HomeMy WebLinkAboutContract 37414CITY OF FORT WORTH, TEXAS ;, ,-. 0, C% Ri=TARY
STANDARD AGREEMENT FOR ENGINEERING SERb1C'cT NO i(��
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Baird, Hampton
& Brown, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Parking Lot and Park Drive Improvements at Lake Como Park, Haws Athletic Center,
Northside Community Center and Diamond Hill Community Center
Article
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) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) --
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
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.
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
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 quality of performance by third parties; quality, type,
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
management, or direction of operating personnel; and other economic and
operational factors that may materially affect the ultimate PROJECT cost
or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/V11BE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to aid=the=righ�to`e�amr�e
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
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 three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)hereof.
CITY shall give subcon-sultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificates) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage
as autos owned, hired and non -owned when said
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on "Any
OFFICIAL_ RECORD
CITY SECRETARY
FT.WORTIi, TX
Worker's Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims -made basis and shall
contain a retroactive date prior to the date of the contract or the first date of
services to be performed, whichever is earlier. Coverage shall be maintained
for a period of 5 years following the completion of the contract. An annual
certificate of insurance specifically referencing this project shall be submitted
to the City for each year following completion of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified
in 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 forty-five (45) days notice of cancellation or material change
in coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to 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 and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strena and
solvency to the satisfaction of Risk Managementti
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu of
traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
I
n writing.
(j) For all lines of coverage underwritten on a claims -made basis, other than
Professional Liability, the retroactive date shall be coincident with or prior
to the date of the contractual agreement. The certificate of insurance
shall state both the retroactive date and that the coverage is claims -
made.
(k) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER
shall provide CITY with documentation thereof on a certificate of
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
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d OFFICIAL RECORD
OITY SECRETARY
FT. WORTH, TX
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the 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.
O. Permitting Authorities -Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
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.
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OFFICIAL RECORD
CITY SECRETARY
FT WORTH, TX
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 A.
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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CI IY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The 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 ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
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
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CFFiCIAL I�ECpR®
CITY SECRETARY
FT WORTH, TX
(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
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.
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.t.ii4®
CITY SECRETARY
FT.MQRii, TX
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 CITY shall own the final
designs, drawings, specifications and documents.
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 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c. )
The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
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CITY SECRETARY
FT. WORTH, TX
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and
subcontractors in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared
between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct as determined pursuant to
T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
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 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
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OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
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 attorneys fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall
survive termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article vi i OFFICIAL RECORD
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) CITY
'pSECRETARY
r�
Page 13 of 14 FT. WORTH, H, TX
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are.hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Executed this the dayofjtkmj 20
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STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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C
CITY
OF FORT WORTH
vv. uanie�s
Assistant City Manager
APPROVAL RECOMMENDED
chard Zavala, Director
and Community Services Department
Baird, Hampton &Brown, Inc.
i
By:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Professional Engineering & Surveying Services
for
PARKING LOT IMPROVEMENTS (at four separate facilities)
by
Baird, Hampton & Brown, Inc
Engineering & Surveying
Following our review of the Request for Proposal, a site visit, and coordination with PACSD representatives,
we recognize that the identified three existing parking lots exhibit distressed pavements, grading, drainage,
erosion, and accessibility issues. To address these various concerns, we anticipate a wholesale
reconstruction of these parking areas. The three existing and the one proposed parking lots are located at
the following PACSD facilities:
1. Lake Como Park Drive &Pool facility at 3201 Lake Como Drive, 76107
Reconstruct existing parking lot and provide ADA compliant H/C parking
2. Haws Athletic Center at 600 Congress Street, 76107
Reconstruct existing parking lot and provide ADA compliant H/C parking
3. Northside Community Center at 1100 NW 18th Street, 76106
Reconstruct existing parking lot (H/C parking is provided elsewhere)
4. Diamond Hill Community Center at 1701 NE 37th Street, 76106
Construct new parking lot west of the existing (H/C parking is provided elsewhere)
At each of these locations, the existing parking lots will be completely reconstructed; however, a new
parking lot is proposed at the Diamond Hill Community Center. Exhibits of the four parking facilities are
enclosed.
Recommended pavement sections for the proposed parking lot reconstruction and/or rehabilitation will be
based upon site specific geotechnical investigations, laboratory testing, and industry standard design
methodology. Depending upon the soils investigation and testing results, the proposed lots may be bid
competitively with an asphaltic or concrete pavement (or perhaps both).
The proposed layout, dimensional control, grading and drainage design at each of the locations will be
based upon up-to-date detailed topographic surveys. Furthermore, the design and permitting of ADA
compliant H/C parking spaces and accessibility issues will be addressed by an accessibility specialist.
We propose to provide the required professional engineering and surveying services to design the
recommended improvements, prepare construction and contract documents, and assist with contractor bid
solicitation. Construction support services are limited to telephone consultation, assistance with conflict
resolution, shop drawing review, and up to three site visits.
Professional services will be provided for a stipulated amount, completed within a mutually agreed to
schedule, and as detailed on the following pages:
��FICiAL t�ECaf�C�
CITV SECRETARY'
ATTACHMENT A FT, WORTH,
TX
6300 Ridglea Place, Ste 700 FortWorth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
Compensation
A. The Engineer shall be compensated a total lump sum fee of 69 539 as summarized
below. Payment of the total lump sum fee shall be considered full compensation of the
described services, supplies and equipment necessary to complete the project.
B. The Engineer shall be paid monthly. Each invoice is to be verified as to its accuracy and
compliance with the terms of this contract by an officer of the Engineer.
II. Schedule
Design Services for this project shall be completed within 105 working days after issuance of a
"Notice to Proceed" from the City of Fort Worth PACSD,
Conceptual Engineering Plans -
Preliminary Engineering and Contract Documents -
Final Engineering Plans and Contract Documents -
Corrected Bid Documents for Advertisement -
III. Hourly Rate Schedule
Employee Classification
Principal (PE or RPLS)
Project Manager (PE)
Senior Engineer (PE)
Engineer (EIT/PE)
CAD/Drafting
Rate
$160/Hr,
$135/Hr,
$120/Hr,
$85-$100/Hr,
$60/Hr,
30
45
30
15
Employee Classification
Surveyor (RPLS)
Survey Technician
Robotics Survey Crew
GPS Survey Crew
Clerical
Rate
$100/Hr
$75/Hr
$95-$110/H r
$120-$150/Fi r
$50/Hr
All direct expenses and reproduction costs shall be charged at current commercial rates and
invoiced at cost plus ten (10%) percent. Sub -consultant work will also be invoiced at cost plus ten
(10%) percent.
IV. Professional Engineering &Surveyinn Services Fee Summary
Consulting Firm
Prime Responsibility
Amount
Percent
Prime Consultant
Engineering & Project
$49,552
°
71.26/0
Baird, Hampton, & Brown
Management
Prime Consultant
Surveying
$10,000
14.38%
Baird, Hampton & Brown
M/WBE Consultans
Geotechnical
$6,510
9.36%
Southwestern Testing Lab
M/WBE Consultants
Reproduction
$1,172
1.69%
Trevino & Associates
M/WBE Consultants
ADA / TAS Review &
$2,305
3.31%
Accessolo
Inspections
Non M/WBE Consultants
Not Applicable
$ _ 0 _
0%
None
Total for Professional Services
$69,539
100%
Total Fee M/WBE Fee Percent
$69,539 $9,987 14% ���ICii�L REC®RD
CITY SECRETARY
'171 WORTH, TX
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
A, Basic Services:
Professional fees for Basic Services are determined per the procedures outlined in "A Manual of
Practice for Engaging the Services of a Consulting Engineer", published in 1982 by the
Consulting Engineers Council and the Texas Society of Professional Engineers. Proposed fees
are based upon Curve "A", which has been determined appropriate for roadway (and parking lot)
reconstruction projects; whereas Curve "B" is appropriate for new roadway construction. The
significant constraints (adjacent improvements, existing driveways, parkway enhancements,
intersecting streets, etc.) associated with a reconstruction project justify the use of Curve "A" over
Curve "B".
Conceptual Design, Plans &Specifications (& limited construction support services)
Construction Cost X ASCE Curve "A" _ $500,000± X 8.5% _
Attend Pre -Bid Conference $160/Hr X 2 Hrs
Attend Pre-Const. Conference $160/Hr X 2 Hrs
Site Meetings (3) During Construction $160/Hr X 6 Hrs
Attend Final Inspection $160/Hr X 2 Hrs
Total for Basic Engineering Services
B. Other Engineering &Administrative Services:
Floodplain/Levee Development Permit $160/Hr X 4 Hrs
$100/Hr X 16 Hrs
Prepare SW3P W/NOI &NOT
Prepare Monthly Progress Reports
Administrative (10%) fee on M/UVBE Firm
Total for Other Services
Total for Basic Engineering and Other Services
C. Geotechnical Services (by M/VVBE)
Geotechnical Investigation and Pavement Recommendations
ATTACHMENT B
$ 44,393
$ 320
$ 320
$ 960
320
$ 1,920
$ 46,313
$ 640
1 600
$ 2,240
by PACSD
by PACSD
�� •�•
$ 3,239
$ 49,552
$ 6,510
Oi=FICIAL REDORD
OITY SECRETARY
�, !��: VN�R.YH, TX
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
r
D. Surveying Services:
Topographic Surveys — Lake Como Parking Lot &Trail $ 3,500
Haws Athletic Center Parking Lot $ 21250
Northside Community Center Parking Lot $ 21250
Diamond Hill Community Center Parking Lot $ 2,000
$ 10,000
E. Texas Accessibility Standards Review and Permits (by M/VUBE�
TDLR Consultation, Review, Inspection &Filling Fee- $ 2,305
F. Printing &Reproduction (by M/V1/BE Firm)
Conceptual Design Report
4 Sets of Concept Report 10 Pg/Report X 4 $ 100
Preliminary & Utility Clearance Plans
4 Sets of Constr. Plans 15 Sht/Plan X 4 $ 180
12 Sets of Constr, Plans 15 Sht/Plan X 16 by PACSD
2 Sets of Specifications 150 Pg/Spec X 2 $ 136
Final Plans
4. Sets of Constr. Plans 15 Sht/Plan X 4 $ 180
2 Sets of Specifications 150 Pg/Spec X 2 $ 136
Bid Documents
50 Sets of Constr. Plans 15 Sht/Plan X 50 by PACSD
50 Sets of Specifications 150Pg/Spec X 50 by PACSD
Final Plans for Reference
1 Set of Mylar Plans 15 Sht/Plan X 1 $ 338
4 Sets of Half Size Plans 15 Sht/Plan X 4 by PACSD
PDF Files of Completed Plan 15 Sht/Plan 102
Total for Printing & Reproduction $ 12172
�F�ICIAL lREO®RU
CITY SEORETi4R`�
7 INORTH, TX
6300 Ridglea Place, Ste 700 Fort Worth, Texas 76116 Tel: 817-338-1277 Fax: 817-338-9245 E-Mail: mail@bhbinc.com
Page 1 of 2
• _• •. � _.
Mayor and Council Communication
DATE: Tuesday, July 15, 2008
LOG NAME: 8000M0 BHB
REFERENCE NO.: **C-22920
SUBJECT:
Authorize Execution of a Professional Services Agreement with Baird, Hampton &Brown, Inc., in
the Amount of $69,539, for Parking Lot and Park Drive Improvements at Lake Como Park, Haws
Athletic Center, Northside Community Center and Diamond Hill Community Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
agreement with Baird, Hampton &Brown, Inc., in the amount of $69,539 for the design and preparation of
construction documents for parking improvements at Lake Como Park, Haws Athletic Center, Northside
Community Center and Diamond Hill Community Center.
DISCUSSION:
The 2004 Capital Improvement Program (CIP) allocated $5,050,000 for road/parking lot replacement
projects at various community parks with $156,000 allocated for parking lot and park drive improvements at
Lake Como Park, $125,000 allocated for parking lot improvements at Haws Athletic Center, $153,000
allocated for parking lot improvements at Northside Community Center, and $159,000 allocated for parking
lot improvements at Diamond Hill Community Center, together totaling $593,000.
The selected consultant, Baird, Hampton &Brown, Inc., has proposed to perform the topographic survey,
design work and subsequent post design services for a lump sum fee of $69,539. Staff considers this fee to
be fair and reasonable for the scope of services proposed.
Final construction documents for the park drive and parking lot improvements for all sites shall be
completed and submitted for City staff review by November 2008. Construction is anticipated to begin May
2009 and be completed by September 2009.
M/WBE -Baird, Hampton &Brown, Inc., is in compliance with the City M/WBE Ordinance by committing to
14 percent M/WBE participation. The City's goal on this project is 14 percent.
Lake Como Park is located in COUNCIL DISTRICT 7.
Haws Athletic Center is located in COUNCIL DISTRICT 2.
Northside Community Center is located in COUNCIL DISTRICT 2.
Diamond Hill Community Center is located in COUNCIL DISTRICT 2.
http://apps.cfwnet.orglcouncil�acket/Reports/mc�rint.asp 7/23/2008
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Street Improvements Fund.
TO Fund/AccountlCenters
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C200 531200 801370098630 $13,800.00
C200
531200
802370098530
C200
531200
802370097730
C200
531200
807370098730
Charles Daniels (6183)
Richard Zavala (5704)
Mike Ficke (5746)
$16,800.00
$17,500.00
$21,439.00
http: //apps, cfwnet. org/council�acket/Reports/mc�rint. asp
7/23/2008