HomeMy WebLinkAboutContract 27567�IYY �L�R�Y�Rif
C4NTRACi° P!� . � �5���
CITY OF FORT WaRTH, TEXAS
STANDARQ AGR�EMENT FOR ENGINEERING SERVIC�S
This AGREEMENT is between the City of Fort Worth (the "CITY"}, and Carter & Surgess, Inc., (the
"ENGINEER"), for a PROJECT generally descri�ed as: Texas Motor Speedway Final Plat.
Article 1
Scope of Services
A.
Camper�sation
A.
The Scope of 5ervices is set forth in Attachment A.
Art[cle II
Ths ENGINEER's compensa#ion is set forth in Attachment B.
Ariicle III
Terms of Payment
Payrnents to the ENGINE�R will be made as foliows
A. Invaice and Paym�nt
(1}
Tne Engineer shall provid� the City sufficient documentation to reasonably
substantiate the invoices. -
Monthiy invoices wil3 be issued by the E[VGINE�R �or all work pertormed under
this AGREEM�NT, fn�oices are due and payable within 3� days �f receipt.
�2)
Upon cample#ion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipi of the final invoice,
(3}
(4} ln the event of a disputed or contested bilfing, only that portion so confested will
be withheld from payment, and the undisputed portioR r�vill be paid, The C1TY will
exercise reasona�leness in contesting any bill or portion #hereof. No interes# will
accrue on any contested portian of the billing until mutually resolved.
(5) If the CITY fails to make payment in full ta ENGW�ER for billings contested in
�oad faith within 6D days of the smaunt due, the ENGINEER may, after giving
seve� (7) �ays' written notice to CITY, s�spend services under this
AGREEMENT un#il paid in full, including interest. In the e�enf af suspension of
services, iF�e ENGINE�R sF�all have no liability to CITY for delays or damages
caused the CITY because of such suspension of services. �
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Art'scle 1V
Dbligations of the Gngineer
Amendments .ta Article IV, if any, are included in Attachment C.
A. G�neral
The ENGiNEER will serve as the C1TY's professional engineering representative under this
Agreement, providing professional engineeri�g consultation and advice and furnishing customary
services incidental thereto. •
�. Standard of Care
The standard of care applicable to t�e ENGINEER's ser�ices will be the degree of skill and
diligence normally employed in ihe State of 7�xas by professional enc�ineers ar cansultants
perforrning the same or similar seEvices at the time such serv�ces are performed.
C. 5ubsurface Investigations
(1 } The EIVGINEER shal� advise #he CITY with regard io the neeessity 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 ENGWEER shall also advise ihe CITY concerning the results of
same. 5uch surveys, tests, and investigations shaff be furnished by the CiTY ,
uniess atherwise specified in A#tachment A.
(2) In soils, foundation, grou�dwater, and at�er subsurFace invesiigations, the actual
characteristics may vary significaniiy b�tween s�ccessive test po9nts and sample
intervals and at locations other than where observatinns, exploration, and
investigat�ons have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated undergraund candition� may
occur tha# could affect the tatal PROJECT cost andlor execution. Thess
conditions and costl�xecution effects are not the responsibility of the
ENGlNEER.
I�. �'reparatian of Engineering 9rawings
The �NGINEER will prorr9de ka the C1TY tY�e origi�al drawings of all plans in ink on reproducible
plastic film sheets, ar as otherwise approved by CiTY , which shalf become the properiy af the
CITY. C[TY may use such drawings in any manner it desires; provided, however, that the
ENGIN��R shall nat be liable faT the use of such drawin�s far any �roject ot�er thar� the
PROJ�CT described herein.
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�. �ngineer's Personnel at Construciion 5ite
(1) The presence or d�kies of the FNGINEER's p�rsannel at a constructian site,
whether as on-site representafi�es or ofherwise, do not make the �NGINEER or
its personnel in any way responsibie for those duties that beiong to the CITY
andlor the C1TY'� construction contractors or other entities, and do not relieve the
construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but nat 1irn�ted to, all constructian mettrods, mesns,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the cans#ruction work in accordance with the Cantract
Doc�ments and any health ar safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
cantrol over any consiruction contractor or other entity or their employees ln
connec#ian with their work or any health or safety precautions.
(2) Excepi to the extent of specific site visits expressly detailed and set forth in
Aktachment A, tne �NGINEER or its personnef shail have no . obligation or
responsibility ta visit the construction site to become fam�liar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if the
work on the PROJ�CT is beir�g perFormed in a manner indicating that khe
PROJ�CT, when completed, will be in accordance with the Contraci Documents,
nar shall anyfhing En t�e Co�tract Documents or the agreement between CITY
and �NGINE�R be construed as requiring ENGINEER to make exhaustive or
continuous on-site inspectians to discover lateni defects in the work or afherwise
check the quafity or quantiiy of the wark on the PROJ�CT. If, fflr any reason, th�
ENGIN�ER should rnake an on-site observaiion(s}, on the basis of such on-site
observations, if any, the ENG[NE�R shal[ endeavor to keep the CITY infarmed of
any deviation frarr� khe Contract Documents coming to the act�al notice of
ENGINEER regarding tfi�e PR(]JECT.
(3) When professiona! certification of perFormance or characieristics of materials,
systems ar equipment is reasanably req�ir�d to perforrn the services set forth In
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish maferials, systems or equipmenf and perFormance�
criteria to be required in #he Contract Documents.
F. Opinfons ef Probahle Cost, �inancial Consideraiion�, and Schedules
(1) Tha ENGIN�ER shaEl provide apinions of probable costs based on the current
avaifa6fe information at the time af preparation, in accordance with Attachment A.
(2) In providing opinions of cost, �nancial analyses, economic feasibility projections,
and schedules for the PROJECT, the ENGINEER has no control over cost ar
price of labor and materials; unknouvn ar latent conditions of exisfing equipment
or structures that rr�ay affect operation or maintenance costs; competifive bidding
procedures and market conditions, time or qualify of perfarmance by third parties;
quaEi#y, type, management, or direction of operating persannef; and other
economic and operatianal factors that may makerial�y afFect khe ultimate
PROJECT cost ar schedule. 7herefore, the �NGIN�ER makes na warranty that
the Cl7Y's actual PROJECT costs, financial aspects, economic feasibility, or
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schedules will not vary from the ENGIN�ER's opinions, analyses, projections, or
estimates.
G. Construction Progress �ayments
Recommendations by the ENG�N�ER ta tF�e C[TY for {�eriodic canstructian pragress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective samplir�g and abservation that the wark has
progressed to the point in�icated. Such recommendations do not represent that
continuous or detailed examinations have been made by th� ENGfNEER to ascertain that
the cor�struction contrackor has completed the work in exact accardance with the Contract
Documents; that the final work will be acceptable in aEl respects; that the ENGINEER has
made an examination to asce�tain how or for what purpose the consiruckion con#ractor
has used tE�e moneys paid; that title #o any of the work, rnateriafs, or equipment has
passed to the CiTY free s�d clear af liens, clairns, security interests, or �ncumbrances; or
that there are not other matters at issue between the CITY and ihe construction
co�tractor that af€ect the amount that should be paid.
H. Record �rawings
Recard draw�ngs, if required, will be prepared, in part, on the basis of information .
compiled and fumished by others, and may not always represent kh� exact location, ty�e
of various comPonents,.ar exact manner in which the PROJECT was finally constructed.
The ENGIN�ER is not responsible far any errors or omissians in the information from
others that is incorporated into the record drawings.
Minarity and Wornan �usiness �nferprise (�IiIW��) participatian
[r� accord with City of Fort Wor#h Ordinance No.1 �923, as amended by Ordinance 93471,
the City F�as goals for the par�icipatinn af minority business enterprises and woman
business enterprises in City contracts. �ngineer acknowledges the MIWB� goal
established for this contract and its commikment ta meet that goal. Any misrepresenkafion
of facts (other than a negl9gent misrepresentation) andlor the commiss9on of #raud by the
Engineer may result 9n the kermination of this agreement and debarment from
participaiing in City coniracts for a period af time of not less than three (3) years.
Right to Audit
(1) ENGINEER agrees that the C1TY shall, until the expirafion oi three (3} years afier
final payment under this conkract, have access ta and the righf to exarnine and
phofocopy any directly pertineni boaks, documents, papers ar�d recnrds of the
�NGINEER in�olving iransactions relating to this contract, ENGIEVEER agrees
thaf the C1TY shall have access during normal working ha�rs to all necessary
ENGINE�R faci�ities and shall be provided adequate and appropriafe work space
in order to conduct audits i� compfiance with the provisions af this sectian. The
CIiY sha11 give ENGINEER reasonable advaRce nofice of intended audits.
(2) �NGIN�ER further agrees to lnclude in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees tha� the CiTY
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shall, until the expiration of three (3} years after final payment under the
subcontract, have access to and tf�e right to examine and photocapy any directly
pertinen� books, documents, papers and records of such subconsultant, involving
transac#ions to fhe scabcontract, and further, that ihe CITY shall ha�e access
during normal warking haurs to all s�bcansul#ant faciliiies, and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance
wi#h the provisions of ihis art�cle togekher with subsection {3}hereof. CfTY snall
gi�e subconsultant reasonahle advance notice of intended audits.
{3) ENGlNE�R and subconsultant agree ta photo copy such documents as may be
requested by the CITY .The CITY agrees to reimburse ENGIN��R forthe cast of
copies ai the raie p�bfished in the T�xas Administrakive Code in efFect as of the
time copying is �erFormed.
K. �NGIN��F�'s Insurance
(1 } lnsurance coverage and limifs:
�NGINEER shall pro�ide tp the City certificate(s} of insurar�ce documenting
policies of the following coverage at minimum Eimits which are to be in effeck priar
to commencement of work on th� PROJ�CT:
CammercisE General Liability $'[,OQD,000 each occurrence $1,000,000 aggregafe
Automobile Liabifity
$9,000,000 each accident (or reasonably equivalent limits of coverage if written
on a spl9t limits �asis). ,Caverage shall be on any vehicie used in the course af
ihe PROJECT.
Wark�r's Compensatior�
Coverage A: statutory limlts �
Coverage B: $100,000 each accident $500,a00 disease -policy limit
$� 00,000 disease -each ernpfoyee
Prqfessional LiabilEty
$1,aaa,000 each claimlannuaf aggregate
(2) Certificates of insuranc� evidencing that the EEVGINEER hes obtained all
required insurance shall be deli�ered to the CITY prior to �NGINEER proceeding with the
PROJ �CT.
{a} Appl'rcabfe policies shaq be endorsed to name the CITY an AdditEonal
Insured thereon, as its interests may appear. The term CfTY shall
include its employees, officers, officials, agents, and valunteers as
respects th� contracked services.
(b} Cer�ificate(s) of insurance shall document that insurance coverages
specified according to items section K.(9 ) and K.(2) of this agreement are
provided under applicable policies dacumented thereon.
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{c) Any failure on part of the CITY to request required insurance
documentation shafl not constitute a waiver of the insurance
req�irements.
{d} A minimum of thi�y (30] days notiee of cancellatian, non-renewal ar
material change in coverage shall be provided to the CITY. A ten (�0}
days nafice shall be accepta�le in the event of nan- payment of
premium. Such terms s�all be endorsed onta ENGINEER's insurance
policies. Notice shall �e sent to the respective pepartment Direcfor (by
�ame), City of Fort Worih, 1000 7hrockmorton, Fart Worth, Texas 76102.
(e) lnsurers for all polici�s must b� authorized to do business in tf�e state of
Te�xas or be otherwise approved by khe CITY; and, such insurers shalf be
acceptabie to the GITY in terms of their financial strength and solvency,
(f) Deductible lim�ts, ar self insured reientions, affecting insuran�e required
herein may be acceptabi� to the CITY at its so[e discretion; and, in lieu of
traditionai ir�surance, any alternative caverage mainkained through
insurance pools or risk retention groups musi be also approved.
Dedicaie� financial r�sources or letters of credii rnay alsa be acceptable
to the Ciky .
(g) Applicab[e policies shall each b� endorsed with a wai�er af subrogation
in favor of the CITY as respects the PROJ�CT.
�h) The Ciiy �shali be entit[ed, upon its request and withaut incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereio and, at the C[TY's discretion, tfi�e ENGINEER may
be requEred to pravide proof of insurance premium payments.
(I} The Commercial General L�a�ility insurance polic� shall have no
exclusions by endorsements unless such are approved by t�e CITY.
(j) The Professional Liability insurance policy, if written on a claims made
basis shall be mainiained by the �NGINEER for a rninirr�um two (2) year
period subsequent to the term of the respecti�e PROJECT contract with
the C1TY unless such caWerage is provided the ENGCNEER on an
occurrence basis.
(k) The C1TY shall not b� res�onsible for the direck payment af any
insurance premiums required by this agreement, It Is understood that
i�surance cost is an allowabls component of ENGINEER's overhead.
(I} All insurance required in section K. I except for the Professional Liability
insurance policy, sha11 be written on an occurrence basis in order to be
appraved by the C[iY.
(m) Subconsultants io the ENGIEVEER shall be reqUired by the ENGINEER
� to maintain the same ar reasonabiy equivalent insurance coverage as
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required for the ENGIN��R. When insurance coverage is maEntained by
subcor�sultants, ENGINEER shall provide CITY with documentation
tY�ereof an a certificate of ins�rance. Notwiths#anding anything to the
contrary contained herein, In ii�e even# a s�bconsultant's insurance
coverage is eanceled ar terminated, such cancellation or terminatfon
shall not constitute a breach by ENG W EER of the Agreement.
L. Independent Consultant
The ENGINEER agrees ta perform all services as an independent consultant and not as
a subcontractor, agent, or emp[oyee of the C17Y.
M. Disclosure
The ENGIN�ER acknowledges to the CITY thaf it f�as mad� fu[I disclosure in writing af
any existing conflicts of interes# or potential conflicts of ir�ierest, including }aersonal
financial interest, direct or indirect, in property abutting the proposed PROJ�CT and
business relati�nships with abutting property citi�s. The �NGINE�R furtner
acknowledges that it will make disclosure in writing of any conflicts of interest which
de�e{op subsequent to the signing of this contract and prior to final payment under the
contract.
W. Asbestos or Hazardous Substances
(1 j If asbestos or hazardaus substances in any form are encountered or suspecfed,
the ENGIIVEER will stop its own work in the affected portions of the PRO.]ECi to
permit testing and evaluat9on.
(2) If asbestos or ather hazardous substances are suspected, the ENGINEER wiil, if
requesked, assist the CITY in obtaining the services of a quaiifled subcontractor
to mana�e the rem�diation activities of the PROJECT.
0. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with pubfished design
criteria andlor current �ngineering practice standards which the E�VGINEER should have
been aware of at tne time this Agreement was executed, the �NGINEER shall re�ise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the c�anges in the permitting authorities' pubfished design
criteria andlor practice sfandards criteria w�ich are pubfEsE�ed after fhe date of this
Agreement which tha ENGIN�ER ca�fd not have besn reasonably aware of, khe
ENGINEER sh�E� nnti�y the CITY of such chang�s and an adjustment in compensation
will be made thraugh an amendment to this AGR�EMENT.
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Articie V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. CityeFurnisi�ed �ata
The C[TY will make available to the ENGINEER all tecE�nical �ata in the CITY's
possession relating to #he ENGIN��R's services on the PROJECT. Ti�e �NGIN�ER may
rely upon the accuracy, timefiness, and completeness of the information provided by the
C[TY.
B. Access to �acilities and �roperty
The CITY will make its facilities aecessible to the �NGINE�R as required for the
ElVGINEER's performance of its services and will pro�ide labor and safety equipment as
required by the ENGINEER far such access. The CITY will perform, at no cosi to the
ENGINEER, such tests af equipment, machinery, pipelines, and other components of the
CITY's facilities as may be required in connection wiih the ENGIN�ER's services. The
CITY will be respansible for all acts of khe CITY's persannel.
C. ,Advertisements, Perm'sts, and Access
Unless otherwise agreed to in the 5cope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required hy locai, state, or
federal authorifles; and land, easemen#s, rights-of-way, and access necessary for the
ENGW��R's services or PROJ�CT consfructian.
�. Tirr:ely Review
TF�e CITY will examine the ENGINEER's studies, eeports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attarney, insurance
counselor, accountant, auditor, bond and financial advisors, and ather consultanfs as ihe
CITY deems appropriate; a�d render in writing decisions required by the CI'il' in a timely
manner.
�. Prorrrpi Notice
The CITY will give prompf written notice to the �NGINEER when�ver CITY observes or
becomes aware of any develapment that affects the scape or tirr�ing of the ENGINEER's
services or of any defect in ihe wark of the �NGINEER or construction coniractors.
F. A�bestos or Hazarc[ous Suhstances and Indemnification
(1) To the maximum extent permitted by law, t�e CITY wilf indemnify and release
EfVGINEER an� its officers, employees, and subcontractors from ai1 claims,
damages, lasses, and costs, inc[uding, ��t not limited to, attorney's fees and
IitEgation expenses arising out af or relating to the presence, discnarge, release,
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or eseape of hazardous su�stances, contaminants, or asbestas on or from the
PROJFC7. Nothing contained herein shall be construed to require tha ClTY to
levy, assess or collect any tax #o fund this i�demnification.
(2) The indemnification and release required above shall not apply i� the event the
discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of �NGIN�ER'S negligence or if suc� hazardaus suhstance,
contaminant or asbestos is broughi onto the PROJECT by ENGIN�ER.
G. Contractor lndemnification and C[aims
The CITY agrees to include in all construction cantracts th� provisions of ArtiGe IV.E.
regarding the ENGINE�R's Personnel at Construction Site, and provisions praviding
contrackor indemnificakion of the CITY and the ENGINEER for contractor's negligence.
H. Contractar Claims and ihird-Party �eneficiaries
{1 } The CITY agrees to include t�e fo�lowing clause in alf contracts with consiruction
cantract�rs and equiprnent or rnakerials suppliers:
"Contractors, subcontractnrs and equipment and rnaterials
suppli�rs on the PROJECT, or their sureties, shall mainiain na direct actior�
against the E�iGINEER, iks officers, employees, anc! subcontractors, far any
claim arising out of, in connection with, or resulting frorn ti�e engineering services
performed. �n1y the CITY will be the beneficiary of any undertaking by the
ENGIiVEER."'
(2} This AGR�EMEIVT gives no rights or i�enefits to anyone other than the CITY and
the ENGWEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreerner�t it enters into with any otl�er entity or
person Tegarding the PR�JECT a provfsion that such entity or person shall have
no fhird-party beneficiary rights under this Agreement.
(4) Nathing cor�tained {n this sec#ion V.M, shali be canstrued as a waiver af any right
the CITY has to bring a claim against �NGW��R.
l. CITY's Insurance
{1) The CITY may maintain property insurar�ce on cer#ain pre-existing structures
associated w9th the PROJECT.
{2} The CiTY will ensure that Builders Rfsklinstallation insurance is maintained at the
re�lacement cost value of the PROJEGT. The CITY may pro�ide EIV�INEER a
copy of the poliey or documentativn of such on a certificate of insurance.
(3) The CITY will specify that the Bui�ders Riskllnstallation ins�rance shall be
comprehensi�e in coverage appropriate to the PROJECT risCcs.
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J. �itigation Assistance
7he Scope of Senrices does r�ot inc[ude costs of the ENGINE�R for required or
requesfed assiskance ta support, prepare, docurnent, �ring, def�nd, or assist in litigation
undertaken or defended by the CITY, !n the event CITY requests such services of the
ENGINEER, this AGREEMENT shall be amended or a separaie agreement will be
negotiated between the par#ies.
�C. Changes
The CITY may make or apprave changes wlthin the ger�eral Scape af Services in this
AGREEMEIVT. If s�ch changes afFect the ENGINEER's cost of or time required far
perfarmance of the services, an equitable adjustment will be made through an
amendment to this AGR�EMENT with appropriate CITY approval.
Artiele Vl
General �.egaf Pravisians
Amendments to Article V[, if any, are included in Attachment C.
A. Authori�ation to �roceed
ENGINEER shall be autharized tp proceed with this AGREEMENT upon receipt of a
writien Notice to Proceed from the CITY .
�. Reuse af Project Documents
All designs, drawings, specifications, documents, and other work products of the
�NGINEER, whe#her in hard copy or in electronic form* are instrurr�ents of servfce for thfs
F'ROJ�CT, whefher the PROJECT is completed ar nat. Reuse, change, or alteration by
the CITY or by others actir�g through ar on behalf of the CITY of any such ir�struments of
service witha�at the written permission of the ENGINE�R will be at tl�e CITY's sale risk.
The �nal designs, drawings, specifications and documents shall be owned hy the CITY.
G. Force Majeure
The ENGIIVEER is nvt responsible for damages or delay in perFormance caused by acts
of God, strikes,lackouts, accidents, or other events beyond the control of the
ENGINEER.
�. Terrnination
{1 } This AGREEMEN7 may be terminated only by the City for con�enie�ce on 30
days' written natice. This AGREEM�NT may be terminated by eitf�er the G1TY or
the ENGIN�ER for cause if either party fails substantially to perform through no
faul# af the other and does not commence correction of such no�performance
wi#h �ve (5} days of written notice a�d diligently complete the correction
iY�ereafter.
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{2) [f this AGREEMENT is terminated for the convenience of the City, #he
ENGINEER will be paid for terminakion expenses as follows:
a) Cast ot reproduction af pa�tial or compfete studiss, plans, sPecifications
or other forms of ENGINEER'S work product; �
b) Out-of-pocket expenses for purc�asing storage contair�ers, microfilm,
electronic data files, and ofher data storage supplies or services;
c} The time requir�ments for the �NGENEER'S persannel to dvcument the
work underway at the kime the CI7Y'S termina#ian for convenience so
that the work effori is suFtable far long t9me storage.
(3) Prior to proceeding wiih termination services, the ENGINEER wi[l s�bmit ta the
CITY an itemized statement af all termination expenses, The ClTY`S approval wifl
be obtained in writing prior to proceeding with termi�atior� services.
E. 5�spension, 9elay, or InterrupEion to Work
7he CITY may suspend, delay, or interrupt the services of ihe ENGINEER for the
convenience of the CITY. In the event of such suspens�on, deEay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcoritrac�ors, and �NGINE�R's compensation will ba
made.
F. Indemnification
(1 } The ENGlN�ER agrees ta indemnify and defend the CITY frorrt any loss, cost, or
expense claimed by fhird parti�s for �roperty damage and badily injury , including
death, caused solely by the negligence ar willful misconduct of the ENGIIVE�R,
9ts employees, nfficers, and subcontractors in connection with th� PR0.3ECT.
(2) If the negligence or willfu! misconduct of both the ENGINE�R and the CITY (or a
persfln id�ntified abave for whom each is liable} is a cause of such damage or
injury, the loss, CDSf, or expense sha�l be shared befween the ENGWEER and
the CITY in proportion fo their relaki�e degrees of negligence or willfuE misconduct
as determined pursuaRt to T.C.P. & R. Code, section 33.011(4) (Vernon
5upplement 1996).
G. Assignment
I�either party will assign all ar any part of this AGRE�MENT without ihe prior written
consent o# the other party.
H. lnter�retation
L{mitations on liabifiiy and indemnities in this AGR�EMENT are b�siness understandings
betwsen the parties and shall apply to all the d9fferent theories af recovery, including
breach ofi contrack or warranty, tort including negligence, strlct or statutory liability, or any
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other cause of action, except for willful misconduct or gross negligence for limitations of
liability and sol� negligence for indernnification. Parties means the CITY and the
ENGIN�ER, and their afficers, employees, agents, and subcontractors.
Juriscficiion
T�e law of the State of Texas �hall govern the validity of this AGR�EMENT, its
interpretatian and perforrnance, and any other claims related to it, The �enue for any
litigation r�laked to this AGREEMENT shall b� Tarrant County, Texas.
J. Aiternate �ispute Resolutinn
(1) A!1 claims, disPutes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or th� PROJECT,
or ar�y breach of any obligaiion or duty of CITY or �NGINE�R hereunder, will be
submitted to rrted'+at9an. If rr-�ediation is unsuccessful, the claim, dispute or other
matker in questian shall be submitted ko arbitration if both parkies act9ng
reasanably agree that the amount of the dispute �s likely to be less ihan $50,000,
exclusive of a#tarney's fees, costs and expenses. Arbitration shall be in
accordance with the Gonstruction ]ndustry Arbitratian Rules of the Amerlcan
Arbiirafion Assaciation or other applicable ru�es of #h� Associaiion then in effect.
Any award rendered by the arbitra#ors less than $50,00�, exclusive of attarney's
fees, costs and expenses, will be final, judgmen# may be entered khereon in any
court having jurisdiction, and wifl not be subject to appeal or modificatian except
to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9
U.S.C. Sections 1 D and 11).
(2) Any award greater than $50,000, exclusi�e of attarney's fees, costs and
expenses, ma� be liiigated by either party on a de novo basis. The award shall
become final ninety {90) days from the date same is issued. ff litigation is filed by
either party within said ninety {90) day p�riod, the award shall became null and
void and shall not be used by ei#her party for any purpose in khe litigation.
K. Se�erability and Survir►al
If any af the provislons contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invafidity, i[legality, or
unenforceabiliiy will not affec# any other provision, and tF�is AGR�EMENT shall be
construad as if such invalid, illegal, or unenforceable provision had never baen contained
herein. Articles V.F., VI.S., VI.�., VI.H., VI.I., and VI.J. shall survive termination of this
AGRE�MENT for any cause.
L. Observe and Comply
�NG{NE�R shall at all times observe and comply with all federal and State laws and
regulatians and with ap City ordinances and regulations which in any way affecf this
AGREEM�N7 artd the wark hereunder, and shall abserve and comply with all vrders,
laws ordina�ces and regulations which may exisf or may be enacte� later by governing
bodies Y�aving j�risdiction or authority for such enactment. No plea of misunderstanding
or ignorance thereof sha11 be considered. �NGINE�R agrees to defend, indsmnify and
hold harmless CI7Y and a!1 of its o�ficers, agents and employees from and against all
RE:1job101121i1misc10 1 1 217 1 4.sa'{.doc 12 af � 3
claims or liabiiity arising out of tf�e violatior� of any sUch order, kaw, orcii�ance, or
regulation, whether it be by itseEf or 9ts employees.
Article Vll
Attachments, Schedules, and Sig�atures
This AGREEM�NT, including its attachmen#s an� schedules, canstitutes th� entire AGR��MENT,
supersedes all prior written or oral understandings, and may nnly be changed by a written amendment
execUied by bath �arties. The following attachments and schedules are hereby made a part of this
AGREEM�IVT:
Attachment A -Scope of Serviees �
Attachment B -Compensation
Attac�rr�ent C-Am�ndm�nts tQ Standard Agresment for Engin�ering 5ervices
Attachment D -Project Schedule
r�r.����
. :�/) . - ,
� � �- ; ; . .�-�,.
GfEoria Pear's,�rs�
City Seereta�-y
��l /) ����
Contract A�thorization
� /� ' ��
Date
APPROVED AS TO FORM
AND LEGALITY
�
,4ssistant City Attorney
M391
CITY OF FORT WORTM
_�� ,��.�
i
Assistank City Manager
APPROVE�
' .� — . _
; ��: � - � - ��
� ` -� `"�m1 � "'�-�
A. Douglas Rader�iaker, P.E.
Director, Engineering Department
CARTER & BIJRG�SS. 1NC.
ENGINEER
� •_ ! , ���
�y: `_ - � :
- Th�d B. �ri�n��eti �
Ser�ior Vice President
n �� �r
N:�job10112171misc1D1121714.sa1.doc 13 of 13
� , ... �
. - ,:;
i.. � . .
. �,,
��.
Af�achmenfi "�►"
Sco�e of Services
As part of this project, Carter & Burgess will provi�e ihe following services in the
devefopmer�t and preparation of the final plat document for T�xas Mator Speedway and
adjoining properties:
1. Research public records and plans to identify ownership o�F subject property
and easements and rights ofi ways necessary for the development documents
necessary for the preparation of boundaries and pfat documents for
considerafion �y Fart Worth city staif and Forf VIlorth Sports Autharity.
2. P�rform on the ground surveys n�cessary to verity the existing exterior {oop
and connector roadways that provide public access to the facifity that will be
owned by, and maintained by the Ciijr of Fart Wor#h.
3. Pertarm property surveys to accurately doc�ment proper�y limits of the
faciliiy and adjaining praperties as established by praperty acquisition deeds.
and condemnation cou�t rulings and stake property boundary corners.
4. Prepare documenis and make applicaiion for the abandonment o# the
existing Couniry Lane subdivision pla# and assoeiated rights of ways and
easements with the Fork Worth Pian Commission.
5. Prepare final plat docum�nt to dedicate streets, easements and access ways
and submit for cor�sideration and process fior final action and fili�g with the
City and Denton Caunty.
6. Pre�are releaselabandonment documents (approximately 2fl) far easements
and rights of ways that were dedicated by separate instrument and no longer
affect the subject property, and submit to appropriate utility companies and
pipe[in� companies and negotiate final aetion.
N,1 m ktg 1021 1 9 01021 1 1 900 1. at 4. dac
�eii,ACFiI�Y�i�T �
co�c���s����on� ��� �c���u��
iexas Mo#or Speedway �°inal Pla�
�. Compensation
a. The ENGINEER shall be compensated a total lump sum fee of $45,40a.00 as
summarized on Exhibit "B-3". Payment of the total lump surn fee shall be considered
fulj compensation for the services described in A#tachment "A" and Exhibit "A-1"for
alf labor, materiais, suppl�es and equipment necessaryto complete the project.
b. The ENGINEER shall be paid 9n three part9a� paymEnts as described in Exhibit °BT1"
upon receipt af three individual invoiees from the Engineer. In this regard, the
Engineer sha[I submit invoices for three partial payments as described in Exhibit "B-
1" Section 1-Method of Payment, Items a and b.
EacF� invoice is to be verified as to its accuracy and com�liance with the t�rms afthis
cantract by an officer of the Engir�eer.
Each invoice is to be verified as to its accuracy and camplianc� with the terms of this
contract byan afficer ofithe ENGINEER.
c. In the event services beyond thase specifically autlined in Attachm�nt "A" are
required and a�th�rized by the CITY, then said services shall be provided on an
hourly basis with an au�horized nat to exceed budget based on fhe rates outlined in
Exhib�t B-2.
N:Ioh102119p1ariachmenlq.doc � l � �
��bI�IT �01
�su����n��r�-�-ro �rr�cr�rw�wY "B"�
�'exas I�liofor �peedway �inal �lat
1. Method of Payr�enk:
The Engineer shall be paid in three {3) partial paymenks as outlined below:
Partial Payment No. 1, which shall be eguivaient to 80°Ia of the total lump sum fee, shall be
payable after suhmittal tn the Develapment Department, City of Fort Warth of the finai plat
application and assaciated supporting documents.
Partial Payment IVo. 2, which shall be equivalant ta 90% af fhe total lump sum fiee, less previous
payments, shall be payable aftar resubmittal of the Final Pfat ta the City for final appro�a[ City
approval af Exhfbit "A-1", Part B, Sectian �h, preliminary submittal to City.
Partial Payment No. 3, which shall represent the balance af amines, less pre�ious payments, shall
be payable upon filing the Final Plat with Denton County. �
N:IJOB19717291RPT1971729Q1. RQ'[ B�2 �1)
�xHiBir Bdz
(SUPPI��AiIERlT 70 AY7ACbM�NT "B")
HOIJI�L,Y SA�ARY COSi RAPICE
�'exas �Vlotor 5peedway �inal �laf
Average Ho�rfy Salary � Hourly Salary Range
Principal
Assaciate Principal
Associate
Branch Manager
5enior Prajec# Manager
Project Ma�ager
Senior Engineer
Englneer ll
�ngineeri
Ssnipr Environmental Scientist
En�ironmenial Scientist
5enior Cnnsultant
Field Representative
Consultant
5enior Architect
interior Designer I
AfChIfBCf ��
Architect I
Sen9or Planner
Planner ll
Planner I
Geologist
GIS Specialist
GI5 Manager
Survey Manager
Registered Public Surveyor
Survey Crew Chief
5urvey Project Manager
Survey CADD l,iaison
Survey �'echnician
CADD System Manager
Netwark Administrator
Party Chief ll
Par�y Chief I
Instrumentman Il
Instrumentman I
Estimator
Rodman
Lead Designer
5enior Designer
Designer
CADD Qperatar
CADD Drafter
Computer Systems Manager
Chief Drafter
Senior Drafter
Drafter
Word ProcessorlSecretary
$59.46
49.26
40.83
�48.86
38.48
31.05
31.32
26.81
20,11
26.44
16.23
33.47
20.63
24.Q4
31.42
13.70
23.34
17.94
25.68
i 9.'I 1
'! 7.13
19.86
15.39
28.85
30.96
25.OD
20.40
25.10
23.50
'16.27
31.25
2�.27
18.71
73.A6
10.59
10A3
30.50
6.40
23.69
Z'i.44
17.96
14.D9
1 �4.78
26.59
13.9'I
18.1 'f
14.55
14.'I5
$37.5Q
42.31
23.5$
46.00
27.40
19.47
23.73
'17.79
12.64
25.48
16.23
31.49
�s.oa
21.15
24.28
13.70
19.23
12.00
23.Q8
'f S.BD
19 .55
19.86
15.39
28.85
26.76
25.00
20.44
19.23
23.50
10.54
28.85
1 �4.42
15.757.3
D
9.DD
7.50
30.50
6.00
16.59
13.46
'13.QQ
9.i9
s.00
23.08
9.a0
13.83
8.35
11.5a
- 98.56
- 64.90
- 64.90
- 52.50
- 50.00
- B5.D4
- 44.'f �
- 41.35
- 42.79
- 27.40
- 18.23
- 35.1 Q
- 2S.OQ
- 27.89
- 40.87
- 13.70
- 34.E}0
- 29.33
- 27.89
- 24.04 .
- 24.86 '�
- 19.8fi
- 9 5.39
- 28.85
- 33.65
- 25.OD
- 20.40
- 29.81
- 23.5Q
- 22.90
- 33.85
- 21.15
- 26.25
- 2Q.00
- 9 6.30
- 14.50
- 3Q.50
- 7.15
- 30.77
- 27.88
- 25.24
- 19.Q0
- 2�,oa
- 32.69 i
- 18.62
- 23.50
- 19,65
- 17.40
N:iJ0619 7 1 7291FtPT197172909 , R0�
REIMBURSABL� �XPEN5E5
s-2 (z}
1. Automobile Mileage
2. FAX Cost
3. Rsproduc#ion
a. l��otting
5. Caurier Gharges
6. Postage
7. Tefephone
34.�¢Imile
$1.00lpage
Produced in-house at commercial rates
Color - $12.50
g�vv - ��.oa
Actual Cost
Actual Cost
Actual Cos#
i�l:IOH1021190WTTACHMENTB.DOC B -2 f3)
�xHr�i�r ��s
(SUP�L�141t�Ni 70 AiTACHM�NT "�")
�COp� Of SEI'VIC�S
A. Final Plat Preparation
Pro�osed MIWBE
S�bconsult�nts
PROJ�C7' ��� C05Y SUMMA�Y
iexas lVlo#or 5peedway Fina! Pla�
Fee
��rJ,�d�.��
Services
MIWBE %
10%
Fees
ANA Consultants, 1..L.C.
Surveying
$4,500.�0
N:lOH102i 1901ATTACNMENTB.�OG B-3(1)
ATiACHMEiVi C
,AI�Y�R3�M�1�Y� Y� �F�iI���S IV, V �►N� VI
iexas �Aator Speedway �inal �lat
None required.
�►���O�i����� �
Projeck Notice to Proceed
Propertyl�oundary Research
Fina1 Pfat Preparafion
Final Piat Submittal
City Revisw
Plat Filing
��:�.���� ��{'������
�exas Mofior Speedway Final Plat
12/15/01
12115I01 —1194102
� 19 �4102 — 311 5102
3125102
3125102
5110/02.
02�OBo0� 03:51pm Fro�-ANA Cansultants 1B1T33599�6 i�4fi3 P.Oa/D� P-629
�.N.�. c����Li�hli�, L.L.�.
ti7ati R�ver R�,n 5uire r� 6qq '�crt Wortry iaxae 761A7 PH= (817}•335-s900
AU�'HBF��ZA�iI�lN FC�� P������1�NA�, ���l�1C��
P�tOJ��T N�i�: Texas MotQr Spee�way Final Piac
�ROJ�eT w�. a�-a��a
Gl�L�R1T; C,Ai�i��t �'s �IJ�CgE ,a
I��DR�S�: 1�7 Main Street
F� wa�n. Texas 7��a2
�GOp�; Pr�vic#e s�vcces as d�rect�d by TF�ad Bf�lfldlett of his d�i�g�te
CQ1119��N5A�'IOTE: 9a.flD�kiR-2 Man ��4d crew.
'l00 afliF�R-3 Man fi�ld crew.
1�OAO/HR GPS crew.
65.RO�t�R-�uNey iechnician.
9� 00/#���R �' L.S.
�QT i0 �X���.@: �a,5Q0 OQ
I�techni�al or p����s�ian�l serrvi��� �re f��ni�hed 1ay an a�etsfde s�urc$, a� additiar�ai �9�% �ha1i be
added ta gF�e �n�t �'� th� s�rrr�6�� fot� A.Id.A. �ansu{fartes, L.�..C.'s admi�Fstr�tiVe eo�t�.
Serroices c�vared �y thi� �utF��ri�tion �hall �� p�r��rm�d i� accordane+� wit�h f�ROV�SI�i�� �tat�d
gn tF�� at�a�hed form.
AppP v f r �Ni
�`_ r
�
�ad Brundre#C, P.�.
TiU�.�. �}'ice. �(���+�!r1_
Date; ��7fda, _
Ac�epte far .�. C�n��IY� , L,L.C.
�y .
��i�e B. l�rrott, R.F'.1..�.
Tit4e' Vic� �r�s�aent
�atg. _�2JQi�12�02
�:1S�lRVEYIjom1C�STL%l6SMbY�7RAU .WP� - . . �xcailence in Surveying
Crty of'�'ori bTlo�i�i, 7'�c�s
�`` � �,� i_ «' � �, i �' 1 i �
�o �n�������
DATE � RE�ERENCE [�UMBER � LOGNAME
z1121o2 C�1 �9��
20SPEEDWAY
PAGE
� af 2
sua,�Ec� AWAR� OF CONTRACT TO CARTER & BURGESS, ING. FOR FiNAL PLA'iTING AND
RELATED SURVEY SERVICES ASSOCIATED WITH THE TEKAS MOTOR
SPEEDWAY
RECOMMENDATION:
It is recflmmended #hat the City Council atathoriz� the City Manager ta exec�te a contract with Carter &
Burgess, Inc. for plattir�g and survey senrices associated with the Texas Motar Speedway for a lump
sum fee af $45,aao.
DISCUSSION;
On December 17, 1996 (i�ll&C G-15830}, the City Council appraved #he amended Master Agre�ment
with the Fort Worth 5ports Authoriiy, fnc. and Speedway Matarspar�s, lnc. At tF�e time of fhe
canstruction of the Texas Mator Speedway, f�nal platting was not perFarmed. B�cause o� recent
development in the area, it is now necessary to have the plat preparecl and fifed.
At the request of the City of Fort Worth, Carter & Burgess, lnc. will perform the fofiowi�g work:
� Research ownership, easements, and �ight-ofi ways necessary far the preparatinn of boundaries and
plat documents; and
� PerForm on the graund surveys necessary ta �eriijr the existing exterior loop an� connec#ar
roadways that provide access to the facility that ar� maintained by the City a# Fart Warth; and
' � Pertorm praperty surveys to accurat�ly document property limits of the facil9ty and adjoining
� pro�erties as established by property acquisition deeds and co�demnatian court rulings and
stake property �o�ndary corners; and
�
, � Pre�are documents and make application for the abandonm�nt ofi the existing Country Lane
subdiwrisivn plat and assaciated right-of-ways and easements; and
i
� Prepare final plat documents to dedicate streets, easements and access ways and submit for
� co�sideration anci process for fnal action and filing w�th the City of Fort Worth and De�ion
i County.
Staff neg�#iated with Car�er & Burgess, Inc. and established a lump sum fee of $�S,OOD for the services
to be pravided. Gity stafF considers this fee fia be fair and reasonable for the wark to be perFormed, and
' that it is an eligible project expense to be funded from the original Texas Motar Speedway Street
lmprovement Fund,
� Carter & Burgess, lnc. is in compliance wiih the City's MlVIlBE Ordinance by committing to 10% MIVIlBE
participativn. The CitV's gaal on this proiect is 1 p%. _ _.. .. _ _
�'iiy o��''ort i�'o�t�i, T'exacs
I��y�� �nd �������
C� ���������
DATE REF�RENCE NUMBER LOG NAME PAGE i
2112102 - ��°� $��� � ZOSPEE�WAY w 2 of 2
SU�J�CT AWARD OF CONTRACT TO CARTER & BURGESS, INC. FUR FINAL PLATTING AND
RE�ATED SURVEY SERVIGES ASS�CiATED WlTH THE TEXAS MC7TaR
SPEEDWAY
This project is located in COUNCIL DtSTRICT 2, Mapsco 643K.
FlSCAL INFORMATS�NICERT4FICATiON:
Th� Finance Director cer�ifies that funds are available in the current capital budget, as apprapriated, of
the Texas Motor S�eedway Street Impro�ement �und.
MG:k
3z�bmit�ed for City Manager's
Office 6y:
� FUND � ACCOLJNT � C�NTER � AMOUNT
��o� - - - - --
CITY SECRETARY
Mike Groamer
Uriginating Depa►rCment Head:
Dou�;las Rademaker
6140
6157 � (�rom)
_�
�
� APPROVED 021 i 2102
City vf �ort` bV'or�ih� T'exas
�� � � �n�L � ��� � i �
Y
�o t���c�t��r�
DATE R�FERENCE NUMB�R LOG NAM� PAG�
21� 2102 �-°� �959 '
�OSPEEDWAY � 3 of 2
SUBJECT AWARD OF CONTRACT TO CARTER & BURGESS, �NC. FOR FiNAL PLATTIf�G AND
RELATED SURVEY SERVICES ASSOCIATED WITH THE TEXAS MOTOR �
SPEEDWAY ,
� ` C'!14 531200 � 020114136231 $45,0OO.OD I
Addirional Iuformaliao Cantact: I j
6157 � i �
Douglas Radernaker -
City of .�'ort T�orth, T'eacas
�a�or ��nd GounGil G�r�r�ur������on
DATE REF�RENCE N�MBER LOG NAME PAGE
���xlp2 �_��g�g � 205PEEDWAY � 1 of 2
sua.��cT - AWARD OF CONTRACT TCi �AF�TER � BURGESS, INC. FOR FINAL PLATTtNG AN�
� RELATED SURVEY SERVICES ASSOCIATED WITH THE TEXAS MOTOR
SPEEDIN'AY
REC�MMENDATION:
It is recomme�ded that ths C�ty Counci! autf�orize th� City Manager #o execute a contract wi#h Carter &
Burgess, lnc. far plattir�g and s�rvey services associated with the Texas Motor Speedway far a I�mp
sum fee of $45,QaD.. .
DISCUSSION:
On December 17, 1996 (M&C G-1�830), the City Council approved #he amended Master Agreement
with �he Fa�t Worth S�arts Authority, Inc. ar�d Speedway Matorspflrts, Inc. At the time of �h�
constructian of the Texas Motor Spee�way, fina! platt�ng was not performed. Because of recent
deveiapme�t in the area, it �s now necessary ta have th� plat prepared and filed.
At the request of the City af Fort Worih, Ca�ter & Burgess, inc. will perform the following work:
@ Research c�wnership, easements, and righi-of-ways n�c.�ssary for the preparatio� pf boundaries a�d
plat documents; and .
o PerForm or� the grou�d 5UN@j/S necessary to verify ihe existir�g exterior loop and connector
roadways that provide acc�ss ta the facifiiy tha# are mainfiained by the Gity of Fart Warth, and
� Perf'orm property surveys to accurately document �roperty limits of the facility and adjoini�g
propert�es as established by property acquisition deeds and condemnafian court rulings and
stake property boundary corners; and
� Prepare documents and make application for the abandonment of the existing Coun#ry i�ane
subdivision plat and associated righ#-of-ways and easements; and
� Prepare final
consideration
County.
plat documents to dedicate streets, easemenis and access ways and submit far
ar�d process far final action and filing with �he City of Fari W��th and Denton
Staff negatiated with Carter & BUrgess, jnc. and estabiished a lump sum fee of $45,000 for the services
ta be provided. City staff considers this fee to be fair and reasonable fiar the work ta be pertarmed, and
that it is an efigEble project exgense to be f�nded fram the origina! Texas Motor 5peedway 5treet
Improvement Fund.
Carier & Burgess, Inc. is in campliance with #he City's MIWBE Ordinance by committing to 10% MIIIVBE
participatian. The City's gaal or� this project is '10%.
.,
.
�
.
Crty of '.1�o�t b�orth, Texas �
�'I��or ��d Gour���l �om�u�rc�-tio�
DAT� REFER�I�CE NUMBER LO� NAME PAGE
2112102 �n� g9�9 20SPEEDWAY Z of 2
SUBJECT AWARD OF C�NTRACT T CARTE� & Bl�C3�S5, IN�. UR F1NAL PLATTING AND
RE�.ATED SURVEY SERVlCES AS50CIATED WiTH THE TEXAS M�TOR
SPEEDWAY _
This project is locate� i� CbUNCI� DiSTRICT 2, Mapsco 643�.
FISCA�. IN�'ORMATl4NICERTIFICATi�N:
The Finance Directnr certifies t�at funds are ava�la6le in fhe current capital budget, as ap�ropriated, of
the Texas Ma#or Speedway Sireet Improveme�t Fur�d.
MG:k
Submltked for City Manager's l�'UND rACCOUNT , CENTER � AAIOU�iT CITY SECRETARY
Of�ce by: � (to) —
M ike Groomer G 140
Originating Department Head: �
I�auglas iiademaker 6I57 ({from) APPRO'V�D Q2112/Q2
1 C114 _ 531200 020914136231 $45,OOOAa
AdditionAS informutian Contuct:
Douglas Rademaker 6157 �
.�
• t