HomeMy WebLinkAboutContract 27571CITY O� �ORi W�RiH, i�XA►S �ITY S�C�E"T�R�
sTs����� �����r��N� ��R C�NsuLi������ s��ACT NO.
T�is AGREEMENT is be#ween the City of Fort Worth (the "ClTY"), and EDAW, Inc., (the
"CONSULTANT"), fiar a PR�JEC7 generaNy described as: PCanning, Urban Design, and
Engineerir�g Services for the redesign of Laneaster Rvenu� from IH-3�W to Hendersan Stree# and
oiher related streei imprflvements on Main Street, Jennings Avenue and Hemphill Street.
�►rticle 1
Scope o� Services
A. The 5co}�e of 5e�vices is set forth in Attachment A.
Article ll
Compensat�on
A. The CONSULTANT's camp�nsation is set for�h in Attachment B.
Article Ili
ierms af Payment
Payments to the C�NSULTANT will �e made as follows:
�1. Invoice and Paymenfi
(� ) � The CONSULTANT shall pra�ide the C1TY su�cient documentation �v
reasonabiy substantiate ihe invoices.
(2} Manthly invaices wi1{ �e issu�d by the CONSULTANT for all work perfarmed
undsr #his AGREEMENT. Invoices are due and payable within 3�] days �f
receipt.
(3) Upon compleiion af services enurnerated in �lrticle 1, the final payment of
any balanc� wiN be du�: within 30 days of race�pt flf the fiinal invoice.
(4) In the event of a disputed or cantested �ifling, only that portiar� so contested
wi{I be withheld iram payment, and tF�e undispUied portion will be paid. Tk�e
CiTY wi�! exercise reasonableness in contesting any bill or portion thereof.
No in#erest will accrue an any contested p�rtion of the bi{ling until mutuaNy
res�lved.
�5} �f the CITY fails ta make payment in full to the C�NSULTA�iT �or bi{lings
contested ir� good faith withE� 60 days of the amount due, tE�e
CONSU�.TANT may, after gi��ng seven (7) days' written notice to C1TY,
suspend services under this AGREEMENT until paid in ful1, including
interest. ln the eve�t of suspension af services, the �ONSULTANT shalf
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have no 1iab91ity to CITY for d�lays or damages caused the CITY because of
such suspension of s�rviees. �
Article 11�
Ohl�ga#ions of the COPlSIJ�iAA�i
Amendments to Articfe IV, if any, are included in Attachment C.
r4. General
The CDNSUL.TANT wifl serve as the CITY's professional representative under this
Agreement, providing professional consultation and advic� and furnishing
customary servic�s inc�dental thereto.
�. Standard of Care
The sta�dard of care applicable to �he CONSU�.TANT's services will be the degree
of skill and diligence r�ormally emplayed in the State af Texas by p�ofessianal
consuitants performing the same or simiiar services at #he time such services are
performed. A11 design plans sf�all b� pr�pared k�y, or under t�e direct superv9s�on
of, a Texas licensed professional er�gineer and all landscape archit�cture design
under Texas licensed landsca}�ed architect.
C. 5ubsurface Investigafians
{1) The CONSULTANT shall advise #he CiTY with regard ta the nece5sity fior
subcantract work such as speciai s�rveys, tests, test borings, or ather
su�surFac� investigatior�s in connection with design �nd engineering work to
be perfarmed hereunder. The CONSULTaNT shall also advise the GITY
cancerning the resu(ts of same. Such surveys, tesis, and investigations
shaH be furnished �y the CITY, uniess otherwise spacified in Attachment A.
(2} {n soils, foundation, groundwater, and ather subsurface irt�esfiigations, tF�e
aetual characteristics may vary significantly between successive test points
and sample intervals and at Eacations other than where c�bservatians,
exploration, and investigations l�aWe been made. Because of the inherenf
uncertainties in subsurface evaluations, changed or unanticipated
un�erground conditions may occur that could affect the totaf PROJECT cQst
andlor �xecution. Tnese con�9tions and cosU�xecution effects are not the
responsibility of ihe C�NSUI.TANT.
D. Preparation of 9rawings
The CONSU�.TANT wili pro�id� ta the CITY the original cirawings af alt �Eans in ink
on reproducible plastic film sheets, ar as otherwise approved by CfTY, wh�ch s�al!
hecame fhe property of iF�e CfTY. CITY may use such drawings in any rnanner it
efesires; pravided, however, that the CDNSULTANT shal! nat be liabie for the use
af such drawings for any praject other than the PROJECT described herein.
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�. CDNSI]�.iANT's Personnel at Construction Sife
(1) The presence or duties of the CONSULTANT`s p�rsor�nel at a constructian
site, whether as an-site re�resentatives or otnerwise, do not make the
CONSULTANT ar i#s persort�el in any way responsible far �hc�se duties t�at
belong to the CITY and/or the ClTY's construct9on contractors or other
entities, and da nat relieve the canstructian contraciors or any oth�r entity of
their abligations, duties, and responsibilitias, including, t�ut nat limited to, a1!
construction methads, means, techniques, sequences, and procedures
necessary for caordinating and campleti�g all �ortions of the construction
worlc i� accordance witt� the Cflntract Documents and any �eaith or safety
precautions required by such canstruction work. The CONSULTANT and
its personnel have no autharity to exercise any control ov�r any construction
contractor or other enti'�y or their employees in connectio� with their work ar
any hea{th ar�safety precautinns.
{2) Except to the exte�t of specific site Wisits expressly defaifed ancf sei forth in
AttacF�ment A, the CONSULTANT or i#s personnel shall have no a�ligation
or respansi6i{ity to visit the canstruction site ta become familiar with the
progress or quaiity af t�e completeci wark on the PROJEC� or to determine,
in ger�eral, if the work on the P�OJECT is being perFormed in a manner
indicating that the PROJECT, when cor�ple#ed, will be in accord�nce with
the Contract Documents, nor shall anything in the Cantract Documents �r
the agreement between CITY and CONSULTANT be canstrued as requiring
CONSULTANT tn ma�C� exhaustive or confinuous on-site inspectians to
discover latent defiects in fhe wark or atherwise check the q�afity ar quantity
of the work on the PRO.�ECT. If, for any reason, the CONSULTANT should
make an on-site observation(s), on the basis ofi such on-site observations, ifi
any, ihe CONSULTANT sh�l1 endea�or to keep the CITY infvrmed of any
dev9ation from the Contract Dacuments coming fo the actual notice of
CONSULTANT regarding the PROJECT.
(3} When prv#essiana6 cer�ificatian or performance or characterist9cs of
materials, systems or equipmeni is reasonably required to pertorm #he
services set forth in the Scope of Services, the CONSULTANT sha11 �ae
entitled to rely upon such c�r#ificatian tc� establish materials, systems or
�q�ipment and performance criteria to �e reauireci in th� Cor�tract
Documents,
F. Clpinions of �robable Cast, Financial Consideratrons, and Schedules
(1) The CONSULTANT sY�al! provide opinions of prabable costs basEd on the
current available information at the time of prepara�io�, in accordance with
Attachment A.
(2} !n praviding opinio�s af cast, financial analyses, economic feasPbility
projections, and sehedules for fhe PR�JECT, the CONSULTANT has nQ
control aver cost or price of labor and materials; unknown ar later�t
conditions of existing equipment vr strUctures that may affeet operafian or
maintenance costs; competitive bidding procedures arrd marke� conditions;
��me nr quaiify or performance by third parties; �uality, type management,
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or direction of operatir�g persc�nnel; and other ecanomic and operatEonal
factors t�at may materially affect ths �ltimate PRO.lECT cast or schedule.
Therefore, the CONSULTANT makes no wa�ranty that fhe C1TY's act�ai
PRO�lECT costs, financia! aspecfs, ecor�omic feasibility, or schedules will
not vary fram the CONSULTANT's opinions, analyses, projections, or
estimates.
�. �ons�r�ction Progress f�ayments
Recomme�datior�s by the CONSULTANT to tne CiTY for periadic construction
progress paymsnts to the construc�ion contractor will be based on the
CONSULTANT's knowiedge, information, and belief #rom selective sampling and
observation that the wark has progressed to the paint indicated. Such
recommenda�ions do not re�resent that continuous or de�ailed examinations have
been made by the CONSULTANT to ascertain that #he constr�ction contractor has
compleied t�e work in exact accnrdance with the Contraci Documents; that the final
work wilf be acceptabie in aH respects; t�at the CONSULTANT has made an
examination to ascertain haw or for what purpose the cor�struction eontractor has
used the mor�eys paid; that titie tv any of ihe worlc, materials, or equipment has
passed to the CiTY free and clear af lier�s, claims, security inte�ests, ar
�ncumbrances; or that t��re are not other matters at issue between the CITY and
ihe consfruction contractor that affect th�e amount that should fae paid.
�I. i�ecorci Drawings
Record drawings, if required, wi11 be prepared, in part, an the basis of in�ormatian
compiled and furnEshed by others, and may not always re�res�nt the exact iocation,
type af various components, or exact manner in which the PROJECT was fnally
canstructed. The CON5UL7ANT is not responsible for any errflrs or amissions in
the information from others that are incorparated inia fhe reeord drawings.
{. Minorify and Woman �usiness �nterprise (MNV��) Participation
In accord wi#h the City of Fort Worth Ordinance No, 11923, as amended by
Ordinance 13471, fhe CITY has gaals for the part9cipa#ion of minority business
enterprises and woman business enterprises in CITY con�racts. CON.SU�TANT
�cknow#sdges #he MIWBE goal esfablished for this contract and its commitmant to
meet that goal. Any misrepresentation of �'acts (other than a neglig�nt
misrepresentation) andlar �E�e commission af fraud by the G4NSULTANT may
result �n the termination nf this agreement and debarment from participating in CITY
contracis for a period af time af nat less than three (3} years.
.!. Right to Audit
('f ) CONSULTANT agrees that the CrTY sha11, until the expiratfon of fo�r (A�)
years after fi�al payment ur�der this contract, have access ta and the right ta
examir�� and phatacopy any directly pertinent boaks, documents, papers
and records a� ihe CONSULTANT involving transacfions r�lating to this
contract. CONSULTANT agrees thai t�e CITY shall �ave access during
normal wvrk9ng hours ta ali necessary GQNSULTANT �acilities and �hal1 be
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pravided adec�uaie and appropriate wo�kspace in order to conduct audits i�
compliance with the pro�isians of this section. Tne CITY sha11 gi�e
C4NSULTANT reasonable advance notice of intended audits.
{2) C�NSULTANT further agrees to include in a!l its subcansultant agreements
hereunder a provision to t�e effect that the subcansultant agrees that the
CiTY shall, unti! the expira#ion af faur (4) years after final payment under the
subcontract, ha�e access to and #h� right ta examine and �hotocopy any
directly pertinent boa#cs, documents, papers and records of such
subconsultant, invalv9ng iransactions to the subcontracf, and further, that
the CITY shall haue accs�s during normal vuarking hours io ail necessary
subconsultant facilities, and shaH be provided adequate and appropriate
work spac�, in ord�r to conduct audits in campiianc� with k�e provisians of
this article together with subsection {3) hereof. CiTY shall give
subconsultant reasanable advance notice of int�nded audits.
(3) CONSULTANT and subcorisu{tanis agree to photocapy such docum�nis as
may be req�ested by the CfTY. The CITY agrees to reimburse
CONSULTANT for the cost of capies at the rate published in the Texas
Adm�nistrative Code �n effect as af the time capying is performed.
K. C�F1S�J�TARI I'S {nsurance
(9) Insurance caverage and limits:
CONSULTANT shaH pravide to the CITY certi�icate(s} of insurance �ocumenting
policjes of the following coverage at minimum limiis, which are to be i� effect prior
to cammencement of w�rk on the PROJECT:
Commercia! General Liability
$1,Ofl0,000 eaeh occurrence
$1,000,000 aggregate
Automobile Liabifity
$1,004,OQ4 each accident {or reasor�ably eq�ivalent limits of coverag� if written on
a s�lit limiis basis). Cnverage sha{I b� on any vehi�le used in the caurse af the
PROJECT.
Worker's Compe�sation
Coverage A: s�aiutory limits
Caverage B: $100,004 �ach acc�dent
$500,000 disease — policy limit
$100,aa0 disease — each employee
Profiessianai Liability
$1,000,400 each c{aimlannual aggregate
(2) Certi�cakes of insurance evidencing tha# the GONSULTANT has obtalned
all re�uired insurance shall be delivered to tl�e CITY prior to C4NSULTANT
proceeding with the PR�JECT.
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(a} Applicable polic�es sha11 be enforced to name the CITY ar� Additianal
insured thereon, as its interests may appear. The term CITY sha11
include its emplayees, afficers, officia�s, agents, and volunteers as
respects the contracted s�rvices.
(b} Certificate(s) of ir�surance shall document fha� insurance caverages
speci�ed according to Section K.(1) and K.(2} of this AGREEMENT
are p�-ovided under applicable policies dacumented therean.
(c} Any failure or� part of the CITY to request requir�d insurance
dacumentation shall not canstitute a waiver of the insura�ce
requirements.
�d) A minimum af thirty (3�) days notice of cancelkaiian, non-renewal or
material Change in coverage .shall be pravided to the CITY. A ten
(10) days notice shall be acceptable in the euent of non-payment of
premium, Such terms shaH be sndors�d anto CONSULTANT's
Insurance policies. Notice shall be ser�t #o Hugo Malanga, P.E.T
Direcfvr, TransporkationlPubiic Works �epartment, City af For�
Worth, i0a0 Throckmorton, Fart Warth, Texas 761�2.
(�} insr�rers for all paiicies must be autharized to cia business in the
State af Texas or be otherw9se approved by the CiTY; and, s�ch
insurers shall be acceptable to the ClTY ir� #erms of the9r financia)
streng�h and �olvency. '
�f} Deductible limits, ar self insured retentions, affecting insurance
required herein may be accep#able to the CITY at its sole discreiion;
and, ir� lieu af traditional insurance, any alternative coverage
maintain�d througl� ins�rance ponls or risk retention groups must be
also approved, Dedicated financia{ r�sources or }etters of credit may
afsa be acc�ptabfe to the CITY.
(g) Applicabie p�lides shall eacf� be endarseci wiih a waiver of
subrogation in favor of the CITY as respects the PRD.IECT.
(h� The CITY shall !ae er�titled, upon its request and without� incurring
expense, to review the CONSULTANT's insurance policies including
endorsements thereto and, at the CITY's discretion, tF�e
CONSULTANT may be required to provide praof of ir�surance
premium payments.
(i) The Commercial General Liabi{9ty insurance poticy shall have no
exclusions by �ndorsements unle�s such are app�oved by the CITY,
(j) Th� Professional Liabiliiy insurance palicy, if written an a claims
made basis shall be maintained by the CONSULTANT for a
minimum two (2) year period s�bsequer�t to #i�e term of the
respective PROJECT contract with the CITY unless such coverage
is pra�ided the CONSULTANT on an accurrence basis.
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(k) The CITY sha�l not be respansible fnr the direck payment ofi any
insurance premiums require� t�y this agreemen�, It is und�rstoad
that insurance cost is an allawable component of CONSULTANT's
overhead.
{I) All insurance requiEed in Section K., exce�t for the Profess6anal
Lia�€lity insurance policy, shal{ be writien on an occUirence basis i�
order to be approved by the GITY.
�m) Subconsultants to tne CONSULTANT shall be required by the
GONSULTANT to maintain the same or r�asanably equivaler�t
insurance coverage as req�ired #or the CONSULTANT. When
insurance coverage is mainta9n�d �y subcansultar�ts,
C4NSUl.TANT shall provide CITY with documentativn th�reQf on a
certifieate of in�urance. Notwithstar�di�g anytl�ing io the contrary
contained here9n, in the event a subcansultant's insurance coverage
is cancel�d or terminated, such cancellation or termi�tatior� sha�l not
constitute a breach by CONSULTANT of the Agreement.
I�. Independent Cor�sultant
The COMSULTANT agrees to �ertarm a1i services as an independent consuftant
and no# as a subcontractor, agent, or emplayee of the CITY.
N1. �isclosur�
Tfi�e CONSULTANT acknowl�dges to the CITY that it has made full disclos�r� in
writing of any existing conflicts o� interest ar patential con#licts of interest, including
personal financial interest, direct or indirect, in praperty abutting ihe proposed
PROJECT and business relationships with abuiting �roperty owners. The
CONSULTANT further acknow(edges that rt wilf mal�e disclosure in writing of any
co�flicts of inferest, which develap subsequent to the signir�g af this contract and
prior to final payment under the contract.
iV. Permitfing �luthoritr`es — �esign �hanges
If permitting author�ties require design changes so as to comply with �ublished
design criteria and/or current cor�sulting practice standards which the
CONSULTANT should have �een aware of a# the time this Agreement was
executed, the CONSULTANT shail revise plans and specificatians, as required, at
its own cost ar�d ex�ense. However, if design c�anges are required due to the
cY�anges in the permitting auihorities' published �esigr� criieria andlor practice
standards criteria which are published after the dat� af this Agreement which the
CONSULTANT coufd not have been reasonable aware af, the CONSULTANT shall
notif� the CITY ot such changes and an adjustment 6n compensation will be made
thraugh an amendment to this AGREEMENT.
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/�riicle 11
Obligations of th� City
Amendments to Article V, if any, are included in AttacF�ment C.
A. City-�Ft�rnished Dafa
The ClTY wili make available to th� CONSUL.TANT ail technical data in #he CITY's
possession relating tc� th� CONSULTANT's services on the PROJECT. The
C�NSULTANT may rely upon the accuracy, timeliness, and complete�ess of the
information provid�d by the C1TY.
�. Access ia �ac�lities and �ro�er�y
T�� CITY will make its facilities accessible to t�e CONSULTANT as required fiar the
CONSULTANTTs perFormance of its services and wili provide labor and safety
equipme�t as rEquired by the CONSU�TANT for such access. The G1TY will
pertorm, at no cost to the C�NSt1LTANT, such tes#s of equipmeni, maehinery,
pipelin�s, and other componer�ts of the GITY's facilities as rriay be required in
connection with th�e CONSUL7ANT's services, The CITY wil} �e responsible far all
acts o# the CITY's personnel.
C. Adver�isements, �ermits, and Access
Ur�less otherwise agreed to in �he 5cape of Services, the CITY will obta9n, arrange,
and pay for a1k a�v�riisements #or bids; �ermits and licenses requirad by local,
stat�, ar federal authorities; and {and, easements, rights-of-way, and aceess
necessary for the CONSULTANT's services ar PROJECT construction.
�. �imely Review
Th� GTY will examin`e the CO�lSULTANT's studies, reports, sketches, drawings,
specifications, proposals, and other docum�nts; obtain advice of a� attorney,
insurance counselor, accauntant, auditor, bond and fEnanciai advisors, and otF��r
consulkan#s as ihe CITY deems a�propriat�; and render in writing decisions
requ�red by the CITY in a timely manner in accardance wit� th�e pro�ect schedule in
Attachment D.
�. Prompt Notice
The CITY wi�� give prompt notice ta the C�NSULTANT w�ene�er CITY observes or
becames aware of any dEvelapment that affects the scape or tim�ng of the
CONSLILTANT's services or af any defect in the wark af the CONSULTANT or
construct�on contractors.
F. Ashestos ar wa�ardous Substances and Indemnification
(1) T� ihe maximum extent perm�tted by law, �he CiTY will 9ndemnify and
release CONSULTANT and its oificers, employees, and subcontractors
fram all claims, damages, losses, and costs, inciuding, but nat limited to,
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attarney's fees and litigation expenses arising aut of Qr relating to the
presence, discharge, releas�, or escape �fi hazardoUs substancss,
cantaminants, ar asbestns an or firom the PROJECT. NotF�ing cantained
herein shail be constru�d to �equire the C1TY to l�vy, assess or collect ai�y
tax tn fund this indemnificatian.
(2) The indemnif�ca�ion and release require� above sha11 not appiy 9n the event
the discharge, release or escape of hazardous substances, contaminants,
ar asbestos is a result of CONSULTANT's negligence or if such �azar�o�ts
substance, contaminan� or as6estos is brought onto the PROJECT by
CONSULTANT.
C. Caniractor Indemni�icatian and Claims
The CITY agrees ta include in a{I construction c.�ntracts the provisians o� Article
IV.E. regarding ihe CONSULTANT's Person�el at Conskruction Site, and provisions
providing contractor indemnification of the CITY and the CONSULTANT for
contractor's negligence.
H. Contractor Ciaims and Yhird��arty �eneficiaries
�1) The CiTY agrees to inclu�� the following clause in all contracts with
construction contra�tors and equipme�t or materia�s suppliers:
"Coniract�rs, subcontractars and ec}uiprr�ent a�d materials suppliers on the
PRO,lECT, or their sureties, shall maintain no direct action against the
CONSULTANT, its afficers, emplayees, and subcor�tractors, for any claim
arising aut af, in connectia� with, or resulting from tF�e consulting services
performed. Only the ClTY will be the beneficiary af any undertaking by th�
CONSULTANT."
(2) This AGREEMENT gives no right or benefits to anyone other than the CITY
and the CONSULTANT and there are no third-party b�neficiaries.
(3} The C1TY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provisian t�at sucl� entity or �erson
shalf have no third-party beneficiary rights under this AGREEMENT.
(4) Nothing contained in this section V.H. shafl be canstrued as a waiver of any
right the CITY has to bring a daim against CONSULTANT.
I. CITY's Insurance
(1 } The CITY may maintain praperty insurance an certa9n pre-existing
strucfures associated with the PRQ.IECT.
(2) The C1TY wilf ensure that B�i�ders Risk/l�stallation insurance is maintained
at t�e replacemen# cost �alue of the PROJECT, The CITY may pravide
CONSUL.TANT a copy of the policy or documentatian ofi such on a
certificate of insurance.
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(3) The CkTY wil! specify that the Builders Riskllnstallation ins�rance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. �itigation Assistanc�
The Scope of Services does not Include casts ofi th� CONSUl.TANT fo� required ar
request�d assistance to suppart, prepare, document, bring, defend, ar assist in
litigation undertaken ar defended by the CITY. �n the �vent ClTY requests such
services of tMe CONSULTANT, this AGREEMENT shall be ame�ded or a separate
agreement will be nEgotiated between the par�ies.
K. Changes
The CITY may make ar approve chang�s within the general Scope of Services in
this AGREEMENT. If such changes affect the CONSULTANT's cast of or time
required for perforrrtance af the services, an equifable adjustment will be made
thraugh an amendment ta this AGREEM�NT with appropriate C1TY approval.
Article VI
�eneral �egal Provisions
Amendmenis tn Article V1, if any, are included in Attachment C.
A. Authorizafian ta �roceed
CONSULTANT shall be authorized to proceed with this AGREEMENT upon receipt
o# a written Notice to Proceed �rom the CITY.
B. Reuse of Praject pocuments
All designs, d�awings, specifjcaiians, documents, a�d otE�er work products of the
CONSULTANT, whether in hard capy or in electror�ic form, are instruments of
servic� for this i'ROJ�CT, rrvh�ther the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of tF�e
CITY o# any suct� instruments af s�rvice without the written permissi�n of the
CONSULTANT will b� at the CITY's sole risk. The final designs, drawings,
spacifications and documents shall be owned �y the CITY.
C. Fvrce �lajeure
The C�NS�LTANT is not responsibl� for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or oth�r e�ents beyo�d the control af
the CaNSULTANT.
D. Termination
{1) This AGREEMENT may be terminated only by the City for co�venience on
30 days` written notice. This AGREEMENT may b� ierminate� by either the
CITY o� the CONSULTANT #ar caus� if e�tE�er party fails subs#antialiy ta
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perform thraugh no fault of the oth�r and does nat cammence correction of
such nonperformance within five (5) days of .writte� notice and diliger�tly
comp{ete the correction thereafter.
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C.
If this AGREEMENT is terminated for the convenience of the CITY, fihe
CONSULTANT will be }�aid for termination expenses as fol{ows:
i2)
{a} Cost af reprod�ction of partial or complete siudies, pians,
spec9fications or other forms of CONSULTANT's work producf;
(b) Out-of-pocket expenses
microfilm, electronic data
services;
for purchasing starage containers,
files, and other data storage suppl9es or
(c) The t�me requiremer�ts for the CONSl1LTANT's personnef to
document the wo�k underway at the time the CITY's terminatio� for
cor�venience so thai the work effort is suitable for long time storage.
(3} Prior ta proceeciing with termination services, the CONSULTANT wil4 submit
to the CITY an itemized statement of all termination expenses. The CITY's
appro�af will be obtained in writing prior ta proceedir�g with termination
services.
Suspension, �elay, or Interrupfiion fia 1�Ilor€c
The CITY may susp�nd, delay, or interrupt the set`vices vf the CONSULTANT for
the convenience af the CITY. 1n the event of such suspension, delay, or
interruption, an equEtable adjustment in #h� PRO,lECT's scheduie, commitment and
cost of the CONSllLTANT's persanne{ and subcantractors, and C�NSULTANT's
campensation will be made.
lndemnification
(1) The CONSULTANT agrees to 9ndemniiy and defend the CITY from any
loss, cost, or expense claimed by third parties far �roperty damage and
bodily in�ury, including death, caused solely 6y the negligence vr willful
misco�duct of the CONSLJLTANT, its em�fayees, �fficers, a��
subcantractors in cann�ction wi#h the PROJECT.
(2) If the negligence or wil�ful misconduct of both the CONSULTANT `and the
CITY (o� a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cast, ar �xpense shall be shared between
the CONSULTANT and the CfTY in propartion to their reiative degrees afi
negligence ar willf�al misconduct as determined pursuant to T.C.P. & R.
Code, sectian 33.D� 1(4} {Vernon Supplement � 996).
Assignm�n4
Neither par�y will assign al� or any pari of this AGREEMENT without the prior
written consent of the oiher party. �
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H. Intierprefiation
Limitations on lia�ility and indemnifies in this AGREEMENT are business
understandings b�iween the partiss and shail appEy to a1E the different theories af
recovery, includi�g breach af contract ar warranty, tart including negligence, strict
or statutory liabiiity, or any ather c�use of actinn, except fdr will�ul misconduct or
gross negligence for limitations of liability and sa�� �egligence for indemnification.
Parties mean #he CITY and the CONSULTANT, ar�d their officers, employees,
agents, and subcontractors,
I. Jurisdic�ion
The law of th� 5tate ofi Texas shall govern the valid9ty af this AGREEMENT, its
interpretation and performance, and any other claims related to 9t. The venue for
any lit9gation related to this AGREEMENT shal� be Tarrant County, T�xas.
J. Alterr�afe 9rspute �esoiutian
.(1 } All ciaims, disputes, and other matters in question between th� CITY and
CONSULTANT arising aut of, or in connection with this AGREEMENT or
the PROJECT, or any breach of any obligation or duiy of CITY or
CONSULTANT hereunder, will be submi#ted to me�iation. lf inediation is
unsuccessful, the claim, dispute or other matter in questions shall be
submitted �o a�bitration if both parfiies acting reasonably agree that the
amour�t ofi the d9spute is likely to be less than $50,0�0, exclusiv� of
attomey's fees, costs and expenses. Arbitration shail be in acca�dance wi�h
th� Cans�ruction Industry Arbitration Rules of the American Arbitratian
Association or otf��r applicable rul�s of fhe Associafian ther� in eff�ct. Any
award rendered by the arbitratars less #Fta� $54,aa0, exclusive of attorney's
fees, costs and expenses, will be final, judgement may be entered #hereon
in any courk ha�ing jurisciiction, and will noi be subject to appeal ar
modification except #o the extent permittsd by Sectior�s 14 and 11 af t��
Federal Arbitration Act (9 U.S.C. Sections 10 and 11}.
(2) Any awar� greater than $50,000, exclusive ai attarney's fees, costs and
expenses, may b� litiga#ed by either party on a de novo basis. The award
shall become fiir�al ninety �90) days fram the date it is issued. If Eitigat�on is
filed by either party within said ninety {90} day periad, thE award shall
became null and void and shall not be used by either pa�y for ar�y purpose
in the litigation.
K. Severabifity and Survival
If ar�y af fhe provisions contained in this AGREEMENT are held fvr any reason to
b� invalid, illegal, or �rnenforceable in any res�ect, such invaNdity, ill�gality, or
unenforceability will nat affect any other provision, and this AGREEMENT shail be
construed as if such i�vali�, illegai, or unenforceable provision had never been
contained herein. Articl�s V.F., VI,B, VI.D, VI.H, and VI.J shall survive termination
af this AGREEMENT for ar�y cause.
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L. Observe and Comply
CONSULTANT shai� af all time observe and compiy wi�h ali federaf and Sfate kaws
and regulations anc� with all CITY ardinances and reguiations which in any way
affect this AGREEMENT and the wvr�C hereunder, and shall abserve and comply
with alf ard�rs, iaws, ord9nanees and regulations �rvhich may 8XE5t or may ba
enacied later by governing bodies t�aving jur9�diction or authority for such
enactment. No plea of misunderstanding or ignorance thereof sha�l be considered,
CONSULTANT agrees to d$fend, indemnifiy and hold harm�ess C17'Y and all of its
officers, agents and employees from and against all claims or liability arising out of
the violation of any such order, law, ardinance, or regulation, whether it be by itself
or its employees.
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Rr�icle lAll
A44achmenis, Schedules, and Signatures
This AGREEMENT, including its attachments and schedulas, cons#itutes the entire AGREEMENT,
supersedes all priar written or oral understandings, and may only be changed by a written
amendment execuied by both parties. The folfowing attachmen�s and sche�ules are her�by made
a part of th9s AGREEMENT.
Attachmenfi A— 5cflpe af Serrrices
Atiachment B — Compensatian
Attachmenk C — Special Pro�isions
ATT�ST:
,� � �
r'1..�� ' ,
�koria Pear n .
City Secreta� `
CITY OF �ORT WORTH
r - � u � ., ,��, � _� L �i �l l�i'�i
ridgette Garrett
Acting Assistant City Manager
APPROVED AS TO FORM
AND LEG LITY
�`
Gary Steinber�r . '
Assistant City Atiorne�
ATTEST:
1�
_�? � �.���.� _
Contract Authori�a�ion
� %� ���-
nat� .
APPROVAL RECOMMENDED
�, � �.
- ugo A. Malanga, P.E., Directar
Transportation and Public Worlcs
�
-14-
E
�
�
Faga, FA9�LA
n of th� Boar
• 1��V' ,i. . .� " T .
��� �� -��
ATTACHMENT A— SC�PE OF SERVTCES
PHA�E 2 LAI�CASTER AVENUE DESYGN
1-1��42
1�4TE. Th�s scope of services includes works previously completed by
COI��UL'T'AI�T and is nof intended to be duplicated.
This scope of services is far Design and Consiructidn Documents for the follavwing praject;
� Lancaster Avenue from Henderson Street to IH�35W;
� Extension of Hemptull Street fi•om Vick�ry Blvd. ta �,amar StreetlTaylor Street
{Pr�liminary Engirzeering only);
� Main Street Under�ass of th� Union Pacific Railroad from Commerc� Street to Vickery
Boulevard; and
• Jennings Avenue Underpass of the Union Pacifie Railroad fram Lancaster Avenue to
Vicl�ery BauIevard.
The CITY intends to use siai� and federai funding for the constn.icti4n of this prajeet. It shall be
the responsibility vf the CONSULTANT to determine, understand and utilize all design cniteria
in arder that the Texas Department of Transportatian can advertise, hid, awa�-d, and inspect this
praject consist�nt with the reqt�irements of these �unding sources. The CONSULTANT shall
rasalve any design differ�nces betvve�n current plans, CIT�' and/or State design standards.
All design plans shall b� prepared by, or under the direct supervision af, a Texas licensed
prafessianat engin�er wha is regular fui�-time employee o� a firm �regist�red in Texas.
It s�all be the responsibility af fkie C4NSU�,TANT ta provide desigr► plans and specificatians for
this project to be zeady for constructian consistent with the fallowing Saope of Services:
I. P120JECT MANAG�MENT:
A. Coordinata the project witl� t�e CITI', TxDOT and other affected organizations during
the development of the de�ign.
B. Perform general administration duties, including: coardination with subconsultants;
preparation af invoices; schEd�tling; record keeping; and file ma�agement.
C. Attend meeting� with officials frorn the CITY, T�cDUT, utility companies, railroad
carnpanies, municipalities, The "T", and other governmental agencies.
D. Oversee quality assurance and quality control {QAIQC} program. Each scheduled
submittal of plans to the CITY andlar TxIaOT shall receive Q.AJQG.
E. All wark shall be perforaned in accordance with all TxDOT Standards and Procedures for
�lans and specification.s, the GITY's Traffc Errgineerin� Desi�n Standards a�td Palicv
Guidelines, Stanr�ard Specificatio�ts for Street a�:d Storm Drafn Constructio�t. Starm
Dr�arna�e Criteria and lJesi��z Manual, TxDOT"s Sta�dr�r�d Specifcatioias �'ar �
Ca��si�ructio�x ofHi�hways. Street�, ar�d Brid�es, and Teaeus �lunur�l far Unifvrm
T�afFc Coratrot Deviees, latest editions. In th� cvent of conflicts with agency' st2tndards,
CONSULTANT shati resolve such differences.
F. Al� work shall h� performed in English units using Microstation and/or CAD farmai. All
plan sheets shall be 11" x 17" size. Additionai "full size" she�ts may alsa be provided.
G, Public Tnvolvement:
i. CONSULTANT shall prepare and mainfiain a database for use in the preparation
ofinesting announcement notices and info�national circulars for the project.
page 1
ATTACH1ViE�iTT A— SCaPE OF SERVICES
PHASE � LAi�CASTER AVEI�TUE DESIGN
1�1�d02 .
u. CONSULTANT shall prepare and mail meeting announcement notices to all
interested parties prior to each public meeting.
iii. CONSULTANT shall prepare and mail in�ormational cixculars to all interested
parties to inform them on the status of the project at key intervaJ.s throughout the
duration of the proj ect.
i�. CONSULTANT shall canduei 2 public meetings to review design stages o�the
project. CONSULTANT shall provide displays to convey d�sign alte�natives,
schedules, wayf"mding, and costs.
v. CONSULTANT shall canduct working group meetings, not to exceed six, with
CITY staff andlor 5teering Committee.
vi. CONSULTANT shall prepare manthly progress reports and maintain a project
web page linked to the CITY's Internet site.
II. SPECTAL SERVICE5:
1. FIELD SURVEYIl�TG1R.O.W. PARCELS (Surveyin� previously authorized}:
A. Establish horizontal and vertical control within project lirnits based on TxDOT and
CITY of Fort Worth data.
B. Establish centerline of Lancaster A�'enue.
C. Establish horizontal and vertical locations for soil borings.
D. Establish ce��terlines af intersecting �treets.
E. Perform topographic surveys deternuning the harizontal and vertical locatian of
topagraphic features, including:
i. Pa�ement, c�.irbs, medians, dri�eways, and sidewalks.
ii. Signs, fences, poles, and posts.
iii. Drainage structures including inlets, manholes, headwalls, and channels.
iv. Utility featur'es for �ire hydrants, manholes, water valves, junction boxes, etc.
F. Crass-Sections
i. Establi�h cross-sections at SO-foot intervals throughout the project length.
Additional sections shall be taken at si�nificant breaks in grade or at other
locations that shall influence design activities. Crass-sectians shall extend
25 feet beyond the existing R.O.W. lines, within the project limits.
ii. Intersectin� streets — Take cross-sections at the intervals described in the
item above on ali intersecting strcets. Cross-sections shall �xtend a
minimum 10� feet �eft and right of the existing R.O.W. of Lancaster
Avenue and in.clude all limits of the projeet.
iii. Draina�e courses — Take cross-sections at the int�rvals specified abave
along all drainage eourses. Limits of sections shall be fram 3Q0 feet
upstream to 300 feet downstream frorn th� roadway R.O.W. intersact�d.
iv. Sveci�c Utilities — After determination of possible conflicting utilities,
detailed survEys shall be made ta determine the specific locatian of these
uti�ities. Tlus scopE of work includes coordination with utility campanies
fox locating utilities {see Section III-4).
G. Obtain righ� o£ entry documer�tation for private property requiring surv�ying.
H. Provide the CITY with required right-of-way and easement limits.
I. Field-ti� existing right-of way rrionu�nentation. •
J. Fiekd-tie aif-site property corners. ,
page 2
ATTACHMEI�TT A— SCOFE OF SERVICES
PHASE � LAI�CASTER AVE1�TiJE DESIGi�;
1�15�02
K. Prepare �ight-of-way map.
L, Prepare individual parcel plats of planned right-of-way vacations and/or dedications
with all easements.
M. Prepare legal descriptions of each right-af way or �asement parcel,
N. IncoYporate right-of way data into project electranic files.
2. GEOTECHN�CAL TESTING:
Thc CONSULTANT shali provide standard geatechnical testing and report for pavement
and structure design, as �appropriate, and consistent with CITY and TxDOT standards.
3. ENVIRONMENTAL ASSESSM�NT (Previoasly authorized �nd fvnded):
The Natianal Enviranmental Policy Act o� 1959 {NEPA) requires agencies/prajacts
receiving federal funding �o cansider the envi�o�ental cansequences of proposed
actions and to inciude these considerations in the decision making process. The
Environmental Assessment (EA} shall be prepared pursuant to ASTM and NEPA
standards, the Texas Department o� Transportation (TxDOT� Project Development Policy
Manual and the TxD�T Project Development Process Manual. The tas�s are outlined
below:
A. Collect and reviery existin� �roiect znfarrnation and identifv data deficiancies. The
CONSULTANT shall obtain existing in£ormati�n on environrrtental conditions and
actions associated wiih th� proposed demolition and reconstruction activitie5 at ihe
proj�ct site. Information to be coliected sl�all include, but not be�limited to, existing
cultUral and Ius#arical records, c�ngineering reports, including ihe I-30 EIA and
HempkiilULamarlTaylor cannection EA, wetland resources, thr�at�ned/endangered
species resources, generation of waste an� waste disposal practices, naise air quality,
water quafiiy, maps and aErial photographs, and xecords af coinmunication witb
regulatory agencies. The CONSLJLTANT shall identiiy and cammunicate any
potential data d�f ciencies to the CITY.
B. Communicatians and Site Visit. CONSULTANT shall visit the CITY and
appropriate prolect related agencies to establish communication, CONSULTANT
sha,ll conduct a site visit to review current site conditions, including, but nat lirnited
ta, traffic patterns, drainage patterns and easements, zd�ntify pfltential impacts and
initiate steps to minimize impaets before final desigr�. Photographs of the project site
and surrounding prop�rties shall be taken. Photographic documentation shall include
potential historical stnzctures, jurisdictional channel areas {up�tream and
dawnstream}, adjacent utitities and easements, and raadway approaches.
C. Reportin�. The CONSULTANT shall prepare and submnt copies of a draft EA for
review by the CITY and TxDOT, The draft EA sha1l docu�neni rnethods, findings,
and conclusions in t�ie following format:
1. Purpose and need for proposed aetio�;
2. Description of proposed action; '
3. Alternatives considered, including the no ac�ion/no build alternative;
4. Affected enviranment (baseline conditions); �
5. Environmental consequences of#he proposed actian and alternatives;
page 3
ATTACHME�T A— SCOPE OF SERVICES
PHASE 2 LAi�CASTER AVENUE DESIGN
x�i��a�
5. Findings and cflnclusions describing potential impacts, the �referred
alterna�ve, a A�{� statement (either programmatic or individual), and possible
mitigating actions, �
7. � A list af preparers; and
S. A list of raferences, agenci�s and persons consulted.
As part of the reparting task, the CONSULTANT shall notify tl�e CITY immediately
upon identification of any potentially sigriificant adverse impacts, wlvich would
rec}uire development of a mitigation plan. If no significant impacts are ideniified, a
stateme�t antieipating a Finding of No Sig�ificant Tmpact (FONSI} shall be included.
The CONSULTANT shall incorpnrate alI GITY and TxDOT camments and submit
copies of the f nal EA within 10 working days of receipt of comments. �
The draft a�d finai EA report shal� include copies of pertinent databases,.and la�d us�
maps indicating regional locatian af the project site, site baunc�aries, and
environmentally sensitive areas or resources that may be affected by pz'oposed
recon�truction activi�ies.
D. Meetin�s. CONSULTANT shall provide assistance to the CITY and he available to
attend one rz�.eeting with regulatory agencies. At a minimum, an opportunity fox
public hearing must be offered oncE �he �A is approved. CONSULTANT shaIl be
availabl� to partieipate in one public hearinglrneeting, as necessary,
Tasks A througk� D a� outlined can be completed witbin 30 days of th� CITY's no�ice to
proceed, not including time for CITY and TxDQT re�iew of the drafk EA.
C4NSULTANT sha11 pxavzde ten (10} draft and iinal EA report copies.
ITI. DESIGN SERVICES:
1. SCHEMATIC DESIGN:
A. Yrepare pxeliminary schernatic design plans suitable to canvey design concept and
preliminary construction casts.
B. Collcct and re�+iew the fallowing i�formation:
- CTTY studies;
- TxD4T information;
- Initial planning dacuments;
- Existfng utiliEies;
- Existing land use a.nd zaning;
- Stree� plaz�/profile sheets;
- Existing tapagraphic and aerial mapp�ng; �
- Hydological and Hydraulic Studies;
- I�i-3� and II3-35W Design by TxDOT; and
- Summariz� relevant information in a Technical Memararidurra to the CITY.
C. Finalize Alternativ�s, iricluding traffic operations, transit, and pedes�ian aceess.
D. De�velop Design Schematic.
E. Obtain appro�al of�esign Schematic frorn CITY and TxDOT.
page 4
ATTACHMEI�IT A— SCOPE QF SERVICES
PHASE � LANCASTER AVENUE DESIG�i
1�15�02
� 2. ROADWAY EIYGINEERING DESIGN:
A. Coordinate with the CITY and TxDOT far pavemen� design and prepar� typical
roadway sections; obtain CITY and TxDOT appraval.
B. Refine the harizantal and vertical alignrnent of fhe design schematic as required.
C. Develop horizontal and vertical alignment ali�,mmenis for intersecting streets and
driveways.
D. Develop an earthwork analysis io determine cut and fill quantitie� and pz'ovide fmal
design crass sections at 50-foot intervals. Gross sections shall u�ilize a I inch = 20
feet horizontal and 1 inch = 2 feet vertical scale.
E. Consult with the CITY and TxDOT on geotechnical information obtained from core
ho1�s and testing pertaining ta embankment siability a.nd settlement, pavement design,
bridges, xetaining wa11s, temporary shoring, special sign structures and other
engineering matters as may be applicable to the project. Geatechnical information
shall be incotporat�d into the design plans. �
F. Prepare roadway plans, profiles, and typical sectiflns. The minimurn plan set shall
consist of the following sheets;
- Title Shest
- Tndex Sheet
- Typical Sections
- Removal Plans (Demalition)
- Hor�zontal Control Plans
- Paving 1'lan and Profiles
- Intersection Details and Grading Plans
- Street and Driveway Profiles
- Miscellaneous Paving Details
- Landscape Plans
- Hardscape Plan.s
- Structural Plans
3. DRAINAG� STUDY AND DES�GN:
These proj ect elem�nts include inlet placement, storni sewer design, drainage s�ructure
design, erosion controi, storm water pollution preventiox� plan, and hydraulic a.nalysis.
The work is fi�rther de�ned b�low:
A. Prepare overall drainage area map showing existing contours, proposed drainage
patterns and outfall lacations. �verall drainage maps shall be prepared based on
topographic mapping.
B. Establish iz�et and manhole locations and drainage ou�fall lo�atians.
C. Design storrn sewer systems an.d prepare storm sewer plan and profile sheets with
supporting 1lydraulic data sheets. Existing storm sewar �systems shall be extended
as r�c�uirec�. Subnut drainag� study of overall system with recornmendations for
system unprovements.
D. Prepare drainage plans for the proposeci i�nproverneaits, including the following
sheets:
- Drainage Stunmary Sheets
- Drainage Area Maps
- Hydraulic Cornputations
page 5
ATTACHMENT A— SCQPE OF SERVICES
PHASE 2 LAI�CASTER AVENUE DESIGN
1�15�42
- Drainage Plan and Profiles
- Drainage Details
E. Coordinate drainage designs with existing and proposed utility designs in fihe
corridor.
4. UT�LITY DESIGN AND RELOCATIONS:
Since the relocation of existing private and public utilities often delay construction
contracts, the CONSULTANT shall identify locations af existing ntilities to be relocated
and prepare plan sets ta relocaCe all utilities priar #a the construction phase. This work
includes:
A. Coardination with the CITY and deteranine existing and proposed private and public
ut�lities, wl�ich are located wi�hin the Iunits of the project.
B. Furrjisk�ing roadway and cirainage plans, profiies, sections and other pertinent design
data ta utility agencies for their reviEw, comrraents, and design consideratzans.
B. Coordination with utili�y cornpanies for relocating uti�ities and preparatian of water
and sewer reconstructian pians and details.
D. Preparation pian sets and ensurr: r�location af all necessary utilifiies.
5. S�GNS AND MARHINGS:
.�, Pt'epar� guide sign layouts and snpport details as required.
B. P�repare signing and marking plans including the fvllo�ving she�ts:
- Summary af Signs
- Signing, Delineation, and Pa�ement Markings
- Guide Sign Layauts
- Wayfinding Sign Layouts
- Final Szgnal Layouts and Details.
6. TRAFFJC S�GNAL DESTGN AND STLTDY:
The CONSULTANT sha11 prepare Traffic Signal Designs along Lancaster Av�nue far a
maxamum of �ive locatians consist�nt with CITY atid TxDOT standards. A traffic study
shall be conducted to Cify andlor state standards to evaluate traffic flows with planned
traffxc signals and rnedian operungslclosures. Modifieation to g�ometrics will be
identified to er►sure an acceptal�le ievel of service.
7. TRAFFIC CONTROL PLANS:
A. Prepare schematic construction sequencing and written narrative and submit to the
CITY and TxDOT for review.
B. Ref ne schematic construction sequencing and written narxafiive.
C. Prepaxe 65% cample#e h•affic control plans and submit to fhe CITY and TxDOT foz'
approval. The t�raffie control plans shall consider and detail the following items:
construc�ion sequencing; traf�ic flow patterns; #raffic cantrol devices; signing;
pavement markings; drainage; constructability requirements; and identifcation of
Incations �or temporary retainin� walls as required during construction. The traffic
page 6
ATTACH1YiENT A-- SCOPE OF SERVICES
PHASE 2 LAI�CASTER AVENUE DESIGN
1�].5-0�
control plans sha�l maintain, to the maxirnzun exter�t possible, the quality of existing
traffic operations, and minixnize the number of traffic moves.
C. Refine traffic control plans and narrative based an CITY and TxDOT comments and
prepare details, typical sections, traffic control devices, signing, and pavement
markings.
D. Prepare summary of temporary pavement rnarkings and traffic control devices.
E. Design terriporary drainage #o replaee e�isting drainage disturbed by car�lxuction
activities or to draua detaur pawement. Prepaxe required profiles.
F. Perform a preliminary constructian schedule to determin� the approxunate duration of
each phase o� construction.
G. The traffic control plans shall cansist of the following sheets:
- Construction Sequencing and Traffic Contral Plans
- Miscellanenus Traffic Cantral Details
- Tra�'�'ic Control Quaz�tity SuFnmary
- Detour pavement Design.
S. ILLUMINATION PLANS:
Summarize illumination quantities. Work items included ii1 this scope of services
incltiide:
A. Confirrnatian of power saurces.
B. Preparatian of illumYnation layouts, etectrical circuit layouts, details and
illumination foundatian desigt�.
C. Design or plan preparatian for temporary illumination faciliti�s necEssary far
construction activities and temporary detours.
9. STORMWATER POLLUT��N PREVENTION PLANS (SW3P):
Prepare standard Stormwater Pollutian Prevention Plans (SW3P} and obtain Nafional
Pollutant Discharge Elimination 3ys�em (NPDES) perriut.
1q. SUSMITTALS:
The following sub�nittals shall be provid�d:
A. Prepare Quarztitzes, Summaries, a�nd Cost Estimate.
B. Prepare Special Provisions and Special Speczfications.
C. Prepare General Nates.
D. PS&E Subrnittal Preparatian and Reviews:
i. 35°!o Review: Submit four (4) sets of preliminary �ngineering plans to the CITY
and TxDOT �or review and comments. The submittal shail include typical
sections, pla�i, and profiles for all ali�unents, and overall drainage map. Tlus
Review Plan set shal� be approvEd by CITY and TxDOT prior ta developing
submittals.
ii. 65% Review: Submit four (4) sets o£preliminary engineering plans to the CIT'Y
and TxDOT �ar re�iew and comments, The subrnittal sha11 include typical
secti�ns, plan, and profiles far all alignmex�ts, overall drainage map, drainage
details, and hydraulic da�a.
page 7
ATTACHMENT A-- SCOPE OF SERVICES
PHASE � LANCASTER AVENi3E DESIGN
1��15�02
iii. 95% Review: Submit six (6) sets of preliminary engineering plans io the CITY
and TxDOT for revi,ew and comments. The submittal shall include completed
plans including specificatians, general nofes, and quantities.
iv. 100% Submittal: Submit one (1) set of rnylar originals and twenty (20) print sets
of final constrtiction plans, specifications, and estitr�ate.
v. Deliverables: Provide the CITY and TxDOT with an electronic deliverabie
graphic tape of substanti�lly complete design documents {excluding standard
drawings) for this pro,�ect. This tape shall be in an Intergraph Microsiation format
or formats that are compatible with the cornputer system used by the CITY and
TxDOT,
E. PS & E Submittal: Hemphill l Lamar-Taylor {Vickery ta �3t�' Street). The
preliminary engineering design plans for the Hemphill/Lamar-Taylor cannection sha11
be included in the 35% Review Submittal only.
11. LANDSCAPINGIIRRIGATIONIPAVER DESYGN:
A. Landscaping plans depicting landscaped locations, quantities, sizes, species, details,
and general notes.
C. Irrigation plans showing irrigation head and piping layout, pipe sizes, water source,
controIler locations, zone separation, backflaw prever�ters, details, and construction
notes.
D. Prepare hardscaping plans that include design and Incation of monuments, features,
pa�er designs far crosswalks at inte�sections and mid-block crossings, etc.
E. Prepare Phasing Plan %r items nat inclucied in the construction plans but are intended
to b� constructed or installed at a later date.
1�. RESTORATION UF AREA:
Prepare design plans ta rastare unused rights-of-way to natural canditians. This includes
removal of all unused facilities and restoration of rez�zaining rights-of-way for rause
andlor conveyin� of properties by the CITY.
IV. CONSTRUCTIOI� ADMIN�STRATION:
1. Bidding and Construction Services:
A. Attend monthly progress meetings and conduct construction site visi�s as requested
by the CITY.
B. Review Shap Drawings and °`As-Built Drawings" as submitted �y the Contractor.
2. Construction inspectian services are not inchtded in this scope ofservices.
page 8
ATTACHMENT A— SCOPE 4F SERV�CES
PHASE � LAI�ICASTER AVENUE DESIGI�i
1�15�0�
V. EXPEN�SES:
Blueprinting services, CAD, graphic materials, mod�ls/renderings, photography,
pastageldelivery, prin�inglcnpying, special materials, telephone/fax, tra�vel — mileage, air,
meals, and ladging ara considered fixed expenses as detailed inxevised Attachtr�er�t C—
Compensation.
page 9
�tfiachmen� �
�Of�P�iVS�°►T'IOR!
The C�NSULTANT shal{ be compensated a total lump sum fee of $1,318,284 for the
project. Payment nf the lump sum fee shall be cor�sidered full compensation for the
services descr�bed in At�achment A far all labor, materials, suppl�es, and equipmen#
necessary to complete the services. .
The CONSULTANT shall submit monthly invoices to the City fnr a11 work performed under
this agreemertt set forth in Article I Il, Terms of Payment. The mnnthly invoiees will contain
a description of the fiasks perFormed for that particular month, percent complete for each
task, amount budge#ed for each task, por#ion of budget amoun# expended, preWious billing
totals, and totals fior in�oice.
Tf�e following is a list of all of the firms and t�eir fees in #he contract:
EDAW,1nc.
Turner, Collie & Braden, Inc.
Garcia Associafes, lnc. {MIWBE 27.4%)
Terra Mar, Inc. (MIVIIBE 1.3%)
Gideon Toal, Inc.
Cost Services
SUBTOTAI. =
$ 291,02�
$ 593,500
$ 374,800
$ 18,000
$ 75,000
$ 14,750
$1,36�,07a
MIINBE ParEicipation = $392,80� (28.7%}
EDAW, INC. SPENT T� DATE PHASE II =$ 209,228
EXTRAS TO DATE _
TOTAL FEE _
PAID TO DATE FOR PHASE If =
$ 24,539
$1,600,842
$ -282,558
TOTAL FEE TO C0111iPLETE PHASE II �$1,318,284
4 i : "�.
v.�f
SPECIAL PROVIS�OI�F
CONSULTAli1T CUNTRACTS
+ Chan�es in Work: The Cc�nsultant shall rnake such re�isions in the work included in
this contract which has been cvmpleted as are necessary to correct errors appearing
therein when required to �.o so by the City without undue delays and additianal cost to
the City.
Tf the City finds it neosssary to r�quest change's to previously satisfactorily cflmpleted
work or parts thereof, the �Cons�ltant shall make such revisions if requested and as
di.rected by the City. This will be considered as additional work and paid for as
specified under Additianal Work. .
� Additional Wark: �Vork not specifcally described uz�der "Scope af Services" must
he approved by supplemental agreement to this canixact by tlie City before i� is
tindertaken by the Consultant. If the Consultant is of the opin,zon that any work the
Cansultant has been directed to perform is ,beyond the scope vf this agreement and
constitutes extra work, the Consultant sha11 prompfily notify the City in writing.
In the ev�;nt the City finds that such work do�s constitute extra work, tl�en the Czty
shall so advis� the Consultant, in writing, a.nd shall provide extra compe�isatian to tl�e
Consultant for doing this work on the saine basis as co�ered under Campensation and
as provided under a supplemenial agreement and perforn�ed by the Consultant. Any
contract mociificatzan shall ha�e TxDOT approval prior to beginnin.g the additional
wark.
� Reten#ion, Avaifability af Records a�d Audit Requirements: The City shall hauc
the excIusive right to �:xamine the books and records of the Consu�tant �ar the purpose
of checking the amount of work performed by the Coilsultant at the ti�ne of contract
tern�ination. The Consul�ant shall maintain all boaks, documents, papers, accounting
records and oth�r evid�nce pertaina.ng to cost incurred and shall inake such materials
availab�e at its office dur�ng the con�ract period and for four (4) years from the date of
#'mal payrr�ent undcr this contract or until pending li�iga#ion has been complete�y and
fu11y resolved, whichever occurs last. The City ar any a� its duly author�zed
representatives, the Texas Department of Transportation; the Federal Higliwa}�
Administration, the United States' Departxnent af Transportation Office of Inspector
General and the Comptroller General shall have access to any and a11 baoks,
documents, papers and recards vf the Consultant which are directly pertinent to this
contract for the purpose of making auc�its, examina�ions, excerpts and transcriptions.
� Cost principals must b� basEd on the provisions a£ 48 CFR C�apter 1, Part 31 Federal
Acquisition Re�ulafizon (FAR31), '
o DBE Percenta�e Goal: The percentage goal for Disadvantage Business Enterprise
participation in the work to be performed under tt�is contract is zero {0%) percent of
the cantract amount.
� � . �`i� 0� �OY�` �O�'�I2, Texa�s
.•
��yor ��d �au�c�l Co����lc���o�
�AT� REF�RENC� HUMBER L�G NAME PAGE
�����2 G-��963 _l _, 20DES�GN 1 of 3
sua��cT - CANCEL EXISTING PLANNING, �RBAN DESIGN AND \NGINEERING CQNTRACT,.
AND APPROV� A PRnPOSED uRBAN DESIGN AND ENGINEERING CONTRACT
WITH EDA�AJ, INC. �OR A SURFACE TRANSP�RTATION PROGRAM!
METROP4L.ITAN MOBILITY PROJECT FQR LAlJCASTER AVENUE FROM IH-35W
T� HENDERSON STREET
R�COMMENDATION: -
It is recommended thai th� City Council: .
1. Cancel the remainci�r of t�e Phase Two partian o� City Secretary Contract I�o. 2�669 with EDAW,
fnc, in association with Gideon Toal, which has a contract baiance af $434,942; and
2. Authorize ihe City NEanager to enter into a new contract with EDAW, �nc. in assaciation with o#her
en�ineering and pla�ning firms far urban design an� �ngineering services, in the amaur�t of
$� ,318,284.
DISCUSSI�N:
On Febr�ary 15, 200D (M&C C-178B6}, ihe City Council autharized ihe City Manager ta execute a
contract in t�e amount of $'1,093,50D with EDAW, Inc. in associatian with Gideon Toai for the redesign
of Lancaster Arrenue from I-35W to Henderson Street and relat�d street impro�ements (City Secretary
Cor�tract No. 25fi69).
On August 'i, 2000 (M&C C-18969), the City Council authorized the City Manager to execuie an
amendment #o C�#y Secrefary Cont�act No. 25669 with �DAW, Inc. in the amaur�# af $24,00� for
additianal urban design and traffic engineering services, for a total contract amount af $'1,117,500.
�7n July 3�, 200Z (M&C C-18�89), the C�ty Council accepted the l.ancas�er Project Phase One
(Planning and Urban Design} repart and authorized the City Manager to proceed #o Phase Two o� the
project (Engineering), EDAW, Inc. was paid $422,0�0 for Phase One services.
The City Council also authorized the City_Manager to execute Amendment Na. 2 with E�AVII, Inc. for an
additionat $22,O�D for an environmer�ta! assessment in accordance with federal and state procedures.
EDAW, Inc. has been �aid $282,558 fior work completed on these services, leaving a remair�ing amount
of $434,9A�2 �or Phas� Two.
Concurrent wit� tnis Mayor and Council Commur�ication, #he CEty Councii is requested by M&C C-
'�8962 to apprave the �.oca) Transportation Proj�ct Advance F�nding Agreemen# {LPAFA) with the
Texas Department of Transportatian �TxDQT) for a Sur�ace Transpartation Program! Metropolitar�
Mobi{ity Praject for Lancaster Avenue fram IH-35W to Nend�rson Streat. In order to expedite the
design and construc#ion of this project, it is staff s recommendatian that fh� City Counc9l cancel tFre
current contract with EDAW, Inc. in associa�ion with Gidean Toal and approve a new contract with
EDAW, Inc. w�ereby stat� and fe�eraf funds could be used far engineering seNices.
:�,
h
�`iiy of Fo�t ifilorth, T'exas
f���ar �nd Council Co�r���Ec��io�
QA�fE REFER�HCE NUMB�R I.OG NAME � � F'AGE
2112lQ2 ��� �96�, _ 20DESlGN -I. - .. - - - 2 af 3
sue.�Ec� CANCEI. EXISTING PLAN ING, UF�B�N DtSrvN ANu �NvINEERING C4NTRACT,
- Al�D APPROVE A PRflPDSED URBAN DESIGN AND ENGINEERING CONTRACT
WITH EDAW, INC. FOR A SUR�ACE TRANSP4RTATION PROGRAiWU
METROPOLITAN MOBlLITY PRQJECT FOR LANCASTER AVENIJE FROM IH-3�W
TO HENDERSON STREET �
Since City Secretary Con�ract No. 25669 did nai includ� f�ar�ds for preparing plans and ca�struction
dacuments for a stafe-federal construction project, EDAV1l, �nc. has rec{u�sted addi'tivnal funding. A
new scope of services was developed by City staff. A fee of $883,3�2 (in addition to the cor�iract
�alance of $434,942 under City Secretary Contraci No. 25�69) was identifiied as being needed to
complete afl required cfesign and engineering services.
Wlth the additio�al scope of services for t�is project, the pra�osed cvntract amaunt with EDAW, inc. for
ihe remainder of Phase Two is $1,318,284, an amount s�aff considers to be reasonable for the scope of
s�rvices proposed. This wilE incl�de the devefapment af er�gineering pEans and construction doc�ments
to TxDOT s#andards for the following:
� Schematic design for Lancaster Avenue from I-35W to Henclersv� Sireet; anc�
• Schematic design for a street.extension connecting Tayior Street and l.amar �Streat on tE�e north
� sid� of I-30 to Hemphifl Street on the sauth si�e at Vickery Boulevard; and
� Schema#ic de�ign for tne underpasses along Mai�t Street and Jennings A�enue; and
� Preliminaty engineering plans for a str�et extensian connecting �amar Street and Taylor Street
with H�m�hill Street on the south; ar�d
o Final engineering plans and canstr�ction documents for I�ancaster Avenue �etween 1-35W to
Henderson 5treet; and
� Final engin�ering plans and construction documents for t�� underpasses along Main Street and
Jennings Avenue.
EDAW, Inc. is in compliance witn the City's MIWBE a�dinance by committing to 30% MIWBE
participatior�. T�e City's gaal on this project is 2�°/a.
This project ls located in COUN�IL nISTRiCTS 8 and 9.
s
�'ity o�'�'o�t �o�th, T'exas
�
M�yor ��d Cour�cil �o��u�ic��ior�
DATE � REFERENCE NllMBER � �OG NAME FAGE �
2��2�p2 ����9�3 20DESIGN 3 of 3
suB,�Ec� CANCEL E?CiSTIMG PLAN ING, URBAf� DESIGN At�u �f�Vl(�E�RING CONTRACT,
- RND APPROVE A PROPOSED URBAN DESIGN A�1D ENGINEERING CONTRACT
WITH EDAW, INC. FUR A SURFACE TRANSPORTATION PROGRAMI
METROPOLITAN MQBILITY PR�JECY FOR iAN�ASi'ER AVENUE FFtt.�M IH-35W
T�J HENDERS�N STREET
F15GAL INF�RMATIONICERTIFICATION:
The Finance Directvr certifies that upon approval of fhe above recammendations, �ur�ds will be
availat�le in thE current ca�ita� buclget, as appropriated, of the Str�et tmprovements �und. �
MG:k
Submtkted fnr City M�nager's
Oflice bya
Mike C'irnomer
Originating Department Head:
Fiesgo Malanga
Addiiional Informatfan Contact:
Hugo Malanga
�
Gi4Q
7841
�sot
I FUND I ACCOUNT I_CENTER
� (to)
� - —
� -
(Frotn)
C115 531204
GS29 531240
GS28 53i200
� .�n�ourrT
Q2U115023246 $495,442.00
U2029023246Q $665,'(56.15
02028023246Q $157,685.85
CITY SECRETARY
APPROVED 02/12/42
a�