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HomeMy WebLinkAbout025651 - Construction-Related - Contract - Teague Nall and Perkins, Inc.�l7Y SECRETARY �- CONTRA�T NO. '��-� �' �� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Teague Nall and Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described as: Engineering Services to prepare the plans and specifications for roadway improvements to Lowery Road from Cooks Lane to approximately 670 feet west. 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 under this AGREEMENT receipt. issued by the ENGINEER for all work performed . Invoices are due and payable within 30 days of (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 thereof. 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. -1- u��0���� �����[� C0� �����Q� �• �+U°1�YU� tl L�W� r services. Article IV 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 furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER'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 Investigations (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 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results 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, the 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 and/or execution. These conditions and cosUexecution 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 otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. �����������Ol�� �'C�C����� ; — z — g ���G�G�� � ��; l V u C� �� e� d e, I�� '�,��'��'lMo ��. � �, L'��r n� , 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 methods, 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 extent 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, -3- -. �;���� ���G;�� ���'J'u?� +� C�`� � ��� G�[�1�1� �o ��v'ir'l �o ��i`tio or direction of operating 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, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished 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. H. Minority and Woman Business Enterprise (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 the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the 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. I. 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 work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give 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 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 - 4 - _____��._ ��� G�O��OG�� ��C���� �� G�'� � ��GG��G�� 11 Uo UVV,:':I�UtlD �LSWe 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. J ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage 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. Worker's 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. (a) Applicable policies shall be endorsed to name the CITY an Additional 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 documentation requirements. part of the CITY to request required insurance shall not constitute a waiver of the insurance (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 - s - ,`-�r�,��0��� 6`�_'��J�� -�u I�� G ' =���' �5�`� G� ; �� �a �''L°r'l �➢ �o (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 otherwise 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 alternative 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 City. (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 Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. Q) 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 the ENGINEER on an occurrence basis. (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (I) All insurance required in section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved 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 -6- �...__ =;'�i������G�C� �`L�rCJ�@ :�e,b' ��C���G�� ° G�� - ��g-- �11 `��'W� ��!!YO � 0 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. K. Independent Consultant The ENGINEER agrees to perform ail services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. L. 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. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form 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. N. 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 should have been aware of at the time this Agreement was executed, the ENGINEER shall revise 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 -7- �„�����GOG�f� �?C���Q� : �� 6�'v� ��C��� G� � �� (�'� ������:'���o ���, ..� --, 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 Facilities 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 PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, 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 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 ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all 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. - $ - „-,� ��:��/�.� ���[��Gui�D �; C� ��[���Gl� ° G��l �a �,� �`���:�� �y ��o (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 result of ENGINEER'S negligence or if such hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G � J. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. Contractor Claims and Third-Party Beneficiaries (1) �2) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall 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 ENGINEER." 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. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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 Risk/Installation 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. Litigation Assistance - 9 - � ''J'I�U'9'���_L G`���VI�� '; -� �'�f �f�'� G?�C°�� rI' (V� ����� R�j���}1,/(J II �o ��,J�✓:�.�J 9 Ul]!!\1e 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. If 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 AGREEMENT with appropriate CITY approval. Article VI Authorization to Proceed Amendments to Article VI, if any, are included in Attachment C. A B. C � ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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 alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service 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. Force Majeure The ENGINEER by acts of God, the ENGINEER. Termination General Legal Provisions is not responsible for damages or delay in performance caused strikes, lockouts, accidents, or other events beyond the control of (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 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 -10- i�'�� S�' I� �'��I�lil'oi ' ��,� �u G���� a�I� G � u�D � �e�''� �[���G?��aGt�l � �o �,,r.��p �C���o 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, microfilm, 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. E. F. (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. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. Indemnification (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 willful 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 part 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 all the different theories of -il- ; :,��_ ��'�i�`��tt���� bS'LS'�'�u�U:L�i� �i i( if U �; ���'l; C��°:G�� ° G?� � r7 �Z�� � ���i, �l!.N�Ip ��a 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 and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. Jurisdiction The law of the State of Texas shall govern 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 Resolution (1) All claims, disputes, and other 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 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 attorney'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 attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and 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 attorney'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 Survival If 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 observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way -12- � u , r� ����, ���,�f^`• _ � �f9' Ulrt� �:L�� ✓U�l� �� 0 1Ul �1LyI�U�.l51CtdUS u ` ��o ���J��'��i o ���. 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 governing 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. Attachments, Schedules, and Signatures Article VII 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 part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation ATTEST: � Y� . � ../.a'9, . 'l?. �r. ..1' . _. . Gloria Pearson City Secretary CITY OF FORT WORT i �i \ �I,/>�:l_�z.�-. By: .�i� � ; ��� 3 -01 � DU ��Vlike Gr�omer `" Assistant City Manager APPROVED AS TO FORM A Gary Stein er Assistant City Attorney ATTEST: � /� C'-�/��p% Contract Authorfzat3on ,� -- ��"— c;�� Date �PR V RECOMMENDED 2'�• �7 Hugo A.l-fd(alanga, P.E., Director Transportation and Public Works Teague Nall and Perkins, Inc. �'-��. ..��(,,,� Gary JQT�ague, P.E.4 Principal -13- ���,G����GO�� G'[�C���� �� �� ����c��aa� � _ �l�o �I°:'�uuy U�a Attachment A Scope of Services PHASE 1- PROJECT GEOMETRICS AND PRELIMINARY PLANS Part A - Project Initiation Attend and document meetings, as required to discuss and coordinate various aspects of the job. For purposes of establishing a level of effort, five meetings are anticipated. These could include, but are not limited to the following: An initial meeting will be held with FWISD representatives and the City of Fort Worth to identify the TNP team members and the points of contact with the City of Fort Worth and the FWISD. A kick-off meeting with the City staff to confirm the City's perspective of the project; to verify available data; to establish design criteria; and to address any other issues deemed appropriate at this stage of the project. One pre-design meeting (including the City of Fort Worth and utility companies impacted by the project). One to two review meetings for the geometrics. 2. Coordination with Other Agencies Consult with the City of Fort Worth and other appropriate municipalities, private utilities, or government agencies to determine the extent of available previous engineering studies that may have an impact or influence on the project. «v��-='U �����0�� �'���'G�@ �:: ���' 5���� G� � ° G�� rLo VU � t`'UUV9 �L511�o Part B- Desi�n/Field Surveys and R.O.W./Easement Parcels 1. Topographic Design Surveys a. Establish horizontal and vertical control for project including setting of project benchmarks. b. Profile and cross-section existing street and related side streets and drainageways. c. Provide digital format AutoCAD or Microstation files of all topographic data (planimetrics and contours). d. Control staking for contractor after bidding of project. 2. Utilities � Locate existing utilities based upon available records, marking in the field by utility companies, and by checking flow lines of manholes and other structures. - 3. Right-of-WaylEasement Parcel Preparation a. Research properties affected and obtain deeds. b. Identify existing rights-of-way and easements. Part C - Project Geometrics Engineer will develop a right-of-way (or route) alignment plan based on economic considerations and engineering requirements which will include existing right-of-way limits, future curb lines, medians, driveways, fill and cut slopes, and proposed curbline profiles. The profile grades will take into account street intersections, driveway connections, and drainage requirements. This information will be shown in a schematic plan to the City. 2. During Phase 2, Engineer will develop a right-of-way map, including preparation of field notes, to assist the City in acquiring the necessary right-of-way for the project. This service shall be completed at a time directed by the City. 3. Prepare a preliminary drainage study for the purpose of identifying easement needs, utility conflicts and potential environmental impacts. The Corps of Engineers will be contacted to determine if there are any wetlands issues or any 404 permitting concerns. If wetlands mitigation or 404 permitting are required those items will be addressed as extra work items. 4. Submit schematic plans to the City for review prior to the public meeting. Four (4) copies of the schematic plans will be submitted to the City for review. 5. Geotechnical study and development of pavement design report. U(���� ��:� �'�C`J�G �. � O�u� �����G�� �11� �o �'��������Q �i�% o Part D— Preliminary Construction Plans The Engineer will prepare preliminary construction plans as follows: Typical roadway sections 2. Preliminary project plans and profile sheets which will show: Curb Lines Driveways Medians (if applicable) � Sidewalks 3. Proposed roadway profile grades and elevations for each curb line and roadway centerline. 4. A preliminary drainage area map will be drawn at 1:200 scale from available contour maps. Inlets will be located and sub-drainage areas determined. Preliminary storm drainage design will include pipe sizes, grades and hydraulics. 5. Existing utilities and utility easements will be shown on the roadway and drainage plan and profile sheets. Engineer will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. The Engineer shall furnish a notice to the utility companies with a layout of the project in order for the utility companies to identify and locate their utilities on the above layout. The Engineer shall locate horizontally and vertically, and have exposed by the appropriate utility company all underground utilities when necessary within the proposed right-of-way. The Engineer shall design to avoid conflicts with or minimize major relocation of utilities. The Engineer shall send plan sheets with a list of utilities to be adjusted to the State as shown on the project schedule. 6. Preliminary roadway cross-sections will be developed, from the survey notes, at intervals not=to-exceed 50 feet along the project length and will extend a minimum of 10 feet beyond either side of the proposed right-of-way. Additional cross-sections at important features will also be taken. '� �I���G�G�� ������� ��@�'b� ��'rG� ' °?� �? ��'.�'�'`�'�M �� n �J tl_ L I�I p G� o Profiles and cross-sections will be shown for intersecting streets. Profiles wili be shown for alleys and driveways. Existing drainage at intersections will be indicated and verified by field survey. Either contours or spot elevations will be shown on intersection layouts with cross-slope to fit intersecting gradelines. 7. Prepare a preliminary estimated quantity sheet. 8. Prepare street and intersection layouts as required. PHASE 2- PREPARATION OF DETAILED DRAWINGS AND SPECIFICATIONS Part A- Preparation of Final Plans & Specifications 1. Develop Construction Documents. Upon completion of the Phase 1 portion of the project, and after approval by the City, Engineer will prepare detailed construction plans which include the following: a. Prepare construction.details. b. Prepare Storm Water Pollution Prevention Plan. c. Prepare traffic control plan. d. Prepare project general notes. e. Provide final design of roadway/drainage construction plans. f. Provide summary of quantities sheets. g. Provide final roadway sections. h. Prepare final design cost estimates. i. Prepare R.O.W. plans. At the discretion of the City, the Engineer may be authorized to prepare appropriate construction documents prior to completion of the final plans. If authorized by the City, these services shall be deemed as "Additional Services" under this contract. 2. Estimated Quantities. As described above, Engineer will prepare estimate and quantity sheets covering normal bid items. M ;i��I���L��� �����Q� ��v��'tif ��'���Q�l �� � ���� ���, ��� 3. Cross-Sections. As a function of the final plans, Engineer will prepare and furnish one (1) copy of the final cross-sections on 22"x34" sheets. information shown on these sheets will include centerline station, profile grade(s) and corresponding elevation(s); roadway section, and R.O.W. limits. Scale will be 1"=40' horizontal and 1"=4' vertical, with cross-sections plotted with stationing from the bottom of the sheet. 4. Presentation Criteria. Final plans will be plotted on 22"x34" mylar sheets. Plan views will have a minimum scale of 1"=40' and profiles will have a scale of 1"=40' horizontal and a 1"=4' vertical. Drainage plans will also be prepared at a scale of 1"=40' horizontal and 1"=4' vertical, and will include laterals and inlets. Final cross- sections will be ink plotted on vellum. 5. Engineer will submit final construction plans to the City for review. PHASE 3- DELIVERY OF FINAL PLANS Final Submittal Engineer will deliver to City of Fort Worth, T/PW, all plan originals. 2. Engineer will provide four (4) copies of the final construction estimate and bid proposals for authorized construction, including sumrriaries of bid items and quantities along with design and quantity calculations, and final hydraulic calculations. PHASE 4 - CONSTRUCTION PHASE Resolve Conflicts and Review Shop Drawings For purposes of establishing a level of effort, forty (40) hours have been anticipated. m � ���0 c��� 6�'�Cr'iti���, � ��' � ��r���'�'�' � �- o �'��;,����o � i,�,'� Attachment B Compensation Basic Engineering TNP Durreil Palmer Group (M/WBE) Subtotal . Surveying, including R.O.W./Easement Parcels TNP Wendy l.opez & Associates (M/WBE) Subtotal Geotechnical Terra-Mar Printing, Reproduction, Computer Charges (CAD) & Other Direct Costs TNP Hugo C. Trevino & Assoc. (M/WBE) Subtotal Overhead on Subcontractors TOTAL FIXED FEE �50,988 * �11,512 �62,500 �17,500 * a10,000 �27,500 * $6,500 �7,600 * $2,200 $9,800 $1,600 �107,900 "` A minimum of 28% of the project totai will be subcontracted to M1WBE firms for design, geotechnical investigation, printing and surveying. The contract values listed above for individual M/WBE firms are app�oximate and may vary up or down. m � �;;���u������ G��C�GG�� �� ���� �������� .. 1: l'J VU,�f�•'�! •I�YO� City of Fort Worth, Texas �1►�A�a� And aunc�( a�n�rtun�cA�ian C C DATE REFERENCE NUMBER LOG NAME PAGE 2/15/00 C-17861 I 20NALL 1 of 2 SUBJECT ENGINEERING SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC. TO PREPARE THE PLANS AND SPECIFICATIONS FOR ROADWAY IMPROVEMENTS TO LOWERY ROAD FROM COOKS LANE TO APPROXIMATELY 670 FEET WEST RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering services agreement with Teague Nall and Perkins, Inc. to prepare the plans and specifications for roadway improvements to Lowery Road from Cooks Lane to approximately 670 feet west for a lump sum fee of $107,900. DISCUSSION: The City of Fort Worth has been working with the Fort Worth Independent School District (FWISD) to provide street and drainage improvements to Lowery Road in front of the new elementary school located in the southwest quadrant of the Lowery Road and Cooks Lane intersection. The improvements to Lowery Road (see attachment) need to be completed before the new elementary school is opened August 1, 2000. These improvements will provide 48 feet of pavement adjacent to the school property and will tie into the existing 24 feet of pavement west of the site. In addition, an interim intersection design with connections to Cooks Lane and Lowery Road to the east will also be provided. The City is preparing a temporary improvement on Cooks Lane to provide a northbound left turn lane for buses to enter the school site. The engineering services agreement is being brought before the City Council for approval so the consultant can begin design immediately. A Community Facilities Agreement (CFA) is currently being prepared between the City and the FWISD that outlines the cost participation for the Lowery Road improvements. The FWISD will reimburse the City for the engineering and construction costs for the Lowery Road improvements. Teague Nall and Perkins, Inc. was selected by the City to prepare the plans and specifications for the project. The lump sum fee for the project is $107,900, whereas the FWISD will reimburse the City 100% of this design fee. Staff considers this fee to be fair and reasonable for the scope of services to be pertormed. Teague Nall and Perkins, Inc. is in compliance with the City's M/WBE Ordinance by committing to 28% M/V1/BE participation. The City's goal on this project is 28%. The pr.oject is located in COUNCIL DISTRICT 4. .� ;��,,Y�'qe,,,�,, City of Fort Wor�th, Texas �1►�Ayar And Caunc�l C,anrtn�un�cAt�an DATE REFERENCEYNUMBER LOG NAME PAGE 2/15/00 C-17861 20NALL 2 of 2 sue�ECT ENGINEERING SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC. TO PREPARE THE PLANS AND SPECIFICATIONS FOR ROADWAY IMPROVEMENTS TO LOWERY ROAD FROM COOKS LANE TO APPROXIMATELY ' 670 FEET WEST �° � FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the currenf'°capital budget, as appropriated, of the Street Improvements Fund. , MG:j Submitted for City Mauager's Office by: � I FUND I (to) I Mike Groomer 6140 Originating Department Head: Hugo Malanga " Additional Information Contact: 7801 (from) C115 Hugo Malanga 7801 I � ACCOUNT I CENTER I AMOUNT 531200 020115136291 $107,900.00 CITY SECRETARY �PPR4��.`� '�' CiIY GOUNCI�. FF� I5 2D00 4 l/~ � Cit� 6eci��1 � �� Citp of Fori wor�. Y'°i"'