sanitary sewer) prominently displayed.
2. For projects where water/sanitary sewer improvements occur
on a TPW Department funded project with no Water funding
involved, a separate set of mylars with cover sheet shall be
submitted for Water Department.
3. Signed plans sets shall also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file. There
shall be one (1) PDF file for the TPW plan set and a separate
PDF file for the Water plan set. Each PDF file shall contain
all associated sheets of the particular plan set. Singular
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CITY SECRETARY
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Singular PDF files for each sheet of a plan set will not be
accepted. PDF files shall conform to naming conventions as
follows:
I. TPW file name example — "W-1956_org47.pdf
where "W-1956" is the assigned file number obtained
from the City of Fort Worth, "_org" designating the
file is of an original plan set, "47" shall be the total
number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-
35667_org36.pdf" where "X-35667" is the assigned
file number obtained from the City of Fort Worth,
"_org" designating the file is of an original plan set,
"36" shall be the total number of sheets in this file.
Example: X-12755_org18.pdf
Both PDF files shall be submitted on one (1) Compact Disk, which will
become property of and remain with the City of Fort Worth. Floppy disks,
zip disks, e-mail flash media will not be accepted.
4. For information on the proper manner to submit PDF files
and to obtain a file number for the project, contact the
Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be
issued to a project unless the appropriate project numbers
and fund codes have been assigned and are in the
Department of Transportation and Public Works database.
PART C -PRE-CONSTRUCTION ASSISTANCE
Administration
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?CITY SECRETARY
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a. Bid Documents
The ENGINEER shall upload all plans and contract documents onto
Buzzsaw for access to potential bidders. Hard copies of documents
will not be made available to potential bidders. Contract documents
shall be uploaded in pdf files and the plans in pdf and dwf files.
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 CITY
by prospective bidders. The ENGINEER shall upload all addenda
to Buzzsaw. The ENGINEER shall attend the scheduled pre -bid
conference.
The ENGINEER shall assist in reviewing the bids for completeness
and accuracy. The ENGINEER shall attend the project bid opening,
develop bid tabulations in hard copy and electronic format and return
four (4) copies of the bid tabulation, along with the contract
documents to the City within three (3) working days after bid
openings.
c. Construction Documents
The ENGINEER will make available for construction, upon request
bI the CITY, up to twenty (2u) sets of the final approved and dated
plans and specifications and contract documents for the projects to
the CITY for distribution to the contractor and City personnel.
d. Assistance During Construction
The ENGINEER shall attend on preconstruction meeting with
residents along with the City's project manager and contractor and
explain the proposed construction as well as attend the pre -
construction conference for the project. The ENGINEER shall also
consult with and advise the CITY on design and/or construction
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changes, if necessary. The ENGINEER shall make three (3) site
visits during construction and provide documentation of the
observations made, as requested by CITY. The ENGINEER shall
attend the "Final" project inspectin and assist City with preparation of
final punch list, as requested by CITY.
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ATTACHMENT "B"
COMPENSATION AND SCHEDULE
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $548,732 for
design services for Beach Street from Keller Hicks Road to Timberland Blvd. This
project is being subdivided into two phases. Phase 1 will be from Keller Hicks
Road to Bray Birch Lane and Phase 2 will be from Bray Birch Lane to Timberland
Drive. The ENGINEER under this contract is authorized to proceed with Phase I
of this project. The total compensation for Phase 1 is $368,235.32 and is
summarized in Exhibit "134' Payment of the total lump sum fee shall be
considered full compensation for the services described in Attachment A, Exhibit
"A-2" for all labor materials, supplies, and equipment necessary to complete the
project.
B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1"
Section 1 -Method of Payment.
Each invoice is to be verified as to its accuracy and compliance with the terms of
this contract by an officer of the ENGINEER.
II. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted within 370
calendar days after the "Notice to Proceed" letter is issued.
A. Conceptual Engineering Plans - 100 calendar days.
B. Preliminary Engineering Plans and Contract Documents - 120 calendar days.
C. Final Engineering Plans and Contract Documents - 120 calendar days.
D. Final Plans and Contract Documents for Bid Advertisement - 30 calendar days.
OFFICIAL RECORD
y1TY SECRETARY
T. WORTH, TX
Rev 02-10-09
B-1
II.
EXHIBIT "6=1"
METHOD OF PAYMENT
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of an
invoice from the ENGINEER outlining the estimated current percent complete of the total
project.
The aggregate of such monthly partial fee payments shall not exceed the following:
Until satisfactory completion of A-2", Conceptual Engineering plan submittal and
approval by the City, a sum not to exceed 30 percent of the total lump sum fee.
Until satisfactory completion of A-2", Preliminary Construction Plan submittal and
approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less
previous payments.
Until satisfactory completion of A-2", Final Construction plan submittal and approval by
the City, a sum not to exceed 90 percent of the total lump sum fee, less previous
payments.
The balance of the earnings, less previous payments, shall be payable after Bid opening
for the Project has been conducted.
Progress Reports
A. The ENGINEER shall submit to the designated representative of the Director of
the Department of Transportation and Public Works monthly progress reports
covering all phases of design in the format required by the City.
B. If ENGINEER determines in the course of making design drawings and
specifications that the opinion of probable construction cost of $3,868,000 (as
estimated in Exhibit 134) will be exceeded, whether by change in the scope of the
project, increased cost or other conditions, the ENGINEER shall immediately
report such fact to the City's Director of the Department of Transportation and
Public Works and, if so instructed by the Director of the Department of
Transportation and Public Works shall suspend all work hereunder.
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,� �FFIC�AL RECORD
l "ITY SECRETARY
FT WORTH, TY
Rev 02-10-09
EXHIBIT "B=2"
HOURLY RATE SCHEDULE
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
2009 Standard Hourly Rate Schedule
Employee Classification Rate/Hour (Range)
Principal Engineer $ 250 /hour
Project Manager /Planner $ 170/ hour
R.P. L.S. $ 114/ hour
R.P.L.S. (Principal) $ 126/ hour
Design Engineer $ 95- $150/ hour
Designer /CAD Operator $ 60- $115/ hour
Survey Technician $ 75/ hour
Clerical $ 45/ hour
3 man Survey Crew $ 150/hour
2 man Survey Crew $ 110/ hour
Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual
invoice cost plus 10%.
OFEIC�,�L aECORD
TY SECRETARY
Rev 02-10-09
EXHIBIT "B-3A"
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
SUMMARY OF TOTAL PROJECT FEES
Consulting Firm
Prime
Responsibility
Amount
Prime Consultant:
TranSystems
Engineering
263,847682
71.7
Proposed M/WBE Sub"
Consultants
Amount
%
Gorrondona and Assoc
Ground Surveys and
Subsurface Utility
Engineering
70,411
1941
ADS
Aerial Surveys
81294
2.3
Thompson Landscape
Architects
Landscape and
Irrigation
14,000
3.8
Arlington Blueline
Printing
31500
1.0
K+K Associates
TDLR Review
21700
0.7
Non-M/WBE
Consultants:
CMJ Engineering
Geotechnical
5,482050
1.5
Protect Description
Beach Street Design
City M/WBE Goal = 27%
Scope of Services
Engineering design
Total Fee
$368,235.32
MWBE Fee Percent
$981905
27%
OFFICIAL RECORD
�ITY SECRETARY
T. WORTH, TX
Rev 02-10-09
B3-1
EXHIBIT "B-3B"
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
PROFESSIONAL SERVICES FEE SUMMARY
Transportation &Public Works: (Construction Cost x ASCE Curve "A" x 85)
Paving &Drainage $3,763,259
T&PW Basic Services Total
Special Services:
Transportation &Public Works:
Topographic Survey
Right -of -Way Survey
Erosion Control Plans & SW3P
Subsurface Utility Engineering
Geotechnical Investigation
Landscape and Irrigation(median only)
Traffic Control Plan
Public Involvement
Printing & Reproduction
TDLR Review Fees
Construction Related Services
Bid Opening and Review
Compile Bid Tabulations
Pre -Construction Meeting
Periodic Site Visits
Final Field Inspection
Administrative (10%) Fee on M/WBE firms
Total Special Services
TOTAL PROJECT FEE
$207,920.07
$207,920.07
$26,199.00
$34,250.00
$5,040.00
$18,256.00
$5,482.50
$14,000400
$26,210200
$4,680.00
$5,894000
$3,500.00
$930.00
$705.00
$780.00
$2,800.00
$1, 500.00
$10,088075
$160, 315.25
$368,235.32
j OFFICIAL RECORD
I ,ITY SECRETARY
'1 ��i ®B ORTHe ^X.
Rev 02-10-09
A.
L�
EXHIBIT 1113-313"
(Supplement to Attachment B)
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE)
SUMMARY OF TOTAL FEE
Service Description
Water
Sewer
Paving
Total
Engineering Services
0$
0$
$207,920007
$207,920007
Special Services
0$
$99,866025
$99,866.25
Surveying Services
0$
±0$$60,449500
$60,449000
Total
0$
0$
$368,235.32
$3689235.32
NG F
SU
1. Total Water Fee (less survey fee) Breakdown by Concept Preliminary and Final Design
a. Concept (30%) _ (Total Water Fee —Water Survey Fee) x (0.3) _ $ 0.00
b. Preliminary (60%) _ (Total Water Fee — Water Survey Fee) x (0.6) _ $0.00
c. Final (10%) _(Total Water Fee — Water Survey Fee) x (0.1) _ $ 0.00
2. Total Sewer Fee (less survey fee) Breakdown by Concept Preliminary and Final
a. Concept (3001.) _ (Total Sewer Fee —Sewer Survey
b. PreliminarySewer Fee —Sewer Survey Fee) x (0.6) _ $0.00
c. Final (10%) _(Total Sewer Fee — Sewer Survey Fee) x (0.1) _ $ 0.00
3. Total Pavinq & Drainage Fee (less survey fee) Breakdown by Concept Preliminary ar
Final Design
a. Concept (30%) _ (Total Paving Fee —Paving Survey Fee) x (0.3) _$ 92,335.90
b. Preliminary (60%) _ (Total Paving Fee —Paving Survey Fee) x (0.6)=$1841671.79
c. Final (10%) _(Total Paving Fee — Paving Survey Fee) x (0.1) _$ 30,778.63
Rev 02-10-09
EXHIBIT "11-3C"
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
FEES FOR SURVEYING SERVICES
Surveying Services:
Paving:
From Keller Hicks to Timberland
Topographic Surveys: ground
Topographic Surveys: aerial
Right of Way mapping and parcel maps
T&PW Total for Surveying Services:
$17,905
$ 8, 294
34 250
$60,449
OFFICIAL RECpRD
:STY SECRETARY
i 5T FORTH, TY
Rev 02-10-09
B3-4
EXHIBIT "13-4"
OPINION OF PROBABLE CONSTRUCTION COSTS
(Supplement to Attachment B)
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
FEE FOR REPRODUCTION SERVICES
Printing &Reproduction:
Transportation &Public Works and Water Department;
Conceptual Design Report:
4 sets of Report $.10 /pg. X 24 pages/report x 4 $ 9.60
Preliminary &Utility Clearance:
4 sets of Const. Plans $1/sht. x 60sht./plan x 14 $ 840.00
2 sets pf Specifications $.10/sht. x 280 pg/specs x 2 $ 56.00
Final Plans:
4 sets of Const. Plans $1/ sheet x 80 sht./plan x 4 $ 320.00
4 sets of Specifications $.10/ sheet x 280 Pg/Spec x 4 $ 112.00
Const Documents:
22 Sets of Const. Plans
12 sets of Specifications
$1/sheet x 80 Sht./Plan x 22
$.10/0heet x 280pg/spec x 12
Mounted Exhibits for Public Meeting
1 Drawings
$1500/Board x 1 each
Final Mylars for Record Purposes
1 Set of Plans $12/Sht x 80Sht./Plan x 1
Printing &Reproduction Subtotal
Transportation &Public Works
$ 1, 760.00
$ 336.00
$ 1500.00
$ 960.00
$ 5,893.60
$ 5,893.60
OFFICIAL `REC4Rd
CITY �CCRETAR�
T. 'WORTH, TY I
Rev 02-10-09
Exhibit "0-5"
OPINION OF PROBABLE COST SUMMARY
City of Fort Worth
Beach Street (Keller Hicks - Bray Birch)
City Project No. 01291
by
TranSysterns
6/23/2009
PAY UNIT
ITEM QTY UNIT ITEM DESCRIPTION PRICE AMOUNT
1
1
LS
MOBILIZATION (5%)
$
160,000.00
$
160,000.00
2
12,040
LF
CONCRETE CURB
$
3.00
$
36,120.00
3
36,120
CY
EXCAVATION ( including asphalt removal and ROW preparation)
$
12,00
$
433,440.00
4
332
TON
LIME (32LBS/SY)
$
125,00
$
41,500,00
5
20,739
SY
LIME TREAT SUBGR (6')
$
2.75
$
57,032,25
6
19,384
SY
CONC PAVEMENT(11.50)
$
55,00
$
1,066,120.00
7
2,500
SY
3-MEDIAN OPENING AND DUAL LEFTS (including stabilization)
$
60.00
$
150,000,00
8
12,000
LF
CLEAN 8 SEAL OF JOINTS
$
1.50
$
18,000.00
9
11800
SY
INTERSECTING PUBLIC STREET RECONSTRUCTION
$
55.00
$
99,000,00
10
21000
SY
ASPHALT TRANSITION PAVING
$
35,00
$
70,000.00
11
1
LS
BARRICADES, SIGN AND TRAF HANDLE (TRAFFIC CONTROL)
S
30,000.00
$
30,000.00
12
30,100
SF
CONCRETE SIDEWALK
$
4,00
$
120,400.00
13
12
EA
CONCRTE DRIVEWAYS
$
2,500.00
$
30,000.00
14
11900
LF
CONCRETE RETAINING WALL
$
50,00
$
95,000.00
15
1
EA
TRAFFIC SIGNALS
$
150,000,00
$
150,000,00
16
10
EA
STREET LIGHTING
$
10,000,00
$
100,000.00
17
11800
LF
STORM DRAINAGE (TRUNK)
$
100.00
$
180,000.00
18
11100
LF
STORM DRAINAGE (LATERALS)
$
60,00
$
66,000.00
19
20800
CY
TRENCH EXCAVATION AND BACKFILL
$
2.00
$
5,600.00
20
21900
LF
TRENCH SAFETY
$
1,00
$
2,900.00
21
22
EA
INLETS
$
41500,00
$
99,000.00
22
4
EA
HEADWALL
$
11500,00
$
6,000.00
23
5
EA
JUNCTION BOXES
$
4,000.00
$
20,000.00
24
150
LF
MULTIPLE BOX CULVERT
$
550.00
$
82,500,00
25
2
EA
HEADWALLS
$
10,000,00
$
20,000.00
26
600
LF
REMOVE EXISTING CULVERTS
$
10.00
$
6,000.00
27
1
LS
SWPPP
$
55,000.00
$
55,000.00
28
17,458
SY
SEEDING/MULCH
$
0,75
$
13*093,50
29
17,458
SY
TOP SOIL
$
0.75
$
13,093,50
30
12
EA
CURB RAMP AND LANDING
$
1,000.00
$
12,000.00
31
6
EA
ADJUST SANITARY SEWER MANHOLE
$
700.00
$
41200,00
32
4
EA
ADJUST WATER LINE VALVE
$
31000,00
$
12,000.00
33
12
EA
RELOCATE WATER METER BOXES AND SERVICE
$
700.00
$
81400,00
34
1
LS
MISC UTILITY RELOCATIONS
$
10,000.00
$
10,000,00
SUB -TOTAL
$
3,272,399.25
15% CONTINGENCY
S
490,859.89
TOTAL
$
3,763,259.14
3 EA LANDSCAPING (3 median openings)
$
20,000.00
$
60,000.00
1 LS IRRIGATION (median)
$
20,000.00
$
20,000.00
1 LS IRRIGATION (parkways)
$
30,000.00
S
25,000.00
TOTAL
$
105,000.00
Since ENGINEER free ro mnad wer the mst of WDor, matarals, egwpment or semces furnished by others, or wer the Cantractar(s)
methods o! dalarmming paces, or over mmpetsrve bdding or market cordRgns, ENGINEEft's op,ngns d probable Taal project Cosh and
ConsWctgn Cost proMed for herein era made on Ne bassi d ENGINEER'S eapanence and qua1R lions and regesent ENGINEERS beat
udgment as an espenenced and qualdied professional eng�heer, famhar with the construction industry; but ENGINEER cannot anddoes not
guarantee that proposals, bds or actual Total Project or Constr xbon Costs wl not vary from opmons of probable cost prepared try
ENGINEER. d prior to the adding or Negobahng Phase OWNER wrshas greater assurance to the Construdgn Cost he shall employ an
independent cost estimator.
GRAND TOTAL f 3,888,259.14
®FFICIAL RECOR[�
CITY SECRETARI�
FT. WORTH, 7-J
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND
ATTACHMENT A
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. TPW-2008-000166
Article IV.K.(2)(i):
Endorsements are noted on the Certificate of Insurance provided to the
City for this project.
Article IV.K.(2) (I):
Business automobile insurance is written on an accident basis.
�+ ��FICi�aL REC�R�
NTY SECRETARY
` T. WORTH. TX
Rev 02-10-09
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ATTACHMENT "E'+
LOCATION MAP
Design Services for
North Beach Street (Keller -Hicks to Bray Birch)
City Project No. 01291
�n
North
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Council District 2
MAPSCO 22B, F & K
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i
i"NT ( SECRETARY
FT. WORTH, tx
Rev 02-10-09
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 5/26/2009
Official site of the City of Fort Worth, Texas
FORT WORTH
_�'�_
CONTINUED FROM A PREVIOUS WEEK
DATE: 5/5/2009 REFERENCE C-23498 LOG NAME: 20BEACH_TIMBER TO
NO.: KH
CODE: C TYPE: CONSENT HEAR NG: NO
SUBJECT: Authorize an Engineering Services Agreement with TranSystems Corporation Consultants
in the Amount of $549,732.00 for the Design of North Beach Street from Timberland
Boulevard to Keller Hicks Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Engineering
Services Agreement in the amount of $549,732.00 with TranSystems Corporation Consultants for the
design of North Beach Street from Timberland Boulevard to Keller Hicks Road.
DISCUSSION:
The 2008 Capital Improvement Program included funds for reconstruction of arterial street projects,
including North Beach Street from Keller Hicks Road to just north of Timberland Boulevard.
The scope of this Engineering Services Agreement includes paving and storm drain improvements on
North Beach Street as a new four -lane divided arterial roadway from Timberland Boulevard to Keller
Hicks Road. In addition, new traffic signals will be installed at Timberland Boulevard and Keller Hicks
Road.
TranSystems Corporation Consultants has proposed to complete the final design plans and
specifications for a lump sum fee of $549,732.00. City staff considers this fee to be fair and
reasonable for the scope of services to be performed.
TranSystems Corporation Consultants is in compliance with the City's M/WBE Ordinance by
committing to 25 percent MWBE participation. The City's goal on this project is 26 percent.
This project is located in COUNCIL DISTRICT 2, Mapsco 22B, 22F and 22K.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvements 2008 Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
FROM Fund/Account/Centers
C204 531200 202230129130
Fernando Costa (8476)
William Verkest (7801)
$549,732.00
Additional Information Contact:
Mike Weiss (8485)
file://C:\Documents and Settings\weissm\My Documents\N. Beach St\Timberland to Keller-Hicks\C-2349... 7/27/2009
M�4iC Review
Page 2 of 2
ATTACHMENTS
20BEACH TIMBERTOKH.pdf
file://C:\Documents and Settings\weissm\My Documents\N. Beach St\Timberland to Keller-Hicks\C-2349... 7/27/2009
MAYOR AND COUNCIL COMMUNICATION MAP
1 B
() Project No. 01291
DETAIL OF PROJECT LOCATION