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HomeMy WebLinkAboutContract 26056 CITY SECRETARY CONTPACT NO. CITY OF FORT WORTH, TEXAS j--��0 STANDARD AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Nimrod Long and Associates, (the "CONSULTANT"), for a PROJECT generally described as the Facilitation of a Public Involvement Process and the Design for the Southwest Parkway (SH-121 T). Under this AGREEMENT, Mr. Nimrod Long will take a support role to Transportation Systems Planning, Joel P. Leisch, during this review process. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The CONSULTANT's compensation is set forth in Attachment B. 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 monthly progress reports and percent (%) of completion to substantiate invoices. (2) Monthly invoices will be issued by the CONSULTANT 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 the CONSULTANT for billings contested in good faith within 60 days of the amount due, the CONSULTANT 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 CONSULTANT shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. it 11 C -A ktcow -i Iry gf'rQvRA4 ky FrI f !,ro)F))?M ?IV Article IV Obligations of the CONSULTANT Amendments to Article IV, if any, are included in Attachment F. A. General The CONSULTANT will serve as the CITY's professional consulting representative under this Agreement, providing professional engineering and planning 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. Preparation of Engineering Drawings The CONSULTANT will provide to the CITY the original drawings of all plans in ink on reproducible vellum sheets and in electronic format as 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 CONSULTANT shall not be liable for the use of such drawings for any project other than the PROJECT described herein. All drawings shall be signed and sealed by a Professional Engineer registered in the State of Texas. D. Right to Access Documents (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 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 workspace in order to have access to such documents in compliance with the provisions of this section. The CITY shall give CONSULTANT reasonable advance notice. (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 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 the subcontract, and further, that the CITY shall have access during normal working hours to all necessary subconsultant facilities, and shall be provided adequate and appropriate work space in order to have access to such documents in compliance ;.,u with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice. (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. E. CONSULTANT'S Insurance (1) Insurance coverage and limits: CONSULTANT 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 $500,000 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 enforced 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 Section E. (1) and E. (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. E,V ��ix( (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non- payment of premium. Such terms shall be endorsed onto CONSULTANT's Insurance policies. Notice shall be sent to Mr. Hugo Malanga, Director of Transportation and 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 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 CONSULTANT's insurance policies including endorsements thereto and, at the CITY's 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 such are approved by the CITY. (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 E., 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 -4- insurance coverage is maintained by subconsultants, CONSULTANT 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 CONSULTANT of the Agreement. F. Independent Consultant The CONSULTANT agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. G. 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 owners. The CONSULTANT 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. H. Design Changes If the City requires 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 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 reasonable 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. I. 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. NRC A k FECOND Article V Obligations of the City Amendments to Article V, if any, are included in Attachment F. A. City-Furnished Data The CITY will make available to the CONSULTANT all available and appropriate data, as determined by the CONSULTANT, relating to the CONSULTANT's services on the PROJECT, which the CITY possesses or is entitled to. The CONSULTANT may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. A list of initial information and data requirements to be furnished by the CITY has been provided in Attachment A. B. Access to Facilities and Property (1) 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 be responsible for all acts of the CITY's personnel. (2) The CITY will provide an office and/or conference room for the CONSULTANT within the CITY complex. This office will be furnished by the CITY including telephone, computer with internet access, and all project materials, data, etc. C. 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 C. D. Prompt Notice The CITY will give prompt notice to the CONSULTANT whenever 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. E. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions providing contractor indemnification of the CITY and the CONSULTANT for contractor's negligence. F. 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 consulting services performed. Only the CITY will be the beneficiary of any undertaking by the CONSULTANT." (2) This AGREEMENT gives no right 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 Section V.F. shall be construed as a waiver of any right the CITY has to bring a claim against CONSULTANT. G. 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 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. H. 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 CITY requests such services of the CONSULTANT, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. I. Additional Work, Changes in Work, Supplemental Agreements If the CONSULTANT is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes extra work, it shall promptly notify the CITY in writing. In the event the CITY finds that such work does constitute extra work and exceeds the maximum amount payable, the CITY shall so advise the CONSULTANT and a written supplemental agreement will be executed between the parties as provided in this Article. The CONSULTANT shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The CITY shall r Qlv MWI-WI-IR not be responsible for actions by the CONSULTANT or any costs incurred by the CONSULTANT relating to additional work not directly associated with the performance of the work authorized in this contract or as amended. Any services provided on a time and material (T & M) basis shall be in accordance with Attachment D. If the CITY finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, 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 in this Article. The CONSULTANT shall make such revisions to the work authorized in this contract which has been completed but are necessary to correct errors by the CONSULTANT appearing therein, when required to do so by the CITY. No additional compensation shall be paid for this work. The terms of this contract may be modified by mutual agreement if the CITY and CONSULTANT determine that there has been a significant change in (1) the scope, complexity or character of the services to be performed as noted in Attachment A.; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified. In the event the CITY and CONSULTANT decide by mutual agreement that additional services, as noted in Attachment A., are required, specific scope(s) of services and appropriate compensation shall be determined. Both parties must execute any supplemental agreement. It is distinctly understood and agreed that no claim for extra work done or materials furnished shall be made by the CONSULTANT until full execution of the supplemental agreement and authorization to proceed is granted by the CITY. The CITY reserves the right to withhold payment pending verification of satisfactory work performed. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment F. A. Authorization to Proceed CONSULTANT shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the City Manager or his designatee. 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 sole 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 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 either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 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 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 including travel and other related expenses; (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 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 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 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. e 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 CITY or CONSULTANT hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in questions 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, judgement 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). -10- rp ���E S fGI °{J�°7 (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.E., VI.B, VI.D, VI.H, 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 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. CONSULTANT 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. M. Notification For purposes of this AGWEEMENT, written notice shall be submitted as follows: (1) To the CITY: Mr. Hugo Malanga, Director Transportation and Public Works Department City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 (2) To the CONSULTANT: • Mr. Joel P. Leisch, P.E. Transportation Systems Planning 1627 E. Holly Street Boise, ID 83712 Mr. Nimrod Long Nimrod Long and Associates 2213 Morris Avenue, First Floor Birmingham, AL 35203 NTV FT. woo V J111,13H, Y19X 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 — Project Schedule Attachment D — Hourly Rate Schedule Attachment E —Technical Plan Requirements EXECUTED on this the '7tk' day of gJ41 , 2000 in Fort Worth, Tarrant County, Texas. ATTEST: CUOFT RTH L a0, 0- Gloria Pearson Rke Gro mer 11 City Secretary Assistant City Manager APPROVED AS TO FORM APPROVAL RECOMMENDED AND LEGALITY Gary Steinberg-4 `'Hugo A. Malanga, P.E., Dir or Assistant City Attorney Transportation and Public Works ATTEST: NIMROD LONG and SSOCIATES NimreLong Owner Contract Authorization D��Date kieNl Ent MYF Cru G ATTACHMENT A SCOPE OF SERVICES A. The following scope of services shall be provided by CONSULTANT: 1.0 PUBLIC INVOLVEMENT PROCESS 1.1 Project Fundamentals The CONSULTANT will utilize a package of information including a summary of all key decisions by the Fort Worth City Council, a listing of commonly asked questions and answers, a statement of issues to be resolved and the Project Development Team's mission statement which package of information will be available for public review and comment during the Public Involvement Process. The CONSULTANT'S Scope of Services are limited to the premise or recommendation by the Peer Review Team: "SH-121T, as a park-like roadway is needed". The intent of this work effort is to develop design alternatives and to quickly and efficiently assess issues and designs and to reach a consensus on a Recommended Plan. 1.2 Project Sections The CONSULTANT shall prepare information and conduct the public involvement program for two sections of SH-121T; North Section I, Summit Avenue to Hulen Street; South Section II, Hulen Street south to Altamesa Boulevard. 1.3 Issues The following issues would be addressed: a. Modification of the SH-121T/1-30/Forest Park Boulevard interchange, including but not limited to, consideration of concepts A-1, A-2, A-3, B and C as identified by the Peer Review Team; b. Modification of the SH-121T/Bellaire Drive interchange; c. Modification of the SH-121T/1-20/SH-183 interchange; d. Frontage roads and linear commercial development; and e. General improvements and land use principles that would create a "park-like roadway", consistent with the Peer Review Team's guiding principles. 1.4 Description of Meetings There will be two types of public meetings. "Public Workshops" would be conducted for the North and the South Sections as noted in Section 1.5. Figures, exhibits, photos, data, etc. will be available for viewing in one-on-one groups. The Project Development Team members may also be involved in the one-on-one or small group facilitation. A-1 - OF 6/30/00 Scope of Services 'Y ii` / c)ti P ;�� � d2 c I � UJ 0 These workshops will be conducted by the facilitator(s) with the Project Development Team in attendance to listen to public comments and suggestions and to interact with the public, as appropriate. The Project Development Team Workshops would be conducted in an informative and advisory format with presentations. Figures, exhibits, photos, data, etc. would be available for viewing. Public comments, statements and questions would be encouraged at the end of these meetings. The Project Development Team would make all appropriate decisions during the process and forward its recommendations to the City Council for final approval. 1.5 Public Meetings 1.5.1 FIRST Project Development Team Workshop a. Review and/or develop FUNDAMENTALS: • City Council "Decisions" • Common Question & Answer Information • Review Peer Review Team Recommendations • Define and Establish "Issues" • Define Project Development Team's "Mission Statement" b. Review Alternative Designs for future discussions. c. Outline issues on SECTION I for discussion d. Assist in development of exhibits and minutes of Project Development Team Workshops 1.5.2 FIRST Public Workshop a. Present the FUNDAMENTALS b. Receive initial public comment and input on FUNDAMENTALS c. Outline SECTION I — Hulen Street to Summit Avenue d. Receive initial public comment and input on design and issues for SECTION 1 1.5.3 SECOND Project Development Team Workshop a. Review and discuss public comment and input and consider changes on: • FUNDAMENTALS • SECTION I comments and develop recommendations b. Outline issues on SECTION II for discussion c. Assist in developing exhibits and minutes of Project Development Team Workshop highlighting any revised recommendations 1.5.4 SECOND Public Workshop a. Present any revisions to previous recommendations b. Outline SECTION II — Hulen Street south to Altamesa Boulevard c. Receive initial public comment and input on SECTION II d. Entertain additional public comment and input on: • FUNDAMENTALS • SECTION I Recommendations A-2 6/30/00 Scope of Services Lti�W('NU�d 1.5.5 THIRD Project Development Team Workshop a. Review and discuss public comment and input and consider changes on: • FUNDAMENTALS • SECTION I Recommendations • SECTION II Recommendations b. Assist in developing exhibits and minutes of Project Development Team Workshop highlighting any revised recommendations 1 .5.6 THIRD Public Workshop a. Present any revisions to previous recommendations b. Receive additional public comment and input on: • FUNDAMENTALS • SECTION I Recommendations • SECTION II Recommendations 1.5.7 FINAL Project Development Team Workshop a. Review all newly received public comment and input b. Finalize all recommendations c. Authorize preparation of final report (including final schematics) for forwarding to City Council d. Assist in developing exhibits and minutes of FINAL Project Development Team Workshop and Final Report 1.6 Facilitation of Public Meetings CONSULTANT shall facilitate the public involvement process, including but not limited to, the following: a. Four (4) meetings with Project Development Team Workshops. b. Three (3) Public Workshops. c. Define requirements for project website, hotline and newsletter. d. Define materials for Project Reference Notebook and work with City staff to prepare for Public Workshops and Project Development Team Workshops. e. Assist the City in development of exhibits and minutes of Public Workshops. 1.7 Design Support CONSULTANT shall select support consultants that are well experienced in accomplishing the tasks described herein for a facility such as the SH-121 T. The staff shall be well experienced on these types of projects and can accomplish the tasks and produce the products that are required in an efficient and timely manner to assure a successful project. Joel Leisch will have the ultimate responsibility for the quality and the products produced. Mr. Nimrod Long will be in charge of landscaping amenities, architectural treatment, etc. for this project. A-3 6/30/00 Scope of Services 2.0 SCHEMATIC DESIGN 2.1 The CONSULTANT shall be responsible for development of the following designs: a. Prepare sketch designs of roadway schemes, variations and modifications to the SH-121T plans with Transportation Systems Planning as noted below: 1) Up to three (3) designs to the "Modified Plan" from Montgomery Street to Summit Avenue. 2) One (1) variation for the Bellaire Drive/IH-20/SH-183/Overton Ridge Interchange Complex. 3) One (1) variation (if appropriate) for areas between the various interchanges. The above would be developed in "single line" form (1"=200') superimposed on aerial mosaics. These would be included in the Final Report. b. Prepare sketches of landscape and architectural treatments c. Prepare example landscape and architectural treatment designs, renderings, aerial oblique montages, etc. 2.2 Develop Schematic Designs, with horizontal and vertical controls, in a format compatible with the Texas Department of Transportation (TxDOT) and the North Texas Tollway Authority (NTTA) requirements noted in Attachment E for the selected Plan(s) of SH- 121T between Summit Avenue and Bellaire Drive and between Overton Ridge and Altamesa Boulevard. 2.3 Identify any issues in the design, which could have negative impacts that could cause the Draft Environment Impact Statement (EIS) to be revised. 3. SUPPORT SERVICES The CONSULTANT shall be responsible for providing all support services, except as otherwise noted in Section B of this Scope of Services, to accomplish the tasks outlined in this Scope of Services. Such support services shall include the following: a. "Schematic" design roadway plans, cross-sections and signing for the selected Plan(s) of SH-121T and any other services required by the CONSULTANT. b. Example and specific landscape and architectural "treatment' designs, renderings, aerial oblique montages, etc. for the selected Plan(s) of SH-121T. c. Concept design level construction costs and right-of-way requirements for the Selected Plan(s) of SH-121T. d. Prepare exhibits, figures, etc. of concept designs for workshops, public information meetings, and for project reference notebook. e. Prepare Final Report documenting the work accomplished, designs, public participation, etc. 6/30/00 Scope of Services 0 4. OPERATIONAL ANALYSIS The CONSULTANT shall direct and develop an operational analysis (HCS) for up to three variations for the sections of SH-121T and 1-30 from Montgomery Street to Summit Avenue. The City and the Consultant shall jointly determine what design variations shall be analyzed. 5. FINAL REPORT AND DESIGN The CONSULTANT shall prepare a Final Report documenting the work accomplished, "single line" concept alternatives, design features, public participation, etc. The CONSULTANT shall also provide the selected Schematic Design(s) to the City in electronic and reproducible formats compatible with TxDOT and NTTA requirements noted in Attachment E. B. The following services to be provided by City: The City shall provide the CONSULTANT the following services: 1. All available data, information, plans, mapping, reports etc. related to the SH-121T in a readily usable electronic and/or paper format(s). 2. Field reconnaissance and surveys as necessary to gather additional and reasonable information, data, etc. 3. Aerial oblique photos (electronic/digitized) as requested by J. Leisch and N. Long. 4. All "logistics" with respect to PDT Workshops and Public Workshops. 5. Set up and maintain website, hotline and newsletter. 6. Record and prepare minutes of workshops and public meetings. 7. Prepare project reference notebook for Project Development Team, in coordination with J. Leisch and N. Long. Provide additional materials, except for designs, for succeeding meetings. 8. Support staff for word processing, graphics, etc. while the Consultant is in Fort Worth. C. The City shall initially provide the following available data, plans, mapping, etc. by July 10, 2000: 1. Schematic plans, profiles, cross sections, bridge plans, etc. of the 2. "Modified Plan" (Electronic and "paper"/reproducible —1"=200'. 3. Design Hour Traffic assignment for operational analysis of Southwest Parkway from Summit Avenue to Altamesa Boulevard. 4. Operational (LOS) analysis (HCM output) for the "Modified Plan". 5. Electronic aerial mosaics for the corridor from Summit Avenue to Altamesa Boulevard. 6. Electronic base mapping for the corridor from Summit Avenue to Altamesa Boulevard. 7. Reports related to Southwest Parkway. 8. Geometric plans for existing IH-30 from Montgomery Avenue thru Summit Avenue, including type, size and location drawings of all bridges. 9. Landscape/urban design concepts prepared by HOK. 6/30/00 Scope of Services 10.Peer Review Team notebook and final report. 11.Fort Worth Transportation Plan 12.Existing Bus Routes and frequencies in and adjacent to the Southwest Parkway Corridor. 13.Proposed short range and long range public transportation plans for the Fort Worth Metropolitan Area. A-6 h 6/30/00 Scope of Services EY ATTACHMENT B COMPENSATION The CONSULTANT shall be compensated a lump sum fee of $82.500 for the facilitation of a public involvement process and the development of schematic design for the Southwest Parkway (SH-121T) as identified in this contract. 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. Commencement of any work authorization activity by the CONSULTANT is specifically conditioned upon receipt of a notice to proceed in writing by the CITY. No services shall be provided, or compensated, without written authorization from the Director of Transportation and Public Works Department or his designated representative. The CONSULTANT 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 the City of Fort Worth contract number, project name, a description of the tasks performed for that particular month, percent complete for the project, previous billing totals, and totals for invoice. The following is a list of all of the firms and their fees in the contract: Nimrod Long & Associates (General Consultant) $77,000 Hugo C. Trevino & Associates, Inc. (Reproduction) $ 1 ,500 (M/WBE 1 .8%) Kelley Moore Travel Services (Travel Services) $ 4,000 (M/WBE 4.8%) TOTAL = $82,500 (Total M/WBE = 6.6%) The work tasks associated with separate meetings and presentations will be paid on a time and expense basis utilizing the CONSULTANT's hourly rate schedule as shown on Attachment D. B-1 am ATTACHMENT C PROJECT SCHEDULE The final Schematic Design(s) of the selected plan(s)for SH-121T and a Draft Report shall be provided to the City of Fort Worth within 120 days of the Notice to Proceed. The Final Report shall be provided within 30 days of receipt of comments from the CITY. c-i ATTACHMENT D HOURLY RATE SCHEDULE For additional services noted in Article V., Section I., the CONSULTANT shall be paid on a time and expense basis utilizing the CONSULTANT's hourly rate schedule as shown below: Nimrod Long $150.00 Urban Design Staff $80.00 O. INN{l' ��C����[��� D-1 R. . l�y)FlC11M Y ,o ATTACHMENT E TECHNICAL PLAN REQUIREMENTS I. The following items will be provided by others: A. Topographic or Planimetric Maps (Mapping/topography coverage not available in the Montgomery/University/IH-30 area.) 1. Existing features should recede into the background and show: a. Show five foot (5') contours e. Water b. Building outlines f. Pavement c. Fences g. Utilities d. Treelines 2. Everything weight 0.1 c=dot. Weight 0 being the width of a 00 technical pen. B. Typical Sections Typical Sections (Existing and Proposed) ROW Lanes Width Shoulders Curbs Border Width Pavement Cross Slopes C. Plan View Roadway Existing Existing ROW Lines Existing Roadway Alignments Existing Utilities Existing Edge of Pavement, Curbs Existing Sidewalks Existing Driveways Existing Drainage Structures Existing Medians Existing Mainlanes Existing Frontage Roads Existing Ramps Location of Interchanges Grade Separations Existing Shoulders Existing Retaining Walls Existing Concrete Barriers D. Plan View Roadway (Currently Proposed) Proposed ROW Lines Prop. Roadway Alignments Prop. Utilities Prop. Curb Prop. Lane Dimensions Lane Direction Arrow Prop. Medians Prop. Mainlanes Prop. Frontage Roads Prop. Ramps Prop. Shoulder Grade Separations Existing Retaining Walls Existing Concrete Barriers Acceleration/Deceleration Lanes E. ROW (Existing and Proposed) Drainage easements Property Lines & Owners Control of access lines (if applicable) F. Traffic 1. Projected 20 year traffic volumes provided by NCTCOG E-1 G��7nrInl221 Y I' IIC V� II'f � u';yY YO G. Geometrics (CADD information) 1. Horizontal Alignment Mainlanes Ramps Crossroads Proposed Interchanges Grade separations PI Station/Location Degree of Curve (English projects only) Radius Length of Curve PC & PT (Graphical Location) (Note: Frontage Road Data is not required) 2. Vertical Alignment Mainlanes Ramps Crossroads Proposed Interchanges Grade separations Natural Ground Vertical Clearance Grades II. The following items to be provided by CONSULTANT based on information provided by others or on independent information: A. Typical sections Typical sections (Proposed changes only) ROW Lanes Width Lane Direction Shoulders Curbs Border Width X-Slopes Design Values Design Exception B. Roadways 1. Edge of pavement 2. Shoulders 3. Retaining walls (approximate) 4. Bridge locations a. Preliminary bent lines (approximate) b. Straddle bewt lines (approximate) 5. Concrete barriers 6. Curbs 7. Number of lanes 8. Gore stripes 9. Super elevation a. Rate b. Transition location C. Geometry 1. Horizontal alignment (Utilities Microstation & Graphics) (NADB3 Coord. System) (main lanes, ramps, frontage roads, proposed interchanges, grade separation, crossroads, direct connections). a. Radius b. PC and PT of curves in graphical locations c. PI Station/Location d. Degree of Curve e. Length of Curve D E-2 SINN MMC' Y o ETHI YEX 2. Vertical alignment a. Main lane, ramps profile b. Frontage road profile c. proposed interchange and grade separation d. Ramp and connector profile e. Crossroad profile f. Natural ground in each profile g. Vertical clearances (approximate) h. Grades (%) i. Vertical curve data i. Station ii. Length iii. VPC iv.VPT v. K vi. PI Elevation D. Plan View Roadway Proposed Proposed ROW Lines Prop. Roadway Alignments Prop. Curb Prop. Lane Dimensions Lane Direction Arrow Prop. Medians Prop. Mainlanes Prop. Frontage Roads Prop. Ramps Prop. Shoulder Grade Separations Existing Retaining Walls (as appropriate) Existing Concrete Barriers Acceleration/Deceleration, Climbing Lane X-Slopes PC/PT Sta. Prop. P.I. Curve Data Minimum Design Values met (Desirable when possible, otherwise minimum Design volt4mes met.) ROW (Proposed) New proposed ROW line (Approximate) Control of access lines (if applicable) III. The following items are not provided by others or by CONSULTANT within the scope of this contract: A. Plan view Prop. Sidewalks Prop. Driveways Cross Drainage Structures Location & Text of major Signing (required for Freeways, etc.) B. Major signing 1. Text content 2. Location C. Other 1. Drainage structures a. "Quick and dirty" sizes b. Indicate required out fall easements or right of way take NA-di ERCOVD2D I'21I 1 N(i�N,IS IIUI pff ^ ' �' '�'''l�P U 7 �1J�: July 13, 2000 TO: Mike Groomer, Assistant City Manager Gloria Pearson, City Secretary FROM: Dan Walsh, Engineering Manager Transportation & Public Works Department SUBJECT: Consulting Services Agreement with Mr. Joel Leisch (Transportation Systems Planning, Inc.) and Mr. Nimrod Long and Associates to Provide Facilitation and Design Support Services for the Southwest Parkway (SH-121T) Enclosed are four (4) consulting services agreements with Mr. Joel Leisch (Transportation Systems Planning, Inc.) and Mr. Nimrod Long and Associates to provide facilitation and design support services for the Southwest Parkway (SH-121T). Copies of the M&C's are attached that were approved by City Council on July 11, 2000. Please let me know when the agreements are ready for pick-up. Thank you. City of Fort Worth, Texas qVieffor andcounc"il conswunication DATE REFERENCE NUMBER LOG NAME PAGE 7/11/00 C-18128 20NIMROD 1 of 2 SUBJECT CONSULTING SERVICES AGREEMENT WITH NIMROD LONG AND ASSOCIATES TO PROVIDE FACILITATION AND DESIGN SUPPORT SERVICES FOR THE SOUTHWEST PARKWAY SH-121T RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a consulting service agreement with Nimrod Long and Associates to provide facilitation and design services for the Southwest Parkway (SH-121T) for a lump sum fee of$82,500. DISCUSSION: h In December 1998, the City Council approved an agreement with the Texas Department of Transportation (TxDOT) and the North Texas Tollway Authority (NTTA) to combine financial resources 4, to construct the Southwest Parkway (SH-121 T) as an access control roadway/tollway. In April 2000, the special Peer Review Team (Team), authorized by the City Council, conducted a review of the SH-121T. Based on this review, it is the Team's recommendation that the SH-121T is necessary and that it be constructed as a "park-like" roadway. The team also recommended that the public involvement process be expanded. The report of the Team was presented in its entirety to the City Council on May 30, 2000. In order to provide an expanded public involvement process, it is recommended that the City Council approve this contract. The contract is based on the Peer Review Team's recommendations that the i SH-121 T, as a park-like roadway, is needed; that the roadway is to be a control access facility; and that the public involvement process should be extended. This contract is also based on the premise that the process is not starting from the beginning - it is not going back to "square one". The City Council has approved this project and the intent of this work effort is to develop a wider range of design elements and alternatives to the current plans, including the "Modified Plan," and to quickly and efficiently assess M those and reach a consensus for a new Schematic Plan and related issues. This contract provides for a public involvement process with seven public meetings including three pubiic workshops. The process will focus on two sections of the SH-121T: the North Section, from Summit Avenue to Hulen Street, and the South Section, from Hulen Street to Altamesa Boulevard. Mr. Joel Leisch will be responsible for the facilitation of these seven meetings. Mr. Nimrod Long will support Mr. Leisch and provide landscaping related services. -- The contract also requires that the City be provided a recommended schematic plan in a format acceptable to TxDOT and the NTTA. The contract provides for identification of any new environmental issues that would have negative impacts that could cause the draft Environmental Impact Statement (EIS) currently being prepared by TxDOT to be revised. However, it does not include funds for update of any sections of the draft EIS. k City of Fort Worth, Texas 4belyor and council communication DATE REFERENCE NUMBER LOG NAME PAGE 7/11/00 C-1812$ 20NIMROD 2 of 2 SUBJECT CONSULTING SERVICES AGREEMENT WITH NIMROD LONG AND ASSOCIATES TO PROVIDE FACILITATION AND DESIGN SUPPORT SERVICES FOR THE SOUTHWEST PARKWAY SH-121T This contract is for a fixed fee of $82,500. The specific products that will be provided to the City include: • Schematic Plan for SH-121T; and • Recommended Design features; and • Recommended landscaping and architectural treatments; and • Operational Analysis; and • Final Report. Transportation Systems Planning, Inc. and Nimrod Long and Associates were selected by the City to facilitate public meetings and to prepare the plans and design features for the project. The lump sum fee for both contracts is $253,000. Staff considers this fee to be fair and reasonable for the scope of services to be performed. The combined fee was increased by $45,200 over Mr. Leisch's original proposal. This increase is due to a greater level of detail needed for schematic plans than was anticipated by Mr. Leisch and Texas' requirement for a professional engineer, licensed in the State of Texas to review schematic plans. Nimrod Long and Associates is in compliance with the City's MWBE Ordinance by committing to 7% M/WBE participation. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. MGA 396ttiftted fbr City Manage 's'— — ND ACCOUNT CENTER AMOUNT CITY SECRETARY rOKce by: 0G) r APPROVE) Mike Groomer 6140 CITY COM IL Originating Department Head: AS Hugo Malanga 7801 (from) JUL 11 2000 C115 531200 020115021102 $82,500.00 ,) Additional Information Contact: City Secretary of the City of Fc•rl w-l- T••�y Hugo Malanga 7801