HomeMy WebLinkAboutContract 27247CiTY ��CREi°�►RY �
CQNiRACT i� . �
CI�'Y �Fr �ORi WOR�F;, ��XAS
Si�►NDA�� �4CR��f��N�' I�OR C�NSU��'[hC� SFRI�IC�S
This AGREEMENT is between the City of Fork Warth (ih� "C1TY") and Buckhurst Fish &
Jacquemart, [nc. (the "CONSIJLTANT"), far a PROJ�CT generally described as: P�annina
Analvsis for the Proposed West S�venthlUniversiiv Villaae Modern Roundabouf,
Ar�icle [
Sco�e of Services and Pro�eci Schedule
The scope of services and proj�ct schedule are set farth in Attachmeni A.
Article II
Compensation
The Consultant's compensation �s set forth in A#tachment B.
Ar�icle Ill
�erms of �ayment
Payments to the CONSULTANT will b� made as follows:
A. Invaices and �aymen�
(1) Monthly invoices r�vill be issued by the CONSULTANT for all work pe�forrned
under this AGREEM�NT, Invoices shall be bas�d upon the percent
completion for each task. In�oices are due an� payable within 30 days of
receipt.
(2) Upon complefion af services �numerated in Article I, the final payment of
any balance will be due wifhin 30 d�ys flf receipt of the final invoice.
(3) In fhe event of a disputed or contested �illing, only that pnrtian so contested
will be withheld from payment, and the undisput�d portion wi[I be paid. The
CITY will exercise reasonableness in contesting any b911 ar portion fhereof.
No interest will accrue on any cantested partion of the billing until mutually
resolved.
(4} If the CITY fails to mak� �ayment in fiull ta the CONSIJLTANT for billings
eantested in good faith within 60 days of the amount due, the
CONSULTANT may, affer giving se�en (7} days' writt�n r�otice to CITY,
suspend services under tt�is AGREEMENT until paid in full, including
interest. In the event of suspension af services, the CONSULTANT shall
have na liability to CITY for delays or damages caused fhe CITY because of
such suspension af services.
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Article N
Oblfgatians o� the COP�SU�iAAl�
A. (�eneraf
The CONSULTANT will serve as the CITY's consulting representative under ihis
Agreement, providing professional consultatian and advice and furnishing
customary services incidental #hereto.
�. Standard ofi Care
TF�e standard of care applicabfe to the CONSULTANT's services will be the degree
af skill and diligence normally employed in the State of Texas by planning
consultants performing the same ar similar services at the time such servic�s are
performed.
C. �reparation of C�ocuments
The CONSULTANT will provide to the CITY the original documenfs on disks, or as
otherwise approved by CITY, which shaif become the praperiy of the C1TY. CITY
may use suc� dacuments in any manner it desires; pro�ided, however, that the
CONSULTANT shall not be liable for the use of such documents for any �rajec#
other than the PROJ�CT described herein.
�. Right to Audiic
(1) C�NSULTANT agrees that the CITY shall, un#il the expiratian of three (3)
years aft�r final payment under this contract, ha�e access �o and the righi ta
examine and pi�ofocopy any directly pertinent books, documen#s, papers
and recards of the CONSULTANT involving transactians relating ta this
contract. CONSIJI.TANT agrees that the C1TY shall have access during
normal working hours to all necessary CONSULTANT fiacilities and sha�l be
�rovided adeguate and appropriate wor�cspace in order to conduct auc�its in
compliance with the pro�isions of this sectian. The CITY shall give
CONSULTANT reasonable advance nofice of intended audits.
(2} CONSULTANT further agrees to include in all its subconsultant agreements
hereunder a pro�ision to the efFect that the subconsultanf agrees that the
CITY shall, �nfil the sxpirafion of three (3) years after final Payment under
the subcontract, have access ta and the righ# to examine �nd phatocopy
any direcfly per�inent books, documents, �apers and records af such
subconsultant, in�olving transactions to the subcantract, and further, that
the CITY shall have access during normal warking haurs ta all necessary
subconsultant facilities, and shal[ be provided adequat� and appropriate
work space, in order to conduct audits in compliance with the provisians af
this article together with subsection (3} hereofi. CITY shall give
subcansultant reasonable advanc� notice of intended audits.
(3) GONSULTANT and subconsultant agree to phatocopy such documenis as
may be requested by the CITY. Th� C1TY agrees to reimburse
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CONSULTANT #or the cast �f copies at the rate published in the Texas
Administrative Code in effect as af the time copying is perFarmed.
�. CDNSULYAN�''S lnsurance
(1) Insurance coverage and limits;
CONSUL.TANT shalf pro�ide to the CITY certificate(s) of insurance docum�nting
policies ofi the following coverage a# minimum [imits, which are to be in effect �rior
to commencemeni of work an the PROJECT:
Commercial General Liability
$1,OQ0,040 each occurrence
$1,040,0�0 aggregate
Automobile Liabilify
$1,000,000 each accident (or reasonably equivalent limits of co�erage if written on
a split limits basis). Coverage shall be an any vehicle used in the caurs� af the
PROJECT.
Warker's Compensatian
Coverage A: statutory limits
Coverage B: $100,OQ0 each accid�nt
$500,OOQ disease — po[icy limit
$100,Q00 disease — �ach employee
(2) Certificates af insurance evidencing that the CONSULTANT has obtained
afl required insurance shall be delivered to the C1TY prior to C4NSUL.TANT
receiving any payment under this Contract.
(a) Applicable policies sha[I be enforced to name the C{TY an Additional
instared thereon, as its interests may appear. The term CITY shall
include its employees, officers, a�Fficials, agenis, and volunteers as
respects tF�e contracted services.
(b) Ceriificate{s) of insurance shall document that insurance coverages
specified accordir�g to items section G.(1) and G.(2) of this
AGRE�M�NT are provided under applicable policies documented
thereon.
(c) Any faifure on part of the CITY to request required insurance
documenfation shall not canstitute a wai�er of the insurance
requirements.
(d) A minimum of �F�irty (30) days notice of cancellation, non-renewal or
material change in co�erage shall be pro�ided to the CITY. A ten
(�4) days notice shall be acceptable in the evant of nan-payment of
premium. Such terms shall be endorsed onta CONSULTANT's
Insurance policies. Notice shall be sent tfl Fernanda Costa, AIGP,
Director, Planning Department, City of For� Worth, 1000
Throckmorton, Fort Wor�h, Texas 76102.
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{e} Insurers for all palicies must be authorized to do business in the
Stafe of Texas or be otherwfse approved by the CITY; and, such
�nsurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(f) Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable ta the CITY at its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained througf� insurance pools or risk reter�tion groups must be
alsa approved. Dedicated financial resources or letters of credit may
also be acceptable to the CITY.
(g) Applicable policies shalf each be endorsed with a wai�er of
subrogation in fa�or afi the CITY as respecis the PROJECT.
(h) Th� CITY shal! be enfitled, upon its request and without incurrin�
expense, to review the CON5ULTANT's insurance policies including
endorsements thereto and, at ihe CITY's discretion, the
CONSULTANT may be required to provide proof of insurance
premium paymenfs.
(i) The Commercial General Liability insurance policy shal� have no
exclusions by endarsements unless such are appro�ed by the CITY.
(j) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement, It is understood
that insurance cost is an allowable component of C�NSULTANT's
overhead.
{k) Al� insurance required in Section G., except for the Professional
Liability insurance policy, shall be written on an accurrence basis in
order to be approved by the CITY.
(I) Subconsultants to the CONSULTANT shall be required by the
CONSULTANT to maintain the same or reasonably equivalent
insurance coverage as required for the CONSULTANT, When
subcflnsultants mainfair� insurance co�erage, CONSULTANT shall
pravide CITY with documentation thereof on a certificate of
insurance. Nofwithstanding anything to the c�ntrary contained
her�in, in the event a subconsultant's insurance co�erage is
cancelsd or termi�ated, such cancellation or termina#ion shall nat
consiitute a breach by CONSULTANT of the Agreement.
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�. Independent �onsulfani
The CONSULTANT agrees to perform all services as an independent constalfant
and not as a subcontractor, agent, or employee of the CITY.
C. �isclosure
The CONSULTANT acfcnowledges to the C1TY that it has made fiull disclosure in
writing of any existing c4nfli�ts of in�erest ar potential conflicts of interest, including
persana[ financial interest, direct or indirect, in praper�y abutting the propased
PROJECT and business relationships with abufting prapar�y owners. The
CQNSULTANT further acknowlsdges that it will make discEosure in writing of any
conflicts of interest thafi develop subset�uent to the signing of this confract and prior
to final payment under th� contract.
Arflcle V
Ob[igafions of fihe City
Amendments to Article V, if any, are included in Attachment C.
A. CityaV�urnished Dafia
The C[TY will make available to the CONSULTANT al[ relevant andlar tecnnical
data in the CITY's possession reEating io th� CONSULTANT'S 581V1C�S an the
PROJECT. Tf�e G�NSUL.TANT may rely upon the accuracy, timeliness, and
completeness of the informatian provided by the CITY.
�. �ime[y �eview
The CITY will examine the CONSULTANT's studies, reports, sketches, concaptual
drawings, propasals, and ather dacuments; obtain advice firam the PRO.fECT
Steering Committee, and others as the CfTY deems apprapriate; and render in
writing decisions required by the CITY in a timely manner in accordance with the
praject schedule in Attachment A.
G. Promp# Notice
The CITY will g�ve prompt notice to the CONSULTANT whene�er C[TY observes or
becomes a►nrare of any develapment that affects tF�e seope or fiiming af the
CONSl1LTANT's services or of any def�c� in the work of the CONSULTANT.
�. �ftiga�ian Assisfance
The Scape of Services does not inc[ude costs af the CONSULTANT for required or
requestec� assisiance to suppor�, prepare, document, bring, defend, or assist in
litigation undertaken or defended �y the CITY. In the event C[TY requests such
services of the CONSU�TANT, this AGREEMENT shall b� amended or a separate
agreement will be negatiated between the partie�.
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�. Changes
The CITY may rr3ake or approve changes within the general Scope af Services in
this AGREEMENT. [f such changes affect the CONSIJLTANT's cost af ar time
required for perfarmance af the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approva��
Art9cle Vf
General �egal �ro�isions
Amendments to Article Vi, if any, are included in Attachment C.
A. p,uthoriaa�ion to �roceed
CONSULTANT shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proc�ed fram the CITY.
�, �euse af Project Documents
All conceptual drawings, documents, and ather work prodvcts of the
CONSULTANT, whether in hard copy or in electranic form, are instruments of
service for this PROJ�CT, whether the PROJECT is completed or nat. Reuse,
change, or alteration by the C1TY or by others acting through or on bef�alf of the
CITY af any such instruments of service without the written permission of the
CONSULTANT will be at fhe CfTY's sale risk. The C�TY shall own the fina�
conceptua[ drawings and documents.
G. Force Niajeure
The CONSULTANT is nat responsible for damages or delay in pertarmance caused
by acts of God, sfrikes, lockouts, accidants, or other events beyond the contral of
the CONSULTANT.
�. �erminafion
(1) Only the Cify for con�enience may terminate ihis AGREEMENT on 30 days'
writfen notice. This AGREEMENT may be ferminated by eifher the CITY or
the CONSULTANT for cause if either party fails substantially #o perform
through na fault of the other and does not cammence correction of such
nanperformance within five (5) days af written notice and diligenfly complete
the correction ihereafter.
{2) If tt�is AGR�EMENT is terminafed #or the convenienee af the CITY, the
CONSIJLTANT will be paid for termination expenses as fallows:
(a} Gost of re�roduction of partial or com�lete siudies, conceptual
cErawings, or other forms of C�NSULTANT's work product;
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(�)
�ut-of-pocket expenses far purchasing s�orage cantainers,
microfilm, electronic data files, and ather da#a storage supplies or
services,
(c) The time requirements for the CONSULTANT's personnef to
dacumeni the work underway at the time the C1TY's fermination for
convenience so that the work effort is suitabfe for long tim� storage.
�.
F�.
{3) Prior ta praceeding with termination services, the CONSULTANT will submit
ta the CITY an itemized statement of all termination expenses. The CITY's
approval will be obtained in writing prior ta proceeding with termination
SBNEC�S.
5uspension, �elay, or Interruption to Wor4�
The C1TY may suspend, delay, or interrupt the services of the CONSULTANT for
fhe canvenience of the CITY. In tF�e event of such �uspension, delay, ar
interru�tion, an equitable adjustment in fF�e PROJECT`s schedule, commitment and
cost of the CONSULTANT's personnel and subcontractors, and CONSULTANT's
compensatian will be made,
Indemnifica�ion
(1) The CONSULTANT agrees to indemnify and d�fend the CITY fram any
loss, cost, or expense claimed by third parties far property damage and
bodily injury, including deafh, caused solely by the negligence ar wi[Ifu]
misconduct of th� CONSULTANT, ifs em�loyees, officers, and
subcontractors in connection vvith the PR�JECT.
(2) If the negligence or will#ul misconduct of both the CONSULTANT and fhe
CITY {or a persan identified above for w�om each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared between
fhe CONSULTANT and the C1TY in proportion to their relative degr��s of
negligence ar willful miscanduct as determined pursuant to T.C.P. & R,
Code, sectio� 33.011(4) (Vernon Supplemen# 1996}.
G. Assignmenfi
Neither party will assign all or any par� of this AGRE�MENT without fhe prior
writfien consent of the other party.
b. Infierprefation
Limita�ians an liability and indemnities ir� this AGREEMENT are business
understandings between the parties and sha[I apply to all #he different theories of
recovery, including �reach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misc�nduct or
gross negfigence fa�- limitaiions af liabi[ity ar�d sale negligence for indemnification.
Parties mear� the C1TY and the CONSULTANT, and their officers, employees,
agents, and subcontractors.
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f. .lurisdiction
Th� law of the State of Texas sf�all govern the �alidity o'f t�is AGREEMENT, its
inferpretati�n and pertormance, and any ather claims related to it. The venue for
any litigatian related to this AGREEMENT shal! be Tarrant County, Texas.
J. SeverabiEity and Survir�al
If any of the provisions containEd in this AGREEMENT are held for any reason to
be invalid, i[legal, or unenforceabl� in any respect, such in�alidity, illegalify, or
unenforceability will not affect any other provision, and ihis AGREEMENT shalf be
constru�d as ifi such invalid, iflegal, ar unenforceable provision had n�ver been
contained herein. Articles VI.B, VI.D, VI.H., and Vl.f shall survi�e termination of this
AGREEMENT for any cause.
K. Observe and Comply
CONSULTANT shali at ail time observe and comply with a!I federal and State laws
and regufations and with all CITY ordina�ces and r�gulations which in any way
aff�c� this AGREEMENT and the work hereunder, and shall observe and comply
wi#h all orders, 1aws, ordinances and regulations which may exist or may be
enac#ed later by governing bodies havir�g jurisdiction or autharity for such
enactment. No pfea of misunderstanding or ignorance thereof shall be cansidered.
CONSULTANT agrees ta defend, indemnify and hold harmless C1TY and all of its
officers, agents and employees from and against a[I claims or liability arising out af
the violation of any such order, law, ordinance, or regulation, whether it be by itself
or its employees.
I�. Purpose of Siudy
The purpose of this study is to pro�ide Urban planning services to assist the CITY in
making decisions about the deve�opment of a roundabout with a cer�tral fountain at
th� intersection of West Seventh S#r�et, Universify Drive, Camp Bowie Boulevard,
and Bai[ey Avenue. The scope of services does nat include engine�ri�g or design
services ofi streets, sidewalks, or other elements of the public right of way, ail af
which are to be perFormed at a later date by an engineer licensed in the s#ate of
Texas.
�lr�icle V[I
�.�Etachmenfis, Schedules, and 5ignatures
This AGREEMENT, incfuding its a#tachments and schedules, constitutes the entire AGREEMENT,
supersed�s all prior written or aral understandir�gs, and may on[y be char�ged by a writtert
amendment executed by bott� parkies. The follawing attachments and sched�les are hereby made
a part of this AGR�EMENT.
Attachment A— Scope �f Services and Project Schedule
Attachment B — Camper►sation
..g_
Execufed this the �day af November, 2009.
ATTEST: CITY OF' �ORT WORTH
� � S � - ,
� ; . t .. . .` ' L]V. -� � _ -. �- ! � • � � - ��.. �.,�
Glori�� Pearson Charles Boswell
City Secretary Assistant CEty Manager
APPROVED AS TO F'ORM
AND LEG �iTY
Assistant ity Attorney
APPROVAI. RECOMMENDED
_ � .
, ,
Fernando Costa, Directo�
P[anning Department
ATTES . �
� ��-f.
Corparate Secretary
IgC��c_' ���r`�
contract �utho���ag�on
Date ---- -
B�ckhurst Fish & Jacquemark, Inc.
By. �. . � �
Ge�rg�� :lacquemart
Principa[ '
�1f���C���l� ����U��
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A►ttachmen�; A:
��8�� O� S�RVfG�S AiV� ��OJFCT SC���UL�
The purpase of thfs sfudy rs fo pravide urban pJanning services ta assist �he Crfy af Fort
Worth in making decisio,�s abaut the development of a roundaboui with a central fountain
at the intersection of West Sevenfh Street, Unrversity Drive, Camp Bowre Boulevard, and
Barley Avenue. This scope of services daes not include engineering or des�gn services af
sireets, sidewalks, ar ather elemenfs of fhe public right of way, all of which are to be
performed af a later date by an engineer Jicensed in the sfate of Texas.
The CONSULTANT will perfarm a Planning Analysis for the Proposed West
Se�enthllJniversity Vil[age Modern Roundabout, including a series of analyses related to
safety, perFormance, urban design and dev�lapment potential on the two basic options
presented at the West Seven�hlUni�ersity Villaga planning warkshop held August 13-96,
2001. The two design options are: (1) Option A, the original "starfish" design; and (2)
Optiort C, the design with straighf approaches, and ane-lane entries and exits for two of
the six approacF�es. Schematic exnibits of #he fiwo optians are shown in Figures 1 and 2
on page 3 af ti�is Scope of Services.
Tasks
1. �nalysis a� Travel Pafhs
To aptimize traffic efficiency and safety, the tra�el paths of vehicles enfiering a multi-
lane roundabaut and circulating thraugh t�e roundabout should be laid out such thaf
they d� nat overlap, Option A has been verifed for path overlap as per the Federal
Highway Adminis#ration (FHWA} Rounc�abaut Guide. The CONSULTpNT will conduct
the same path overfap analysis for Option C. The CONSULTANT will coordinate this
work with Kittelson Associates to make sure t�tat the same design criteria are used to
veriiy the paths of both op#ions. KitteEsan Assflciates will provide the CONSULTANT
with the CAD �ersion of Option A to facilitate this and other tasks.
�. Comparing Safety Ftecards of Sfraighf and Cu�°►rilinear Approaches
The rnast basic �ifFerence between Option A and Option C is thafi A has appr�aches
with 2 or 3 successive re�erse curves, whereas C has straigF�t approaches with one
curve at the entry. The CONSULTANT wiq attempt to obtain comparative safety
statistics for roundabouts in the United States that f�ave one or m�re curvilinear
approaches. An attempt will be made to obtain crash rates {number of crashes on fh�
approac� and at the entry per average daify traffic} for the straight appraaches and the
curvilinear appraaches far those roundat�auts that have a mix of approaches. This
exercise depends IargeEy an the availability of the detailed dafa {crash statistics and
traffic Walumes by approach}. The CONSULTANT will also contact the authors af the
Roundabau� Safety Study performed by the Insurance Institute fior Highway 5af�ty to
verify whether they have more detailed informatian by type of approach.
3. F�erformance Analysis
TF�s CONSUL,TANT will analyze the ��rformance of Option A and Option C using
appropriate computer software. At a minimum, the 10-year and the 20-year traffic
forecasts de�eloped by Kittelson Assaciaies for fhe am, midday and pm peak hours
will be used to calculate, �or each entry, the valumelcapacity ratio, the delays and the
queue lengths. This task wi11 give the CONSULTANT a direct performance comparison
of the tw4 optians by appraach, by peak hour and by planning horizon.
4�. Ana[ysis of Viev�v Corridors
c3ne vf the urban design criteria for the proposed roundabout will be th� ability to see
the central island af the roundabout and its monumental feature fram a distance. For
this evaluation ih� CONSULTANT wil! assume that the building ar landscape line will
be a cerkain distance {e.g. 'i5 feet) back from th� curb line all around the roundat�aut,
in accordance wi�h the objective of maximizing developmeni around the roundabout.
The CONSULTANT will verify this assumption with the RTKL consultants that
participated in the August 13��6, 2001 wvrkshap. (As part af their work for the FPA
Foundation, the RTKL consultants have analyzed severa[ redeve[flpment concepts for
the roundabout.) The CONSULTANT will then measure the percenf of the diameter
(perpendicular ta fh� view axis} of the central island that is visible fram a'/4 mile back
from the roundabout.
5, Developmen� �ofen�ial
For each option the CONSULTANT will calculate the amaunt of private property
ground area availa�le for de�elapment within an 800 or 1C�Oa-foot radius from the
cent�r of the raundabout. The same setback assumption will be made as f�r the
pre�ious task. This analysis will compare the two t�ptions from iE�e paint af view of
de�efopment and iandscape potential within the immediate vicinity of the roundabout.
6. S�reetscape Impacfs and Right�ofi l�IIlay �equiremenis
The two op#ions under consideration have different impacts on the existing
streetscape and on fhe requirements for right-af-way takings. This task will identify
the specific buildin�s that wauld be taken ar saved under each optian and will quantify
the square feet of dislocated property. The C1TY will provide the CONSULTANT with
a base map showing the property boundaries and the names of the praperties. The
CONSULTANT will pr�pare a table shawing the percentages of the various parcels,
wifh their names, that are ne�dad far each option.
S�udy Products and �roiecf Schedule
The CONSULTANT will produc� a first-phase memo summarizing the results of tasks 1
and 3.
The CONSULTANT will also produce a repv� summarizing the results of all tasks, and
including the conceptual drawings far the two options. The drawings will be produced in
report format (�rabably 11� x 17") and in larger presentafion format. This report will firs#
be praduced in draft form (about 20 copies) for r�vEew by the CITY, fh� FPA Foundation,
and the 5teering Committee. Once comments from these groups are received, the
CON�ULTANT will produce the final report and publish 30 final copies.
2
F'igure 1. �iagram of Option A
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Atiachment �:
�Q�iPI�N[�Aif@P!
The CONSULTANT will pertorm the work described in Attachment A: Scape af Serv`rces
an� Project Schedule on a lump-sum basis for a totaf fee of $20,400. The cast is broken
down as folEows by fask:
� . Travel Paths
2. Safety Statistics
3. Performance
4. View Carridors
5. Develop Potential
6. 5treetscapelROW
Reports
Fort Worth Meeting
Total
�2,oao
$2,800
$4,000
$1,34fl
�� ,saa
$2,1 QO
$3,000
$3,400
��a,aao
The C�NSULTANT will bill the CITY mo�thly based on percent completion af each fask.