HomeMy WebLinkAboutContract 29365 ITY
CITY OF FORT WORTH, TEXAS COON RACSECRETARY
�Y
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Turner, Collie & Braden,
Inc., (the "ENGINEER"), for a PROJECT generally described as: Lancaster Avenue Traffic Signal
Design at Jones and Calhoun Streets and Traffic Study at Calhoun Street.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation
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) The ENGINEER 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 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 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.
tj
Page 1 of 12
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 cost/execution
effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as 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 an
other than the PROJECT described herein. In
'
E. ENGINEER's Personnel at Construction Site1.tln
.
9
(1) The presence or duties of the ENGINEER's personnel at a construction site, Whetmer
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
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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 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 ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from the ENG
opinions, analyses, projections, or estimates.
G. Construction Progress Payments ��
Recommendations by the ENGINEER to the CITY for periodic construction pmgiess
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has progressed
to the point indicated. Such recommendations do not represent that continuous or detailed
examinations have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the Contract Documents; that the final work
will be acceptable in all respects; that the ENGINEER has made an examination to ascertain
how or for what purpose the construction contractor has used the moneys paid; that title to
any of the 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.
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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 finally constructed. The
ENGINEER is not responsible for any errors or omissions in the information from others that is
incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, 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.
J. Right to Audit
(1) ENGINEER 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 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 workspace 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 three (3) 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 photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the time
copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits: FT, , I,UH,$ Hit
ENGINEER 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:
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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 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 ENGINEER's insurance policies. Notice shall be sent to Robert
Goode, P.E., Director, Transportation/Public Works Department, 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.
(f) Deductible limits, or self-insured retentions, affecting insurance required herein
shall be acceptable to the CITY in 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.
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(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 the CITY approves such exclusions.
(j) The Professional Liability insurance policy, if written on a claims made basis
shall be maintained by the ENGINEER for a minimum two (2) year period
subsequent to the term of the respective PROJECT contract with the CITY
unless such coverage is provided 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.
(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)Subcons ult ants to the ENGINEER shall be required by the ENGINEER to
maintain the same or reasonably equivalent insurance coverage as required
for the ENGINEER. When subconsultants maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained herein, in the
event a subconsultant's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by ENGINEER of the
Agreement.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any
existing conflicts of interest or potential conflicts of interest, including personal financial
interest, direct or indirect, in property abutting the proposed PROJECT and business
relationships with abutting property cities. The ENGINEER further acknowledges that it will
make disclosure in writing of any conflicts of interest that develop subsequent to t 11
this contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances � rtc: �'a. r
(1) If asbestos or hazardous substances in any form are encountered or s
ENGINEER will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
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(2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if
requested, assist the CITY in obtaining the services of a qualified subcontractor to
manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design criteria
and/or current engineering practice standards which the ENGINEER 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
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 E
services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings, spe
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 A.
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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 inderrinification.
(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. 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.
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
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."
(2) 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 ary
CITY has to bring a claim against ENGINEER.
1. CITY's Insurance -
(1) The CITY may maintain property insurance on certain pre-existing StFuetblFes
associated with the PROJECT.
Page 8 of 12
(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.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY. In the event CITY requests such services of the ENGINEER, this
AGREEMENT shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. 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
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written
Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the ENGINEER,
whether in hard copy or in electronic form, are instruments of service for this PROJECT,
whether the PROJECT is completed or not. Reuse, change, or 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.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination Of "flCliLI �*
(1) This AGREEMENT may be terminated only by the CITY for convenience on 3P d s TE'l
written notice. This AGREEMENT may be terminated by either the CITY Inx 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 5 days of
written notice and diligently complete the correction thereafter.
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(2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER
will be paid for termination expenses as follows:
a.)Cost of reproduction of partial or complete studies, plans, specifications or other
forms of ENGINEER'S work product-,
b.) Out-of-pocket expenses for purchasing storage containers, 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.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an
itemized statement of all termination expenses. The CITY'S approval will be obtained in
writing prior to proceeding with termination services.
E. Suspension, Delay, or 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.
F. 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 shall assign all or any part of this AGREEMENT without the prior writter consent
of the other party. .,
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business under tandings
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 ENGINEER, and their officers,
employees, agents, and subcontractors.
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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 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 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 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 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a
written amendment executed by both parties. The following attachments and schedules are
hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B- Compensation
Executed this the�day of 201[:'�
ATTEST: CITY OF FORT W
By:
Iona Pearson Marc Ott
City Secretary Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY RECOMMENDED FOR APPROVAL:
ell
Gary Steinber r lRobertiboode, P.E.
Assistant City Attorney Director, Transportation/Public Works
ATTEST: TURNER, COLLIE & BRADEN, INC.
By:
Ann Kovich
Associate Vice President
o C
Contract Authorization
Date
A'
Page 12 of 12
ATTACHMENT A
SCOPE OF SERVICES
1200 Summit Avenue
Turner Collie(�Braden Inc. Suite
Fort Wortorlh,Texas i6102-4409
Tel:(817)698-6700
Engineers • Planners • Project Managers Fax:(817)698-6701
December 11, 2003 TCB Job Number 052141258.0002
Lancaster Avenue Reconstruction
Ms. Dena Johnson, P.E.
Department of Engineering
1000 Throckmorton
Fort Worth, TX 76101
Re: Supplemental Engineering—Lancaster Avenue
DOE #4007
TIPW# C115-020115023246
Ms. Johnson:
This letter is in response to the City's request for TCB to provide supplemental engineering
services related to signalization design and traffic studies for the Lancaster Ave. Reconstruction
project.
1. Additional Signalization Design
This item is in response to the City's request for TCB to provide supplemental engineering
services related to signalization design at the Jones and Calhoun intersections. TCB will provide
the following services:
a. Design of modifications to the existing traffic signal at Jones Street to accommodate
a new left-turn lane.
b. Design of a new signalized intersection at the intersection of Calhoun Street and
Lancaster Ave.
Our fee to provide this additional design is $17,650 ($10,000 - Calhoun Street; $7,650—Jones
St.).
2. Additional Traffic Study Effort
Our contract calls for the development of a Synchro analysis network, with up to 3 iterations of
refinements to the network model. During the course of the project we were requested to provide
10 additional iterations of refinements to the network model. These additional iterations are
needed for coordination with TxDOT and include the addition of the Calhoun intersection, which
is not in our scope of services.
Our fee to provide this additional service is$6,225. ,
r
'W"'OR 1n, A.
E5[abliibed in 1546
Engineering Excellence for Over One- Half Century
An AECOM COANWANY
Turner CollieOBraden Inc.
Ms. Dena Johnson, P.E.
December 11, 2003
Page 2
Summary
1. Additional Signalization $17,650
2. Additional Traffic Study $ 6,225
Total Request $23,875
If you have any questions, please contact me at (817) 698-67 19.
Sincerely,
Stephen James, P.E.
Principal
C: Joe Ternus, P.E. —Fort Worth TPW
File
Attachment B
COMPENSATION
The ENGINEER shall be compensated a total lump sum fee of $23,875.00 for the project.
Payment of the lump sum fee shall be considered full compensation for the services described in
Attachment A for all labor, materials, supplies, and equipment necessary to complete the services.
The ENGINEER shall submit monthly invoices to the CITY for all work performed under this
agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a
description of the tasks performed for that particular month, percent complete for each task,
amount budgeted for each task, portion of budget amount expended, previous billing totals, and
totals for invoice.
The following is a list of all of the firms and their fees in the contract:
Turner Collie & Braden - $23,875