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GTY SECRETARY � �!> �
CONTRACT NO. �
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter & Burgess,
Inc.,(the "ENGINEER"),for a PROJECT generally described as: Engineering Services for Phase II,
Final Design Plans, for construction of North Tarrant Parkway from US 377 to Harmon Road.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
(2) Monthly invoices will be issued by the ENGINEER for all work performed
under this AGREEMENT. Invoices are due and payable within 30 days of
receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion will be
paid. The CITY will exercise reasonableness in contesting any bill or
portion the�eof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving seven (7) days' written notice to CITY, suspend services under this
AGREEMENT until paid in full, including interest. In the event of
suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
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Article [V
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and fumishing customary services incidentai thereto.
B. Standard of Care
The standard of care applicable to the ENGlNEER's services will be the degree of
skill and diligence normally employed in the State of Texas �by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Invesiigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering wor{c
to be performed hereunder. The ENGINEER shall also advise the CI'!Y
conceming the resufts of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, ihe
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties �in subsurface evaluations� changed or unanticipated
underground conditions may occur that could affect the total PROJECT
'cost andlor execution. These conditions and cost/execution effects are not
the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in�ink on
reproducible plastic film sheets, or as othenNise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
ciesires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited to,
all construction methocts, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the e�ent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to
. determine, in general, if the work on the PROJECT is being performed in a
manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the �
Contract Documents or the agreement between CITY and ENGINEER be
construed as requiring ENGINEER to make exhaustive or continuous on-
site inspections to discover latent defects in the work or otherwise check
the quality or quantity of the work on the PROJECT. If, for any reason, the
ENGINEER should make an on-site observation(s), on the basis of such
on-site observations, if any, the ENGINEER shall endeavor to keep the
CITY informed of any deviation from the Contract Documents coming to the
actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
� Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules 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 affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or qualify of perFormance by third parties; quality, type, management,
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or direction of ope�ating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, o� schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to, the point indicated. Such
recommendations do not represent that continuous or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in exact accordance with the Contract Documents; that the
final work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the wor{c, materials, or equipment has
passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. � Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and fumished by others, and may not always represent the� exact
location, type of various components, or exact manner in which the PROJECT was
finally constructed. The ENGINEER is not responsible for any errors or omissions
in the information from others that is incorporated into the record drawings.
I. Minority and Woman Business Enter,prise (MNVBE} participation
In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges ihe MMBE goal established for this
contract and its commitment to meet that goal. Any misrepresent�ation of facts
(other than a negfigent misrepresentation) and/or fhe commission of fraud by the
Engineer 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. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of four (4) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate worlc space in order to conduct audits
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in compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance noZice 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 four (4) years after final payment under
the subcontract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that
the CITY shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and appropriate
work space, in order to conduct audits in compliance with the provisions of
this article together with subsection (3)hereof. CITY shall give
subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photo copy such documents as
may be requested by the CITY. The CITY agrees to reimburse
ENGINEER for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. ENGINEER's tnsurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following cov�rage at minimum limits which are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on
a split limits basis). Coverage shall be on any vehicle used in the course of the
PROJECT. . �
Workers Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit �
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
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(a) Appiicable policies shall be endorsed to name the CITY an
Additionai Insured thereon, as its interests may appear. The term
CITY shall include its employees, officers, officials, agents, and
volunteers as respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverages
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) A minimum of thirty (30) days notice of cancellation, non-renewal or
material change in coverage shall be provided to the CITY. A ten
(10) days notice shall be acceptable in the event of non-payment of
premium. Such terms shall be endorsed onto ENGINEER's
insurance policies. Notice shall be sent to the respective
Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherinrise approved by the CITY; and, such
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(fl Deductible limits, or self insured retentions, affecting insurance
required herein may be acceptable to the CITY at its sole discretion;
and, in lieu of traditional insurance, any altemative coverage
� maintained through insurance pools or risk retention groups must
be also approved. Dedicated financial resources or letters of credit
may also be acceptable to the C'�ty.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) 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 ENGINEER
may be required to provide proof of insurance premium payments.
(i) The Commercial General Liabil'ity insurance policy sha11 have no
exclusions by endorsements unless such are approved by the
CITY.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the ENGINEER for a minimum
two (2) year period subsequent to the term of the respective
PROJECT contract with the CITY unless such coverage is provided
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the ENGINEER on an occurrence basis.
(k) The CITY shall ot be responsible for the direct payment of any
insurance premi ms required by this agreement. It is understood
that insurance ost is an allowable component of ENGINEER's
overhead.
(I) All insurance r�quired in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be appr�ved by the CITY.
(m) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance coverage is maintained by subconsultants, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
L. Independent Consuliant
The ENGINEER agrees to perForm all services as an independent consultant and
not as a subcontractor, agent, or employee of the CtTY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest, including
personal financial interest, direct or indirect, in property abutting the proposed
PROJECT and business relationships with abutting property cities. The
ENGINEER further acknowledges that it will make disclosure in writing of any
conflicts of interest which develop subsequent to the signing of this contract and
prior to final payment under the contract.
N. Asbestos or Hazarcious Substances
(1) If asbestos or hazardous substances in any forrx� are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
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should have been aware of at the time this Agreement was executed, the
ENGINEER shall reyise plans and specifications, as required, at its own cost and
expense. However, if design changes are required due to the changes in the
permitting authorities' published design criteria and/or practice standards criteria
which are published after the date of this Agreement which the ENGINEER could
not have been reasonably aware of, the ENGINEER shall notify the CITY of such
changes and an adjustment in compensation will be made through an amendment
to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to FaciEities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will perform,
at no cost 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 CITY will be responsible for all acts of the CITY's
personnel. �
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local,
state, or federal authorities; and land, easements, rights-of-way, and access
necessary for the ENGINEER's services or �ROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attomey,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule in
Attachment D.
E. Prompt Notice
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The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing of
the ENG(NEER's services or of any defect in the work of the ENG(NEER or
construction contractors.
F.
G.
H.
Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release ENGlNEER and its officers, employees, and subcontractors from
ail claims, damages, losses, and costs, including, but not limited to,
attorney's fees and litigation expenses arising out of or relating to the
presence, discharge, release, or escape of hazardous substances,
contaminants, or asbestos on or from the PROJECT. Nothing contained
herein shall be construed to require the CITY to levy, assess or collect any
� tax to fund this indemnification. �
(2) The indemnification and release required above shall not apply in the event
the discharge, release or escape of hazardous substances, contaminants,
or asbestos is a resu(t of ENGfNEER'S negligence or if such hazardous
substance, contaminant or asbesios is brought onto the PROJECT by
ENGINEER.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the
IV.E. regarding the ENGINEER's Personnel at Construction
providing contractor indemnification of the CITY and 1
contractor's negligehce. -�� - - � -- — �-- -- --- ---
Contractor Claims and Third-Party Beneficiaries
(1)
(2)
provisions of Article
Site, and provisions
ne ENGINEER for
The CITY agrees to include the folfowing clause in all contracts with
construction contractors and equipment or materials suppliers:
"Cont�acfors, subcontractors and equipment and materials
supp(iers on the PROJECT, or their sureties, shal( maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the CITY
will be the beneficiary of any undertaking by the ENGlNEER."
This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. sha(( be construed as a waiver of any
right the ClTY has to bring a claim against ENGINEER.
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I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders RisWlnstallation insurance is maintained
at the� replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate
of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for 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 the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. (f such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGR�EMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of
a written Notice to Proceed from the CiTY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alterat�on by the CITY or by others acting through or on behalf of the CITY of any
such instruments of senrice without the written permission of the ENGINEER will
be at the CITY's sole risk. The final designs, drawings, specifications .and
documents shall be owned by the CITY.
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C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control of
the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminateci 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 with five (5) days of written notice and diligently
complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b) Out-of-pocket expenses for purchasing storage containers,
microftlm, electronic 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 termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or lnterruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CIIY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECTs schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
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F. Indemni�cation
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or wiliful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party will assign all or any pa�t of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to a11 the different theories of
recovery, including breach of contract or warranty, tort including negligence, strict
or statutory liability, or any other cause of action, except for willful misconduct or
gross negligence for limitations of liability andsole-�egligence for indemnification.
Parties means the CITY and the ENGINEER, and their officers, employees,
agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govem the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resotution
(1) All claims, disputes, and other matters in question between the C1TY and
� ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attomey's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attomey's fees, costs and expenses, will be
final, judgment may be entered thereon in any court having jurisdiction, and
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will not be subject to appeal or modification except to the extent permitted
by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10
and 11).
{2) Any award greater than $50,000, exclusive of attomey's fees, costs and
expenses, may be litigated by either party on a de novo basis.�The award
shall become final ninety (90) days from the date same is issued. If
litigation is filed by either party within said ninety (90) day period, the award
shall become null and void and shall not be used by either party for any
purpose in the litigation.
K. Severability and Surviva!
ff any of the provisions contained in this AGREEMENT are held for any reason to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times obsenre and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by goveming bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
ENGINEER agrees to defend, indemnify and hold harmless CITY 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, ordinance, or regulation, whether it be by itself
or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules,constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written
amendment executed by both parties. The following attachments and schedules are hereby made
a pa�t of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C - Special Provisions
ATTEST:
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/ .G.J��'�.% l�"7iL_�.: -�� 'C_,����(l�l._. i
� ` Glori� Pearson
City ecretary
APPROVED AS TQ FORM
A D �j
Gary Steinber r
Assistant City Attomey
ATTEST:
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Contract Authorization
�D`�v2 �7
Date
�IT
�
By� ,
Mike Groomer
Assistant City Manager
P AL RECOMMENDED
fr'
Hugo A. Malanga, P.E., Director
Transpo�tation and Public Wor{cs
CART SS, I
. , --« i �;-`�._
Fred vans, P.E.
Vice-President
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Attachment A
SCOPE OF SERVtCES
No�th Tarrant Parkway
PHASE II - FINAL DESIGN
(US 287 to US 377)
(Revisecf 3/99)
Segment 1:NTP (Harmon Rd. - West of IH 351Nj2-lane temp, connector
Segment 2:NTP (East of tH 35W - US 377)4-lane divided rural
Segment 3:NTP (US 287 - Temporary Connector) R.O.W. Mapping Only
This contract provides for final design and preparation of one (1) proJect plan set. The
project includes North Tarrant Parkway (NTP) from Harmon Road to US 377 (Segments 1&
2). Additionalty, right-of-way mapping will be compleied for the future extenslon of NTP
from the Harmon Road temporary connectar road to the east right-of-way line of US 287
(Segment 3). This scope revision ailows for the IH 35W/NTP ramps, interchange, and
frontage roads, from 0.5 miles south to 0.6 miles no�th of NTP, to be designed under a
seperate agreement� with the anticipated right-of-way included with the NTP right-of-way
map and legal descriptions. Additionally, surveying for the IH 35W ramps, interchange� and
frontage roads wil! be compteted with the NTP roadway survey.
1. FIELD SURVEYING AND PHOTOGRAMMETRY {Function Code 150):
A. Esiabiish project horizontal cont�oi based on TaRant County and City of Fort Worth
data. �
B. Establish vertical control network based on Texas Department of Transportation
(TxDOT}, County and/or C-ity data: - -- - -- � �-- - � � -
C. Establish centerline of NTP and IH 35W.
D. Estabiish horizontai and vertical locations for soil borings.
E. Establish cente�fine of intersecting streets.
F. Perform topographic surveys determining the horizontal and vertical (if applicable)
location of topographic features, including:
1. Paving, curbs, medians� driveways, sidewalks.
2. Signs, poles, post.
3. Drainage structures (including details).
4. Apparent utility features (fire hydrants, manholes, valves, junction boxes,
etc.)
N:�,106�.9610351COR�PHASE2A.399 1 May 7, 1999
G. Cross-Sections
NTP and IH 35W-- Establish cross-sections at 50 foot intervals throughout
the project length. Additional sections will be taken at significant breaks in
grade or at other locations that will influence design activities. Cross-
sections will extend 25 feet beyond the ROW lines.
2. Intersecting Streets — Take cross-sections at the intenrals described in Item
#1 above on all intersecting streets. Cross-sections will extend to 100 feet
left and right of the centerline of the streets. Streets sunreyed will be those
within 100 feet of the NTPand IH 35W ROW lines on either side of NTP and
lH 35W.
3. Drainage courses -- Take cross-sections, at the intervals specified above,
along all drainage courses. Limits of sections will be from 300 feet upstream
to 300 feet downstream from the roadway ROWs intersected.
4. Specific Utilities — after determination of possible conflicting utility elements,
detailed surveys will be made to determine the specific location of these
utilities.
This scope of work does not include the task of field-locating and exposing underground
utilities, but does include coordination with uti(ity companies for locating utifities.
2. PROJECT MANAGEMENT:
A. Coordinate the project with the City and TxDOT during the development of the final
design.
�B. Perform general administration duties, including: coordination with subconsultants;
preparation of invoices; sci�eduling; record keeping and; file management.
C. Attend up to three (3) meetings with officials from the City� TxDOT, utility
companies� railroad companies, municipalities, counties, and other govemmental
agenaes. .
D. Oversee quality assurance and quality control (QA/QC) program. Each scheduled
submittal of plans to the City or TxDOT shall receive QA/QC.
E. All work will be performed in accordance withS�� �tandard Manu�IS, Standard
��cific^tions for Construction of Hiahway�,_���,�Il�.g� (TxDOT), the
Hvdraulic Manual (TxDO�. and TxDOT Standard Construction Details.
F. All worfc will be performed in English using the Bentley Microstation CAD format.
Plan sheets will be 11" x 17" size� scaled to 1 inch = 50 ft.
N:V08�961035�COR�PHASE2A.399 2 May 7,1999
�
3. ROADWAY DESIGN (Function Code 160):
A. Coordinate with the City and TxDOT for pavement design and prepare typical
roadway sections. Obtain City and TxDOT approval.
B. Refine the horizontal and vertical alignment of the NTP design schematic, as may
be required.
C. Develop horizontal and vertical alignments for intersecting streets and driveways.
D. Develop an earthwork analysis to determine cut and fill quantities and provide final
design cross sections at 50 foot intervals. Cross sections shall utilize a 1"=20'
horizontal and 1"=2' ve�tical scale and shall be delivered in sc�oll form. No cross-
section sheets to be provided by this scope of services.
E. Consult with the City and TxDOT on geotechnical information obtained from core
holes and testing pertaining to embankment stability and settlement, pavement
design, bridges, retaining walls, temporary shoring, special sign stnactures and other
engineering matters as may be applicable to the project. Incorporate geotechnical
infoRnation into plans.
F. P�epare roadway plans, profiles and typical sections.
The plans shall �onsist of the following sheets:
Title
Typical Sections
Removal Plans
Horizontal Control Plans
Paving Plan and Profiles
Intersection Details and Grading Plans
Street and Driveway Profiles
Miscellaneous Paving Details
Traffic Control Plans
Tra�c Signal Plans
Utili6es are to be adjusted by others prior to ietting and are not to be a part of fee
for reimbursement.
4. DRAINAGE DESIGN (Function Code 161):
The project elements include inlet placement, storm sewer design, drainage structure
design� erosion control, stormwate� pollution prevention plan, and hyd�aulic analysis.
The work is further defined beiow:
A. Prepare overall drainage area map, showing existing contou�s, proposed drainage
pattems and outfall tocations. Overall drainage maps shall be prepared based on
available topographic mapping and field observations.
N:U08�96103SCORWHASE?A399 3 May 7, 1999
�
B. Establish iniet and manhole locations.
C. Establish drainage outfall locations.
D. Design storm sewer systems and prepare storm sewer plan and profile sheets with
supporting hydraulic data sheets. Existing NTP storm sewer systems will be
extended, as required, using existing structural design.
E. Prepare drainage plans for the proposed improvements, including the following
sheets:
Drainage Summary Sheets
Drainage Area Maps
Hydraulic Data
Drainage Plan and Profiles
Storm Water Pollution Prevention Plan
Drainage Details
F. Coordinate drainage designs with existing and proposed utility designs in the
co�ridor.
5. SIGNING, MARKENGS AND StGNALIZATION (Function Code 162):
A. Prepare guide sign details including support details, if required.
B. Prepare traffic signal warrants. ---
D. Prepare signing, marking, and signalization plans, including the fol(owing sheets:
Summary of Signs
Signing, Delineation and Pavement Markings
Guide Sign Layouts (If required)
Final signal layouts, details and foundatio� designs
E. Traffic Signal Designs.
1. Prepare base ptan from survey and proposed design for the following
intersections:
N. Riverside Drive �
Notth Beach Street
Park Vista Boulevard
US 377
2. Transmit base sheets to utility service providers with request for
identification and location of all utilities in and around the intersection. Add
utilities identified by service providers to base sheets.
3. Develop construction plan sheets showing traffic signal poles, detector
loops, conduit runs� wiring diagram, and signal face locations. Develop plan
view sheets showing traffic signal indications, poles, and any traffic control
N:V06�9610351COR�PHASE2A.399 4 May 7, 1999
�
signs to be mounted on the traffic signal. Develop wiring diagram sheet
showing the numbe� and type of electric wire runs between the signal
controller and indications. Develop traffic signal phasing based on projected
traffic counts developed during schematic design. Develop quantity
estimate sheet.
4. "As Built" Plans of adjacent/connecting facilities prepared by others (TxDOT
and/or the City), will be used as the basis for any designs associated with
the Project.
5. It is understood that the project will include intersections cont�olled by
TxDOT and also ones controlled by the City. It is assumed for the purpose
of this proposal that the existing specifications used by TxDOT or the City
(whichever one designated prior to beginning project) will be used for all
intersection design plans. •
6. Include interconnect for the signal at North TaRant Parkway and US 377 to
the signal south on US 377.
F. Work items not included in this scope of services:
1. Confirm power source and prepare adjustrnent required for electric service.
2. Intersecfion manual tuming movement counts or 24-hour intersection tube
counts that may be required.
3. Analysis (Synchro, PASSER, TRANSYT-7F. etc) for determination of splits
or cycle lengths.
4. Fie1d adjustments to Traffic Signal Timing Plans.
6. MISCELLANEOUS STRUCTURES (Function Code 163):
A. Geotechnical Testing
The Engineer will provide geotechnicai testing for pavement and structure design.
B. Woric Items Not Included in This Scope of Services
1. Retaining Walls.
2. Sound Barrier Walls.
3. Overhead Sign Structures.
7. TRAFFtC CONTROL PLAN (Function Code 163):
A. Prepare schematic construction sequencing and written narrative and submit to the
City and TxDOT for review.
N:1J08�9610351COR�PHASE2A.399 5 May 7, 1999
�
B. Refine schematic construction sequencing and written narrative.
C. Prepare 65% complete traffic control plans and submit to the City and TxDOT for
approval. The tra�c control plans shall consider and detail the following items:
construction sequencing; traffic flow patterns; traffic control devices; signing;
pavement maricings; drainage; constructability requirements; and identify locations
of temporary retaining walls as may be required during construction. The traffic
control plans shall maintain, to the maximum extent possible, the quality of existing
traffic operations, and minimize the number of traffic moves.
D. Refine tra�c control plans and narrative based on City and TxDOT comments and
prepare details, typical sections, t�affic control devices, signing, and pavement
markings.
E. Prepare summary of temporary pavement mar4cings and traffic control devices.
F. Design temporary drainage to replace existing drainage disturbed by construction
activities or to drain detour pavement. Prepare required profiles.
G. Perform a preliminary construction schedule to determine the approximate duration
of each phase of construcfion. �
H. The traffic control plans shall consist of the following sheets:
Suggested Construction Sequencing and Traffic Control Plans
Miscellaneous Traffic Contro! Details
Traffic Control Quantity Summary
Detour Pavement Design
I. Work items not included in this scope of services:
1. Temporary shoring.
8. M[SCELLANEOUS ROADWAY {Function Code 163}:
A. Illumination:
1. Summarize illumination quantities.
2. Work items not included in this scope of ser,vices:
a) Confirmation of power sou�ces.
b) Preparation of illumination layouts, electrical circuit layouts, details
and illumination foundation design.
c) Design or plan preparation for temporary illumination facilities
necessary for construction activities and temporary detours.
B. Prepare Stormwater Pollution Prevention Plans (SW3P)
N:VOB\96t035�COR�PHASE2A.399 6 May l, 1999
�
C. Prepare National Pollutant Discharge Elimination System (NPDES) permit.
0. Prepare Quantities, Summaries and Cost Estimate.
E. Prepare Special Provisions and Special Specifications.
F. Coordinate production of General Notes through the City and TxDOT.
G. Prepare Traffic Signal Warrant Exhibits.
H. Work items not included in this scope of ser�ices:
1. Landscaping and irrigation plans.
I. PS&E Submittal Preparation and Reviews:
1. 35% Review: Submit three (3) sets of preliminary plans to the City and
TxDOT for review and comments. The submittal will include typical
� sections, plan & profiles for all alignments, and overall drainage map.
2. 65% Review: Submit three (3) sets of preliminary plans to the City and
TxDOT for review and comments. The submittal will- include typical
sections, plan & profiles for all alignments, drainage details and hydraulic
data.
3. 95% Review: Submit six (6) sets of review plans to the City and TxDOT fo�
review and comments. The submittal will include completed plans including
specifications, general notes and quantities. '
4. 100% Submittal: Submit one (1) set of myiar origina(s and up to ten (10)
sets of prints of plans, speciftcations and estimate.
5. Deliverables
Provide the City and TxDOT with an electronic de(iverable graphic tape of
substantially complete design documents (exduciing standard drawings) for
this project. This tape shall be in an intergraph Microstation format or
formats that are compatibte with the computer system used by the City and
TxDOT.
9. STRUCTURE LAYOUTS AND DESIGN (Function Code 170):
This scope of services does not include structure layouts and design.
10. RIGHT-OF-WAY DATA AND UTILITY COORDINATION (Function Code 130):
Right-of-way will be required from Harmon Road to the existing County Road, east of N.
Riverside Drive, inGuding the dedicated right-of-inray parcels. The Enginee� anticipates a
total of eleven (11) right-of-way parcels, between Harmon Road to the existing County
owned NTP right-of-way.
N:VOB1961035�COR�PHASE?A.399 7 May 7, 1999
0
J
A. Obtain right of entry documentation for private property requiring surveying.
B. Provide the City with required right-of-way and easement limits.
C. Coordinate with the City to determine existing and proposed utilities which are
located within the limits of the project. '
D. Fumish roadway and drainage plans, profiles, sections and other pertinent design
data to the City for distribution to utility agencies for their review, comments and
design considerations. Only plans that have any bearing on said utility agencies
shall be fumished and only after certain completion milestones have been achieved.
These milestones are:
1. After receiving the City and TxDOT approval for the design schematic.
2. After the construction plans have been reviewed by the City and TxDOT at
the 65% complete submittal.
3. After the construction plans have been reviewed by the City and TxDOT at
the 95% complete submittal.
E. Field-tie existing right-of-way monumentation.
F. Field-tie off-site property corners.
G. Prepare right-of-way map.
H. Prepare individual parcel plats of acquisitions (right-of-way and easements).
!. Prepare legal descriptions of each right-of-way or easement parcel.
J. Incorporate right-of-way data into project elecironic file.
K. This Scope of Wor1c does not include the task of field-locating and exposing
underground utilities, but does include coordination with utility companies for
locating utilities. '
N:V08�961035�COR�PHASE2A.399 8
May 7, 1999
P_
Attachment B
COMPENSATION
The Engineer shall be compensated a total lump sum fee of $494,832 for Phase II of the project.
Payment of the lump sum fee shall be considered full compensation for the services described in
Attachment A for all labor, materials, supplies, and equipment necessary to complete the services.
The Engineer shall submit monthly invoices to the City for all work performed under this
agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a
description of the tasks performed for that particular month, percent complete for each task,
amount budgeted for each task, portion of budget amount expended, previous billing totals, and
totals for invoice.
The following is a list of all of the firms and their fees in the contract:
Carter and Burgess, Inc. (General Consultant)
Garcia and Associates, Inc. (Survey and Design)
GSW, Inc. (Drainage)
Terra-Mar. Inc. fGeotechnicall
TOTAL = �
$324,076
$128,056 (M/WBE — 25.9%)
$ 20,100
$ 22.600 (MJWBE — 4.6%)
$494,832 (Total M/WBE — 30.5%)
Attached are the proposed hourly rates and manpower requirements that will be used by each firm
for this project. . •
i'-�!
PROJECT NUMBER: 961035020
PROJECT MANAGER: BC BIINNISTER
CLIENT: CITY OF FORT WORTH
DATE: May 7, 1999
•••••LABOR BUDGET FORM•••••
PROJEC7: NORTH TARRANT PARKWAY (NTP)
ES7IMATE
NTP PHASE 11- fINAL OEStGN (US 2d7 - US 377)
0 0 S
0 0 S
560 0 S
0 0 S
336 0 i
0 0 S
0 0 S
0 0 t
0 0 S
0
e9e S
LABCR STAFF PRINCIP1IL PROJECT PROJECT DESIGN CADO CLERICAI R.P.L.S. SURVEY
COOE TASK MANAGER ENGINEER ENGINEER TECHNICIAN CREW
RATE �5.00 RATE 35.00 RATE 29.00 RATE 22.00 R11TE 1a.00 RATE 14.00 RATE 35.00 RATE 30.00 70TALS
HRS i HRS i HRS i HRS i HRS i HRS S HRS S HRS S HRS S
FINAL DESIGN
130 RIGHT-0E-WAY DATA a= 380 24 ; E40 0 S 0 0 S 0 0 S 0 0 S
150 FIELD SURVEYING E S 360 24 S 640 0 S 0 0 S 0 0 S 0 0 S
160 ROADWAY DESIGN 9A i 4320 420 i 14700 580 S 1�E20 820 S 13640 900 S 18200 �0 i
107 DRAlNAGE DESIGN E S 380 26 S 8�0 0 S 0 0 S 0 40 S 720 0 S
182 SIGN, MARKING. SIGNALS 18 S 720 tE0 S 6J00 140 S �060 220 S 4840 240 S 4320 24 S
109 MISC STRUCTURES E S 960 94 i 7100 0 i 0 0 S 0 0 S 0 0 S
103 TRAFF�C CONTROL 12 S 540 34 S 1190 0 S 0 0 i 0 0 S 0 0 S
183 MISC ROADWAY 15 S 675 60 S 2100 DO S 2320 100 i 2200 120 S 2160 0 i
170 BRIOGE DESIGN 0 S 0 0 S 0 0; 0 0; 0 0 i 0 0 S
TOTAL HOURS...... 171 ao4 e00 wo �aoo e�
TOTAL DIRECT UBOR...... S 7E95 = 2E140 S 23200 = 206E0 Z 23400 S
Subcomutunh
Guid� 1i Aasoc. (R.O.W. Oata)
G�rcl� 6 /utoc. (SurveY)
G�rc,la 6 /►ewc. (Deslpn)
Gutlertu, Smouss, VWmut 3 Assoc. (DnM�p�)
TertrMar (Gaotech)
Tout
i 27500
i a6881
S 43E95
S 20100
S 22QOQ
170756
34.5%
ORIGINAL BUDGET X
REVISED BUDGET
0 0 S
0 0 S
0 0 S
0 0 S
0 0 S
0 0 i
0 0 S
0 0 S
0 0 S
0
o s
0 32 S
0 32 S
0 2658 S
0 76 S
o azu s
0 42 S
0 �6 S
0 �75 S
0 0 i
4079
o s
PROJECT OVHD/MUITiPIiER + 9.070
MULTIPLIEO BY TOTAL DIRECT UBOR ■
PROJEC7 NET COST
ALUS TOTAL NON UBOR EXPENSE
TOT/1L PROJECT GROSS COST.
SUBCONSULTANTS
TOTAL CONTRAC7
CARTER 6 BURGESS.INC.
1200
1200
682�0
2060
zos�e
i58a
1730
9455
0
�ao�t
S 379�14
S 4762
S 321078
S 17075a
s 4�aas
{
9
�
Attachment C
SPECIAL PROVISIONS
CONSULTING ENGINEERING CONTRACTS
Chanaes of Work: The Engineer shall make such revisions in the work included in this
contract which has been completed as are necessary to correct errors appearing therein
when required to do so by the City without undue delays and additional cost to the City.
If the City finds it necessary to request changes to previously satisfactorily completed work
or parts thereof, the Engineer shall make such revisions if requested and as directed by
the City. This will be considered as additional work and paid for as specified under
Additional Work.
Additional Work: Work not specifically described under "Scope of Services" must be
approved by supplemental agreement to this contract by the City before it is undertaken by
the Engineer. If the Engineer is of the opinion that any work he has been directed to
perform is beyond the scope of this agreement and constitutes extra work, he shall
promptly notify the City in writing.
In the event the City finds that such work does constitute extra work, then the City shall so
advise the Engineer, in writing, and shall provide extra compensation to the Engineer for
doing this work on the same basis as covered under Compensation and as provided under
a supplemental agreement. The lump sum fee shall be adjusted if additional work is
approved by supplemental agreement and performed by the Engineer. Any contract
modifications shall have TxDOT approval prior to beginning the additional work.
Cost principals must be based on the provisions of 48 CFR Chapter 1, Part 31 Federal
AcQuisition ReQulation (FAR 31).
MinoritvlWomen Business Enterarise (M1WBE1 Percentaae Goal: The percentage
goal for MN1lBE participation in the work to be performed under this contract is thirty and
one-half (30.5%) percent of the contract amount.
G1
City of Fort Worth, Texas
n✓�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
10/12/99 **C-17684 I 20PARKWAY 1 of 2
SUBJECT ENGINEERING SERVICES AGREEMENT WITH CARTER �& BURGESS, INC. TO
PREPARE PHASE II, FINAL DESIGN PLANS, FOR CONSTRUCTION OF NORTH
TARRANT PARKWAY FROM U.S. 377 TO HARMON ROAD
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
agreement with Carter & Burgess, Inc. to prepare Phase II, final design plans, for construction of the
North Tarrant Parkway from U.S. 377 to Harmon Road for a lump sum fee of $494,832. The Texas
Department of Transportation (TxDOT) will reimburse the City 80% of these costs.
DISCUSSION:
On October 8, 1996 (M&C C-15688), the City Council authorized the execution of a Surface
Transportation Program Agreement with TxDOT for construction of the North Tarrant Parkway from
IH-35W to U.S. 377. On August 12, 1997 (M&C C-16218), the City Council authorized the execution of
an engineering services agreement with Carter & Burgess, Inc. to prepare Phase I, the preliminary
design and environmental study, for construction of the North Tarrant Parkway from IH-35W to U.S. 377.
Phase I of the project is complete.
The No�th Tarrant Parkway is currently built as a 2-lane road from U.S. 377 to the western property line
of Fossil Ridge High School. This project will include the following:
1. Widen North Tarrant Parkway from a 2-lane to 4-lane divided boulevard from U.S. 377 to the
western property line of the Fossil Ridge High School; and
2. Construct a new 4-lane divided boulevard from the western property line of the Fossil Ridge
High School to IH-35W; and
3. Construct a new 2-lane road from IH-35W to Harmon Road (see attached map).
TxDOT is working on a funding agreement for the new IH-35W interchange, frontage roads, and ramps.
The funding agreement for the new IH-35W interchange will be brought before the City Council for
consideration at a later date.
Carter & Burgess, Inc. was selected by the City to prepare the Phase II, final design plans, for the
project for a lump sum fee of $494,832. Staff considers this fee to be fair and reasonable for the scope
of services to be performed.
Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 30% M/WBE
participation. The City's goal for this project is 22%.
City of Fo�t Worth, Texas
�1►��►yar And Caunc�l Cammun�cAt��n
DATE REFERENCE NUMBER LOG NAME PAGE
10/12/99 **C-17684 20PARKWAY 2 of 2
SUF�JECT ENGINEERING SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO
PREPARE PHASE II, FINAL DESIGN PLANS, FOR CONSTRUCTION OF NORTH
TARRANT PARKWAY FROM U.S. 377 TO HARMON ROAD
The total project design and construction cost is estimated to be $4,750,000. The federal/state share is
estimated to be $3,800,000 (80%) and the City share is estimated to be $950,000 (20%). On October
8, 1996 (M&C C-15688), the City Council approved $593,750 for this project. The funding shortfall
which the City will need to fund before construction begins is approximately $356,250. TxDOT
anticipates a letting for construction in October, 2000.
This project is located in COUNCIL DISTRICTS 2 and 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, �as appropriated, of
the Street Improvements Fund. City staff will come back to the City Council at a later date to request
authorization to fund the shortfall amount of approximately $356,250.
I�[�7
Submitted for City Manager's
, Office by:
Mike Groomer
Originating Department Head:
Hugo Malanga
Additional Information Contact:
Hugo Malanga
I FUND
� (to)
�
G140 I
�
7801 I (from)
GC13
7801 I
�
ACCOUNT I CENTER I A1V,IOUNT
541200 20130212120 $494,832.00
CITY SECRETARY
APPROVED ,
CITY COUNCIL
0CT - X2 1999
�� ��
•Ctry �taary At thQ.
Cit� af�rt Worth. St9xas