Loading...
HomeMy WebLinkAboutContract 45477 (2)9 CITY OF FORT WORTH, TEXAS ClniV M Vrasoica CONVAC C J©O STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Halff Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Trinity Trails Clear Fork East Bank Extension. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $99,300.00 as 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 RECEIVED APR - 3 2014 (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. 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. Co 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 16 (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 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 generally in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) 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. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions time or quality of performance by third parties; quality type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. Construction Progress Payments — N/A • • prograse ENGINEER'c knowledge, information, a and observation that the work has progrcsccd to thc point indicated Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEEP to ascorta�n that contractor has completed thc work in cxact accordance with the Contract Documents; that th�f of worms witi he nccor,+�hlo Sri III r�gp�$G +ham+ tlio ENGINEE° has made an examination to ascertain how or for what purpose the construction contractor has used thc moneys paid; that title to any of thc work, materials, or equipment has passed to thc CITY free and clear of liens, Rerect,, or encumbrances; or that there aro not other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 belief from selective sampling rid matters at issue between thc CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings - N/A Rccord drawings if required, will be prepared, in part on thc basis of information compiled and furnished by others, and may not always represent the cxact 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) 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. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 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. 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 and 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. i. 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. 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. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 m. 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 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 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 asks. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 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. 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, fire 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' wntten 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 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 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. 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. 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 authonty for such enactment. No plea of misunderstanding or ignorance thereof shall be considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior wntten 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Attachment E - Location Map Executed and effective this the *5 BY: CITY OF FORT WORTH - Cc son Alanis ssistant City Manager Date: e1 1.9 <<; .1 APPROVAL RECOMMENDED: By: R`chard Zavala Dkrector, Parks and Services Department APPROVED AS TO LEGALITY day of Apri) , 20141. BY: ENGINEER Halff Associates, Inc. enny Ejiighes Vice President Date: 3/247 f dira Community FORM AND M&C No.: C-26695 M&C Date' 3/04/2014 B Assistant City Attorney ATTEST: rg Jen ttic- Ma J. Kayser City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 ATTACHMENT A Proposed Scope of Work Trinity Trail Clear Fork Purpose Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 The purpose of this project is to prepare a schematic design for the Trinity Trail Clear Fork — East Bank Extension creating a link from the Mistletoe Heights Neighborhood to the business and entertainment district adjacent to the western boundary of Fort Worth's Downtown District. Project Assumptions The scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation. 1. The project planning area will encompass approximately 3,500 LF of accessible trail located on the east bank of the Trinity River from the existing Mistletoe Heights Neighborhood trail access to the business and entertainment district adjacent to Parkview Avenue. 2. The project planning area will include two accessible stair/ramp connections from the existing and proposed Trinity Trail System to Vickery Avenue 3. The project planning area will include on -street parking at Parkview Avenue. 4. The project planning area will include pedestrian level lighting under 1-30, Southwest Parkway, existing Railroad Bridge and City street bridge. 5. The project planning area will include trail, sidewalk and railing improvements to meet current accessibility and building code requirements. 6. It is our understanding that the proposed project would be partially funded by federal funds from a grant awarded through the Texas Transportation Enhancement Program. An environmental review is required for the proposed project in accordance with the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality (CEQ) Regulations (40 CFR Parts 1500 - 1508), 23 Code of Federal Regulations (CFR) Part 771, 43 Texas Administrative Code (TAC) Chapter 2, and Federal Highway Administration (FHWA) Technical Advisory T6640.8A. The environmental review must also be conducted in accordance with the Texas Department of Transportation (TxDOT) Environmental Affairs Division (ENV) Environmental Manual (2004) and applicable TxDOT ENV Standards of Uniformity (SOUs). Additional effort not included in this scope of work will be necessary for compliance with these requirements and would be performed under a supplemental work authorization. LF Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 7. The Client will supply existing and proposed data related to the project sites, to the planning and design team, as available, for use during the design and construction documentation process Existing data to be provided to the design team consists of: a. Existing Utility Information — The Client will provide as -built plans for all existing utilities located within the limits of the project site and along 1-30. Plans shall show all utilities including but not limited to water sanitary sewer, storm dram facilities, or any utilities related to the associated with the project. b. Proposed Improvements — The Client will provide the design team with available construction documents for the proposed Southwest Parking including drawings and specifications. c. Environmental Investigations — The Client will provide the design team with any available data and information from existing environmental reports for the project site. 8. The project drawings will follow TxDOT CADD and drafting standards. Scope of Services — Basic Services WO 01 Trinity Trail Clear Fork Schematic Design 1. Topographical Survey a. Research parcels/lots along proposed trail route, obtain copies of property plats and meets and bounds deeds. Prepare a deed sketch to locate property corners and establish existing right-of-way lines. Analyze and calculate the right-of-way and property lines of adjoining parcels. Addresses of parcels/lots shall be obtained and shown on the final design drawing b. Establish horizontal and vertical control for the project. The horizontal control shall be on NAD83, North Central Zone coordinates and be set at 500-foot intervals. The Vertical control shall be tied to existing City of Fort Worth Vertical Datum and temporary benchmarks shall be set every 500 feet for construction. c. Tie all improvements X, Y and Z (water valves water meters, storm drains, manholes, driveways, curbs, trees 4" and larger, landscape trees, signs, buildings, power poles, rip/rap, piers, low chord concrete dams, water elevations, etc.) along the proposed route Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes long the route Provide flowline elevations of all sanitary sewer, storm drainage inlets and manholes along the route. For the length of the project the survey shall include 50-foot cross -sections extending from top of water elevation of the Trinity River to 100 feet past top of bank along the propose route, plus at all grade breaks. The cross -sections shall begin 100 feet south and extend 100 feet north of the project limits. Along the Vickery Boulebard section the survey shall locate from the south edge of bridge to the limits of the outside lane. A One -Call ticket shall be called in and any underground utilities marked shall be located and incorporated in the CAD file. Trinity Tail Clear Fork City of Fort Worth, Texas October 14, 2013 d. Prepare a final design/topographical drawing in a digital format (MicroStation V8i) showing all features located in the field, property lines & right-of-way lines ownership information one -foot interval contours and a TIN file. Deliverables shall also include a copy of the field notes and ASCII coordinate file of all points located in the field and a hard copy of the coordinates. 1. Data Collection and Base Map Preparation a. Attend one (01) coordination/project kick-off meeting with the City of Fort Worth, Tarrant Regional Water District, Railroad, USACE, TxDOT, NTTA and other entities to establish the project's goals and objectives, identify parameter for the upcoming planning efforts. Establish parameters and procedures to be used when assembling previous studies and existing data for use during the planning and design efforts including the number of copies to be delivered by participants and timeframes for data availability and assembly. c. Establish data management protocols and procedures to ensure data collection is consistent and accurate from different consultants and team members. d. Compile the digital information provided by the Client during the data gathering exercises into a base map for use during the planning and design activities. This base map will illustrate information such as locations of existing streets; existing wet and dry utilities; and existing topography. e. Initiate and coordinate one (01) site investigation study/information gathering meeting related to the topography of the site; soils composition and analysis; utilities; vegetation areas; Southwest Parkway; and plan impacts. The impacts and opportunities that result from these studies will be documented for use in the final development plan preparation process. 2. Schematic Design a. Preliminary Design — Based upon the data collection and basemap preparation and the site investigation/information gathering meeting Halff will prepare one (01) schematic design showing plan layouts and detailed drawings that help communicate the design intent and vision of the project. Schematic plan shall include layout of proposed improvements including the trail, retaining walls, guardrails, steps and lighting to demonstrate compliance with applicable codes and requirements. Structural retaining wall assessment and design shall include exploration of potential conflicts with existing structures and footings, preliminary assessment of pier depths and wall heights. Lighting assessment and design shall include exploration and coordination with Oncor in regards to power supply and review of proposed fixture types and locations. LF Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 b. Cost Estimate Preparation — Based on the schematic design layout a preliminary working statement of probable cost will be prepared and distributed with the preliminary schematic plans. Preliminary Schematic Design Workshop — Halff will conduct one (01) schematic design workshop with the City of Fort Worth to review and present the preliminary design. The City of Fort Worth staff will organize the attendees, meeting time and location. d. Pre -Design Workshop — Halff will conduct one (01) pre -design workshop with TxDOT to review and understand the design intent for the project prior to the construction documentation. The design conference will be set up by the City of Fort Worth. The City of Fort Worth staff will organize the attendees, meeting time and location. e. Preliminary Design Refinement — Halff will refine the schematic design based on comments received during the Preliminary Schematic Design Workshop in preparation for the Pre -Design Workshop. f. Deliverables —Schematic design plans shall include the layout of the proposed trail improvements, retaining wall heights and potential impacts, guardrail standards step location and standards, light fixture standards and locations, direction for ADA compliance. 3. Reimbursable Expenses a Reimbursable Expenses shall include, but are not necessarily limited to expenses for supplies, transportation, equipment, travel, communication, printing of plans, presentation boards, graphic boards and similar incidentals. 4. Special Services a. Preliminary Environmental Services Coordination/Administration and Quality Assurance/Quality Control — Halff will be responsible for directing and coordinating activities associated with the environmental services Appropriate communication will be maintained between Halff and the Client. Halff will attend one (1) meeting, if necessary, to discuss relevant project issues. Halff will organize and maintain the project records. Halff will conduct quality assurance/quality control reviews for all draft and final deliverables throughout the duration of the project. ii. Review and Incorporate Background Information — Review information concerning the proposed project provided by the City of Fort Worth, and incorporate appropriate information into the preliminary environmental report. iii. Data Review for Environmental Constraints LFF Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 Collect and review data, maps, and literature to document the Existing/Affected Environment within the project area. Halff will obtain readily available information from appropriate local, state, and federal agencies Data will be collected for the following Social, Natural, and Physical environmental resources: • Land use • Socio-economic conditions • Relocations and displacements • Public facilities and services • Major utility relocations • Water quality • Waters of the U.S., including wetlands • Floodplains • Geology and soils • Parks and recreation • Threatened and endangered species • Vegetation • Cultural resources — historic structures and archeological resources • Hazardous materials iv. Field Surveys — A field visit will be conducted to verify land use and other existing conditions within the study area. It has been assumed that the project area will be accessible, and appropriate right -of -entry for Halff to perform the tasks included in this scope of work will be coordinated and obtained by the City of Fort Worth v. Preliminary Evaluation of Potential Environmental Impacts and Permitting Requirements — Perform a preliminary evaluation of potential environmental consequences of implementing the proposed project and associated permitting requirements, if any. Details concerning certain resources are provided below: • Jurisdictional Waters of the United States - A survey to determine the presence or absence of waters of the United States, including wetlands, and an evaluation of applicable Clean Water Act Section 404 permit requirements is included in this scope of work. A preliminary jurisdictional determination is the first step in determining if a permit from the United States Army Corps of Engineers (USACE) is required. An on -the -ground delineation of jurisdictional waters will be performed to identify the limits of waters of the United States, including wetlands. The preliminary Jurisdictional determination will employ the use of GPS surveying techniques to map the edge of jurisdictional areas. Halff will complete necessary wetland data forms and take on -site photography for representative sites At this time, it is unknown whether the proposed project would exceed impact thresholds allowed by nationwide permits. LFF Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 Activities that do not qualify for authorization under the nationwide permit program may qualify for authorization by standard individual permit (IP). Documentation and a summary of findings would be incorporated into the preliminary environmental report as appropriate Permitting issues and requirements will be identified. It is not anticipated that navigational clearance under Section 9 and Section 10 of the Rivers and Harbors Act of 1899 will be required for this project. • Socio-economic Conditions The general population and income characteristics of the immediate project area will be documented. • Wildlife Habitat Analysis - Vegetation will be documented in the project area and a preliminary evaluation of potential habitat impacts will be performed. • Threatened/Endangered Species - This scope of work includes a limited investigation of state and federal -listed threatened and endangered species for the project area. This investigation will include a review of current species lists from the Texas Parks and Wildlife Department (TPWD) and the United States Fish and Wildlife Service (USFWS) for Tarrant County, and a search request from the Texas Natural Diversity Database (TXNDD). The TXNDD is a record of occurrences for rare plant and animal resources that is based upon the best available information maintained by TPWD. The TXNDD data is to support determinations of potential species occurrence for the study area, and provide specific information where available. Halff will also perform a walk through to make visual observations of the areas to be disturbed by construction. Conclusions will be made, based on general observations from the visual survey and the literature review and database search, regarding whether preferred habitat or designated critical habitat for any listed species is present within the project area, whether any listed species is likely to occur, and whether there is a potential effect to listed species. • Cultural Resources — Historic Structures - Halff will research the project area of potential effects (APE) to identify known eligible and listed National Register of Historic Places (NRHP) sites, State and National Historical Landmarks, State Historical Markers, and non -archeological resources of historic -age (i.e. anticipated let date minus 45 years) Identified resources will be described and mapped. • Cultural Resources — Archeology - This scope of work includes efforts to identify known archeological resources in the project area. A records review will be conducted utilizing the records at the Texas Archeological Research Laboratory (TARL) to identify recorded archeological sites within and in the vicinity of the project corridor. Federal and State lists of recorded Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 historic properties such as the NRHP, State Archeological Landmarks (SAL), and Official Texas Historic Markers will also be reviewed This information will be digitized and overlaid onto the most recent available U.S. Geological Survey (USGS) topographic map(s). • Hazardous Materials - Hazardous materials sites will be identified in the project area through field surveys and review of aerial photography. Field surveys will consist of a visual survey of the project area to ascertain existing conditions looking specifically for potential hazardous material concerns such as aboveground or underground tanks, drums, impoundments, waste piles, and landfills. Additional information such as State and Federal databases will be reviewed to establish whether there are potential hazardous material concerns that would affect the proposed project. vi. Deliverables — Preliminary Environmental Report — Electronic version of the preliminary environmental report in Adobe Acrobat format, and up to three (3) hard copies upon request. b. Preliminary H&H Services Attend one (01) coordination/project kick-off meeting with the City of Fort Worth, Tarrant Regional Water District, Railroad, USACE, TxDOT, NTTA and other entities to establish the project's goals and objectives, identify parameter for the upcoming planning efforts. ii. Initiate and coordinate one (01) site investigation study/information gathering meeting related to the topography of the site; river hydraulics; and comprehensive plan impacts The impacts and opportunities that result from these studies will be documented for use in the draft hydraulic memo. Obtain USACE CDC model (version to become effective January 01, 2014) and FEMA current effective hydraulic model for this reach of the Clear Fork. iv. Develop revised existing hydraulic model utilizing detailed field survey along proposed trail alignment. v. Incorporate proposed trail schematic into hydraulic model to assess impacts to water surface elevation and valley storage. vi. Iterate with civil design team to mitigate any adverse impacts to water surface elevations and valley storage (based on schematic level design). Attend one (01) review meeting with the City of Fort Worth and TxDOT to review the hydraulic impacts and preliminary hydraulic memo. LFF Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 viii. Deliverable — A draft hydraulic memo documenting the preliminary hydraulic analysis of the proposed trail. Submit copies to City of Fort Worth and TxDOT for review. Additional Services Additional Services not included in the Proposed Scope of Work will be negotiated with the Client as needed. Compensation will be based upon a mutually agreed lump sum fee or an hourly rate as shown below. Items that are considered additional services include: 1. Construction document preparation. 2. Design of areas outside the limits of the project site. 3. Additions to the project scope or budget that causes additional work. 4. Additional meetings or workshops not identified in the project scope. 5. Additional work not specifically included in the above Proposed Scope of Work. 6. Revisions to the plans requested by the Client after the plans are approved, unless necessitated by discrepancy in the plans. 7. Permit fees, filing fees, pro -rated fees, impact fees, taxes, federal and/or state regulatory agency review fees. 8. Design of gas, telephone or other utility improvements. 9. Printing of drawings, specification and contract documents except as noted herein. 10. Full-time construction inspection 11. Graphic products except as noted herein. 12. Design of utilities or other improvements outside of the project boundary. 13. Quality control and material testing services during construction except for submittal reviews. 14. Traffic Engineering reports or studies. 15. Construction staking. 16. Design of major existing utility relocations or modifications. 17. Negotiations/agreements with adjacent property Owners. 18. Plat or Final plat preparation. 19. Contractor pay requests or submittals not required by the construction documents. 20. Payment of permits or filing fees required by regulatory agencies or departments obtained for the City 21. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. 22. Public involvement related to environmental services. 23. Development and implementation of environmental mitigation plans. 24. Species presence/absence surveys or biological assessments and/or coordination with TPWD and USFWS. 25. Obtaining an Antiquities Permit from the THC. L Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 26. Performing reconnaissance or intensive surveys (i.e., intensive on the ground or archival research for historic structures/districts and shovel testing/deep trenching for archeological sites) for compliance with Section 106 of the National Historic Preservation Act (NHPA) [16 USC § 470(f)] and implementing regulations (36 CFR Part 800) and/or the Antiquities Code of Texas (13 TAC 26 and Title 9, Chapter 191, Subchapters A-F of the Texas Natural Resources Code, as amended). 27. Section 6(f) evaluation. 28. Phase I Environmental Site Assessment in accordance with ASTM standards. 29. Surveys/investigations involving sampling and laboratory analysis (e.g., hazardous materials sampling and analysis, asbestos surveys, and lead -based paint surveys). 30. Development of permit applications. 31. Section 4(f) evaluation involving an analysis of feasible and prudent avoidance alternatives and a 'least overall harm" analysis. 32. In the event the proposed project is determined by the USACE to be subject to Section 408, additional documentation and coordination efforts beyond this scope of work would be necessary to process the proposed project and obtain environmental clearance. 33. Preparation of a jurisdictional determination report to satisfy the requirement for a permit application for submittal to the USACE Fort Worth District. 34. CLOMR (or LOMR upon completion of project construction) submittal to FEMA. 35. CDC permit application and hydraulic report. 36. 408 permit coordination with the USACE. 37. City of Fort Worth floodplain development certificate. 38. Formal hydraulic report. 39. Construction Administration services beyond what is included in the Proposed Scope of Work. 40. Preliminary or Final Punch List preparation. 41. Preparation and printing of As -Built Drawings. Hourly rates are as follows: Principal in Charge $195 Project Manager $150 Senior Landscape Architect $110 Landscape Designer $95 CADD Technician $70 Licensed Irrigator $110 Administration/Clerical $50 Professional Engineer $155 Engineer in Training $105 ATTACHMENT B COMPENSATION Project Number/Name 02156 / Trinity Trails - East Bank Extension Firm Prime Consultant Halff Associates Primary Responsibility Prime, trail alignment, landscape architecture, structural engineering CAD, Environmental Analysis SUB TOTAL Proposed SBE Sub -Consultants Gorrodona & Assoc. Survey SUB TOTAL TOTAL Fee Amount $ 83,665.00 $ 83,665.00 15,635.00 15,635.00 99,300.00 84% 84% 16% 16% -100% ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Amendments to the Standard Agreement are shown by strike-thru/underlined insertion format within the body of the Agreement. LFF SCHEDULE Task ATTACHMENT D Completion Schedule Trinity Trail Clear Fork Topographical Survey Data Collection and Base Map Preparation Schematic Design Environment and H&H Services Date of Completion January 6th January 13th February 3ra February 3ra Trinity Trail Clear Fork City of Fort Worth, Texas October 14, 2013 Duration 4 weeks 1 week 3 weeks 4 weeks City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/4/2014 DATE• Tuesday, March 04, 2014 REFERENCE NO.: **C-26695 LOG NAME• 802012 STEP HALFF AGREEMENT SUBJECT: Authorize Execution of an Engineering Agreement with Halff Associates, Inc , in the Amount of $99,300.00 for the Schematic Design of the Trinity Trails Clear Fork -East Bank Extension Project (COUNCIL DISTRICT 9) RECOMMENDATION. It is recommended that the City Council authorize the execution of an Engineering Agreement with Halff Associates, Inc., in the amount of $99,300 00 for the schematic design of the Trinity Trails Clear Fork -East Bank Extension project. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of an Engineering Agreement with Halff Associates, Inc., in the amount of $99,300.00 for the schematic design of the Trinity Trails Clear Fork - East Bank Extension project. This project will provide an off-street trail connection from the Mistletoe Heights neighborhood to a new on -street trailhead on Parkview Drive, and was included in the Trinity River Vision Neighborhood Recreation Enhancement Plan adopted by City Council on August 4, 2009 (M&C G-16638). Staff considers this fee to be fair and reasonable for the scope of services provided. The Texas Department of Transportation (TxDOT) issued a Call -for -Projects on October 12 2012, under the Federal Transportation Enhancement (TE) Program. The TE Program is unique in that it emphasizes the development of non-traditional transportation projects to the transportation system. This is an 80 percent federally funded cost -reimbursement program with a minimum 20 percent local match. The reimbursement only covers construction related costs. On November 11, 2012, (M&C G-17737) the City Council authonzed the City Manager to submit an application and accept, if awarded, funding for the Trinity Trails Clear Fork - East Bank Extension project On July 26, 2013, TxDOT notified the City of Fort Worth that the Trinity Trails Clear Fork - East Bank Extension project would be awarded funding in the amount of $2,156 000.00. Funding for the required 20 percent local match, consulting charges and other non -construction charges is allocated in the 2004 Capital Improvement Program for the Chisholm Trail Parkway. M/WBE Office - Halff Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 16 percent SBE participation on this project. The City's SBE goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 76K. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital Logname: 802012 STEP HALFF AGREEMENT Page 1 of 2 budget, as appropriated, of the SH121T Southwest Parkway Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C221 531200 809500215630 $99.300.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. C221 99901.doc (CFW Internal) 2. FAR consultant contract 1 pdf (CFW Internal) 3. Mtoe Hts North Trail 1117.pdf (Public) 4. Trinity Trails comp memo.pdf (CFW Internal) Susan Alanis (8180) Richard Zavala (5711) David Creek (5744) Logname: 802012 STEP HALFF AGREFa,MENT Page 2 of 2