HomeMy WebLinkAboutContract 28288� � �
. � , � t , � �:��Y �����°���
�o���A�� �, e _ ag���
� � � � � � � � � � � � � � , � � � � � - _ �.
S�►4i��/��� A�R��14�EiVi FOFi �N�iN��RIN(� SI�RVIG�S
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Turner, Coflie &
Braden, Inc. {the "ENGINEER°'), far a PROJECT generalfy �escribed as tf�e �ancaster Avenue
Wes#bound Lane Realignment from Main Street to Jennings Avenue.
,Ar�i�l� I
Scope ofi Ser�rices
A. The 5cope of Se�-vices is set forth in Attachment A.
Ar�icle II
�ompensatian
A. The ENGINEER's compe�sation is set forth in Atkachment B.
�►r�ticl� Ill
ie�ms o� F�ayment
Payrrtents ta t�e ENGINEER will h� made as follows:
�. lnvoice and Payment
(�) The ENGINEER shal! provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for ali work performed
underthis AGREEMENT. In�oices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment af
any balance will b� due w�thin 30 days of receipt of the fi�al invoice.
(4} In if�e event af a disputed or cantested billing, onEy that portion so
contested will be withF�eld from payment, and the undisputed portion wi11
be paid. The CITY will exercise reasanableness in contesting any bill or
portion thereof. No interest will accrue on any contested port�on of the
billing until mut�aally resalved.
(5) If the CITY fails to make payment in full to the ENGINEER for billings
contested in good faith within 80 days of the amount due, the �NGINEER
may, after giving seven (7) days' writt�n notice to CITY, suspend services
under #his AGREEMENT untiE paid in full, including interest. In the evenk
of suspension af services, the ENGINEER shafl have na liability to CITY
for de�ays or damages caused the CITY because of such suspension af
services.
��
�� � 1�. _ ' ' 'i '
I i• , a'� i
-�-
��:���' �C���'�
�' ���r�'�I �"�P
Article N
abligafiions afi the �NGI�f��Ft
Amendments to Article IV, if any, are included in Attachme�t C.
A. �ene�al
The ENGINE�R will serve as the CITY's professianal enginesring representati�e
under this Agreement, pro�id�ng prafessional engineering cansuEtatian and
advice and furnishi�g customary services incidental thereto.
B. Siandard of Gare
Th� standard of care a�plicable to the ENGINEER's services wi�[ be the degree
o€ skil! and diligence normally employed in the State of Texas by praf�ssional
engineers or consultants performing the same or similar ser�ices at the t�me such
services are perFormed. All design plans shall be pre�ared by, or under the
direct supervisian af, a Texas licensed professional engineer wh❑ is regular full-
time employee of the consultant company.
C. Subsurface In�estigaiians
(1} The ENGINEER shail advise the CITY with regard to the necessity #or
subcontract work such as special surveys, tests, test borings, or other
s�bsurface investigations in connection with c�esign and engineering work
to be perFormed hereunder. The �NGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigat9ons
shakl be furnisfi�ed by the CITY, unless otherwise specified in Attachment
A.
(2) In soils, foundation, grour�ciwater, and ather subsurface investigatians, the
actual characteristics may vary signi�cantly between successive test
poin#s and sample int�ruals and at lacations other ti�an where
observations, explaration, and inwestigations have beer� macle. Because
of the inherent uncertainties in su�surface evaluations, changed or
unaniicipated und�rground conditions may occur that cauld affect the
total PROJECT cost andlor execution. These conditians and
costlexecutian effects are not the respansibility of the ENGINEER.
9. Prepar�ati�n of Fngineer�ing 9ravwings
The �NGIN�ER will pro�ide to ihe CITY the original drawings af all plans in ink
on repro�ueible plastic film sheets, or as atherwise approved by CITY, which
shall become the properky a� the CITY. CITY may use such drawings in ar�y
manner it desires; pravided, however, that the ENGINEER shall not be liable for
the use af such drawings for any proj�ct other thart the PR�JEGT described
herein.
_2_
�, L�nginee�ing Personnel at Gonst�ucfiion Site
(1) The p�-esenc� or duties of the ENGINEER's personnel at a canstruction
site, whefher as on-s�te representatives or atherwise, da �at make t�e
ENGIN��R or its personnel in any way respansible for those duties that
belong to the CITY andlor the CiTY's construction con#ractors or other
enfities, and do not relieve the construction contractors ar any other entity
of fheir obfigatians, duties, and responsibilities, including, hut not limited
to, all construction methads, means, techniques, �equences, and
pracedures necessary for coordinating and completing all portions of the
construc�ion work in acc�rdance with the Contract Documents and any
health or safety precautions required by such construction work. Tfi��
ENGiNEER ar�d its personnel have no authority to exercise any cantrol
over any construction contrac#or or othe�- entity or iheir employees in
connectian with their work or ar�y health or safety pr�eautions.
(2) Except to the extent o# specific site visits expressly detailed and set forth
in Attachment A, the ENGINEER or its personnel shall have na obliga#ion
or respansibility ta visit the canstruction site to became familiar with the
progress or quality of the campleted work o� the PROJECT or to
determine, in general, ifi the wo�k on the PROJECT is �eing perFormed in
a manner indicating tha# the PROJEGT, when completed, will be in
accordance with the Contract Documents, nor shail ar�ything in the
Contract Documents or the agreement betvueen CITY and ENGINEER be
construed as requiring ENGINEER to make exhaustive ar continuaus o�-
site inspections to discover latent defec#s in the wark or otherwise check
the quality or quantity of the work an the PROJECT. If, far any reason,
the ENGINEER should make an nn-site observatio�(s), on the basis of
such an-site observatians, if any, th� ENGINEER shall endeavor to k��p
the CITY informed of any de�iation from the Ca�tract Documents coming
to the actual notice a� ENGINEER regarding the PROJECT.
(3) Wh�n prafessior�al ceriification or �erformance or charac#eristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Sco�e of Services, the ENGINEER shall be
entitled to rely upon such certification �o establish materials, systems ar
equipment and pe�Formance cri#eria to be required in the Ca�tract
Documents.
F. �prnians o� Probable Cost, Financial �onsiderafiions, and Sch�dules
(1) The ENGINEER shal! pravide opinions of probable costs based on the
current available informat�on at the time af preparation, in accordanc�
with Attachment A.
{2) In providing opinions af cost, fir�ancial anaiyses, ecannmic feasibifity
projections, and schedules for the PROJECT, the �NGiNEER has no
control aver cost or price of labar and materials; unknawn or iatent
canditions of existing equipmer�t or str�ctures that may affect operation or
maintenar�ce costs; competiti�e bidding procedures and ma�ket
conditions; time or quafify or performance by third parties; qualify, type
-3-
management, or directiofl of operating personnel; and other economic
and op�rationa! factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty #hat th�
C1TY's actuak PROJECT costs, financial aspects, economic feasibility, or
sch�dules wiVl not vary from the ENGINEER's opir�ions, analyses,
projections, or estimates.
G, Const�uction I�ragress F�aymen�s
Recommendations by the ENGINEER to the CITY far periodic construction
progress payments ta the construction contrac�or will be laased on the
ENGINEER's knowledge, information, an� belief fr�m selecti�e sampling and
observa#ion that the work has pragressed to the paint indicated. 5uch
recommendations do nat represer�t that continuous or detailed examinatians
have been made by the ENGINEER to ascertain that the constructian contractor
has completed the work in exact accardance with the Contract Documents; ihat
the final work will i�e acceptabfe in all respects; that the �NGIN�ER has made an
examination to ascertain how or for wt�at purpose the construction cantractor has
used the moneys paid; that title to any of the work, materials, ar equipment has
passed to the C�TY free and elear of liens, claims, securiiy interests, or
encumbrances; or that there are not other matters at issue between the CfTY
ar�d the construction contractor that aff�ct the amount thai shoufc! be paid.
b. Ftecor�d C�rawings
Record drawings, if required, will be prepar�d, in part, on the basis of information
campiled and #urnished by others, and may not always represent the exact
lacation, type af �arious camponents, or exact manner in which the PROJECT
was finally construcfed. The ENGINEER is not responsible for any errors or
omis5ions in the information from others that is incorporated inta the r�cord
drawings.
l. R�Rnori�yy and I,fi,�oman �usiness �nterprise (fV�lllldidd��) Par•ticipaf�ion
In accord with the City of Fort Worth Ordinance No. 11923, as amended by
Ordinance 13471, the C1TY has goals for the participation of minority business
enterprises and woman business enterprises in CITY contracts. ENGINEER
acknowl�dges the MIWBE goal establish�d for this contract and its cammitmenk
to meet that goa1. Any misrepreserrtation of facts (other tY�an a negligent
misrepresentatian} andlor the commissian of fraud by th� ENGINEER may resu�t
in the termination of this agreement and d��arment from par�icipating �n CITY
can#racts for a period af time of not less than three (3) years.
J. Right to AudiY
(1} ENGINEER agrees that the C1TY shall, until the expiration of three (3}
years after finaf payment under this contract, have access t� and #he righi
to examine and photocopy any directly pertir�ent books, d�cuments,
papers and records of the ENGINEER invol�ing transactions relating to
this co�tract. �NGINEER agrees that the CITY shall have access during
normal worl�ing haurs to all necessary ENGINEER facilities and shalf be
-4-
,
� t
provided ade�uate and appropria#e workspace in arder to cond�act audits
in compliance with the provisior�s a# this sectian. The CiTY shall give
ENGINEER reasonable advance natice of intended audits.
K,
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision ta fhe effect that the subconsultant agrees that the
CITY shalf, until the expiraiion af three (3} years afte� final payment under
the subcontract, have access ta and the right to examine and photocopy
any directly pertinent books, documents, �apers and records of such
subconsultant, involving transactions to t�e subcontract, and further, that
the CITY shall have access durir�g narmal working hours to all n�cessary
subconsultant faciiities, and shali be provided adequate and appropriate
work space, in order to conduct audits in compliance wEth the pravisions
of this articie together with subsection (3} hereof. C{TY shal! gi�e
subconsultant reasonable advance notic� of ir�tended audits.
(3) ENGINEER and subconsultant agree to photacapy such documer�ts as
may be requested by #he CITY. The GITY agrees ta reimburse
ENGINEER for the cost of copies at ti�e rate pu�fished in the Texas
Administrati�e Code in effect as of the time copying is perfarmed.
�AdGr��Fc�'S Insur�ance
(1) Insuranc� caverage and limits:
ENGlNEER shall pravide to the CITY certificate(s)
policies of the following eoverage at minimum limits,
prior to commencement of wark fln the PRQJECT:
Comm�rcial General Liability
$1,400,a00 each occurrene�
$1,004,000 aggregate
of insurance documeniing
which are ta be ir� effec#
Automabif� Liability
$1,p00,000 each accident (or reasonably aquivaient limits af coverage if written
an a split limits basis). Cove�age shall be on any vehicl� used in the course of
the PR�JECT.
Worker's Com�ensatian
Coverage A: statutary limits
Caverage B: $1 Q0,000 each accident
$5�0,000 disease — �olicy fimit
$100,OOD disease — each employee
Professional Liability
$1,OOQ,000 each claimlannual aggregate
(2} Certificates af insurance evidencing that the ENGINEER �as abtained all
required insurance shali be delivered to the CITY priar to ENGINEER
proceeding with the PRO,]ECT.
_5_
(a) Applicable policies shall be enfarced to name the CiTY an
Additianal insured thereon, as its interests may appear. The term
CITY shall include its emplayees, offiic�rs, officials, agents, and
volunteers as respecks the contracted services.
(b) Certifcate(s} of insurance shall document that insurance
coverages specified according to Section K. (1) anc� K. (2) af �his
AGREEMENT are pro�ided under applicable policies docurnented
t�ereon.
(c) Any failure on
docUmentation
requirements.
part of the CITY ta request required insurance
shall not constitute a waiver af the insurance
(d) A minimum of thirty (30) days notice af cancellation, non-renewal
or materiai change in caverage shall be provided to the CITY. A
ten (10) days natice shall be acceptable in the evenf af non-
payment of premium. Such te�ms shatl be endorsed onto
ENGINEER's lr�surance policies. Notice sha11 be sent ko the
resp�ctive Department Director (by name), City of F'ork Wor�h,
1000 Throckmorton, Fart Worth, Texas 76102.
(e) Insurers for a{I policies must be authorized ta do business in the
State of Texas or be otherwise approved by the CiTY; and, such
insurers shall be accEpkable to the CITY in terms of iheir financial
strength and solvency.
(fl Deductibie limits, ar self insured retentions, affecti�g insurance
required herein may be acceptable ta the CITY at iis sole
discretion; and, in Neu of traditianal insurance, any alternative
coverage maintained through insurance pools or risk retention
groups must be also appraved. Dedicated financia� resot�rces or
letters af credit may also be acceptable to the CITY.
(g) Applicabfe policies sha11 each be endarsed with a Waiver of
subrogation in favor of the CITY as respects the PRO.lECT.
(h) The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's jnsurance policies it�cluding
endorsements thereta and, at #he CITY's discretion, the
ENGINEER may be required to provide proof of insurance
premium payments.
(i) The Commerciai General Liability insurance policy sha11 have no
exclusions by endorsements unless such are approved by th�
CITY.
{j) The Professional Liabifity insurance policy, if writte� on a claims
made basis shall be maintained by the ENGINEER for a minimum
twa (2} year period subsequent to the te�+�n of the respective
-6-
PROJECT cantract with the CiTY unless such coverage is
pro�ided the ENGINEER on an occurrence basis.
(I�} The C1TY shall not be respansible fior the direct payment ofi any
insurance premiums required by this agreement. It is �nderstood
that insurance cost i� an allowable companent of ENGINEER's
over�ead.
(I) All insurance required in Seetion K., except fo� th� Professional
Liability insurance pofcy, shall be written an an accurrence bas�s
in order ta be approved by the CITY.
(m) Subconsultants to the �NGINEER shal! E�e required by the
ENGINEER to mai�tain the same ar reasonably equivalent
insurance cov�rage as r�quired for the ENGIN�ER. When
insurance coverage is maintained by subconsultants, ENGlNEER
shall pro�ide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canc��eci or terminated, suel� cancelEation or terminatio� shall not
constitute a breach by �NGINEER af the Agreement.
�. Independeni Consul�Cant
The �NGCNEER agrees ta pertorm all services as ar� independent cansultant and
not as a suaeantractor, agent, ar employ�e of the CI7Y.
14dY. �isclosure
The ENGINEER acknowledg�s to the CITY that it has made full disclosure in
writing of any existing confiicts of ir�terest ar pot�r�tial conflicts o# interest,
including persanal financial inte�est, direct or indirect, in property ab�tting the
proposed PROJ�CT and business relationships with abutting property owners.
The ENGINEER further acknaw{edges fhat it wifl make disclasure in writing af
any canflicts of interest, which de�elop su�sequent to the signing of this contract
and pr�ar to �nat payment under the contract.
iV. r4shestos or F�a�ardous Substances
(9) If asbestos or hazarcfaus substances in any �'orm are encountered or
suspected, the ENGINE�R wifl stop its own work in the affected portions
of the PROJECT to permit testing and evaluatior�.
{2} If �5I]BSt�S flr othe� hazardous substances are susp�cted, the
ENGINEER wilf, if reques�ed, assist the CITY in obtaining the services of
a qualified sUbcontrackor to manage the remediation aetivities of the
PR�JECT.
-7-
Q. �eerniiting �u�horities — Design Changes
If pe�mitting authorities require design changes so as to comply with published
�esign eriteria andlor c�rrent e�gin�aring practice standards which the
ENGIN�ER should hav� been aware of at the time ihis Agreement was
execute�I, the
ENGINEER shall revise plans and specifications, as rec{uired, at its own cost and
expense. Howe�er, if design changes are r�quired due to the changes in the
permitting authorities` published design criteria andlor practice standards criteria
which are pubE�shed after the date of this Agreement which the ENGINEER could
not �ave been reasona�le aware of, the ENGINEER shali notify the C1TY af such
cha�ges and an adjustment in compensation wilE be made thro�gh an
amendm�nt to this AGREEMENT.
A�fiicfe V
�bliga�ions of �he �i4y
Amendments t� Article V, i# any, are included in Attachment C.
�, Ci�yn�urnished �ata
The CITY wili make available to the ENGINEER all #echnical data in the CITY's
possession refating to the ENGiNEER's services on the PROJECT. The
ENGINEER may r�ly upon the accuracy, timeliness, and completeness of the
informatian pro�ided by the C{TY.
�. Access �o �aciliiies and �r�ope��ty
The C1TY will make its facikities accessible ta the ENGIIVEER as requiret� for the
ENGINEER's performance of its services and will provide labor a�d safety
eguipment as required by ihe �NGINEER far such access. The CITY will
perfarm, at no cost ta the ENGINEER, such tests of equipment, �achinery,
pipelines, and other components of the CiTY's facilities as may be required in
connectior� wit� the ENGINEER`s services. The CITY wili be responsible far all
acts af the CITY's personnel.
C. �dverrti�ements, �e�mits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; pe�mits and lic�nses required by
local, state, or #ederal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D, �imely �eview
The CITY will examine the ENGINEER's studies, reports, sk�tches, drawin�gs,
specifications, proposals, and other documents; abtain advice of an attorney,
-s-
,
insurance counselor, accounian#, auditor, bond and financial ad�isors, and ather
consultants as the CITY d�ems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project sehedu4e
in Attachment D.
�. �pompi �o4ice
The CITY wi11 give prompt notice to the ENGlNEER whenever CITY abserves or
becomes aware o� any develo�ment that affects the scope ar timing o� th�
ENGINEER's services ar of any defect in the wark of the ENGINEER or
construction contrac#ors,
�. Asbestos or ka�a�dous Sui�st�nces and Indemni�ica�ian
(1) To the maximum extent permitted by law, the CITY will indemnify and
release �NGINEER and its officers, empEayees, and subcontractors from
all claims, damages, losses, and C05�5, inc��ding, but not limited to,
attorney's fees and lif�gatian expenses arE�ing aut of or relating to the
presence, discharge, rel�ase, or escape oi hazardous substances,
contaminants, or asl�estos on or from the PROJECT. Nothing cantained
herein shalf be construed to require the CITY to le�y, assess or ca[lect
any tax to fund this indemnification.
(2) The inciernnification ar�d release required above shall not apply in the
ever�t the discharge, reiease or escape of hazardous substances,
contaminants, Oi" �5b25�OS IS a result of ENGINEER's negligence or if
such hazardous substance, c��taminant or asbestos is brought onto tne
PRO,lECT by ENGiNEER. .
�. Gonfrac�o� Indemnifica4ion and Glaims
The CITY agrees to includ� in all co�struction contracts the provisions af Artic{e
IV.E. regarding ihe ENGINEER's Personnel at Construction Site, and pravisions
providing contractor ind�mnification of tF�e CITY and the ENGINEER for
contractor"s negligence.
H. Coniracfor �laims and �'hird�Pa�ty �enegiciaries
(1) The CITY agrees ta include the following clause in ali contracts with
construction contractors and equipment flr materiafs suppliers:
"Gontractors, subcontrac#ors and equipment and materiais suppliers an
the PROJECT, or their sureties, shall main#ain na direct action agair�st the
ENGINEER, its officers, employees, and subcontractars, for any claim
arising aut of, in connection with, or resulting fram the engineering
services performed. Oniy the CITY will be the ben�ficiary of any
undertaking by the ENGlNEER."
{2) This AGREEMENT gives �o right or benefits ta anynne other than the
CITY and the ENGINEER and there ar� no third-party beneficiaries.
-9-
(3) The CITY will inclucle in each agreement it enters inta with any otY�er
entity or person regarding the PROJECT a provision that such er�tity or
person shall have no third-party beneficiary rights under this
AGREEMENT.
(4) Noti�ir�g cantained in this section V.H. shall be construed as a waiver of
any right the ClTY h�s to bring a claim against ENGINEER.
1. �IiY's insu�ance
{1) The CI�Y may maintain property insurance an cer#ain pre-existing
struc#ures associaked with the PROJECT.
(2} The CITY will ensure tha# Builders Risk/lnsfallation instarance is
maintained a# tF�e replacem�nt cost value of the PROJECT. The C1TY
may provide ENGINEER a capy of the palicy or documentation of such on
a certificate of insurance.
(3) The CITY will spec�fiy that the Builders Riskllnstallation insurance shall be
comprehensive in coverage appropriate to the Pa�JECT risks.
J. �itigafiion �ssistance
The Scope of Services does not include costs of the ENGiNEER for r�quired or
requested assistance ta supp�rt, prepare, ciocument, bring, defe�d, ar assist in
litigatian undertaken or defe�dec� by the CITY. lra th� event CITY requests such
senrices of the ENGIN�ER, this AGREEMENT st�aR be amendec� or a separate
agreement ►+vill be negotia#ed be#ween the parties.
i4. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. lf such Ci1�Cl�E?5 affect ihe ENGINEER's cost of or time
required for pertormance of the sen�ices, an equitable adjustment wifl be made
thraugh an amendment to this AGREEMENT with apgropriate CITY appraval.
/9►rficle V{
Gene�al �egaf �'rovisions
Amendments to Article VI, if any, are included in Attachment C.
�4. Authopi�afiion fio Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upan receipt
of a written Notice to Proce�d from the C1TY.
�. �euse o�' P�ojecfi Documenfis
All designs, drawings, speci�ca#ions, documents, an� other work products vf the
ENGINEER, whether ir� hard copy or in electranic fnrm, are insirum�nts o'f
-10-
se�vice for this PRO.IECT, whether the PROJECT is complet�d or no#. Reuse,
change, or alterat�an b�r the C1TY or by others acting through or on behalf of the
CITY o# any such instruments af service without the wriiten permission of the
ENGIN�ER will he at the CITY's s�le risk. The final des�gns, drawings,
specifications and documents shall be owned by tne CITY.
�. �orce N�ajeure
The ENGINE�R is not res�onsible for damages ar delay in perFormance caused
by acts ofi God, s#rikes, lockouts, accEdents, or other events beyond the control of
t�� ENGINEER
�. Te�minatian
(9) This AGREEMENT may be terminatec� only by the City for convenience
on 30 days' writfen notice. This AGREEMENT may be termir�ated by
either the CITY ar the ENGIf�EER for cause if �ither par�y fails
substantially ta perfarm through na fault of #he other and t�aes not
cammence carrectian of such nonperFormance within five (5) days of
wriit�n notice and di�igently complete the correction thereafter.
(2) If this aGREEMENT is terminated for the canvenience of the CITY, th�
ENGINEER will be paid for termination expenses as folEows:
(a} Cast of reproduction of partiaf or complete studies, plans,
specificakions ar ather farms of ENGINEER's work product;
(b) Out-of-poc�Cet expenses far purchasing st�rage containers,
microfilm, electranic data files, and other data storage supplies or
services,
(c) T�e time r�quirements for the ENGINEER's personnel to
doc�ment the work underway at the time the CITY's termination
far cor�venience so that the work effor# is suiiable for Io�g iime
storage.
�3) Prior to proceeding with terminatior� �ervices, thE ENGINEER will submit
to the CITY an itemized statement of all termination expenses. Th�
CITY's appra�al will be o}�taineti in writing prior to proceeding with
termination services.
�, 5uspension, Delay, or [nfiepru�atiQn to VVork
The CITY may suspend, delay, or iRterr�apt the services af the ENGINEER for the
conve�ience of the CfTY. In the event of such suspension, delay, ar interruption,
an equitable adjustment in the PR�JECT's schedule, commitment and cast af
the ENGINEER's persannel and subcontractors, and ENGINEER's
compensation wili be made.
-il-
�. Indemnification
(1) The ENGINE�R agrees to indemnify and defend the CITY from any loss,
cast, or �xpense claimed by third parties for prap�rty damage and bodily
injury, incEuding death, caused solely by the n�gligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcantractars in connection wifh the PROJECT.
(2) If the negligence or willful miscanduc# of both the ENGINEER and the
CITY (or a person identified above for wham each is liable) is a cause af
such damage or injury, the loss, cost, or expense shall be s�ared
hetween the ENGINE�R and the CITY in propartion to t�eir relati�e
degrees af negligenca or willfuf misconduct as determined pursuant to
T.C.P. & R. Cade, section 33.011(4j (Vernon S�pplement 1996).
�. Assignmeng
Neither party will assign all nr any part af this AGREEMENT without the prior
written consent of the other parky.
H. lrofierp�eiafion
Limitations on liability ar►d indemnities in this AGREEMENT are business
unders#andings between the parties ancf shall apply tv all the different thearies of
recovery, including breach of contract or warranty, tort including neglige�ce, strict
or statutory fiability, or at�y ot�er cause of action, except for willful misconduct or
gross negligence for limita#ions of liability and sole negligence for inc�emnification.
Par�ies mea�s the C4TY and the ENGiNEER, and their officers, employees,
ag�nts, a�d subcontractars.
I. Jurisdiction
The law af t�e State af Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The �enue far
any litigation related to this AGR�EMENT shall b� Ta�rant County, Texas.
J. Alfernate �ispufie �esolufion
�1) All claims, disputes, and ather matters in question between the CITY and
ENGINEER arising out of, or in connectian with k�is AGRE�MENT or the
PROJEGT, or any breach of any obligation or duty af CITY or ENGINEER
hereund�r, will be submittec4 to mediation. !f inediatiort is unsuccessful,
the claim, dispute or other matter in questions shall be su�mitted to
arbitration if both parties acting reasonably agree that the amounk of the
dispute is likely to be iess than $50,Q00, exclusi�e af attorn�y's fBES,
costs and expenses. Arbitration shal[ be in accordance with the
Construction ]ndustry Arbitration Rules o� the Arnerican Arbitration
Association or other a�plicable rules of the Association then in efFect.
Any award rendered by the ar�itrators less than $50,000, exclusive of
a�torney's fees, costs and expenses, wll be final, judgement may be
entered thereon in a�y court having jurisdict9an, and will not be subject to
-�2-
appeal or madification except to th� �xtent permitted by Sections 10 and
1� of the Federal Arbitratian Act �9 U.S.C. Sectians 1 D and 11)
(2) Any award greater than $50,D40, exclusive of attorney's fees, costs and
expenses, may be litigated by either party an a de nawo basis. The award
shall become final ninety (90} days from the date same Es issued. ff
litigation is #iled by either party within said ninety (90} day �eriod, the
award shall becorne nu11 and vad and shall not be used by either party for
any purpos� in the litigatiort.
K. Se�era5il�ty a�td Supvival
If any of the provisians contair�ed in this AGREEMENT are held far any reason to
be ir��alid, illegal, or �nenforceable in any respect, such invafidity, illegality, or
unenforceability wifl not affect any other prnvisian, and this AGREEMENT shafl
be canstrued �5 If 5UCi1 invalid, illegal, ar unenforceable provision had never
been contained herein. Articles V.F., VI.B, VI.D, VI.H, and VI..I shaEl survive
termina#ion of this AGREEMENT for any cause.
L. �bse�ve and Cam�ly
ENGINEER shall at al! time observe and comply with all federal and State laws
and regulations and with all ClTY ordinances and regulations which in any way
affect this AGR�EMENT and the work hereunder, and shall observe and c�mply
with alf orders, laws, ordinances and regulations which may exist or rnay be
enacted iater by gaverning badies ha�ing jurisdictian or authority for such
enactment. Na plea of misunderstandir�g or ignorance thereof sha�l be
considered. ENGkNEER agrees to defend, indemnify and hofd harmless C1TY
and ail of its officers, agents and employees frorrt and against all claims or
liability arising out of the viola#ion of any such order, law, ordinance, or
regulation, whether it be L�y itself ar its employees.
-13-
�r�icle 1�11
Af�achmenfis, 5checiules, and 5ignatures
T�is AGREEMENT, includir�g its a#tachm�nts and schedules, constit�tes the entire
AGREEMENT, supersedas afl prior written or oral understandings, and may only be changed by
a written amendment executed by both pa�ties. The fiolfowing attachments and sci�edules are
1�ereby made a part of this AGREEMENT.
Attachment A— Scope of Services
Aitachment B — Compensat�on
Attachment C—Amendm�nts to Standard Agreement for Engineering Services
ATTEST:
, � !�.
���
�' ~ � L � ,�
�, `
,:.�
Gloria Pears�n �
Ci�y Secretary
APPROVED AS TO FORM
AND LEGALITY:
t� y--
Gary 5teinberger
Assista�t City Attorney
ATT�ST:
,w ��3� � —
Contract �u�.har�.��$i��
y ._ ----' -a �. � �_�o�- ...___�—�---._�,
n��e
APPROVAL REC�MMENDED:
� �
-� �
�� - �
abert D. Goade, P.E., Director
Transportation a�d Public Works
TURNER COLLIE & BRADEN INC.
�
Ann Kovich, AICP
Associate Vice President
��i�tili,;�1��,�l.
-14-
CITY OF FORT WORTH
Ai�A�H�fl�IVY �
SC��� �� S��$1�����
LANC�Si��t AV�. -IdV� LAfV� R�A�ICIVf��iVY
(�lennings �o f�fain)
The fo�towing is a clarificat�on of the tasks that Turner Collie & Brad�n (TCB) and its subconsultant
LopazGarcia Graup wi11 perform under ATTACHMENT "A".
This scope af s�rvic�s is for engineerirmg design services far the realignment of the westbound
traffic lanes of Lancaste�-Avenue betwe�n Main and Jennings. The project will he cfesigned in
accardance with TxDOT standards. Both the CITY and TxD�T will reuiew the plans. lt is
assumed that the praject will �e let by TxDOT.
Work under this attachment includes engineering services #or the following:
1. SCHEMATIC DESIGN
1.1 DeveEop schematic design in accordance with TxDOT standards for approval by
TxDOT artd the City. The schematic �lan will include the proposed alignment,
�a�ement geometrics, and typical pavement crass sectians.
1.2 Prepare Design Summary Report in accordanc� with TxDQT standards for
TxDOT approvaE.
2. DRAINAGE AND STDRM SEWER DESIGN
2.1 Prepare drainage area map
2.2 Establish inlet and manhole lacations and cfrainage autfall locatians.
2.3 Design storm sewer systerns and prepare starm sewer plan and profile sheets
with supporking hydraulic data sheets. Existing storm sewer systems shall be
extended as required.
2.4 Prepare drainage plans for the praposed impro�ements, including t�e following
sheets:
� Drainage summary sheets
� D�ainage ar�a maps
o Hydraulic computations {using Winstorm}
� Drainage plan and profiles
� Drainage details
2.5 Coorc�inate drainage desigr�s with existing and proposed utiliiy designs in the
corridar.
3. ROADWAY ENGINEERING DESIGN
3.4 Coardinate wi#h the City and TxDOT for pavement design.
A-1 10f26/20D2
3.2 Refine the horizontal and verkical alignment of the schematic desigr�.
3.3 Develap horizontal and �ertical alignments for intersecting streets and driveways
3.4 Develop an eartk�work analysis ta determine cut and fill quantities and provide
fina! design cross-s�ctians at 54-foot intervals. Cross sections shall utilize a 9
inch = 20 feet horizontal and '� inch = 2 feet vertical scale. Cross-sections will
not be part of the bidding dacuments.
3.� Consult with the City and TxDDT on geotechnical information obtained from
others fram core hnles and testing pertaining ta pa�em�nt design. It is ass�med
tha# no pavement design report will be required by TxDOT or the City.
3.6 Prepare roadway plans, profi[es, and typical sections. The Roadway plans will
cansist of the following sheets:
o Titl� sheet
� Ir�dex sheet
� Typica! sections
� Estimate Summary
� Summary af Roadway Quantiiies
o �arthwork Quantities
� Geometric Layout & Gontro[ Data
� Paving plan 8� prafiles
� Intersec#ion detaifs & grading plans
� Remo�al Plans �demolition}
o Restaration Plans
� Miscellaneous paving de�ails
4. STORMWATER POLLUTION PREVENTI�N PLANS
4.1 TC&B will prepare a Storm Water Pollution Prevention Plan (SW3P). Points of
surface runoff concentration wi�l be treated as required to contral erosion. Plans
for �emporary erosion and po�lution control shall comply with the requirements for
the NCTC�G "Storm Water Quality Best Management Practices (BMP} far
Construction Activities" Manual, and in accordance with TxDOT requirements.
4.2 TC&B wi[I also prepare forms for submittal in accardance witf� NPDES (Natianal
Stormwater Polluiian Discharge Elimination Standards} requiremer�ts.
�. TRAFFIC SkGNAL DESIGN
5.1 Prepare preliminary signal layouts for 2 intersections, Throckmorton and
Houston, and review with City Signai Engineer and TxDOT.
5.2 Ir�corpora#e comments and prepare PS&E and quantity summary sheets for
signals as part of final design.
A-2 1 �12612002
6. SfGN[NG & PAVEMENT MARKINGS
6.1 Signing & Pavement Marking Layouts
� Prepare signing and pa�ern�nt marking layouf sheets at 1" = 1 a0' scale,
douhle stac�ted, in accordance with TxDOT design standards and #he Texas
Manual of Uniform Traffic Control Devices (TMUTCD}. The scop� does not
include the preparatian af separate sign �emoval layout sheets.
6.2 Pavement Marking De#ails
� Prepare plan dekails necessary to clarify the canstruction requirements of the
striping plan.
6.3 Summary of Pavement Markings
� Compute quantities and summarize in the plans and prepare a bid item [ist and
estir�ates prices far alE striping.
6.4 5mall Sign Summary
� Determir�e the mounting requirements for eac� sign or sign cluster bas�d on
TxDOT standards. Lis# all th� signs on tF�e TxDOT standard sumrr�ary sheets
together with totals for each rnour�t type.
6.5 Assemble Applicable Standards
� Identify and acquire all applicable Statewide and District standards. Modify
standards as needed.
7. ILLUMINATION PLANS
7.1 Prepare plans for the modification of illumination along the narfh side of
Lancastar between Main ar�c! Jennings.
7.2 Prepare a Quantity Summary 5heet far illuminations items
8. TRA�FIC CONTR�L PLANS
8.1 Traffic Controll5equence of Vllark Layouts
• Prepare layouts a# 1" = 10D' scale, showir�g the tra��l Ianes and constructEon
area for two phas�s of construction. Included in the layauts will be temporary
signing and striping, channelizatio� devices, barricades and a narrative of the
sequence of work. The sheets will include detour diagrams, where applica�le.
The scope does nat include the preparatian of prafiles far thes� alignments for
any alignments developed by Turner Collie and Braden.
A-3 10/28/2002
8.2 Traffic Control Typica{ Sections
� In conjunctian with the Traffic Control Layouts, develap typical cross sections
showing lane widths, edge conditians, channelization and proposed
constructiar� area.
8.3 Intersectinn Staging
• Develop typical intersection staging plans for similar intersections. De�elop
custorn intersection stagir�g layouts for special conditions.
8.4 Driveway Staging
� De�elop typical driveway stagir�g plans for similar driveways. De�elop custom
driveway staging layouts for special conditions.
8. QUANTITIES AND COST ESTIMATE
8.1 Prepare a tabufation af all pay quantities related to the work performed under
this agreement. Pay items will be in accordance wifh "Texas 5tandard
Specifications for Construction �f Hig�ways, Streets and Bridges", supplemented
where necessary with specia[ items. A pay quantity summary will �e prepared.
8.2 An estimate of probable construciion cast will be prepared for the propased
itnprovements.
9. UTILITY CLEAFZ4NCE
9.1 The ENGINEER will cansult with the C�ty's Water Department, Department of
Engineering, and other CITY departments, public utilities, private utilities, private
u#ilities and govemment agencies to determine the appraximate location of
above and undergraund utilities, and o#her fiacilities that have an impact or
influence or� the project. ENGINEER will desigr� facilities to avoid or minimize
conflicts with existing utilities. Design of waterline, sanitary sewer, and privste
utility relacatians ar� nat incl�ded in this scope of services.
9.2 The �NGINEER will deli�er a maximum of 14 sets of approved preliminary
constructian plans to the City's lJtility Coordina#or for forwarding to al! utility
corrzpanies with fac�lities within the limi#s of the project.
10. BIDDING
10.� Assist TxDOT during the bidding phase hy preparation and delivery of addenda,
A-4 10I2612fl02
response to questions by bidders, and attendance at the �re-bid conference.
11. CONSTRUCTI�N PHASE SERVICES
11.1 Atter�dance at a�re-construction meeting.
11.2 Re�iew of submittals, shop drawings, ancf Requests for Information.
11.3 Periodic site visits
A-5 14/26/2002
dTiACHIVY�PlT "�,�
�ANC��i�R AV�. e V4�� �AR�� R�ALi�F�14��IVi
(Jer�nings �o Mai�)
G��I��NSATlOR! �4R�� SGb�DU��
I. COMPENSATION
A. The Er�gineer shall be campensated a total fump sum fee of $127,624.
Payment o# the total lump sum fee shall be considered full compensation #or
the services described in Attachmet�t A far �II labor, matsrials, supplies, and
equipment necessary to complete the project.
B. Par�ial paymer�t shall be made monthly upon receipt of an invoice from the
Engineer based on the percen#age of the work completed.
C. An officer of the Engineer shall verify the accuracy of each invoice submitted
which sha11 comply with the terms of this agreement.
II. SCHEDULE
A. Final plans shall be sUbmitted for review within 6a calendar days after the
"Notice to Proceed" letter is received.
10/26/2002 B-1
r �
�x�i�« „���,f
(SU����14�Y�PlT iO A���.CHIV��N�" "�"?
�AI�CASY�R AV�. � I�Id� ��►P�� ���LI(�NfW�N�
(.)ennings 4o f�Vain�
HOUR�Y R�►i1� SCH��UL�
Emplayee Classification
Principaf
Project Manager
Project Engineer
Environmental Specialist
Senior Technician
Clerical
Hourly Rate�`
(Minimum) �Maximum)
$150 - $160
$100 - $130
$ 7$ - $110
$55-$105
$ �5 - $910
$ 45 - $6D
* Effeetiv�e January 1, 2�02 tl�rough December 31, 2�02. Hour{y rates are subject to
revision after January 1, 2003.
10126/20D2
EB1-1
`}
1
�/rili�E� '��o6F7
isu�����w��v� To �r�r�►eb�w�r�� „�„�
�r�cas��� ���. - v�� �.��� ���.�i������
(Jennings io �Yain)
F�� SUNYI�V�►RY
Scope of Sere�ices
e
Paving & Drainage �esign
Propos�d �I1INB� �ubconsultanfi �e�vices
topezGarcia Group -
Traffic Contral Plan Design
Signing & Pa�eme�t Marking Design
Tota� MIV►1BE Participation
� o��si2oa2
EB2-'�
�ee flVl!!�lBE � %
$127,$20 ($11,486-9%)
Fee
$ 12, 635
$ 7,190
% og �a4al �ee
6.5°/a
7.2%
$ 19,72�
15.5°/a
FXWIBIT "�-3��
(SUPP��I4A�NY �O P-���ACbflI�ENT E3}
�APICAS���t AV�. - W� LAPl� idEALIC.yWM€fJi
{Jennings to Aliain}
SCHEMAl'lC DE51GN
Schemafic Drawing Preparation
Design Summary Re�ort Areparation
Reviews (Ciry & TxDOT)
# Sheets $Isheet
Tatal
$ 5,000
$ B4d
$ 1,000
$
RDAQWAY 17EMS
Title S�eet
Index Sheet
Project Locatian Layout
Typical Sections
Lancaster
Throckmorton
Estimate Summary
Summary of Roadway Quantities
Cross sections @ 50'
Earthwprk Quantities
Csometric Layout & Control Oata
Roadv,ray P&i�
Lancastar 1,�400 If
�Wa�ir� B 1#
�a�s B #
�a�r+aF � #
Throckmor �aa if
�ayls� 8 �€
AAa��se 9 #
�efl B �€
1, 900 If
��
lntersection grading Plans
Throckmorton & Houstan
Roadway Defails
�emolition Plans
Restoration Plans
Standards
1 $ 500 $
1 $ S00 $
7 $ 1,100 $
1 $ 80� $
1 $ 800 $
1 $ 2,70D $
�4 $ 1,5�0 $
1 $ 2,000 $
1 $ 8�0 $
Z
B
9
6
1
9
9
B
3 $ 2,700 $
A $---�,�AA �
7 $ 3,000 $
9 $--2-�99 �
� � �,saa �
t � 3,5oa $
1 $ 1,500 $
4
EB3-'E
6QQ
840
1,100
aoa
$00
2,700
s,aoa
2,Qa4
80�
8,100
10/26/2042
6,84� Total5chematic
3,000
�,snn
�,�oo
1,500
$ 31,100 Total Roadway
�`�
�XHI �I7 '"8-3"
(SU����M�PIT TO AliACbM�N� �j
l..ANCAS��� AV�. - WB LANE R�ALIGNII�ENi
(Jennings io 1911ain)
# Sheets $Isheet iotal
DRAINAG� ITEM5
Summary of Siorm Sewer Quantitiss
Drainage System Map
5tarm Sewer Computations
Storm Sewer P&P
0.74 Lances#er 1,400 If
o.00 aaa+fl o if
0.00 de�s 4 �f
0.00 � 0 If
026 Throcicmor 500 If
a.00 �a�lef 0 If
o.00 �na��ae o if
o.oa �� o if
�,soa it
Drainage Details
Standards
SWPPP
Summary of Temporary Erosion CtrE.
SW3P Narrati�e
Sw3P Plan
5tandards
51GNIIVG & PAVEIU�ENT MAFtKING
Summary of Pavement Markings & Small Signs
Signing & Pvmt Mark Layout
Standards
TRAFF�C CONTROL PLANS
5ummary of Tra�c Cpntral Quantities
TCP Layo�t w/ Narrative
tandards
SIGNALS & ILLUMINATI�N
Traific 5ignal Estimate Summary
Traffic 5ignal Layout
Nlumination Layout
Elec#rical Service Data
Standards
Total 5heets
Total Standards
$
o.z5 $ z,�aa $
0 $ 2,540 $
1 $ 3,000 $
1 $ 2,70� $
2
0
0
D
1
0
a
0
3 $ 1,5D0 $
4 $ 3,OD0 $
2
1}.25 $ 1,5b0 $
1 $ 600 $
1 $ 800 $
2
2 $ 1,500 $
3 $ 1,5�0 $
20
D.5 $ 1,600 $
S $ 1,500 $
1d
1 $ 1,5Q0 $
3 $ 2,500 $
1 $ 1,500 $
1 $ 1,50D $
12
46
50 $ 150 $
625
3,000
2,700
�, 500
9 0/26/2002
$ 10,825 Tatal Drai�nage
375
600
800
$
3,OOp I
4,500 !
$
1,�75 iotal SWPPP
7,500 Total Sign & Pvmt M.
75p �'k 2,000
$ 12,7�0 Totaf TCP
4,�00
7,500
1,5p0
1, 500
J$ 12,000 iotal Signais $� Illum
7,500
EB3-2
�XHIBI� "�»3"
(SUP���M�N� i0 AYiACHM�N� �)
LANGAST�R AV�. - Vil� L.Atd� f��ALlCNM�NT
{Jennings to i�ain)
# Sheets $Ishe�� Total
M�ETINGS, COORDINA710N, QC, ADAAIN. S NL EXPENSES
Construction Gpst Estirnate $
Generaa Notes & Specifcations $
1hleaLl�e �RaaHnr.n 9 m1he+ !S2 u�L v 7 hr\ ,�
� , ° � �
Prebid M�eting $
Preconstructian Meeting $
Assa�le-�'�ar�s $
Addenda $
Coord wl City $
Coord w! TxDOT $
r�.,.,�.� ...! Cr1A4h! �
Coord w/ Garcia $
Shpp �rawing Review $
Labor Subtotal
4C/Admin (1 D°fo of labor)
N�. F�cpenses
CADb/Computer cF�arges
Misc. �xpenses (pfotting, repraduction, postage, mileage)
su�v�vs � Row
�Qn�� n�� r_ o.�r..eir
TOTAL ESTIMATE
TOTAL # OF SHEETS
1 Q/26l2002
1,280 16 hrx $801hr
80D
a-�-�3E�+�if 1' � hf )l ��-���1C
500 4 hr x $9251hf
250 2 hr x $1251hr
saa
1,800 20 hr x $SO/hr
1,6Qp 2D hr x $B�Ihr
960 12 hr x $Bplhr
1,280 16 hrx $BOlhr
$ 98,86Q
$ 9,890
$ 1 p8,78D
$ 15,870 46 sht x 23 hrlsht x$151hr
$ 3,000
� �z�,s�o
$ - �
�
$ 1 a�',620
96
- Tatal Sur�eys & RQVI
EE33-3
�XF4f�lY "�-�"
(Sll�'�LEM@N'T i0 A7iACW14A�Ni �)
LAI�C,4SiER /�V�. - W� LAPI� f��ALIGF�IViENi
(Jennings to �Aain}
SUBJECT: WB LAN� REALIGNMENT
PitOJECT: LANCAS7�R AVENUE
BY: SR JAME5
lTEM
ND
10p
11�
'f 10
0502
0515
fl508
0501
0505
D�SCRIPYfON
PREP ROW
ftEM STAB BS &IOR ASPH PAV
EXCAVATION {R�WY)
FURN AND PLAC TPSL (CL 2}�4")
C�LL FIB MULCH 5D (WARM SEASON)
CONC CURB 8� GUTTER TY 11
RIPRAP (CONC)(CL e)
RC PIPE (CL III)(24")
MANHOLE
(NLET {COMP�((20')
DRIVEWAYS
MOBILIZATfON
BARF�ICADES, 51GN5 AND 7R,4F
RDWY I�L ASSEM (TY 18 POLE Wf33A RRM)
CONpUIT (PVC)(SCHD 40)(2")
ELEC CONaCiOR (NO. 12) BARE
ELFC CONQCTOR (NO. 8) INSUTATED
ELEC CpNDCTOR (NO. 4) INSULATED
GROUNa BOX T1' C(16291'i) WIAPRON
Ek.EC S�RV TY D (1201240)070
SMALL RDWY SGI� ASSM TY A
PAV MRK 24" WHI7E SOLID'YY11
PAV MRK4" WHITE BRK
PAV MRK WHITE 4" 5LD
PAV MRK WHITE S" 5LD
PAV MRK YELLOW 4"5�D
PAV MRK WQRD WHITE _
PAV M1�K ARROW WHITE
SURF PREP 4"
SURF PREP S"
SURF PREP 24"
�URF PREP WORD
WRIf ZON� �4"W
WRK ZONE Y
SURF PREP ARROW
TRAFFlC SIGNAL MODiFICATION
�'EMPORA#tY TRAFFIC SlGNALIZASlO�I
ASPWALT COI�C TY B BASE
ASPHALT CONG TY D SUR
UNIT
PRIC�
P�R UNIT
$ 500.�0
$ 12.50
$ 2.75
$ 1.05
$ 0,23
$ 20.00
$ 140.00
$ 48.p0
$ 2,800.00
$ 3,600.00
$ 30.00
$ 50,400.0�
$ 2,Q40.00
$ 2,000.00
� a.�a
$ 0,38
$ 0.25
$ 0.20
$ 600,00
$ 2,000.00
$ 200.00
$ 5.10
$ D.50
$ 0.50
� a.on
$ 0.85
$ 110.00
$ 95.�Q
$ 0.20
$ 0.57
$ 2.04
� ao.oa
$ Q.85
- � o,a�
$ 35.D0
$ '15,QOO.QO
$ 25,ODp.00
$ 70.00
$ 82.00
�STIMATED
QUANTI7Y
11
500
5D0
50D
500
2,990
260
3D0
2
4
20
1
3
5
4,fi00
4,800
4,600
13,800
9
2
6
140
140
560
450
1, 320
-- 4
8
1,880
450
140
4
50Q
500
B
2
1
2,356
471
p548
502
500
0501
0537
836
666
662
662
666
SUBTOTAL
20% Contingency
iDTAL
STA
SY
CY
SY
SY
LF _
CY
LF
EA
EA
SY
LS
MO
�A
LF
LF
LF
LF
EA
EA
EA
l,F
LF
LF
E.F
�F
EA
EA
LF
LF
LF
EA
LF
LF
E.,4
EA
LS
70N
TON
AMQUNT
$5, 500
$6,250
$9,375
$525
$115
$59, 840
$3fi,440
$9 4,4D0
$5, 600
�14,aao
$600
$50,000
$8, 600
$10,Q00
$20, 700
$1,74$
$1,150
$2,750
$5,404
$4,00�
$1,2fl0
$714
$50
$zsa
$900
$�,�zz
$44D
$760
$376
$257
$280
� $�sn
$a25
$425
$28D
$3Q,OOD
$2�,aao
$164,92D
$38,622
$512,934
$1�2,587
$67 5,52D
Exhibit 64 - CC� temp rd (9-17-02} EB4-1 1Q12fi12002
A7'�AC�-iAd��1VY C
����I�►L �Fi�Vi���N�
�ON����'IN� �iV�IR����ll�� C�N��C��
p Ch�naes o# l�lo�k: The Engineer shall make sUch re�isions in the work �ncluded in
this contract which has been completed as are necessary to carrect errors appearing
fherein when required to do so by the City withau# unc�ue delays and additional cost
tQ the Ci#y.
If the City finds it necessary to request changes to previously satisfactorily campl�t�d
work or par�s #hereof, the Engineer shall make such revisions if requested and as
directed by the Gity. This will be considered as additiana[ work and paid for as
specified ut�der �ddi�ional {rVork.
g Additional I�ido��: Work not speeifiically described under "Scope of Services" must
be app�'oved by suppEemental agre��rnent to this contract t�y the City befare it is
undertak�n by the Engineer. If the Engineer is of the apinion that any work he has
been directed to perfarm is beyand the scope ofi this agreement and constitutes extra
work, he shall promptfy notify the City in writing.
In the event the City ftnds that such work does consti#u#e extra work, then the City
shall so advise the Engineer, in writing, and shall provide extra compensation to the
�ngineer �or daing this worlc on the same �asis as co�ered under "Camper�sation"
and as pravided und�r a supplementai agreement. The lump �um fee sha11 be
adjusted if additional work is appraved by supplemen#al agreement and �ertormed
by the Engineer.
o {4�Ilirto�i�v!!�lomen �usiness �nt��prise ��IIdN��1 �er�cen4aqe �oal: The
perc�ntage goal for MNIlBE participation in the work to be performed under this
contract is nine percent (9%) of the contract amaunt.
C-1 1012fi12QQ2
, "
�ity of Fori b�orih, �'exas
���or �r�d Councif Communic��t�on
DATE REFER�NCEiVUMB�R ILOG NAME
12/17/02 � �_� ��g�
245TREET
PAGE
.'I of2
��LLlE &
AVENUE
su���cr :�Pp!?�!�A� 4F ENGINEERING SERVICES AGREEMENT WITH TU�{NER,
BF�AD�N, I1V�, FOR THE RELOCATION OF THE EXISTING LAN�ASTER
FR4M MAIN STREET TQ ,7ENNENGS AVENUE
R�COMMENDATiON:
1t is recommended that tt�e City Council approve an engineering services ag�eement with Turner, Callie
&� Braden, Ir�c. for the relacation of the existing Lancaster Avenue from Main Street to Jennings Avenue
in th� amount af $127,620.
D15C1lS510N:
On February '�2, 2Q02 (M&C C-18962}, the City Council authorized tne City Manager to advpt a
resolution and execute #he L�cal Transportatian Project Advance �unding Agreement (LPAFA) for a
SurFace Transportation ProgramlMe#rapolitan Mobility Project far Lancaster Avenue from IH-35V11 ta
Henderson 5treet. This agre�ment with the Texas Department of Transpartation (Tx�OT) approved
the City's share af the total design and construction casts est�mated at $3,�37,D00.
On Fe6ruary � 2, 20�.2 (M&C G-18963}, the City Council autharized tE�e City Manager ta eanceE the
planning,. urban design and engineering cantraci and approve a new contract with EDA1N, lnc, for the
design of Lancaster Aver�ue from �H-3�W tp Henderson 5treet as a Scarface Transportation
ProgramlMetropvEitan Mobility Project in the amour�t of $� ,318,284.
The proposed contract witi� Turner, Cailie & Braden, lnc. in the amou�t of $127,620 will include the
de�elopment of fina� engineering. plans and constructio� dacuments ta TxDOT standards for th�
relacation af the exis#ing Lancaster Avenue from Main 5tr��t ta Jennings A�enue. Per the City's
request, this secfion �f roadway reconstruction will be let by TxDOT in advance of the work on #he rest
of Lancaster Avenue. Af#et the reconstructian of this section of Lancaster Avenue is complete, TxDOT
will transfer the access right-of-way on the north side of Lancaster Avenue to the City. . Per #he LPAFA,
the City is requtred to fund 100% of this early construciion.
Funding for these Services was included in the additional Certifcates af Obliga#ion sold for the
engineering associated wi#h developing improvements to the Lancaster Avenue Corridor approved by
the City Council on January 29, 2002 (Ordinance No. 94944), and appropriat�d by th� City Council on
March 19, 2002 (M&C G-1355D).
Turner, Ca{lie & Braden, Inc. is in campliance with the City's MIWBE Ordinarice by committing to � 5%
MIWBE pa�ticipation. The City�'s goal on ihis project is 9%.
The project is loca#ed En COUNCEL D15TRICT 9.
C'ity af �ort Wo�th, Texas
I�fayor .ar�d Counc�l Communica-t�or�
DAiE REFERENCE NUMSER LOG NAME PAGE
12/17/02 C�1939� 20STREET 2 of 2
5LIBJECT APPROVAL OF ENGINEER NG SERVICES AGREEMEN WITH TURNER, COLLIE &
6RAD�N, INC. FOR THE RELOCATI�N O� THE EXISTING LANCASTER AVENUE
FROM MAIN STREET T� JENNINGS AVENUE
�IS�AL INFDRMATIONICERTIFICATION:
The Finance Director certifies that funds are availa�l� in the current capital budgef, as appropriated, of
the Critical Capital Projects �und,
MQ:k
Snbmit#ed for City Manager's
Office by:
Marc Ott
Ur➢ginating Department Head:
Robart Goade
I FUND I ACCOUNT
� {to)
�
8476 -
78Q4 [from}
CENTER I AMOUNT CITY S�+ CitETARY
APPROVED 12/17/02
Additional Information Cantact: Ci i B 531200 0201'f 6023246 $� 27,620A4
�
Ro6ert Goode 7804 � �