HomeMy WebLinkAboutContract 39521CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO - a
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
HNTB Corporation (the "ENGINEER"), for a PROJECT generally described as: South
Central High Speed Rail Corridor Quiet Zone Project.
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, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, 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
City of Fort Worth, Texas
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OFFIClAI RECORD
CITY SECRETARY
F r WORTH, TX E
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. 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.
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.
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, 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 the ENGINEER makes on -site observation(s) of a deviation from the
Contract Documents, the ENGINEER shall inform the CITY.
(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
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current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the 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/V1IBE) 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
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enterprises in City contracts. Engineer acknowledges the MA BE 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 five (5) 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 five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to- reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability —the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
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i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
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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) GENERAL INSURANCE REQUIREMENTS
a. 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.
b. 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.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas Cl" have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
The CITY shall be entitled, upon its request and without incurring expense,
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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.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date 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. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent
I
nsurance 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
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 CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
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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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D 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. 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.
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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 prepared in accordance with 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 Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY'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
(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
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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.
1. 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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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization I
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 that prevent ENGINEER's performance of its
obligations hereunder.
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 in 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 electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
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work underway at the time of 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
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
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
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
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J. 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.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. 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.
City of Fort Worth, Texas
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGREEMENT:
Attachment A -Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the dU.-day of
ATTEST:
City Secretary
NO M&C REQU11"B"
APPRO`t(EDAAS TO FORM AND LEGALITY
Amy Rarrise)!c;'
Assistant City Attorney
ATTEST:
City of Fort Worth, Texas
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CITY OF FORT WORTH
Fernando
Assistant
Manager
APPROVAL RECOMMENDED
William A. Verkest, Director `�
Transportation and Public Works Dept
HNTB CORPORATION
Robert J. Slimp, P.E.
Vice President
By:
OFFICIAL RECORD
CITY SECRETARY
T. WORTH, TX
t
Local Project Advance Funding Agreement (LPAFA) Scope of Work:
The scope of work for this LPAFA is described as the evaluation of four railroad
crossings, listed below, located on the South Central High -Speed Rail Corridor in Fort
Worth, and is to determine upgrades necessary to improve the operation and safety of
the crossings as outlined in the FRA approval letter of August 23, 2006 for the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU). Consideration for improvements include the installation or upgrade to
railroad crossing protection devices, four -quadrant gate systems, median barriers, drive
way relocations, wayside horn systems, streets and sidewalk modifications, including
barricades and fences, CCTV camera and train monitoring systems, development of
quiet zones, and modifications to other railroad crossings or public facilities in the area
that are impacted by work at the project locations (such as an adjacent street that incurs
additional traffic because of a street closure at the project location).
1. BNSF &Butler Street, DOT #020 479Y
2. BNSF & Seminary/Gambrell, DOT #020 478S and #020 477K
3. BNSF & Biddison Street, DOT # 020 480T
The engineering design and construction on this project will be completed using city
force account (planning, organizing and construction), railroad force account, and by city
(local) let contracts.
Consultant Scope of Work:
Develop Final Plans and Specifications
1. Diagnostic Review: On -site diagnostic team meetings with BNSF, TxDOT, FRA
and CFW have already been conducted by City of Fort Worth and CTC. City will
provide documents to Consultant for review and use in development of final plans
for the project. BNSF estimates are also available.
Z. Update FRA Grade Crossing Inventory: The FRA Grade Crossing Inventory will
be updated for each of the grade crossings.
3. Prepare Notice of Intent (NOI)/Notice of Establishment (NOE) Documents: The
NOI/NOE documents will be prepared and submitted to all necessary agencies
during the course of the project.
L Develop Environmental Documentation: A Blanket Categorical Exclusion (BCE)
will be prepared and submitted to TxDOT for review and comment. Comments will
be addressed within the final submission to TxDOT.
5. Prepare Exhibit A Documents: Exhibit A documents will be prepared and
submitted to BNSF for their plans, estimates, and agreements for Seminary Drive
and Gambrel[ Street.
6. Develop Final Plans: Final plans, specifications, and estimates (PS&E) will be
prepared for roadway modifications, including roadway plan layouts, traffic control
ATTACHMENT `A'
Page 1 of 2
layouts, and signing and pavement marking details. Submissions to TxDOT will be
at the 50% and 100% stages. Comments from TxDOT will be addressed after each
submission. The improvements shall consist of median improvements at Seminary
Drive and the design of a wayside horn system at Gambrell Street,
Construction Management
1. Construction Management: Throughout the construction contract, services will be
provided by responding to contractor's Request for Information (RFI). Inspection of
the wayside horn system will also be provided by CTC.
Excluded Services
• Circuitry upgrades and layouts for future wayside horns systems at Biddison
Street and Butler Street.
• Additional construction management services other than those specific items
listed in the scope of services.
ATTACHMENT `A'
Page 2 of 2
ATTACHMENT B
FEE SCHEDULE
This attachment provides the basis of payment and fee schedule. The basis of payment for this
contract shall be direct and indirect costs incurred plus a pro rata share of the fixed fee based on
the ratio of labor and overhead costs incurred to total estimated labor and overhead cost in the
Final Cost Proposal (FCP) shown in Attachment B-1, or the percentage of work completed. The
invoices must itemize labor rates, hours worked, and other direct and indirect costs. The Engineer
may be required to provide documentation of hours worked and any eligible direct costs claimed.
The provisional overhead rate charged is subject to audit and annual adjustment to actual rates
incurred. The FCP shows the hourly rates for labor, rates for other direct expenses including but
not limited to travel and allowable materials, provisional overhead rate and the fixed fee. Actual
wages must be within the allowable range shown on the Final Cost Proposal.
A. The maximum amount payable for this contract is $24,941 including reimbursable
expenses and subconsultant costs, if any.
B. The basis of payment is identified in Attachment 13-1, Fee Schedule. Reimbursement of
costs incurred under this agreement shall be in accordance with Attachments 13-2, Fee
Schedule.
C. To be eligible for reimbursement, the Engineer's costs must be (1) incurred in accordance
with the terms of the agreement; (2) in accordance with Attachment B, Fee Schedule; and
(3) satisfactory progress of work shall be maintained as a condition of payment.
F. Should the services under this Agreement include products or services that are
commercially priced by ENGINEER, such amounts shall be invoiced to CITY at the
catalog price(s) offered by ENGINEER and are not subject to audit on the basis of costs
incurred.
Page 1 of 7
ATTACHMENT B-1
FINAL COST PROPOSAL (FCP) —SUPPORTING BASIS OF PAYMENT
Page 2 of 7
Labor/Staff Classification
Minimum
Maximum
FY 2007/2008
Maximum
FY 2009
Maximum
FY 2010"'
Project Principle
$40
$
90.00
$
93.60
$
97.34
Project Director
$35
$
80.00
$
83.20
$
86.53
Project Manager
$30
$
70.00
$
72.80
$
75.71
Project Business Manager
$25
$
55.00
$
57.20
$
59.49
Project Administrator
$20
$
35.00
$
36.40
$
37.86
Clerical
$10
$
20.00
$
20.80
$
21.63
Senior Design Engineer
$30
$
61.00
$
63.44
$
65.98
Engineer V
$25
$
55.00
$
57.20
$
59.49
Engineer IV
$25
$
45.00
$
46.80
$
48.67
Engineer III
$20
$
35.00
$
36.40
$
37.86
Engineer II
$20
$
28,00
$
29.12
$
30.28
Engineer 1
$20
5
25.00
$
26.00
$
27.04
Technician IV
$15
$
30.00
$
31.20
5
32.45
Technician III
$10
$
25.00
$
26.00
$
27.04
Senior Architect
$10
$
50.00
$
52.00
$
54.08
Architect IV
$10
$
40.00
S
41.60
$
43.26
Architect III
$10
$
30.00
$
31.20
$
32.45
Architect 11
$16
5
25.00
$
26.00
$
27.04
Senior Urban Designer
$20
$
55.00
$
57.20
$
59,49
Urban Designer 111
$15
$
40.00
$
41,60
$
43.26
Urban Designer II
$15
$
35.00
$
36.40
5
37.86
Urban Designer 1
$10
$
30.00
$
31.20
$
32.45
Senior Landscape Architect
$20
$
45.00
$
46.80
$
48.67
Landsca a Architect III
$15
$
40.00
$
41.60
5
43.26
Landsca a Architect II
$15
$
35.00
$
36.40
$
37,86
Landsca a Architect 1
$10
$
30.00
$
31.20
$
32.45
Senior Biologist
$10
$
40.00
$
41.60
$
43.26
Biologist
$10
$
30.00
5
3120
$
32.45
Pro
ect Environmental Manager
$25
$
65.00
$
67.60
$
70.30
Senior Environmental Planner
$25
$
55.00
$
57.20
$
59A9
Environmental Planner IV
$20
$
45.00
$
46,80
$
48.67
Environmental Planner Ill
$15
$
40.00
$
41,60
$
43.26
Environmental Planner II
$10
$
35,00
$
36.40
$
37.86
Environmental Specialist
$10
$
30.00
$
31,20
$
32.45
GIS Specialist
$15
$
35.00
$
36.40
$
37,86
Public Involvement Director
$25
$
50,00
$
52.00
S
54.08
Public Involvement Manager
$20
$
40.00
$
41.60
$
43.26
Public Involvement Coordinator
$10
$
35,00
$
36.40
$
37.86
Technol ies-Director
$30
$
70,00
$
72.80
$
75.71
Technol ies-Manager
$30
$
60.00
$
62.40
$
64.90
Technolo ies - Graphic Artist
$20
$
45,00
$
46.80
$
48.67
Technologies-3D modeler
$20
$
35.00
$
36.40
$
37.86
Technol ies - ITS Specialist
$25
$
50.00
$
52,00
$
54.08
Technol ies -
FAR Overhead Rate: 147.850/6'
Negotiated Profit Rate: 15 %
" Maximum labor
Actual rates to be billed
Minimum rate to be
annual)
rates increase
not
billed if
at a 4 % annual
to exceed the maximum
actual is less.
rate for subsequent years
shown.
2007 Federal Audited Rate (FAR). Most
current rate to be used
Other Direct
Expenses:
Cost
Lod in Maximum - taxes/fees not Included
Per Night*
Meals (Overnight stay required)
Per Day/Per Person'
Milea a
Per
Mile
Car Rental (Maximum - taxes/fees not included)
Not to Exceed $60/Da
Air Travel Coach/Business Class
round trip"
8 1/2" X 11" copies-
$.10/sheet
8 1/2" X 11" copies
color
$.75/sheet
11"X 17" copies
$.25/sheet
11" X 17" copies color
$1.10/sheet
1 V X 17" Mylar
$2.00/sheet
Di ital Plotter
$2.00/sq it
Overni ht Mail - Letter Size
At Cost"
Overni ht Mail - Oversized Box
Al Cost"
Postage
At Cost*'
lephone
At Cost*'
GIS Data Files
$850 per data scource
HazMat Database Report
$150/mile
land coverage
Aerial Photographs (1'=500' scale)
$65/ er photograph
GPS Rental
$1,000/Per Da
Courthouse Fees
"
Miscellaneous Expenses - Task Order Specific
"
Costs Included in overhead will not be reimbursed as miscellaneous direct expenses.
Documentation of hours worked, receipts or usage logs, as applicable, for direct expenses are necessary
for reimbursement. Profit not allowed on Other Direct Expenses.
' Not to exceed current TxDOT state rate
" The cost will be determined during negotiation of work
authorizations.
Page 3 of 7
PRIME OR SUBPROVIDER NAME: Campbell Technology Corporation
HNTB Project No.
Labor Rate Per Hour
Labor/Staff Classification
Minimum
Maximum
FY 2007/2008
Maximum
FY 2009
Maximum
FY 2010***
Project Manager
$30
$
70.00
$
72,80
$ 75,71
Project
Engineer
$25
$
55.00
$
57,20
$ 59.49
Signal Designer
$25
$
45.00
$
46.80
$ 48,67
** Maximum labor rates increase at a 4% annual rate for subsequent years
Overhead Rate: 125.00% Actual rates to be billed not to exceed the maximum shown.
Negotiated Profit Rate: 15% Minimum rate to be billed if actual is less.
Other Direct Expenses:
Cost
Lodging Maximum - taxes/fees not included
Per Night*
Meals Overnight stay required)
Per Day/Per Person*
Mileage
Per Mile*
Car Rental (Maximum - taxes/fees not included)
Not to Exceed $60/Da
Air Travel Coach/Business Class
round trip**
8 1/2" X 11" copies
$.10/sheet
8 1/2" X 11" copies color
$.75/sheet
11" X 17" copies
$.25/sheet
11" X 17" copies color
$1.10/sheet
11" X 17" M lar
$2.00/sheet
Digital Plotter
$2.00/sq ft
Overnight Mail - Letter Size
At Cost**
Overnight Mail - Oversized Box
At Cost**
Postage
At Cost**
Telephone
At Cost**
GIS Data Files
$850 per data scource
HazMat Database Report
$150/mile land coverage
Aerial Photographs 1'=500' scale
$65/per photograph
GPS Rental
$1,000/Per Da
Courthouse Fees
**
Miscellaneous Expenses - Task Order Specific
**
Costs included in overhead will not be reimbursed as miscellaneous direct expenses.
Documentation of hours worked, receipts or usage logs, as applicable, for direct expenses are necessary
for reimbursement. Profit not allowed on Other Direct Expenses.
* Not to exceed current TxDOT state rate
** The cost will be determined during negotiation of work authorizations.
Page 4 of 7
ATTACHMENT B-2
FINAL COST PROPOSAL (FCP) —SUPPORTING BASIS OF PAYMENT
A. -Compensation
A.1. In return for the performance of the foregoing obligations, City shall pay to Engineer an
amount not to exceed $24,941.00 according to the following terms: Monthly billing based on
work performed and fee earned, per the fee schedules shown below.
A.2. Compensation for Additional Services (if any) shall be paid by City to Engineer
according to the following terms: As needed, and as negotiated independently.
B. -Owner's Responsibilities
City shall perform and/or provide the following in a timely manner so as not to delay the
Services of Engineer. Unless otherwise provided in this Task Order, City shall bear all costs
incident to compliance with the following: None
C. -Other Provisions
The parties agree to the following provisions with respect to this Agreement: None
D. -Fee Schedule: Preliminary Engineering
Page S of 7
FEE SCHEDULE
Salary Classification
Salary
ate Used
alculations
Hours
Direct Labor
Min
FC 110
FC 150
FC 390
FC 110
FC 150
FC 390
Total
Principal
$40
$78,00000
$0
$0
$0
$0
Director
$35
$70,00
0
0
0
$0
$0
$0
$0
PM
$30
"59,49$45.00
$69,00
8
0
0
$552
$0
$0
$552
Business Mgr
$25
$45.00
0
0
0
$0
$0
$0
$0
Project
Admin
$20
$28,00
0
0
0
$0
$0
$0
$0
Clerical
$10
$18,00
0
0
0
$0
$0
$0
$0
Sr Des En r
$30
$ 65.98
$55,00
24
0
0
$1,320
$0
$0
$1,320
Eng V
$25
$ 59,49
$51,00
52
0
0
$2,652
$0
$0
$2,652
Eng IV
$25
$
48,67
$46,00
16
0
0
$736
$0
$0
$736
En III
$20
$
37,86
$36,00
16
0
0
$576
$0
$0
$576
Eng 1
$20
$
27.04
$26,00
0
0
0
$0
$0
$0
$0
Tech IV
$15
$
32.45
$29,00
0
0
0
$0
$0
$0
$0
Totals
1161
0
1 0
$5,836
1 $0
1$0
$5,836
Overhead @ 147,85%
$8,629
$0
$0
$8,629
Subtotals
1
$14,465
1 $0
1 $0
1
$14,465
Fixed Fee @ 15,00%
1
$2,170
1 $0
1 $0
1 $2,170
Direct Expenses see attached
$564
$564
Totals
$17,199
$0
$0
$17,199
Subconsultant
DBE HUB
FC 110
FC 150 FC 390
Total
Campbell Technologies Corporation
Gorrondonna
STL I
x
x
x
x
$7,742
$0
$0
$0
$0
$0
$0
$0
$0
$72 742
$0
$0
Subtotal - Subcontracted Expenses
$7,742
$0
$
$$7,742
'DBE/HUB Firms
TOTALS -
Maximum Fee for Work Authorization
Total Fixed Fee for Work Authorization
Total DBE/HUB Participation
°/ DBE/HUB Participation
FEE SCHEDULE
FC 110
FC 150
FC 390
Total
$24,941
$2,170
$0
MANHOUR ESTIMATE
-STAFF
Func.
Code
Task
Principal
Director
PM
Business
M r
Project
Admin
Cledcal
Sr Des
E r
Eng V
Eng 1V
Eng III
Eng I
Tech IV
Totals
110
IDevelop Final Plans and Specifications
Diagnostic Review(already completed)
0
Update FRA Grade Crossing Inventory
0
Prepare NOWNOE Documents
0
Develop Environmental Documentation
12
12
Prepare Exhibit A Documents
0
Develop Final Plans
41
24
36
16
16
96
110
Construction Management
Construction Mana ement
1 41
4
8
TOTAL I
of
Ol
81
01
01
01
241
521
161
161
01
01
116
Page 6 of 7
FEE SCHEDULE
Direct Expenses - HNTB
Item
Units Rate
Total
Office Expenses
Printing
Digital Plotter SF $2.00 = $0.00
11"x17" Mylar 50 Sheet $2.00 = $100,00
8 1/2" x 11" B/W Paper copies 400 Sheet $0.10 = $40.00
1111x17" B/W Paper Copies 200 Sheet $0.25 = $50.00
8 1/2" x 11" Color paper copies 50 Sheet $0.75 = $37.50
11"x17"Color Copies 50 Sheet $1.10 = $55.00
Miscellaneous Office Expenses
Postage
Standard Postage 4 @ cost $0.39 = $1.56
Express mail @ cost $10.00 = $0.00
Overnight Mail - Letter Size 4 @ cost $20.00 = $80.00
Overnight Mail - Oversized Box 4 @ cost $50.00 = $200,00
Travel Expenses $0.00
Mileage (TxDOT allowable mileage rate) miles $0.550 = $0.00
Airfare ($750 max) RT $750,00 = $0.00
Airfare RT $500.00 = $0.00
Airfare RT $250.00 = $0.00
Garage Parking ($15 daily maximum) days @ $15.00 = $0.00
Lodging ($85 daily maximum excluding tax) days @ $85.00 = $0.00
Meals ($36 daily maximum) days @ $36.00 = $0.00
Car Rental ($60 daily maximum without fuel) days @ $60.00 = $0.00
Miscellaneous Expenses
Website development @cost = $0.00
Website maintenance month = $0.00
Court reporter @cost = $0.00
Public meeting brocures @cost = $0.00
_ $0.00
Technical use of computer hourly $17.00 = $0.00
$0.00
SUBTOTAL -FUNCTION CODE 110 = $564.06
PERCENTAGE TO ENGINEER = 100%
Page 7 of 7
_ $564.06
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING
SERIVES
NO Amendments to this contract