HomeMy WebLinkAboutContract 29433 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
AGREEMENT FOR PLANNING, DESIGN, AND ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY") and Turner
Collie & Braden Inc. (the "CONSULTANT") for a PROJECT generally described as.-
Planning,
s:Planning, Urban Design, and Engineering Services for Ninth Street Pedestrian and
Streetscape Enhancements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Exhibit A-1, Supplemental Scope of Services, shall be revised as
appropriate and agreed to by the CITY and the CONSULTANT after the
completion of "Phase 1: Conceptual Design" so as to accurately reflect the
"Phase 2: Final Design" services required to fully develop the elements of
the approved 30 percent conceptual plan.
Article II
Compensation
A. The CONSULTANT's compensation is set forth in Attachment B.
Attachment B, Compensation and Schedule, shall be revised as
appropriate and agreed to by the CITY and the CONSULTANT after the
completion of "Phase 1: Conceptual Design" so as to accurately reflect the
"Phase 2: Final Design" compensation and schedule required to fully
develop the elements of the approved 30 percent conceptual plan.
Article III
Terms of Payment
Payments to the CONSULTANT will be made as follows:
A. Invoice and Payment
(1) The CONSULTANT shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) The CONSULTANT will issue monthly invoices 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 rayment of
any balance will be due within 30 days of receipt of the final invoi w'�'�
(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 CONSULTANT for billings
contested in good faith within 60 days of the amount due, the
CONSULTANT may, after giving 7 days' written notice to the CITY,
suspend services under this AGREEMENT until paid in full, including
interest. In the event of suspension of services, the CONSULTANT shall
have no liability to the CITY for delays or damages caused the CITY
because of such suspension of services.
Article IV
Obligations of the CONSULTANT
Amendments to Article IV, if any, are included in Attachment C.
A. General
The CONSULTANT will serve as professional design and engineering
representative for the CITY under this Agreement, providing professional design
and engineering consultation and advice and furnishing customary services
incidental thereto.
B. Standard of Care
The standard of care applicable to the CONSULTANT'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 CONSULTANT 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 CONSULTANT 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,
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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 cost/execution effects are not the
responsibility of the CONSULTANT.
D. Preparation of Engineering Drawings
The CONSULTANT will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by the CITY, which
shall become the property of the CITY. The CITY may use such drawings in any
manner desired; provided, however, that the CONSULTANT shall not be liable for
the use of such drawings for any project other than the PROJECT described
herein.
E. CONSULTANT's Personnel at Construction Site
(1) The presence or duties of the CONSULTANT's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 the CITY and CONSULTANT be construed as
requiring CONSULTANT 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
CONSULTANT should make an on-site observation(s), on the basis of such
on-site observations, if any, the CONSULTANT shall endeavor to keep the
CITY informed of any deviation from the Contract Documents coming to the
actual notice of CONSULTANT regarding the PROJECT.
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(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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the CONSULTANT makes no warranty that the actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the CONSULTANT's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the CONSULTANT to the CITY for periodic construction
progress payments to the construction contractor will be based on the
CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 work, 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 furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT was
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finally constructed. The CONSULTANT is not responsible for any errors or
omissions in the information from others that is incorporated into the record
drawings.
I. Disadvantaged Business Enterprise (DBE) Participation
The CITY has goals for the participation of disadvantaged business enterprises
enterprises in contracts. CONSULTANT acknowledges the 25 percent DBE 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 CONSULTANT 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) CONSULTANT agrees that the CITY shall, until the expiration of three (3)
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 CONSULTANT involving transactions relating to this
contract. CONSULTANT agrees that the CITY shall have access during
normal working hours to all necessary CONSULTANT 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
CONSULTANT reasonable advance notice of intended audits.
(2) CONSULTANT 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. The CITY shall give
subconsultant reasonable advance notice of intended audits.
(3) CONSULTANT and subconsultant agree to photocopy such documents as
may be requested by the CITY. The CITY agrees to reimburse
CONSULTANT for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
K. CONSULTANT's Insurance
(1) Insurance coverage and limits:
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CONSULTANT shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that 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 CONSULTANT has obtained
all required insurance shall be delivered to the CITY prior to CONSULTANT
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY as Additional
Insured thereon, as its interests may appear. The term the CITY
shall include employees, officers, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage
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 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 CONSULTANT's insurance
policies. Notice shall be sent to the respective Department Director
(by name), City of Fort Worth, 1000 Throckmorton Street, Fort
Worth, Texas 76102.
DESIGN AND ENGINEERING CONTRACT
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(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.
(f) Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY; 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 CONSULTANT's insurance policies including
endorsements thereto and, at the CITY's sole discretion, the
CONSULTANT may be required to provide proof of insurance
premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) The Professional Liability insurance policy, if written on a claims
made basis shall be maintained by the CONSULTANT 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 CONSULTANT 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 CONSULTANT's
overhead.
(1) 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 CONSULTANT shall be required by the
CONSULTANT to maintain the same or reasonably equivalent
insurance coverage as required for the CONSULTANT. When
subconsultants maintain insurance coverage, CONSULTANT shall
provide the 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
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canceled or terminated, such cancellation or termination shall not
constitute a breach by CONSULTANT of the Agreement.
L. Independent Consultant
The CONSULTANT agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The CONSULTANT 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
CONSULTANT further acknowledges that it will make disclosure in writing of any
conflicts of interest that develop subsequent to the signing of this contract and prior
to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the CONSULTANT 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
CONSULTANT 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
CONSULTANT should have been aware of at the time this Agreement was
executed, the CONSULTANT 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
CONSULTANT could not have been reasonably aware of, the CONSULTANT
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.
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A. City-Furnished Data
The CITY will make available to the CONSULTANT all technical data in the CITY's
possession relating to the CONSULTANT's services on the PROJECT. The
CONSULTANT 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 CONSULTANT as required for
the CONSULTANT's performance of its services and will provide labor and safety
equipment as required by the CONSULTANT for such access. The CITY will
perform, at no cost to the CONSULTANT, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the CONSULTANT'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 CONSULTANT's services or PROJECT construction.
D. Timely Review
The CITY will examine the CONSULTANT'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 B.
E. Prompt Notice
The CITY will give prompt written notice to the CONSULTANT whenever the CITY
observes or becomes aware of any development that affects the scope or timing of
the CONSULTANT's services or of any defect in the work of the CONSULTANT or
construction contractors.
F. Asbestos or Hazardous Substances and Indemnification
(1) To the maximum extent permitted by law, the CITY will indemnify and
release CONSULTANT 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
DESIGN AND ENGINEERING CONTRACT �—-
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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 result of CONSULTANT'S negligence or if such hazardous
substance, contaminant or asbestos is brought onto the PROJECT by
CONSULTANT.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the CONSULTANT's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the CONSULTANT
for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) 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 CONSULTANT, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only CITY will be the beneficiary of
any undertaking by the CONSULTANT."
(2) This AGREEMENT gives no rights or benefits to anyone other than the
CITY and the CONSULTANT 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 CONSULTANT.
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 Risk/Installation insurance is maintained
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at the replacement cost value of the PROJECT. The CITY may provide
CONSULTANT 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 CONSULTANT for required
or requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event the CITY requests such
services of the CONSULTANT, 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 CONSULTANT's cost 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
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
CONSULTANT 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
CONSULTANT, 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
CONSULTANT will be at the CITY's risk. The final designs, drawings,
specifications and documents shall be owned by the CITY.
C. Force Majeure
The CONSULTANT is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
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control of the CONSULTANT.
D. Termination
(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 CONSULTANT for cause if any party fails substantially to
perform through no fault of the other and does not commence correction of
such nonperformance with 5 days of written notice and diligently complete
the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
CONSULTANT will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of CONSULTANT'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 CONSULTANT'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 CONSULTANT 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 Interruption to Work
The CITY may suspend, delay, or interrupt the services of the CONSULTANT 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 CONSULTANT's personnel and subcontractors, and
CONSULTANT's compensation will be made.
F. Indemnification
(1) The CONSULTANT 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 CONSULTANT, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the CONSULTANT 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
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the CONSULTANT 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 shall 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
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 mean the CITY and the CONSULTANT and their officers, employees,
agents, and subcontractors.
I. 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
CONSULTANT arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of the CITY or
CONSULTANT hereunder, will be submitted to mediation. If mediation 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
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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
CONSULTANT shall at all times observe and comply with all federal and State
laws and regulations and with all local 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 governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be considered.
CONSULTANT agrees to defend, indemnify and hold harmless the CITY and all
CITY 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.
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 part of this AGREEMENT:
Attachment A— Scope of Services
Attachment B —Compensation
Attachment C — Amendments to Agreement for Planning, Design, and Engineering
Services
Executed this the day of , 20
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ATTEST: CITY OF FORT WORTH
r1
Gloria Pearson C arles Boswell
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEG ITY
Cynthia Garcia
Assistant City Attorney
ATTEST: TURNER COLLIE & BRADEN,
INC.
Ann Kovich
Associate Vice President
:ontract Uthorization
_!L__I L_L _
Date
DESIGN AND ENGINEERING CONTRACT
Page 15 of 30
ATTACHMENT A
GENERAL SCOPE OF SERVICES
"Scope of Services set forth herein can only be modified by additions,
clarifications, and/or deletions set forth in the supplemental Scope of Services. In
cases of conflict between the Supplemental Scope of Services and the General
Scope of Services, the Supplemental Scope of Services shall have precedence
over the General Scope of Services."
GENERAL
1) Preliminary Conference with City
The Consultant shall attend preliminary conferences with authorized
representatives of the City regarding the scope of project so that the plans
and specifications which are to be developed hereunder by the Consultant
will result in providing facilities which are economical in design and conform
to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Consultant shall coordinate with officials of other outside agencies as
may be necessary for the design of the proposed improvements. It shall be
the Consultant's duty hereunder to secure necessary information from such
outside agencies, to meet their requirements.
3) Agreements and Permits
The Consultant shall complete all forms/applications to allow the City of Fort
Worth to obtain any and all agreements and/or permits normally required for
a project of this size and type. The Consultant will be responsible for
negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits and will make any revisions necessary to bring
the plans into compliance with the requirements of said agency, including
but not limited to highways, railroads, water authorities, Corps of Engineers
and other utilities.
4) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Consultant shall revise
the plans and specifications as required at the Consultant's own cost and
expense, unless such changes are required due to changes in the design of
the facilities made by the permitting authority. If such changes are required,
the Consultant shall notify the City and an amendment to the contract shall
be made if the Consultant incurs additional cost. If there are unavoidable
DESIGN AND ENGINEERING CONTRACT
Page 16 of 30 CITY �S Ci Jy r IEi.1 s+
delays, a mutually agreeable and reasonable time extension shall be
negotiated.
5) Plan Submittal
Copies of the original plans shall be provided on reproducible mylar or
approved plastic film sheets, or as otherwise approved by the City's
Department of Engineering and shall become the property of the City. The
City may use such drawings in any manner it desires; provided, however
that the Consultant shall not be liable for the use of such drawings for any
project other than the project described herein; and further provided, that
the Consultant shall not be liable for the consequences of any changes that
are made to the drawings or changes that are made in the implementation
of the drawings without the written approval of the Consultant.
DESIGN AND ENGINEERING CONTRACT
Page 17 of 30
EXHIBIT A-1
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT A)
Ninth Street Pedestrian and Streetscape Enhancements
Ninth Street Limits of Project:
The project area consists of the entire width of the Ninth Street right-of-way
(ROW) from the western side of Ninth Street/Jones Street intersection to the
western side of the Ninth Street/Houston Street intersection. No parcels outside
of the public ROW are included in the project limits and will not be subject of any
engineering design effort as part of this scope of work.
A. Concept Design
Al. Background
Ala. Kick-off Conference: Attend a kick-off conference with City staff to
review requirements, visit the site, review available material, and discuss
scheduling.
Al b. Additional Meetings: Attend two (2) additional meetings with Texas
Department of Transportation officials and utility providers for City and franchise
utilities.
A1c. Project Research and Site Urban Design Analysis: Research site
features, existing conditions at public buildings and private property for property
line verification and potential basement incursions beyond property lines.
Research historic features and other thematic information that may affect site
development. Research adjacent property ownership, existing plans for
roadways, drainage, and utilities. Contact franchise utilities and request plans of
their facilities within the project limits.
Following a site visit, prepare a broad, conceptual visual and urban design
analysis of the study area. This analysis will be done using AutoCAD-based
plans provided by the Client. Prepare a 30"x40" colored board with text,
diagrams and photographs.
A1d. Topographic Survey: Identify and locate physical features within the
project limits. Features located shall be identified on the plans and shall include
right-of-way limits, sidewalk, curbing, landscaping, utilities, traffic signals, and
lighting.
A2. Meetings and Briefings
�IV �'7
DESIGN AND ENGINEERING CONTRACT u��'ti� �}IS �`1�Y
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Page 18 of 30 ^ IA LS P'
F1, �. in, TeL
A2a. Staff Review of 15% Alternatives: Present the two (2) alternative
15% conceptual designs developed for Ninth Street.
A2b. Advisory Committee Review of 15% Plans: Present the two 15%
alternative concept designs to the advisory committee to finalize 15% alternative
concepts and determine which alternative will be taken forward to the 30%
conceptual design phase.
A2c. Staff 30% Review: Present final 30% conceptual design to staff .
A2d. Prepare and Conduct One (1) Public Stakeholder Meetings at the
30% Design Stage: Develop a stakeholder database for the distribution of
meeting notifications. Information for the database will be compiled from the City
and other mailing lists to include interested parties and groups.
Prepare for and conduct 30% Public Meeting. The purpose of this meeting is to
present the 30% design and to facilitate review and input by the general public.
A2e. Advisory Committee Review of 30% Plans: Present the final 30%
conceptual design to the advisory committee and determine which elements will
be taken forward into final design.
A3. Develop Conceptual Design Plans
A3a. Programming: The consultant team will prepare alternative programs
for utilization of public space and will make programming assumptions for the
design interface with each of the surrounding or abutting properties.
Formulate operational requirements. Conduct programming work sessions and
interviews with key stakeholders and technical staff.
Prepare a program statement that outlines the urban design approach and
improvements that should be incorporated in the schematic design.
A3b. Coordination: Meet with the City Transportation and Public Works
Department officials during the concept design stage to determine the list of
improvements and/or modifications of traffic patterns that will be built and gather
information about private sector development plans.
Meet with City Water Department staff during the concept design phase to
determine list of improvements and/or modifications to water/sanitary sewer lines
requested by the Water Department. Fee for design of requested improvements
will be provided in a supplemental authorization request.
Coordinate definition of urban design, landscape and architectural components
C u 0 DD
DESIGN AND ENGINEERING CONTRACT
Page 19 of 30 j �/ �1 �� .,�(Y
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with multiple stakeholders. Define design issues to be addressed in the
preparation of project design plans. Integrate project research and programming
results into baseline understanding of project parameters.
A3c. Alternative Site and Architectural Plans — 15% Design: Prepare a
maximum of two alternative site plans for improvements to Ninth Street. Each
site plan will present alternative design solutions shown in a 30"x40" format that
will depict illustrative details for sidewalks, landscape, lighting and other urban
design features. An additional 30"x40" board will include an eye-level perspective
of the site and, if appropriate, an axonometric drawing and annotated cross
sections.
Develop two alternatives for architectural elements to include pedestrian facilities
and other site elements. The two concepts will be provided in a drawing format:
front and side elevation (scaled to patron/vehicle), plan insert within overall site
plan, and materials list. These illustrations will provide a visual context to
evaluate the overall design intent of the site and its structures at the concept
phase.
Water features, fountains, spray walls, etc. are specifically excluded from this
scope of work. Conceptual and final design of such features may be
accomplished with a supplemental work authorization.
Aad. Preferred 15% Concept Design and Construction Cost Estimates:
Based on feedback and comments from the advisory committee, staff and the
public at large, prepare a preferred 15% concept design plan in 30"x40" format
for site, architectural and civil elements and a technical memorandum that
summarizes the plan concept and implementation strategy. Prepare construction
cost estimates based on preferred 15% concept design.
Me. 30% Concept Design (Final Concept Design): Based on comments
and directives received on the 15% Design, prepare a 30 % site plan and an
architectural elements plan presenting urban design, landscape, civil and
architectural elements. The site plan will identify site materials, landscape species,
street furniture, lighting, art work and finished footprint of structures. To arrive at
this product, the consultant team will prepare material sample boards to be used
for the selection of urban design, landscape and architectural elements that will be
selected for the final design.
Prepare final illustration to present the 30% design scheme to the public
and client representatives. This illustration can be a perspective or axonometric
drawing that would be in a 30"x40" panel.
For the selected architectural elements, isometric views and design detail
vignettes (focus on structure only) will be provided to illustrate the visual sense of
the construction. Outline materials specifications will be provided. Written
DESIGN AND ENGINEERING CONTRACT �q o� C- C �:,ah
Page 20 of 30 CC,1rlr `iI��P111EI I.�
descriptions of systems such as lighting, electrical, and other features will be
provided to accompany design drawings.
Based on comments and directives received during 30% phase briefings,
presentations and staff review, prepare a Final Urban Design Development
Program that identifies and describes all elements that will be included in the 30%
urban design, landscape, architectural and civil elements. The technical
memorandum will also describe a phasing strategy for the project.
Prepare 30% Concept Design construction cost estimates.
Prepare a schematic drawing, based on the preferred concept design, in
accordance with TxDOT standards showing the geometry (horizontal and
vertical) of the proposed improvements, proposed and existing right-of-way, and
typical sections. Schematic drawing will be submitted to TxDOT for review and
approval. Prepare a Design Summary Report (DSR) of the proposed
improvements and submit DSR to TxDOT for review and approval.
A4. Project Management: Provide comprehensive project management
for all tasks and project phases, including meeting coordination, budget and
schedule oversight, and quality control.
Additional Services Not Included in Scope of Work
Using AutoCAD files and other information gathered during site inspections
and/or provided by the client relative to development plans of adjacent parcels of
land, build a digital 3-D model of the site using a 3D Studio rendering program
with an AutoCAD base.
Environmental Documentation preparation is specifically excluded from this
Scope of Services and will be performed by the City of Fort Worth.
B. Final Design
B1. Meetings and Briefings
B1 a. Staff Review of 60% Plans: Present 60% plans to staff.
B1 b. Staff Review of 90% Plans: Present 90% plans to staff.
B1c. Prepare and Conduct One (1) 90% Public Stakeholder Meeting at
the 90% Design Stage: The purpose of this meeting is to present the 90% design
and to facilitate review and input by the general public.
B1d. Advisory Committee Review of 90% Plans: Present 90% plans to
advisory committee.
DESIGuvl���vJci� u���U11L�i
Page 21,AND of 30 ENGINEERING CONTRACT CRY ZMra P"Y
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U�.0
B1e. Review Meetings of 100% Plans: Present 100% plans to staff and
committee to provide a status update on the project.
B1f. Subsurface Utility Engineering (SUE): Perform a subsurface utility
survey to pinpoint the location of critical underground utilities that may have an
impact on the location of the proposed storm drain system.
B2. Develop Final Design Plans
132a. Develop 30% and 60% Construction Documents: Prepare 30% and
60% plans and specifications for architectural elements.
Prepare 30% and 60% plans and specifications for civil and site elements to
include:
Roadway Plans and Details
Site Plans and Details
Architectural Plans and Specifications
Grading Plans
Storm Drain Plan and Profiles
Sidewalk/Plaza Plans and Elevations
Erosion Control Plans
Horizontal and Vertical Control Data
Lighting and Electrical Plans
All details in accordance with City of Fort Worth, TxDOT and Texas Department
of Licensing and Regulation standards.
Prepare construction cost estimates.
132b. Develop 90% Construction Documents: Prepare 90% plans and
specifications for architectural elements.
Prepare 90% plans and specifications for civil and site elements to include:
Roadway Plans and Details
Site Plans and Details
Architectural Plans and Specifications
Grading Plans
Storm Drain Plan and Profiles
Sidewalk/Plaza Plans and Elevations
Erosion Control Plans
Horizontal and Vertical Control Data
Lighting and Electrical Plans
DESIGN AND ENGINEERING CONTRACT
Page 22 of 30
All details in accordance with City of Fort Worth, TxDOT and TDLR standards.
Prepare construction cost estimates.
Submit 90% Plans to TOOT for review.
132c. Develop 100% Construction Documents: Prepare 100% plans and
specifications for architectural elements.
Prepare 100% plans and specifications for civil and site elements to include:
Roadway Plans and Details
Site Plans and Details
Architectural Plans and Specifications
Grading Plans
Storm Drain Plan and Profiles
Sidewalk/Plaza Plans and Elevations
Erosion Control Plans
Horizontal and Vertical Control Data
Lighting and Electrical Plans
All details in accordance with City of Fort Worth, TOOT and TDLR standards.
Prepare construction cost estimates.
DESIGN AND ENGINEERING CONTRACTi0ilk
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Page 23 of 30
ATTACHMENT B
COMPENSATION AND SCHEDULE
NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS
I. COMPENSATION
A. The CONSULTANT shall be compensated a lump sum fee of
$331,612 for Basic and Special Services as summarized on Exhibit "B-
3". Payment of the lump sum fee shall be considered full
compensation for the services described in Exhibit "A-1" for all labor,
materials, supplies, and equipment necessary to complete the project.
B. Partial payment shall be made monthly as stipulated on Exhibit "B-1"
upon receipt of an invoice from the CONSULTANT, prepared from the
books and records of the CONSULTANT. Each invoice is to be
verified as to its accuracy and compliance with the terms of this
contract by an officer of the CONSULTANT. Payment according to
statements will be subject to certification by the Director of Planning
Department or his authorized representative that such work has been
performed.
II. SCHEDULE
A. Phase One — Conceptual Design will be completed within 368
calendar days after"Notice to Proceed".
B. Phase Two — Plans, specifications, and contract documents will be
completed within 246 calendar days after City approval of Concept
Plans.
III. Cost principals must be based on the provisions of 48 CFR Chapter 1,
Part 31 Federal Acquisition Regulation (FAR31).
DESIGN AND ENGINEERING CONTRACT q
Page 24 of 30 �,
EXHIBIT B-1
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT B)
NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS
I. METHOD OF PAYMENTS
The CONSULTANT shall be paid in monthly partial payments as outlined
below:
A. The CONSULTANT shall be paid in monthly payments upon receipt of
the individual invoices for each partial payment request from the
CONSULTANT.
II. PROGRESS REPORT
A. The CONSULTANT shall submit to the designated representative of
the Director of the Department of Planning monthly progress reports
covering all phases of design by the 15th of every month in the format
required by the City.
DESIGN AND ENGINEERING CONTRACT
Page 25 of 30 ''1^
1
EXHIBIT B-3
COST SUMMARY
NINTH STREET PEDESTRIAN AND STREETSCAPE ENHANCEMENTS
Exhibit Scope of Fee M/WBE %
Services
A-1 $331,612 $107,520 32%
Proposed M/WBE Services Fees
Subconsultants
Komatsu Architecture Architectural Design $75,520
AEI Subsurface Utility $32,000
Engineering
DESIGN AND ENGINEERING CONTRACT CITY
Page 26 of 30 Fq. WORN.
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City of Fort Worth EXHIBIT B-4
Ninth Street Pedestrian and Streetscape Enhancements
CONCEPT DESIGN
Billing Rates Project ProjectStaff Senior
Firm(Multiplier) Director Manager Engineer IFTechnician Technician Clerical
TCH(3.0) $193 $142 $85 $81 $48 $48
KOMATSU(2.7) Principal Architect Technician Su ort �0
$130 $105 $85 $75 �F
DIMAMBRO(2.9) Princi al Desi ner Support ��0
$150 $75 $60 000
TASK LISTING TOTAL
Al.Background 26.0 44.0 48.0 4.0 4.0 $ 16,904
A2.Meeting and Briefings 36.0 13.6 2.0 $ 7,348
A3.Develop Conceptual Design Plans 139.0 568.0 325.0 8.0 $ 94,866
A4.Project Management Concept Desi n120.0 54.0 �,752
TOTAL LABOR-CONCEPT DESIGN $ 144,870
LABOR COSTS BY SUBCONSULTANT FIRM- CONCEPT DESIGN
Komatsu 21.0 165.6 168.0 $ 34,398
DiMambro 144.0 432.0 145.0 $ 62,700
NON-LABOR COSTS-CONCEPT DESIGN TCBB Komatsu DiMambro
Plotting $ 50 $ 1,920 $ 1,970
Reproduction(Plans) $ 1,200 $ 1,200 $ 2,400
Reproduction(Specifications)
Deliveries $ 100 $ 100
Postage $ 50 $ 50
Mileage $ 20 $ 20
Tra $ 7,140 $ 7,140
Corr pules
Ad inisf ali'
NO _LABOR kL $ 1,420 $ 1,200 $ 9,060 $ 11,680
TO t C T DESIGN $ 156,550
27
City of Fort Worth EXHIBIT B-4
Ninth Street Pedestrian and Streetscape Enhancements
FINAL DESIGN
BillingRates Project Project Staff Senior
1 1
Firm(Multiplier) Director Mana er Engineer I Technician Technician Clerical
TC&B 3.0) $193 $142 $85 $81 $48 $48
KOMATSU 2.7) Princi al Architect Technician Su ort ��
DIMAMBRO(2.9) Princi al Desi ner Su ort 0��
TASK LISTING TOTAL
B1.Meetings and Briefings 16.8 17.6 0.0 0.0 0.01 2.0 $ 5,056
A1E.Subsurface Utility Engineering(SUE) $ 32,000
B2.Develop Construction Documents 41.0 236.0 679.0 0.0 382.0 0.0 $ 108,996
B213.Project Management Final Design 106.0 49.0 $ 22,810
LABOR EXPENSE TOTALS 00000 $ 168,862
LABOR COST BY SUBCONSULTANT-FINAL DESIGN
Komatsu25
DiMambro 32.4 120.0 5.0
AEI k $ 32.000
NON-LABOR COSTS-FINAL DESIGN TC&B Komatsu DiMambro
Plotting $ 50 $ 50
Reproduction(Plans) $ 800 $ 800 $ 1,600
Reproduction(Specifications) $ 2,000 $ 2,000
Deliveries $ 100 $ 100
Postage $ 50 $ 50
Mileage $ 20 $ 20
Computer Use
Administrative
I 1 tri $ 2,380 $ 2,380
BOR TOTAL $ 3,020 $ 800 $ 2,380 $ 6,200
TDT L CONCEPT DESIGN $ 156,550
ESTIMATE FINAL DESIGN $ E331,612
5,062
�-
CT TOTAL $
i,..- 28
ATTACHMENT C
AMENDMENTS TO AGREEMENT FOR PLANNING, DESIGN, AND
ENGINEERING SERVICES
Article IV, Paragraph E is deleted.
Article IV, Paragraph G is deleted.
Article IV, Paragraph H is deleted.
Article IV, Paragraph J, Section 1 is deleted and replaced with the following:
Retention, Availability of Records and Audit Requirements: The City shall
have the exclusive right to examine the books and records of the Consultant
for the purpose of checking the amount of work performed by the
Consultant at the time of contract termination. The Consultant shall
maintain all books, documents, papers, accounting records and other
evidence pertaining to cost incurred and shall make such materials
available at its office during the contract period and for four (4) years from
the date of final payment under this contract or until pending litigation has
been completely and fully resolved, whichever occurs last. The City or any
of its duly authorized representatives, the Texas Department of
Transportation, the Federal Highway Administration, the United States'
Department of Transportation Office of Inspector General and the
Comptroller General shall have access to any and all books, documents,
papers and records of the Consultant which are directly pertinent to this
contract for the purpose of making audits, examinations, excerpts and
transcriptions.
Article IV, Paragraph O is deleted and replaced with the following:
Changes in Work: The Consultant 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 Consultant 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 Consultant. If the Consultant is of the opinion
that any work the Consultant has been directed to perform is beyond the
scope of this agreement and constitutes extra work, the Consultant shall
promptly notify the City in writing.
DESIGN AND ENGINEERING CONTRACT
Page 29 of 30 v1Tf S� � Ilk "
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UU CC -n�)In U IU ,n0
In the event the City finds that such work does constitute extra work, then
the City shall so advise the Consultant, in writing, and shall provide extra
compensation to the Consultant for doing this work on the same basis as
covered under Compensation and as provided under a supplemental
agreement and performed by the Consultant. Any contract modification
shall have TxDOT approval prior to beginning the additional work.
Article VI, Paragraph B "Reuse of Project Documents" is deleted and replaced with
the following:
All designs, drawings, specifications, documents, and other work products
of the CONSULTANT, hereinafter referred to as the "Work Product",
whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not, and all Work
Products shall be owned by the City upon completion or early termination.
Consultant shall not be liable for the use of the Work Product for any project
other than the Project described herein; and provided further, that
Consultant shall not be liable for the consequences of any changes that are
made to the Work Product without the written consent of Consultant.
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 CONSULTANT will be at the CITY's risk. The CITY shall
own the final designs, drawings, specifications and documents.
�v9vJ�a'l 1 -CJI
DESIGN AND ENGINEERING CONTRACT
Page 30 of 30
c
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/11/2003 - Ordinance No. 15744
DATE: Tuesday, November 11, 2003
LOG NAME: 229THSTREETTCB REFERENCE NO.: **C-19847
SUBJECT:
Transfer of Funds, Appropriation Ordinance, and Authorization to Enter into a Planning, Design, and
Engineering Contract with Turner Collie & Braden. Inc. for the Ninth Street Pedestrian and
Streetscape Enhancement Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of the 25 percent local match for the Ninth Street Pedestrian and Streetscape
Enhancement project in the amount of$375,000 from the Critical Projects Improvements Fund to the
Grants Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund in the amount of$1,500,000 from increased revenues resulting from a Local
Transportation Project Advance Funding Agreement with the Texas Department of Transportation
(75% TxDOT, 25% local); and
3. Authorize the City Manager to enter into a planning, design, and engineering contract with Turner
Collie & Braden, Inc. (TCB)for an amount not to exceed $332,000.
DISCUSSION:
The City of Fort Worth and the Fort Worth Transportation Authority (the T) are working together to
transform Ninth Street into an attractive pedestrian gateway for visitors entering Downtown Fort Worth from
the Intermodal Transportation Center (ITC) at Ninth and Jones Streets. Pedestrian and streetscape
improvements to the Ninth Street corridor were originally recommended in 1999 by the consultants
studying the design and location of the ITC. The consultant team emphasized the need to create a
comfortable, safe, and attractive streetscape along Ninth Street between Jones and Houston Streets, or
between the ITC and a proposed transit plaza at Hyde Park (see related Hyde Park Mayor and Council
Communication).
The City Council has previously appropriated local matching funds and authorized a partnership with the T
for Ninth Street pedestrian improvements. The City Council appropriated local matching funds for design
and construction in the amount of $187,500 on March 19, 2002 (M&C G-13550). On November 26, 2002
(M&C C-19363), the City Council:
*Authorized an interlocal agreement between the City and the T for this project; and
*Authorized a Local Transportation Project Advance Funding Agreement with TxDOT for the Statewide
Transportation Enhancement Program (STEP)grant funds and a $10,000 payment for TxDOT plan
review fees; and
Logname: 229THSTREETTCB Pagel of 3
*Adopted an appropriation ordinance accepting the T's share of local matching funds in the amount of
$187,500; and
*Authorized the City Manager to issue a Request for Proposals (RFP) for the design of pedestrian and
streetscape improvements to Ninth Street.
On June 3, 2003, the City Council received an update on the Ninth Street design consultant selection
process as part of a more comprehensive presentation on the various initiatives of the Lancaster Corridor
Redevelopment Project. The consultant selection process is now complete, and City staff is prepared to
enter into a contract for the design of Ninth Street improvements with the preferred design team led by
local firm TCB.
The contract's scope of services will result in final construction drawings for pedestrian and streetscape
improvements to Ninth Street between Houston and Jones Streets. Design elements could include
sidewalk and crosswalk improvements, benches, street trees, grates, landscape planting, and pedestrian
lighting.
The design team is an interdisciplinary group with extensive experience in the design of urban
streetscapes. Antonio Di Mambro will serve as lead urban designer, local architect Karl Komatsu will serve
as lead architect, and Ann Kovich and Steve James of TCB will serve as project manager and lead
engineer, respectively. The Hyde Park and Ninth Street Consultant Selection Committee, appointed by
former Mayor Kenneth Barr and chaired by Councilmember Wendy Davis, selected the TCB team from
among a group of four finalists.
The design fee represents 11% of total project costs. This percentage is consistent with design costs for
similar capital improvement projects that involve a combination of planning, urban design, and engineering
tasks. Staff has determined the fee to be fair and reasonable. The design and construction budget is
listed in the table below.
Status Source/Grant Grantee Purim Federal "i y The T TOTAL
Secured TxDOT City Design/ $1,125,000 $187,500 $187,500 $1,500,000
(STEP) Phase 1
improvements
Unsecured To be City Phase 2 To be To be To be 1,750,000
determined improvements determined determined determined
TOTAL $3,250,000
Phase 2 funds are expected to be secured from future grants and local matching funds from the City and
the T.
In a related Mayor and Council Communication, staff is requesting authorization to enter into a separate
contract with TCB for the design of the Hyde Park Transit Plaza at Ninth and Throckmorton. Since the T
and the City are the recipients of separate federal transportation grants for the Hyde Park Transit Plaza
and Ninth Street projects, respectively, the administration of the grant funds requires separate
contracts. The City alone will execute the Ninth Street contract, but will jointly execute the Hyde Park
contract with the T.
Logname: 229THSTREETTCB Page 2 of 3
Turner Collie & Braden, Inc. is in compliance with the City's DBE Ordinance by committing to 32% DBE
participation. The City's DBE goal on this project is 25%.
This project is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon the approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 451942 022302891000 $1.125.000.00 C116 538070 022116021220 $375.000.00
GR76 472116 022302891000 $375.000.00
GR76 5(S ARIOUS) 022302891010 $1.500.000.00
Submitted for City Manager's Office by: Richard Zavala (Acting) (6183)
Originating Department Head: Fernando Costa (8042)
Additional Information Contact: Mike Brennan (8011)
Logname: 229THSTREETTCB Page 3 of 3