Loading...
HomeMy WebLinkAboutContract 25795 CITY SECRETARY c — — CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Carter & Burgess, Inc., (the "ENGINEER"), for a PROJECT generally described as: Engineering Services to prepare the plans and specifications for widening North Beach Street from Basswood Boulevard to Shiver Road. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. ��:D�� [�( P '°ay 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 any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on- site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or qualify of performance by third parties; quality, type, management, -3- or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. H. Minority and Woman Business Enterprise (M/WBE) participation In accord with City of Fort Worth Ordinance No. 11923, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of four (4) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of four (4) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3)hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photo copy such documents as �LP —4— , ppV}��dG. G�'(� � � may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. J. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease -each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items section K.(1) and K.(2) of this agreement are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten -5- I`��'����E'clp,,'s a i`y P L�o 171'1'j_nHHQ a. (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. (j) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided 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) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of r��tif �EG?E '° ESV insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data -7- U`!10U�iD ����liF 19 The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. VPECOND 10 EPY (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 any right the CITY has to bring a claim against ENGINEER. 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 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 -9- f;rll 7 �j 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 (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the -10- ��i � G1k, 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 will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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 —12— +' a " INV M' Fit `r4 IM, Tao 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. 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 -Special Provisions ATT ST: CITYUFORTRTH By: Gloria Pearso -�q- Mike Groomer City Secretaq Assistant City Manager APPROVED AS TO FO M APPR EC AND ,,,�, 00 00 Gary Steinbe go A. Mal ga, P.E-,Mf6--for Assistant City Attorney Transportation and Public Works ATTES C rt & , Inc. ad B. r n LA Vice-President contract Authorisation D© *gate -13- '�R�C�W6 U� Cl� D iRo w(ci ILo TV. Attachment A SCOPE OF SERVICES North Beach Street Expansion Basswood Blvd to Shiver Road This contract provides for final design and preparation of one (1) project plan set. The project includes the North Bound lanes of Beach Street from Basswood Boulevard to Shiver Road and the South Bound lanes from Tarrant Parkway to Thompson Road. Also included will be the design and hydraulic calculations required for the construction of a major drainage structure at the Whites' Branch Creek. 1. FIELD SURVEYING: A. Establish project horizontal control based on City of Fort Worth datum base. B. Establish vertical control network based on City datum base. C. Establish centerline of NTP and proposed Beach Street. D. Establish horizontal and vertical locations for soil borings. E. Establish centerline of intersecting streets, alleyways and driveways. F. Perform topographic surveys determining the horizontal and vertical location of topographic features, including: 1. Paving, curbs, medians, driveways, sidewalks. 2. Signs, poles, post. 3. Drainage structures (including details). 4. Apparent utility features (fire hydrants, manholes, valves, junction boxes, etc.) G. Detail Topography 1. Obtain detail topography of existing paving and adjacent R.O.W. adequate to perform Engineer s design of roadway from Basswood Boulevard to NTP. 2. Intersecting Streets -- Obtain detail topography of all major intersecting streets. Topography will extend to 200 feet left and right of the centerline of Beach Street. 3. Drainage courses--Take cross-sections, at 50-foot intervals, along Whites' Branch Creek. Limits of sections will be from 300 feet upstream to 300 feet downstream from the roadway R.O.W.s intersected. N:UOB\010308\01030800.SOS 1 + Q r, c (II fI��57A fel�,ti9 March 15,2000 N Jud Ut7V�^l FC,FU°Qp Ig�,l��a 4. Specific Utilities—after determination of possible conflicting utility elements, detailed surveys will be made to determine the specific location of these utilities. This scope of work does not include the task of field-locating and exposing underground utilities, but does include coordination with utility companies for locating utilities. 2. PROJECT MANAGEMENT: A. Coordinate the project with the City during the development of the final design. B. Perform general administration duties, including: coordination with subconsultants; preparation of invoices; scheduling; record keeping and; file management. C. Attend up to three (3) meetings with officials from the City, utility companies, municipalities, counties, and other governmental agencies. D. Oversee quality assurance and quality control (QA/QC) program. Each scheduled submittal of plans to the City shall receive QA/QC. E. All work will be performed in accordance with City Standards. F. Plan sheets will be 24" x 36" size, scaled to 1 inch = 20 ft. 3. ROADWAY DESIGN: A. Coordinate with the City for pavement design and prepare typical roadway sections. Obtain City approval. B. Refine the horizontal and vertical alignment of Beach Street design schematic, as may be required. C. Develop horizontal and vertical alignments for intersecting streets and driveways. D. Develop an earthwork analysis to determine cut and fill quantities and provide final design cross sections at 50 foot intervals. Cross sections shall utilize a 1"=20' horizontal and 1"=2' vertical scale and shall be delivered in scroll form. E. Consult with the City on geotechnical information obtained from core holes and testing pertaining to embankment stability and settlement, pavement design, bridges, retaining walls, temporary shoring, special sign structures and other engineering matters as may be applicable to the project. Incorporate geotechnical information into plans. vnlcugh �gcooED N:UOB\010308\01030800.SOS 2 March 15,2000 F. Prepare roadway plans, profiles and typical sections. The plans shall consist of the following sheets: See Attached Listing Utilities are to be adjusted by others prior to letting and are not to be a part of fee for reimbursement. G. Sidewalks: The design for sidewalk will be provided by sidewalk along the east side of Beach Street from Basswood to Shiver and along the west side of Beach Street from Thompson Road to North Tarrant Parkway. 4. DRAINAGE DESIGN: The project elements include inlet placement, storm sewer design, drainage structure design, erosion control, stormwater pollution prevention plan, and hydraulic analysis. The work is further defined below: A. Prepare overall drainage area map, showing existing contours, proposed drainage patterns and outfall locations. Overall drainage maps shall be prepared based on available topographic mapping and field observations. B. Establish inlet and manhole locations. C. Establish drainage outfall locations. D. Design storm sewer systems and prepare storm sewer plan and profile sheets with supporting hydraulic data sheets. Existing Beach Street storm sewer systems will be extended, as required, using City of Fort Worth criteria. E. Prepare drainage plans for the proposed improvements, including the following sheets: Drainage Area Maps Hydraulic Data Drainage Plan and Profiles Storm Water Pollution Prevention Plan Drainage Details Channel Improvements F. Coordinate drainage designs with existing and proposed utility designs in the along Beach Street. N:UOB\010308\01030800.SOS 3 (�?o �uNi�6`;��� Na March 15,2000 5. SIGNING, MARKINGS AND SIGNALIZATION: A. Prepare guide sign details including support details, if required. B. Prepare traffic signal warrants. C. Prepare signing, marking, and signalization plans, including the following sheets: 1. Summary of Signs 2. Signing, Delineation and Pavement Markings 3. Guide Sign Layouts (if required) 4. Final signal layouts, details and foundation designs D. Traffic Signal Designs 1. Prepare base plan from survey and proposed design for the following intersections with Beach Street: a. Thompson Road b. Summerfields Boulevard C. Prewett Road 2. Transmit base sheets to utility service providers with request for identification and location of all utilities in and around the intersection. Add utilities identified by service providers to base sheets. 3. Develop construction plan sheets showing traffic signal poles,detector loops, conduit runs, wiring diagram, and signal face locations. Develop plan view sheets showing traffic signal indications, poles, and any traffic control signs to be mounted on the traffic signal. Develop wiring diagram sheet showing the number and type of electric wire runs between the signal controller and indications. Develop traffic signal phasing based on projected traffic counts developed during schematic design. Develop quantity estimate sheet. 4. "As Built" Plans of adjacent/connecting facilities prepared by others (the City), will be used as the basis for any designs associated with the Project. 5. It is understood that the Project will include intersections controlled by the City. It is assumed for the purpose of this proposal that the existing specifications used by the City will be used for all intersection design plans. 6. Beach Street and North Tarrant Parkway: The design for signalization at Beach Street and North Tarrant Parkway is presently included in the design/engineering contract for North Tarrant Parkway. At the city's direction,these services will be performed and included in construction associated with this contract. E. Work items not included in this scope of services: N:UOB\010308\01030800.SOS 4 ,, CCNNNN ^�Pj( ���j`,D March 15,2000 15 t�t1U 1. Confirm power source and prepare adjustment required for electric service. 2. Intersection manual turning movement counts or 24-hour intersection tube counts that may be required. 3. Analysis (Syncho, PASSER,TRANSYT-7F, etc)for determination of splits or cycle lengths. 4. Field adjustments to Traffic Signal Timing Plans. 6. MISCELLANEOUS STRUCTURES: A. Geotechnical Testing (See item 10) The Engineer will provide pavement and structures in accordance with City of Fort Worth standards. B. Work Items Not Included in This Scope of Services 1. Sound Barrier Walls. 2. Overhead Sign Structures. 3. Traffic Control Plan. 7. MISCELLANEOUS ROADWAY: A. Illumination: 1. Summarize illumination quantities. 2. Depict conduit locations as provided by City for street lights and signals. 3. Prepare illumination layouts,electrical circuit layouts,details and illumination foundation design. B. Prepare Stormwater Pollution Prevention Plans (SW3P) C. Prepare National Pollutant Discharge Elimination System (NPDES) permit. D. Prepare Quantities, Summaries and Cost Estimate. E. Prepare Special Provisions and Special Specifications. F. Coordinate production of General Notes through the City. G. Work items not included in this scope of services: 1. Landscaping and irrigation plans. ���0EDP Na106\010308\01030800.S10S 5 �r� u� March 15,2000 71i VQ)FVM. YPf H. Plans, Specifications & Estimates Submittal Preparation and Reviews: 1. 35% Review: Submit three(3)sets of preliminary plans to the City for review and comments. The submittal will include typical sections, plan&profiles for all alignments, and overall drainage map. 2. 65% Review: Submit three(3)sets of preliminary plans to the City for review and comments. The submittal will include typical sections, plan&profiles for all alignments, drainage details and hydraulic data. 3. 95% Review: Submit six (6) sets of review plans to the City for review and comments. The submittal will include completed plans including specifications, general notes and quantities. 4. 100%Submittal: Submit one(1)set of mylar originals and up to ten(10)sets of prints of plans, specifications and estimate. 5. Deliverables will be the required sets of plans for bidding. Provide the City with digital file of substantially complete design documents (excluding standard drawings)for this project. This digital file shall be in an Intergraph Microstation format or formats that are compatible with the computer system used by the City of Fort Worth. 8. RIGHT-OF-WAY DATA AND UTILITY COORDINATION: Right-of-way will be defined from Basswood Boulevard to Shiver Road, including the dedicated right-of-way parcels. Prepare legal description and exhibits for those parcels of R.O.W. not yet obtained. The City will pursue and obtain the needed R.O.W. A. Obtain right of entry documentation for private property requiring surveying. B. Provide the City with required right-of-way and easement limits. C. Coordinate with the City to determine existing and proposed utilities which are located within the limits of the project. D. Furnish roadway and drainage plans, profiles, sections and other pertinent design data to the City for distribution to utility agencies for their review, comments and design considerations. Only plans that have any bearing on said utility agencies shall be furnished and only after certain completion milestones have been achieved. These milestones are: 1. After receiving the City approval for the design schematic. 2. After the construction plans have been reviewed by the City at the 65% complete submittal. 3. After the construction plans have been reviewed by the City at the 95% complete submittal. 4. Utility adjustment plan will be provide N:UOB\01 0308\01 030800.SOS 6 rf G� Q, March 15,2000 FT� of',,MQ TF E. Field-tie existing right-of-way monumentation. F. Field-tie property corners adjacent to R.O.W. G. Prepare individual parcel plats of acquisitions (right-of-way and easements). H. Prepare legal descriptions of each right-of-way or easement parcel, needed to be acquired. I. Incorporate right-of-way data into project electronic file. J. This Scope of Work does not include the task of field-locating and exposing underground utilities, but does include coordination with utility companies for locating utilities. 9. Wetlands/+041FEMA CLOMR & LOMR The following tasks apply only to the proposed improvements associated with the construction of a major drainage structure at White's Branch Creek A. Wetlands/404 Permitting Assistance 1. Arrange a preliminary meeting with the Client and the U.S. Army Corps of Engineers (COE) to discuss the project and any permitting concerns. Minutes of the meeting will be prepared and submitted to the Client within 10 days after the meeting. 2. Prepare a 404 nationwide permit application with mitigation plan and exhibits for submittal to the COE. After submittal C&B will follow up with the COE on a timely and ongoing basis to minimize time for review and facilitate any necessary revisions. 3. Prepare a mitigation plan based on input from the Owner/Client, C&B, COE, and other agencies to identify mitigation requirements, if necessary. A maximum of 20 hours has been assumed for this task. 4. C&B will coordinate the above and attend meetings as may be required (up to the budgeted limit) with Client/Owner, C&B, and U.S. Army Corps of Engineers Regulatory Branch. A maximum of 20 hours has been assumed for this scope of services. 404 Assumptions a. It has been assumed that a suitable mitigation site would be located within the proposed project area. One site visit has been assumed for this scope. In the event additional effort is necessary to ascertain a more appropriate location, it will be requested as Additional Services. b. It is assumed that the proposed project can be authorized under the Nationwide Permit program. In the event an Individual Permit is N:UOB\010308\01030800.SOS 7 NYW �1'.OQVD March 15,2000 required, the additional preparation and coordination will be requested as Additional Services. C. One site visit and one on-site meeting have been scheduled as part of this scope. Should additional meetings be required, these will be requested as Additional Services. B. CLOMR 1. Gather and review existing site information, topographic data, and existing FEMA flood study data. Initial analysis will include a site visit and coordination meeting(s) with City of Fort Worth personnel, if necessary. Review is to determine the current regulatory flood flows,flood plain and the status of development adjacent to the project. 2. Prepare a proposed improvements flood plain model for White's Branch. Road improvements are intended to provide a culvert sufficient to pass the 100-year design storm within the creek without adverse impacts to adjacent and/or downstream properties. A flood plain map will be prepared for review of resultant flood elevations. 3. Meet with the Client and design engineers to discuss the proposed road crossing. Modifications and/or clarifications requested by the City will be incorporated prior to preparing a map revision submittal. 4. Prepare a Conditional Letter of Map Revision (CLOMR) submittal package and submit the request for approval to the City of Fort Worth Engineering Dept. and FEMA. The submittal package will include a study report,exhibits, maps, models, and FEMA forms. The FEMA review fee, currently $3100, shall be the responsibility of the Client. The Client shall sign the application and provide a check to"National Flood Insurance Program"upon request of the engineer. A Floodplain Development Permit for the City will be prepared for submittal with the CLOMR if required. 5. Coordinate with the City, FEMA and FEMA consultant during review of the CLOMR request. v,ff0�1AA GCC0D N:UOB\010308\01030800.SOS 8 FUO � JFN7,,Nr �o March 15,2000 C. LOMR 1. Following completion of site improvements, including permanent erosion and sedimentation control measures, the client shall provide a certified as-built survey. C&B will review the survey and review the completed project in a site visit to ascertain that the project has been completed in substantial compliance with the approved CLOMR. 2. Prepare a Letter of Map Revision (LOMR) request based on the as-built survey. The submittal package will included an as-built report, exhibits and FEMA forms. If the construction is not in substantial compliance, a revised flood study must be completed prior to a LOMR request. Revisions to the flood study, in this event, will be prepared by C&B as Additional Services after approval by Client. The FEMA review fee, currently$3400, shall be the responsibility of the Client.The Client shall sign the application and provide a check to"National Flood Insurance Program" upon request of the engineer. 3. Coordinate with the City, FEMA and FEMA consultant during review of the LOMR request. CLOMR/LOMR Assumptions a. Previous hydrologic, hydraulic studies, and site information for White's Branch are available. b. A maximum of 20 hours has been assumed for coordination with regulatory agencies, and other project consultants. Should additional information be required, it will be accomplished as Additional Services. 10. GEOTECHNICAL SERVICES: The objectives of this study are to determine the subsurface conditions and develop recommendations for pavement design for the project. A. Field Investigation: We plan to explore subsurface conditions at the subject site by drilling and sampling 23 borings that will be drilled to an average depth of 10 feet along the alignment of the proposed roads. We have assumed that the average cut and fill to be of the order of 2 to 3 feet at the boring locations. All of the borings will be advanced with a truck-mounted drilling rig. Undisturbed cohesive soil samples will be obtained using 3-inch diameter, thin-walled tube samplers pushed into the soil. Non-cohesive soil samples will be obtained using split-barrel samplers used in conjunction with the standard penetration test. The primary rock will be evaluated using Texas Department of Transportation cone penetration tests. Field personnel will stake the boring locations using normal taping procedures. Locations will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided 3FFUGQD N:UOB\01 0308\01 030800.SOS 94u U ��r� ,,�,� March 15,2000 V. yr n rrzo. upon request. At the completion of drilling operations, boreholes will be backfilled and plugged at the surface. B. Laboratory Investigation: The engineering properties of the subsurface soils will be evaluated in the laboratory by tests performed on representative selected soil samples. The samples will be visually examined and classified, and representative samples will be selected for index, strength, and swell compressibility testing. Considering the nature of the project, we recommend that the following tests be performed: 1. Moisture contents and/or dry unit weight tests; 2. Atterberg limit tests; 3. Unconfined compressive strength tests in soils 4. One point or pressure absorption swell tests; 5. Percent passing a No. 200 sieve; 6. Lime series tests; and 7. Sulphate tests. C. Engineering Services: The results of the field and laboratory data will be evaluated to develop geotechnical recommendations. An engineering report will be prepared and will include the following: 1. Plan of borings, boring logs, laboratory test results, and water level observations; 2. General soil and subsurface water conditions at the boring locations; 3. Earthwork recommendations; 4. Recommendations for pavement design. Four copies of the report will be provided unless otherwise requested. N:UOB\01 0308\01 030800.SOS 10 March 15,2000 Attachment B COMPENSATION The Engineer shall be compensated a total lump sum fee for the project. Payment of the lump sum fee shall be shall be considered full compensation for the services described in Attachment A for all labor, materials, supplies, and equipment necessary to complete the services. The Engineer shall submit monthly invoices to the City for all work performed under this agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a description of the tasks performed for that particular month, percent complete for each task, amount budgeted for each task, portion of budget amount expended, previous billing totals, and totals for invoice. The following is a list of all of the firms and their fees in the contract: Carter and Burgess, Inc. (General Consultant) $231,700.00 ANA Consultants, LLC (M/WBE @ 32%) 111,000.00 Geotechnical Investigation (FUGRO) 7,000.00 TOTAL $349,700.00 The Engineering Design fees for this project will be distributed as follows: Scope of Services C & B ANA FUGRO 1. Field Surveying $ 1,500 $ 28,500 $ - 2. Project Management 30,000 - - 3. Roadway Design 70,700 - - 4. Drainage Design 40,000 - - 5. Signing Marking & Signalization 35,000 - - 6. Miscellaneous Structures 6,000 - - 7. Miscellaneous Roadway (Street Lights) 25,000 - - 8. Right of Way Data & Utility Coordination 1,000 4,000 - 9. Wetlands/404/FEMA 21,000 - - 10. Geotechnical Investigation - - 7,000 11. Construction Staking 1,500 28,500 - 12. Computer Aided Design & Drafting 50.000 TOTAL $231,700 $111,000 $ 7,000 N:UOB\010308\01030800.SOS 11 :sCi br C� Md � �� � � March 15,2000 Attachment C SPECIAL PROVISIONS CONSULTING ENGINEERING CONTRACTS • Changes of Work: The Engineer shall make such revisions in the work included in this contract which has been completed as are necessary to correct errors appearing therein when required to do so by the City without undue delays and additional cost to the City. If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof, the Engineer shall make such revisions. If requested and as directed by the City. This will be considered as additional work and paid for as specified under Additional Work. • Additional Work: Work not specifically described under"Scope of Services" must be approved by supplemental agreement to this contract by the City before it is undertaken by the Engineer. If the Engineer is of the opinion that any work he has been directed to perform is beyond the scope of this agreement and constitutes extra work, he shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work, then the City shall so advise the Engineer, in writing, and shall provide extra compensation to the Engineer for doing this work on the same basis as covered under Compensation and as provided under a supplemental agreement. The lump sum fee shall be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. • Minority/Women Business Enterprise (M/WBE) Percentage Goal: The percentage goal for M/WBE participation in the work to be performed under this contract is thirty-one (31%) percent of the contract amount. u��B Gkak G� MOOD V LJ ��L1Y N:UOB\010308\01030800.SOS 12 March 15,2000 �; City of Fort Worth, Texas tMayor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/11/00 **C-17975 1 20WIDE 1 of 2 SUBJECT ENGINEERING SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO PREPARE THE PLANS AND SPECIFICATIONS FOR WIDENING NORTH BEACH STREET FROM BASSWOOD BOULEVARD TO SHIVER ROAD RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering services agreement with Carter& Burgess, Inc. to prepare the plans and specifications for widening North Beach Street from Basswood Boulevard to Shiver Road for a lump sum fee of$349,700. DISCUSSION: Rapid residential development has occurred along the east side of North Beach Street from Basswood Boulevard to Shiver Road. In order to serve the existing and projected traffic needs in this area, North Beach Street needs to be widened from Basswood Boulevard to Shiver Road. The North Beach Street widening project is divided into three segments: 1. Basswood Boulevard to Thompson Road: Three northbound lanes will be added on North Beach Street to provide for a 6-lane divided road. New traffic signals are anticipated at Thompson Road, Summerfields Boulevard, and Prewett Road. Traffic signal conduits will be placed at other specified intersections for future signal installation. A sidewalk will be constructed on the east side of North Beach Street. 2. Thompson Road to North Tarrant Parkway: North Beach Street from Thompson Road to North Tarrant Parkway is a narrow county road and will be widened to a 6-lane divided roadway to match the proposed section south of Thompson Road. A new traffic signal is anticipated at North Tarrant Parkway. A multiple box culvert will need to be constructed in this section for the Whites Branch Creek Tributary. A sidewalk will be constructed on the east and west side of North Beach Street in this section. 3. North Tarrant Parkway to Shiver Road: The northbound lanes will be added on North Beach Street to provide for a 3-lane road. The 3 lanes will be built on the east half of North Beach Street. The 6-lane divided road will be carried through the intersection of North Tarrant Parkway and immediately transition to the 34ane road. A traffic signal conduit will be placed at the intersection of Shiver Road for future signal installation. A sidewalk will be constructed on the east side of North Beach Street. City staff is determining the amount of money collected through Community Facilities Agreements on the east side of North Beach Street. The design of this project will enable a more accurate cost estimate to determine the developers' and the City's share of the street construction. The construction plans and specifications should be completed by September 2000. If City funds are available, a contract can be awarded with an anticipated completion date in early summer 2001. City of Fort Worth, Texas qV111jor And council conswunication DATE REFERENCE NUMBER LOG NAME PAGE 4/11/00 **C-17975 1 20WIDE 2 of 2 SUBJECT ENGINEERING SERVICES AGREEMENT WITH CARTER & BURGESS, INC. TO PREPARE THE PLANS AND SPECIFICATIONS FOR WIDENING NORTH BEACH STREET FROM BASSWOOD BOULEVARD TO SHIVER ROAD Carter & Burgess, Inc. was selected by the City to prepare the plans and specifications for the project. The lump sum fee for the project is $349,700. Staff considers this fee to be fair and reasonable for the scope of services to be performed. Carter & Burgess, Inc. is in compliance with the City's M/WBE Ordinance by committing to 32% M/WBE participation. The City's goal on this project is 31%. This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike GroomAppROWDer 6140 CITY COUNCIL Originating Department Head: Hugo Malanga 7801 (from) APR 11 2000 C115 531200 020115136296 $349,700.00 Additional Information Contact: city Secretary of the Hugo Malanga 7801 city of Fort worth,flax"