HomeMy WebLinkAboutContract 28230I _ 1 I '
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CI�'Y 8� �'O�� L�l�Rib, i�3C�S C���"�A�'f f�� �_.«_ ,_
STAN��9 AC�����I�i ��R �iVGIIV���IiVC S�RVIC�S
This AGREEMENT fs between the City of Fort Worth (the "CITY"), and Kimley-Horn and
Associates, fnc. (the "ENGINEER"}, for a PROJECT gen�ra�ly described as: Traffic lmpact Study
in the SH 121T/Bellaire Dri�e Area
Article I
Scope af Setvices
A. The Scape of Services is set forth in Attachment A.
Article �I
Compensation
A. The ENGINEER's com�ensatian fs set forth in Attachment B.
Article til
`ierms of Payment
Payments to the ENGINEER will he made as fol�ows:
A. Ir��►oice and �ayment
(1) The Engineer shal! provid� the City s�fficient documentation to reasonabEy
substantiate the invoiees.
{2) Monthfy invaices will be issued by the ENGINEER for all work performed
u�der this AGREEMENT. Invoices are due a�d payabfe wiihin 30 days of
receipt.
�3) Upon compfetian of services enumerated in Article I, the final payment af
any balance will be due within 30 days af receipt of the final invoice.
�4) In the event af a disputed ar contested billing, anly ti�at partion so
contested will be withhefd fram payment, and the undispu#ed portion will be
paid. The CITY will exercise reasonableness in contest�ng any bil� ar
portion thereof. No interest will accrue on any cantested portion of the
bilfing until mutually resolved.
(5) If the CITY fa�ls to ma�ce payment in full #o ENGINEER far billings
cantested in good faith within 6� days of the amaunt d�e, the ENGIN�ER
may, after giving seven (7) �ays' written notica to CITY, suspend services
under this AGREEMENT until paid in full, including interest. In the event of
suspens9on of services, the ENGINE�R shall ha�e no liability to CITY for
delays ar damages caused th� CITY because nf such suspension of
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services.
Article IV
Obligatfons of the �ngineer
Amendments to Artiele IV, if any, are included in Attachment C.
A. General
The ENGlNEER will serve as the C1TY's professianal engineering representative
under this Agreement, pro�iding professional engineering consultation and advice
and furr�ishing custamary services incider�tal thereto.
�. 5tandard af �are
The standard of care applicabf� to the ENGINEER's services will be the degree of
skill anc! diligence normally employed in the Sta#e ofi Texas by professional
�ngineers ar consultants performing the same or sirr�ilar services at the time such
services are performed.
C. Subsurface In�estigations
(i) TF�e ENGINEER shall ad�ise the CITY with regard to the necessity #ar
s�bcontract wor�C such as special surveys, tests, test �arings, or other
subs�rface Pnvestigatians in cannectian with design and en�ineering work
to be performed hereunder. The ENGINEER shail also acivis� the CITY
concerning the results of same. Such surveys, tests, ancf in�est�gations
shall be furnisMed by the CITY, unless otherwise specified in Attachment A.
(2) It� soiis, foundation, graundwater, and oiher subsurface investigations, the
actual characteristics may vary significantiy between successive test points
and sampfe intervals and at Iocations other than where obserriations,
exploration, and inwestigations �ave been made. Because of the inherent
uncertainties in subsurface evafuatians, changed ar �naniicipated
underground condi#ions may accur that could affect the tatal PROJECT
cost and/or execution. These conditions and castlexecu#ion effects are not
the responsibi{ity af the ENGINEER.
�. Preparation of �ngineering Drawings
The ENGINEER will pro�ide to the CITY the originai drawings of a!1 plar�s in ink on
re�roducible plastic film sheets, or as otherwise approved by CITY, vyrhich shall
became the property a� the CITY. CITY rr�ay use such drawings in any manner it
desi�'es; pravided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PR�JECT described herein.
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E. �ngin�er's Persannet at Construction Site
(1) The presence or duties of the ENGINEER's �ersonnel at a constructivn
site, whether as on-site representatives ar otherwise, do not make the
ENGINEER or its persohnef in any way responsible for those duties that
belang to the CITY and/or the CI7Y's construction cantractors or ot�er
entities, and do not relie�e the construction contraetars or any other entity
of their abfigations, duties, and responsibilities, including, but no# lirnit�d to,
all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portior�s of the construction
work in accordance wikh the Contract Documenis and any health vr safety
precautions required by such constructian work. TF�e ENGINEER and its
personnel ha�e no authority to exercise any con#ral over any construction
contractor ar other entity or their employees in connection with their work or
any health or safety precautions.
(2) �xcept to the extent of specific site visits expressly detailec! and set forth in
Attac}�ment A, the ENGINEER ar its personne4 shal! have na obligatffln ar
responsibifiry to visit the construction site ta become �amiliar with the
progress or qualiiy of the com�leted work on the PROJECT or to
determine, in general, if th� work on the PROJECT is being performed in a
manner indicating that t�e PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the
Contract Documents or the agreement between C�TY and ENGINEEFt be
construed as requiring ENGINEER ta �na�e exha�sti�e or continuous on-
site inspections ta disco�er latent de#ects in the work or atherwise check
#he t�uality ar quantity a� the work on the PROJECT. If, for any reason, tF�e
ENGINEER should make an an-site observation(s), on the basis of such
an-site observatEons, if any, the ENGINEER shall endeavor to keep t�e
CiTY infarmec� of any deviation from the Contract Dacuments caming to
tne actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of perfor�nance or characteristics of
materials, systems or equipment js reasonably required to perform the
sen+ices set farth in the Scope of Services, the ENGINEER shall be entitled
to refy upon such certification to establish materials, systems or equipment
and performance criteria #o be required in the Contract Documents.
�. Qpinions of F'rohable Cost, �inancial Considerations, and Schedules
(1) The ENGIN�ER shall provide opinions of probab{e costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2} In pro�iding opinians o# cast, financial analyses, economic feasibiliry
projections, and schedufes for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may a#�ec� operation or
maintenance costs, compeiitive bidding procedures and market conditions;
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time ar quafify of performance by third parties; quality, type, management,
or direction af operating personnel; and other economic artd operational
factors that may materially affeci the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actuai
PROJECT casts, financial aspects, economic feasibiliiy, or schedules w�ll
not �ary from the ENGINEER's opinions, analyses, projections, ar
estimafes.
G. Construction �rogress �ayments
Recammendations by the ENGINEER to the C1TY for periodic construciion
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observatian that the work has progressed to the point indicated. Such
recommendations do �ot represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
cam}�leted the wark i� exact accordance with the Contract Documents; that the
final work will be acceptahle in al� respects; ihat the ENGINEER has made an
examination to ascertain how ar for what purpose the construction contractar has
used the maneys paid; that #itle to any of the work, materials, or eq�aipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; ar tha# there are not other matters at issue between the CITY and
the construction cantractor that affect the amnunt that should be paid.
ki. Recard �rawings
Record drawings, if rec{uired, will be prepared, in part, on the basis of information
compiied and furnished by others, ar�d may not always represent the exact
locatiort, type of Warious components, or exact manner in which the PROJECT was
finally constructed. The ENGlNEER is not responsibfe for any errors ar amissions
in the informatian from others that is incorporat�d into the recard drawings.
L 14Ainority and Woman �usiness Enterprise (�fllW�I�) partfcipation
in accord with City of Fart Worth Ordinance No. 11923, the City has goals for the
participatian of minariiy business �nterprises and woman business enterprises in
City contracts. Engineer acknowledges the hNVIIBE gaal establishecf for this
con#ract a�d its commitment to meet that goal. Any misrepresentation of fac#s
(other than a negligent misrepreseniation) and/or the commissian of fraud by the
�ngineer may result in the termination of this agreement and debarment from
participating in City contracts for a period of time of not less than three (3) years.
J. �ight to �udit
(1) ENGINEER agrees that the CITY sha�l, until the expiration af three (3}
years after final �ayment under this contract, nave access to and the right
to examine and photoeopy any directly periinent books, documents, papers
and records of the ENGINEER invol�ing transactions relating to this
cantract. ENGINEER agrees that the CITY shall have access during
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narmal warking hnurs to all necessary ENGINEER faciiities and shakl be
pra�ided adeq�ate and appropriate work space in order to conduct audits
in compliance with the provisions of this section. The CITY shall gi�e
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of three {3} years after fRnaf payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertineni books, documents, papers a�d records of such
subconsultar�t, invol�ing transactions ta the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be pravided adequate and apprapriate
work space, in ord�r to conduct audits in compliance wit#� the provisions of
this artic[e together with subsection (3}hereof. CITY shall give
sul�cansuitant r�asanable ad�ance notice af intended audits.
(3) ENGINEER and subconsultant agree to �hoto copy such dacuments as
may be requested by the CITY. The CITY agrees to reimburse
ENGINEER fior the cost of copies at the rate published in the Texas
Administrati�e Code in effect as of the time capying is performed.
!�. �fdCli��ER's Insurance
(1) Insurance co�erage and limits:
ENGINEER shall prov�de to the City certificate(s) of insurance documenting
policies of the followi�g coverage at minimum limits whic� are to be in effect prior
to commeneement of work an the PROJECT:
Camr�ereial General Liabiiity
$1,000,000 �ach occurrence
$1,000,000 aggregata
Automobil� Liability
$�,000,000 each accident (or reasonably equivalent limiis of co�erage if written on
a split �imits basis). Coverage sha1R be on any vehicle u�ed in the course af the
PRaJECT.
Worker's Compensation
CoVerage A: statutory limits
Coverage B: $� 00,000 each accident
$500,000 diseasa - policy Eimit
$100,D00 disease - each employee
Professional Liabi[ity
$1,OOa,000 each claim/anr�ual aggregate
(2) Certificates of insurance e�ideneing that the �NGINEER has obtained all
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required insurance shal� �e delivered to the CITY priar to ENGINEER
proceeding wiih the PROJECT.
(a} ApplicabEe polic'tes shall be endorsed to name the C1TY an
Addiiianal Insured thereon, as its interests may app�ar. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted serviees.
(b) Certificate(sj oi ir�surance shall document that insurance co�erages
specified aceording to iterns section K.�1) and K.{2) of this
agreement are pravided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentatian shali not constitute a waiver of the insurance
requiremer�ts.
(d) A minimum of thirty �30} days notice of cancelfation, �on-renewal or
materiai change in co�erage shal! be prav�ded to the CITY. A ten
(iD) days notice si�all be acceptable in the e�ent of nan-payment of
premium. Such terms shall be endorsed onto ENGfNEER's
insurance policies. Notice shall be sent to the respective
Department Director (by name), C�ty of Fort Worth, 1 �00
Throckmortan, �ort Worth, T�xas 76f�2.
(e} Insurers for aH policies must b� authorized to do business in tF�e
state of Texas or be otherwise approved by the CITY; anc�, such
insurers shal[ be aceeptabfe to the CITY in terms of their financial
streng�h and sol�ency.
(f} �eductEble limits, or self insured retentians, affecting insurance
required herein may be acceptable ta the CITY at its sole discretion;
and, in fieu of traditional insurance, ar�y alternative coverage
maintained thro�gh insurance pools ar risk retention groups must
be also appro�ed. Dedicated financial resaurces or letters of credit
may also be acceptable to the City.
(g) Applieable policies shall eaeh be endorsed wi#h a waiver of
subrogativn �n favor af the CITY as respects the PRDJECT.
(�) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the �NGINEER
may be required to provide proo# of insurance premium payments.
(I) The Cammereia! General Liability insurance poiicy shall have na
excfusions by endorsements unless such are approved by the
CITY.
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(�) Th� Professional Liabi[ity insurar�ce policy, if writte� on a claims
made basis shall be maintained by the ENCINEER far a minimum
twQ (2) year period subsequent to the term o# the respective
PROJECT con#ract with the CITY unless such coverage is provided
the �NGINEER on an occ�rrence basis.
(k) The CITY sha�E not be responsible for the direct payment af any
insurance premiums requirec# by this agreement. It is understood
that insurance cost is an allowable component of ENGIfV��R"s
o�erhsad.
(I) All insurance required in section K., except far the Professional
L.iability insurance policy, sF�all be written on an occurrence basis in
order to be approved fay the CITY.
(m) 5ubcansultants io the ENGINEER shalf be r�quired by the
ENGINEER to maintain the same or r�asonably equi�alent
insurance coverage as required for the ENGINEER. When
insurance caverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof or� a certificate o#
insurance. Notwith�tanding anything to the cantrary cantained
herein, in the event a subconsultan�'s insurance carrerage is
canceled or terminated, such canceflatian or terminatEon shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consultanf
The ENGINEER agrees to per�orm all servic�s as an independent car�su�tant and
not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknow�edges to the CITY that it �as made #ull disclosure in
writing of any �xisting conflicts of interest or potential conflicts of interest, including
personaf financial interest, direct or indirect, in praperry abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGiNEER further acknowled�es that it will make disclosure in writing of any
conflicts of interest which develap subsequent to the signing af this contract and
priar to #inal payment under the cor�tract.
tV. �sbestos or Ha�ardous Substances
(1) If asbsstos or hazardous substances ir� any form are encountered or
suspected, the ENGINEER will stop its own work in the affected �ortions of
the PR��ECT to permit testing and e�aluation.
(2} If asbestos ar other hazardous substances are suspected, the ENGINEER
will, if requ�sted, assist the CITY in obtaining t�e s�rvices af a qualified
subcontractor to manage the remediation acti�it�es af the PR�JECT.
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�. �ermitting �uthorities � �esign Changes
Ifi permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the �NGINEER
should have been aware of at the time this Agreement was executed, the
ENGINEER shall re�ise �lans and specifications, as required, at its own cost and
expense. However, if design changes are requiret� due to the changes in the
permitting authorities' published design eriteria andlor practice standards criteria
which are published after the date of this Agreement which the ENGINEER eould
not have l�een reasonably aware of, the ENGINEER shall �otify the CITY of such
changes and an adjustment in campensation will be made through an amendmer�t
to t�is AGREEMENT.
Article V
Obligations of t�e Gity
Amendrnents ta Article V, if any, are included in Attachment C.
A. City �urnished �ata
The CITY will make available to tF�e ENGINEER afl technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER rnay refy upnn the accuracy, timelin�ss, and completeness of the
informa�ion pra�Eded by the CITY.
�. Access to Facilities and Property
The C{TY will make its facilities aceessible to the ENGINEER as required for the
�NGINEER's performance a# its services and will pro�ide labar and safety
equipment as required by the ENGINEER for such access. The CITY wiEl perform,
at no cosi to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The GITY will be responsible fior all acts af t�e CITY's
persannel.
C. Adr►ertisemen#s, �ermits, and Access
lJnless otherwise agreed to in tf�e Scope of ServEces, the CITY will obtai�, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, ar federal authorities; and land, easerner�ts, rights-of-way, and access
necessary far the ENGINEER's services ar PRO,lECT construction.
�7. iimely Re�iew
The CITY will examine the ENGINEER's studies, reports, slcetches, drawings,
specificatians, proposals, and other documents; obtair� ad�ice of an attomey,
insurance counselor, accountant, auditor, bond and financial advisors, a�d ather
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consultants as the CITY deems appropriate; and render in writing decisians
required by the CITY in a timely manner in accordance with the project schedule in
Attachment D.
�. �rompt Notice
The Ci7Y will gi�e prompt written notice to the ENGIN�ER w�eneve� CITY
observes ar becomes aware of any development that affects ihe scope or timing of
the ENGINE�R's services or of any defect in the work of the ENGINEER or
constructi�n contractars.
�. �sbestos or Ha�ardous Su6stahces and Indemntfication
(1 � To the maximum extent permitted by law, the C1TY wi[I indemnify and
release ENGfNEER and its officers, employees, and subconfractars from
all claims, damages, losses, and costs, inciudir�g, but not iimitecf to,
attomey's fees and litigation expenses arising out of or reiating to the
presence, discharge, release, or escape of hazardous substances,
cantaminants, or asb�stos on or from the PROJECT. Nvthing eontained
herein shall be construed to require the CITY to levy, assess or callect any
taac to fund this indemnification.
(2) The indemr�ification and release required abave shall not apply in the event
the discharge, release or esca�ae af hazardous suk�stances, co�taminants,
or asbestos is a result af ENGINE�R'S negligence or if such hazardaus
su�stance, contaminant or asbestos is brought anto the PRQJECT by
ENGiNEER.
C. Contracter lndemnification and Claims
The CITY agrees to include in all construct9on contracts the provisions of Article
IV.E. regarding #he ENGINEER's Personnel at Construction Site, and provisions
providing contractor indernnification of the CITl( and the ENGINEER for
cor�tractor's negligence.
Fi. Contractor Claims and �hirdo�arty �eneficiaries
(1) T�e C1TY agrees to include the following clause in all cantracts with
constr�action contractors and equipment or materials suppliers:
"Contractars, subcor�tractors and equipment and materials
suppfiers vn the k'ROJECT, or their sure#ies, shall maintain no
direct action against the ENGINEER, its a�ficers, employees, and
subcontractors, for any claim arising out of, in cannection with, or
resulting from the engineerEng services performed, Only the CITY
wi11 be the beneficiary of any under#aking by the ENGiNEER."
(2) This AGREEMENT gives no rights or benefits to anyone ot�er tF�an the
CITY and the ENGINEER and there are no third-parry b�r►eficiaries.
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(3) The ClTY will include in each agreement it e�ters into with any other entity
or person regarding the PROJECT a pravision that such entity or person
sha�l ha�e no third-party be�eficiary rights under this Agreement.
(4) Noth�ng contained in this section V.H. shall be cot�strued as a wai�sr of any
right the CITY has ta �ring a claim against ENGINEER.
I. CIT1�'s Insurance
(1 } The ClTY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Ris}c/Installation ir�surance is maintained
at the replacement cost value flf the PROJECT. The CITY may provide
ENGINE�R a copy af the policy ar docum�ntation of sucF� on a certificate
o� insurance.
(3) T�e CITY will specify #hat the Builclers Risk/lnstallation insuranc� shall b�
comprehensive in caverage apprapriate ta the PROJECT risks.
J. �itigation Assistance
The Sco�e of 5ervices c�oes not include costs of the ENGINEER far required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of #he ENGINEER, this AGREEMENT shail be amended or a se�arate
agreement will be negatiated between the parties.
�. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect the ENGINEER's cost af or time
required for performance af the services, an equita�le adjustment will be made
through an amendment to this AGREEMENT wiih appropriate CiTY approval.
�rticle VI
Cenera! Legal Provisions
Amendments to Article VI, if any, are included in Attachmeni C.
�. �uthori�ation to �roceed
ENGINEER shal! be authorized to proceed witn this AGREEMENT upon receipt ofi
a written Notice to Proceed from the CITY.
�. �euse of �roject �ocuments
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A!I designs, drawings, specifications, documents, and ather work prodt�cts of the
ENGINEER, whether En hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or no#. Reuse, change, or
alteration by the CITY or by others acting through or on �ehalf of the CITY of any
such instruments of service without the written permission nf the ENGINEER will
be at the CITY's sole ris�. The final designs, drawings, specifications and
dacuments shalk be owned by #he CITY.
C. Force F�ajeure
The �NGINEER is not responsibie for damages or delay in performance caused
by acts of God, strikes, lac�Cauts, accidents, or other events beyond the control of
the ENGINEER.
�. iermination
(1} This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance wit� #ive (5) days of written notice ar�d diligently
compfete the correctian thereafter.
{2} xf this AGREEMENT is terminated for the convenience of the Gity, the
ENGINEER will be paid for termination expenses as foliows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or ather forms of ENGINEER'S work product;
b) Out-of-pockei expenses for purchasing storage con#ainers,
m�crofilm, electronEc data files, and other data storage supplies or
services;
c} The time requirements for the ENGINEER'S personnel to document
the work underway at the time the CITY'S terminatian for
con�enience s� that the worEc effort is suitable for fong time storage.
(3} Prior ta proceec#ing with termination services, the ENGINEER will submit
to the CITY an itemized statement af ali terminatian expenses. The CITY'S
appro�aE will 6e obtained in writing prior to proeeeding with termination
services.
E. Suspensian, �elay, or lnterrup#ion to Wor�
The CITY may suspend, delay, or interrupt the servic�s of the ENGINEER far the
canvenience of the CIT1(. Ir� the event of such suspension, delay, or interruption,
an equitable adj�stment in the PROJECT's schedule, commitment ar�d cost of the
ENGINEER's persor�nel and subconfiractors, and ENGlNEER's compensatior� will
be made.
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�. Indemnification
('{) The ENGINEER agrees to indemniijl and defend ihe C�TY fram any foss,
cast, or expense claimed by third parties �or property damage and bodily
injury, including death, caused saiely by the negligence or willful
misconduct of the ENGINEER, its emplayees, officers, and subcontractors
in connection with the PR�JECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(ar a person identifiied above for whom each is liable) is a eause of such
damage or injury, the lass, cost, or expense shali be shared between the
ENGINEER and the GITY in prapor�ion to their relative degrees of
negligence or wiliful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011 �4) (Vernon Supplem�nt 1996).
C. Assigr�ment
Neither parry will assign all or any part af this AGREEMENT without the priar
written consent o# the ather parry.
b. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
un�lerstandings between the parties and shall apply to all the different thearies of
reco�ery, including breach of car�tract or warranty, tor� including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence far limitations of liability and sole negligence for indemnification.
ParEies means t�e CITY and the ENGINEER, artd their officers, �mpfoyees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of T�xas shall govern the vaiidity of tf�is AGREEMENT, its
interpretatian and performance, and any other claims related to it. The ven�e for
any litigation related to this AGREEMENT shall be Tarrant Caunty, Texas.
J. d#�ernate Dispute Resolution
(1) All claims, disputes, and at�er matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any oi�ligation or du#y of CITY or ENGINEER
hereunder, will be submitted to mediatian. If inediation is unsuccessful, the
claim, dispu�e or other matter in question s�all be sut�mitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be I�ss than $54,400, exelusive of attorney�S ��ES, costs and exper�ses.
Arbitration sha�l fae in accardance with the Construction Industry Arbitration
Rules of the American Arbitration Assaciation or ather applicable rules of
the Association then in effect. Ar�y award rendered by the arbitratars less
than $50,000, exclusive of aitorne�'s fees, costs and expenses, will be
-1�-
final, judgment rnay be entered thereon in any court having jurisdiction, and
wi�l not be subject to appeal or modification except to the extent permit�ed
by Sectians 10 and 11 of tf�e F�deral Ar�itratEon Act (9 U.S.C. Sections 10
ar�d 11).
(2} Any award great�r thart $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either parry on a de novo basis. The award
shall became finaE r�inety (90) days from the date same is issued. If
litigation is fiiled by either party within said nineiy (9fl} day period, the award
shall become null and �oid and shall not be used by either party f�r any
purpase in the litigatio�.
F�. Se�erability and Survival
If any of the provisions contained in #his AGREEMENT are held far any reason to
be invalid, illega4, or unenforceable in any respect, such invalidity, ipegality, or
unenforceabi�ity will not affect any other provision, and this AGREEMENT sha�l be
construed as if such invalid, illegal, or unenforceable provisinn had never been
contained herein. Articles V.F., VI.B., V[.D., VI.H., VI.I., and V}.J. shall survive
terminatian af this AGREEMENT for ar�y cause.
L. �bserve and Comply
ENGINEER shall a# a�l times observe and eamply with all federal and State laws
and regulatians and with afl City ordinances and regulations which in any way
affect this AGREEMENT and the wark hereunder, and shal! abserve and compiy
with a1! orders, laws ardinances and regulatEons wY�ich may exist or may be
enacted fater by governing bodies ha�ing jurisdietion or authority for such
enactment. No plea of misunderstanding or 9gnorance thereof shall be cansidered.
ENGINEER agrees to defenci, indemnify and hold harmless GITY and all af its
officers, agents and employees from and against all claims or liability arising aut of
the vialation af any such order, law, ordinance, or regulaiion, whether it be by itself
or its employees.
-13-
Article VIl
Affachments, Schedul�s, and Signatures
This AGREEMENT, inclu�ing its attachments and schedules, constitutes t�e entire
AGREEMENT, supersedes all prior written or oral understandings, and may onky be changed by a
writtEn amendment executsd by �oth parfiies. The followir�g attachments and schedules are
hereby made a part of this AGRE�MENT:
Attachment A— Scope of 5ervices
Aitachment B — Compensatian
Attachment D — Schedule
ATTEST.
.
Glbria Pears
Cit� Secreta
CiTY OF FORT WORTH
�
%� By, �
Marc A. O �
Assistant C�ty Manager
�� _�� i] ?
���'���� Autixa�i���ic�n
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APPROVED AS TO FORM
AND LEGAUTY
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�0� � �1�Pt4 �-
Assistant City Attorney
� APPR VED
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A. Dougfas Rademaker, P.E.
Director, Engineering �epartment
Kimley-Horn and AssociatQ�_ In�
ENGINEER
By: ��.---- � �
Gler�n A. Gary, P.E,
Senior Vice President
-14
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ATTACHMENT "A"
�COPE OF SERVICES
TRAFFIC IlVIPACT STUDY IN THE SH 1�1TBELLAIRE DR�VE AREA
FORT WORTH, TEXAS
If services beyond those defined in this scope are to be required, the ENGINEER will confer with
t13e CITY to teceive further authorization befare such additional services are perfarmed.
Task 1— Project Meetings
The ENGINEER wiIl prepare for and attend up to four (4) meetings �,vith the CI'I'Y ta present
progress and study results.
Tasl� �— Review Completed Traific Stndies
The ENGINEER will abtain paper capies of the recent SH 121 T/ Bellaire Drive traffic studies
cot�ducted l�y the North Central Texas Council of Governrnents (NCTCOG). The ENGINEER
will review these studies for technical merit.
The ENGINEER will verify that the NCTCOG's transpottation model eon�ains the buzld-out
demagraphic data for the immediate area, as per the current City of Fort Worth Comprehensive
Plan.
The ENGIlVEER will meet v�ith the NCTCOG to verify which network coniigurations {i.e.,
raadr�vay alignment and interchange scenarios) were previously examined by the NCTCOG. The
objective of this study is to dekermine the traffic impacts of the fallowing five (S) network
configurations:
� Bellaire Drive extended with no 5H 121 T;
o Bellaire Drive extended with SH 12I T, but na interchange;
� Bellaire Drive extended with SH I21 T and full interchange;
� International Plaza extended to Bryant Irvin with SH 121 T and full interchange; Beljaire
Drive not extended; Arbor Lawn extended; and
� Tntemational Plaza extendec� to Bryant Ir�in with SH 121 T and full interchat�ge; Bellaire
Drive extended to intersect International Plaza; Arbor Lawn extended.
If it is detern�ined that the NCTCOG has already examined t�e five (5} scenarios listed above, the
ENGINEER wiIl review model data and summary reports and summax-ize the results of the
NCTCOG's wark in a technical memorandum. if it is detet�unec� that any of the five (5) model
runs were either not completed or incomplete, the ENGTNEER will coordinate the completion of
the model runs via the NCTCOG staff during Task 3.
Task 3— Sauthwest Parkway (SH 1�1T)/ BelIaire Drive Traffic Anaiysis
The ENGINEER will ol�tain paper copies of the NCTCOG's data fiies (i.e., network and
demographic datasets) of the most recent �ersion of the SH 121 T transportation mociel. These
files wi116e obtained from the CITY, the North Central Texas Council of Governrr�ents
(NCTCOG}, or a representative irom the Southwest Parkway {SH l2lT) project.
The ENGINEER wili revise ("red line"} the data files to reflect the demographic and network
configurations required to naodel each of the five (5) network configurations listed above. The
ENGINEER will then meet with the NCTCOG to reach concurrence regarding the proposed
netrvork revisians and requested rnod�l runs. Tt�e NCTC�G staff will carr��lete all model runs,
The ENGINEER will abtain from the NCTCOG the results of e�ch model run. Projected link
traffic valumes {daily and peak hour} and vehicle speeds far the surrouncling network will b�
summarized for each scenario.
A draft technical memorandum tbat documents the study methodology, madeling resnits, and
fir�dings will be delivered to the CIT�' for review and cormment. The ENGINEER wi�l prepare three
(3) copies of the draft techniea� mem.orandum �or the CITY. The �NGINEER will meet with the
CITY to recei�e eoncurrence regarding the study results. The ENGINEER will then incorporate
rev�ew cornments and submit up to twenty (20} copies of the final technical rt3ernarandum to the
CTTY.
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ATTACHMENT °B"
COIVIPENSATYON
TRAFFIC IMPACT STUDY IN THE SH 121T/�ELLAIRE DRIVE AREA
FORT WORTH, TEXAS
I. PROFESSIONAL ENGINEERING SERVICE�
For all professional engineering services included in ATTACHMENT "A" (Scope of Ser�+ices, TraiiFc
Impaet Study in the SH 121Bellaire Drive Area}, the CITY agrees to pay the ENGINEER on a
reimbursable basis an amount not to exceed the following task amounts:
Task 1— Project Meetings $ S,OdQ
Task 2— Review Comgieted Traffic Studies $ 9,i��a
Task 3-- Southw�st Parkwav �SH 121'� / Bellaire Drive Traffic Ana�vsis 11 004
TOTAL $25,000
II. BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for khe prafessianai engineering ser�ices included in
ATTACHMEN'T "A" on a reimhursable �asis, where the total contract amount may not be exceeded
without an ameadment.
Monthly statements for reimbursable services wiU. be based upon time direct�y chargeabie to the
project by the vatious types af individuals employed by the ENGINEER in accordance with the rate
schedule in effect at the time of the services. The ENGINEER may re�ise the rate schedule on January
1 of each year. The year 20d2 rate schedule is attached.
Monthly statements iar reitnbursable sarvices performed by subconsuitants will be l�ased upon the
actual cost to the ENGINEER plus ten percent (lfl%).
Direct reimbursable expenses for setviees, such as express mail, fees, out-of town mileage (t�ps in
excess of 100 miles) and other direct expenses that are incurred during tha progress of the project will
be billed at L10 times the ENGINEER'S cast.
An amount equal to six p�rcent (6%a} of the ENGIN�ER'S labor fee will be added to eaeh invoice to
cover certain other direct axpenses such as in-house duplicating and bluepri�ting, facsimile, local
mileage, telephon�, postage, and word processing camputer time.
� � ���` �1 Kimfey-Horn
���I C.�� and Associates, I nc.
Kimley-Horn and Assaratates, Inc.
Proposed Standard Rate �chedale
(Hourly Rate}
Principal / Senior Principal
Seniaz' Professianal II
Senior Professional I
Pro�ession�l II / Registered Professional
Professional / Professional I
Designer
CAD O�erator
Support Staff
Technician
Effective ,Tanuary 1, �002
P:IW W08.0241Re1e 5cheeiSY'i"WRates200�.doc
$12S - $155
$115 - $135
$105 - $125
$70 - $105
$50 - $SS
$85 - $9a
$65 - $80
$�0 - $60
$45 - $85
ATTACHMENT "D"
SCHEDULE
TR.AFF�C IlVIPACT STUDY IN THE �H 121TBELLATRE DRIVE AREA
FORT WORTH, TEXAS
The ENGINEER will begin the scope of sez vices outIined in ATTACHMENT A following receigt oi
Notice to Proceed From the CITY. The ENGINEER will e�deavor to meet the CITY's scheduling
needs on this project.
C'iiy of Fo�t �o�ih9 Tex�s
y�� �� �����i� ����r����a�i��
DATE REFERENCE NUMBER LOG NAM� PAGE
8/271a2 Cb1921� 30BELLAIRE 'f of 3
sus.��cT APPROVE APPROPRIATI�N ORDINANCES AND AUTH�RIZE EXECUTION OF' LOCAL
TRANSPORTATION PROJECT ADVANCE FUN�ING AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AMENDMENT NO. 1 TO CITY SECRETARY
CONTRACT N4. 27�53 WITH PRIME STRATEGIES, 1NC.; AND PROFESSIDNAL
SERVICES CONTRACTS F�R SH 121T {SOUTHWEST PARKWAI� PROJECT
REC�MMENDATl�fV:
It is recommended that the City Council:
1. Autho�ize the City Manager to execute agreement No. 1 of multiple Local Transportation Projects
Ad�ance F�nding Agreements (LPAFA) with the Texas Department of Transportatian (TxDOT) in
the amount of �4:a-�-$566,864.16, wifh an 8Q% reimbUrsem�nt by TxDOT; and
2. Adopt the attach�d appropriation ardinance increasing estimated receipts and appropriations in the
Special Assessments Fund in the amount of Q� 1�,"'''.�� $1'13,372.84 from availsbfe funds to fund
the City's matc� for the LPAFA agreement No. 1 of the SH � 21 T(Southwest Parkway) Project; and
3. Appro�e the transfer of Q'''��,^".�'� �113,372.84 from the Special Assessments Fund to the Grants
Fund; and
4. Adopt the attac�ed apprapriation a�dinance increasing estimated receipts and appropriations in the
Grants Fund �n the amount flf $a���4-�6-$566,864.16; and
5, Aut�orize the City Manager or his designee to execute a professional services contract with the law
firm vf Kelly, Hart, and Ha[Iman #o assist the City Afi#orn�y"s 4ffice in addressing issues relating to
land acquisit�ons that are necessary #or the canstruction of SH 121T (5authwest Parkway) prajecf
for an amount nat fia excee� $30,000.oa; and
6. Authorize the City Manager to execute an engineering services contract with Kimfey-Horn and
Associat�s, Inc. for an amount not to exceed $�BB�:AB $25,a0fl.00 for a Traffic Impact Study in
the 5H 'E21TIBellaire Drive area; and
7. Authorize ihe City Manager to execute a professianal services cantract with First Southwest
Campany for an amaunt not to exceed $30,000.00 for Financial Feasibility Studi�s in the SH
121TIBellaire Drive area; and
8, Autharize the City Manager to execute a professianal services contract with James Daniels &
Associates, Nnc., far an amount not to exceed $30,OD0.00 for appraisal of parcels referred to as the
"Edwards-Geren, Ltd." �racts for acquisition purpases related to the 5H 121T (Southwest Parkway)
project; and
9. Authorize the City Manager to execute Amendment No.1 to City Secretary Cantract No. 27�53 with
Prime Strategies, Inc. fior an amount no# to exceed $45,702.40 to provide additional design, project
management, and public in�ol�em�nt services as related to the SH 121T/E3ellaire Dri�e area.
C'ity o� f ' �'ort �o�th9 T'exas
y�� ��i ��r���i� ����e����af���
DATE REFERENCE NUMBER LOG NAME PAG�
S127IO2 �.�� �2� 2 30BE�LAIRE 2 of 3
sus.��cT APPROVE APPROPRIATION OR�INANCES AND ALJTHOR ZE EXECUTION OF LOCAL
TRANSPORTATION PR0.7ECT ADVANCE FUNDING AGREEMENT W1TH THE TEXAS
DEPARTMENT OF TRANSPDRTATI�N; AMENDMENT NO. 1 TO CITY SECRETARY
CONTRACT NO, 27�53 WITH PRIME STRATEGIES, INC.; AND PROFES510NAL
SERVICES CONTRACTS FOR 5H 121T (SOUTHWEST PARKWAI� PR�,lECT
DISCUS510N:
On March �, 2�02 (h,ll&C C-78986), the City Cauncil authorized the City Manager to enter into a
coniract wi#h Prime Strategies, Inc. to finalize a cost par�icipation agreemeni hetween the City of Fart
Worth, the North Texas Tollway Authority, and TxDOT relating to right-of-way acquisition, design,
project enhancements, and utility relocations for SH 121T. The scope of this work has been expanded
to pro�ide adcfitional detailed anal�sis of the SH 'f 21 TIBeI[aire Drive area to ascertain specific effects
the proposed �ollway will ha�e on traffic mobility and cost imp�icatians of right-of-way acquisition, as the
City Cauncil considers selection of the "Locally Preferred Alternative".
These propased service agreements, in combinatian with the Amendment No. 2 to City 5ecre#ary
Contract No. 27�53 with Prime Strategies, Inc. wi11 provide the required informaiion to the City Council
relafied ta t�is issu�. Amendment Na. 2 to City Secretary Cantrac� No. 27553 will be prese�ted to the
City Council for consideration in M&C C-192�3. All of these agreements are hourly contracts, not to
exceed the contract amoun#s recommended abo�e.
This is the first of multiple �PAFA agreements with TxDOT for the SH 121T (Southwesf Parkway)
praject to utilize the NTCOG grant for 8a% reimbursement of expenses incurred by the City as
id�ntified in M&C C-19214.
FUNDING SOURCE:
On February 14, 1995 (M&C G-10979), the City Council appro�ed �olicies and a[ternative uses for #he
Special Assessments Fund (GS94}. In this pa[icy, one of the alternative uses includes funding Ci#y
participation in City/StatelFederal projects, and SH121T meets this requireme�t. By using a portion of
the balance af these funds, t�e principal requirement of this policy is met by retaining at least a$3
milfc�n cash reserve in the Special Assessments Fund.
Pursuant to Chapter VI, Section 3 of the Ciiy Charter, it is necessary for the City Council to adopt a
resolution authorizing the hiring af ihe law firm of Kelly, Hart, a�d Hallman and prescribing the
compensation to be paid. The attached resalution confirms the engagement of the law firm of Kelly,
Harf, and Hallman and authorizes the City Manager or his designee to execute a professional services
contract with the law firm of Kelly, Hart, and HaElman fior serviees nat to exeeed $3Q,0�4,
without further Ci#y Cauncil approval.
MIWBE - James Dar�iels and Associates, Inc. is a certified MIWBE firm, whicY� results in an overa[I
M/WBE participation of 19°/a for the prrafessional s�rvic�s confiracts listed abo�e.
ThEs �roject is focated in COUNGIL D15TRlCTS 3, 6, and 9.
�'it� of .,�'or� i�ijorih9 Texas
Ji�aya� �d ����cie �����i��caf���
DATE REFER�NCE NUMBER LOG I�lAME PAG�
8/271�2 �o� g�� �� 30BELLAIRE 3 of 3
sue,��cT APPROVE APPROPRIATION ORDINANCES AND AUTHORIZE EXECIJTION �F LOCAI.
TRANSPORTATION PR�JECT ADVANCE FUND[NG AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AMENDMENT NQ. 1 TQ CITY SECRETARY
GONTRACT NQ. 27553 WITH PRIME STRATEGIES, INC., AND PROFE5S14NAL
SERVICES CONTRACTS FOR 5H 121T (S4lJTHWEST PARKWAY} PROJECT
FISCAL INFORMATIONICERTIFICATI�N:
The Finance Director certifies that upon adoption of �he atiached appropriatian ordinance and
completion of fhe abo�e recammendations, funds will be a�a�lable in the current capital budget, as
appropriated, of the Grants Fund.
MO:n
Submitted for City Men�ger's
Office hy:
Marc Ott
�riginating flepartment Head:
Douglas Rademaker
Additionz�l Information Contact:
8476
6157
� FUND
� �to�
� 2) GS94
2} GS94
3} GR7E
4} GR76
I 4) GR76
� 4) GR76
(from)
3) GS94
5) GR76
6) GR76
� � GR76
� 8) GR7B
ACCOUNT I CEI�TTER I AMOUNT
488032 02�940099�50 $313,07F,83
538070 020940099050 $113,072.83
472094 020302808D00 $113,072.83
472094 620342808p00 $113,Q72.83
53i200 020302808010 $565,364.16
451942 024342808000 $�452,291.33
538470
531200
53'i 200
531240
5312DQ
020940099060
0203028D8010
020302$QSQ10
0203D28D$Q14
020302808010
$113,072.83
$ 3Q,OOO.Od
� 2s,�oo.ao
$ 30,000.�0
$ 30,OOO.Q�
CITY SECR�TARY
�
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AFPRQVED A5 A1VI�NDEII
ON 0&127/02
ORD.#15216, & 15217
12ESOLU'1'ION ND. 2864