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HomeMy WebLinkAboutContract 26686 4 CITY SECRETgRy J _ v l� CONTRACT �®TR �P . CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Huitt-Zollars, Inc.(the "ENGINEER"), for a PROJECT generally described as: Engineering Services for Evans Avenue Urban Design. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The ENGINEER shall provide the CITY sufficient documentation to reasonably substantiate the invoices. (2) Monthly invoices will be issued by the ENGINEER for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to the ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving seven (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. ON���������Q/� Article IV Obligations of the ENGINEER Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineering Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification or performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or qualify or 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. 1. Minority and Woman Business Enterprise (MIWBE) Participation In accord with the City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the CITY has goals for the participation of minority business enterprises and woman business enterprises in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this agreement and debarment from participating in CITY contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years after final payment under this contract, have access to 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 workspace in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all necessary 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. ENGINEER'S Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the CITY certificate(s) of insurance documenting policies of the following coverage at minimum limits which are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease— policy limit $100,000 disease—each employee Professional Liability $1,000,000 each claim/annual aggregate (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be enforced to name the CITY an Additional insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials,' agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to Section K(1) and K(2) of this AGREEMENT are provided under applicable policies documented thereon. (c) Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. (d) A minimum of thirty (30) days notice of cancellation, non-renewal or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's Insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be -authorized to do business in the State of Texas or be-otherwise approved by the CITY; and, such insurers shall be acceptable to the CITY in terms of their financial strength and solvency. (f) Deductible limits, or self insured retentions, affecting insurance required herein may be acceptable to the CITY at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum two (2) year period subsequent to the term of the respective PROJECT contract with the CITY unless such coverage is provided the ENGINEER on an occurrence basis. i I (k) The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of ENGINEER's overhead. (1) All insurance required in Section K., except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the CITY. (m) Subconsultants to the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When insurance coverage is maintained by subconsultants, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by ENGINEER of the Agreement. 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 owners. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the ENGINEER will, if requested, assist the CITY in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities— Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the I 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 reasonable aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services and will provide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule in Attachment D. E. Prompt Notice The CITY will give prompt notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification (1) To the maximum extent permitted by law, the CITY will indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs,*including, but not limited to, attorney's fees and litigation expenses arising out of or relating to the presence, discharge, release, or escape of hazardous substances, contaminants, or asbestos on or from the PROJECT. Nothing contained herein shall be construed to require the CITY to levy, assess or collect any tax to fund this indemnification. (2) The indemnification and release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if such -hazardous substance, contaminant or asbestos is brought onto the PROJECT by ENGINEER. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no right 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/[nstallation 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. Article V1 General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon-receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The final designs, drawings, specifications and documents shall be owned by the CITY. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within five (5) days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the CITY, the ENGINEER will be paid for termination expenses as follows: (a) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER's work product; (b) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; (c) The time requirements for the ENGINEER's personnel to document the work underway at the time the CITY's termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding With termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY's approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties means the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this AGREEMENT or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER. hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in questions shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgement may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and (2) Any award greater than $50,000, exclusive of attorney's fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B, VID, VI.H, and VI.J shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all time 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. i 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 ATTEST: CITY OF FORT W R H By: loria Pearso ,C� Jq_a Mike Groomer City Secrets y Assistant City Manager APPROVED AS TO FORM APPROVAL RECOMMENDED AND LEGALITY ary tein ger ug . Malanga, P.E., Director Assistant City Attorney Transportation and Public Works ATTEST: HUITT- L RS, INC. Paul King, P.E. Vic President Contract Authorization Date -14- Attachment A SCOPE OF SERVICES I. PROJECT DESCRIPTION AND UNDERSTANDING The purpose of this project is to provide Public Involvement, schematic design, and construction documents for the streetscape improvements for Evans Avenue from 1/2 block south of Rosedale Street to Terrell Avenue. Funds from an EDA grant will be used for this project. The project includes a new streetscape for Evans Avenue to accommodate pedestrian, bicycle, vehicular traffic, and public transit. The improvements may include urban design elements such as street trees, benches, monuments, public art, signage,-special paving, architectural features, central plaza, signalization, lighting, landscape plantings, irrigation, and new vehicular paving. Some of the primary goals of this project are to clearly define the edges of the district; direct visitors to the main attractions featured in the district; and detail the improvements such that they are consistent with the existing architecture and period style unique to the Heritage Center District. The scope of services is divided into seven major tasks including: survey / base mapping, environmental documentation, traffic and wayfinding study, public involvement, schematic design, construction documents, and bid phase services as detailed below in Section 11. Section III defines work that may be required to complete the project, but are not services provided in this contract. Should the occasion arise when the services are necessary for the completion of the Evans project, supplemental agreement(s) will be executed with the Engineer. Scope development and contract assumptions are summarized in Section IV. Section V highlights services to be provided by the City of Fort Worth. 111. SERVICES TO BE PROVIDED BY THE ENGINEER TASK 1.0 SURVEY/ BASE MAPPING A. Topographic/Design Surveying Establish horizontal and vertical control for the project based on the TxDOT Rosedale Street Project. 2) Provide a topographic survey of Evans Avenue from 1/2 block south of Rosedale Street to Terrell Street with the limits extending approximately 15 feet beyond all existing buildings. The limits also include Terrell Street, 1/z block east and west of Evans Avenue intersection. The topographic survey shall extend 100 feet beyond the curb returns on intersecting side streets. The survey shall include locating all visible existing features including, but not limited to, concrete, property corners, power poles, manholes with inverts, asphalt, water valves, telephone risers, trees, fences, . curbs, buildings, tops and toes of slopes, ditches, sidewalks, driveways, lights and walls. 3) Deliverables shall include an AutoCAD R-14 digital file of the features located in the field along with 1 foot interval contours, a Page lofll Digital Terrain Model, Evans Avenue right-of-way lines, property ownership along the project, an ASCII file with coordinates of points located in the field, a copy of the field notes and a hardcopy of point coordinates. TASK 2.0 ENVIRONMENTAL DOCUMENTATION A. Environmental Assessment The Engineer will prepare an Environmental Assessment (EA) document formatted in Texas Department of Transportation (TxDOT) Categorical Exclusion (CE) style for the project. Approximately fifteen pages long, this document will include introduction, statement of purpose and need, traffic information, design discussion, alternatives analysis, ROW discussion, environmental justice, land use, prime and unique farmlands, noise impacts, air quality, .soil survey, landscaping, existing vegetation, wildlife, threatened/endangered species, archaeology, historic structures, parklands, wetlands, water quality, floodplains, permits, hazardous materials, construction impacts, secondary/cumulative impacts, summary and conclusion. The project will not increase motorized vehicle capacities of the Evans corridor, therefore air and noise modeling will not be required for this project. A categorical exclusion is expected for this project therefore a finding of no significant impacts will not be acquired and not considered as part of services. Project intent is to enhance cultural resources. Therefore ROW acquisition of public parklands and recreation facilities is not expected for this project and NEPA section 4(f) and 6(f) statements are not included in scope of services. The City of Fort Worth has completed a phase I environmental investigation and the Engineer will include much of this information in the completion of the EA for the Evans Avenue construction project. TASK 3.0 TRAFFIC AND WAYFINDING STUDY A. Traffic Studies 1.) The Engineer will obtain the Evans at Rosedale Street signal warrant study from TxDOT 2.) The Engineer will prepare a separate traffic study of existing and proposed conditions for Heritage Center based upon planning data provided by the City. The Engineer will deliver an Executive Summary to document the study findings. Page 2 of 11 3.) The Engineer will prepare signal operations analysis using Highway Capacity Software (HCS) version 3 of the intersections of Evans Avenue at Terrell and Evans Avenue at Rosedale. The Engineer will deliver an Executive Summary to document the study findings. B. Wayfinding Study The Engineer will conduct a wayfinding study to determine the design, location and size of new signage needed to direct visitors to the Heritage Center. TASK 4.0 PUBLIC INVOLVEMENT A. Database Preparation With information provided by the City of Fort Worth with regard to the major stakeholders, advisory committee members, and interested citizen groups, the Engineer will create and maintain a database for use in the preparation of meeting announcement notices and informational circulars for the project. B. Meeting Announcement Notices The Engineer will prepare meeting announcement notices to the major stakeholders, advisory committee members, and interested citizen groups as necessary prior to each scheduled public meeting. C. Informational Circulars The Engineer will prepare and distribute informational circulars to the Major stakeholders, advisory committee members, and interested citizen groups to inform them on the status of the project at -key intervals throughout the duration of the project. Distribution will be by direct mail and dissemination at public'meetings. D. Public Meetings The Engineer will conduct, two (2) public meetings to gather public input for the design of the project. The Engineer will secure the Southside Multipurpose Center for public meetings. Stakeholders will be notified of the public meetings. The meeting will be documented with flip chart notes, and photographs. The Engineer will provide displays to convey schematic alternatives, schedules, wayfinding features, and storyboard content at public meetings. E. Citizen Advisory Committee Meetings Page 3 of 11 The Engineer will conduct one citizen advisory committee meeting to present the preferred alternative schematic for committee consensus. 1) Develop and maintain a database of committee members. 2) Notify committee members of meetings. 3) Provide a meeting summary. F Workgroup Committee Meetings The Engineer will conduct eight (8) workgroup committee meetings to gather input and identify the direction for the project. The workgroup committee is to be comprised of City staff and designated Citizens Advisory Committee members. Meetings are to be timed immediately prior and after public meetings, or once monthly. 1) Develop and maintain a database of committee members. 2) Notify committee members of meetings. 3) Provide a meeting summary. G. In addition: 1) Prepare monthly progress reports. 2) Assist with the posting of content for a project web page (linked to either the TPW or Planning Dept. Web site). The Engineer will provide text content and project images for hypertext markup language coding by City personnel. The web page content will be hosted on City webservers. TASK 5.0 SCHEMATIC DESIGN A. Schematic Alternative Plans Based upon information gathered during Tasks 1 through 4, the Engineer will prepare a maximum of two (2) schematic alternative plans for the project that will follow City of Fort Worth Planning Department guidelines for the Heritage Center. Each of the schematic alternative plans will have an accompanying family of furnishings reflecting a unique yet compatible architectural style. The schematic alternative plans will be accompanied by a signage and wayfinding exhibit identifying possible locations and styles for the signage system consistent with each of the alternatives. The schematic alternative plans will also illustrate alternatives to the street section, hardscape amenities, and planting treatments. The schematic alternative plans may be hand drawn, rendered exhibits for presentation, discussion, and review purposes only. Included in the schematic design submittal will be an alternatives analysis which narrates and illustrates period architectural styles presented in the Evans project. Page 4 of 11 B. The Engineer will prepare Urban Design guidelines based upon Evans Avenue conditions. The Engineer will adapt portions of "Fort Worth South Development Framework"to apply to Evans Avenue. C. Opinions of Probable Construction Costs The Engineer will prepare an opinion of probable construction costs associated with each of the two (2) schematic alternative plans for the project. D. TxDOT Coordination The Engineer will coordinate with Rosedale Street Project Team and forward Evans schematics for TxDOT consideration. E. Fort Worth Transportation Authority (FWTA) Coordination The Engineer will forward the two (2) alternative plans for the project to FWTA for review and comments to insure that the final project incorporates all FWTA issues. F Final Schematic Plan Based upon information gathered from the environmental investigations, traffic study, and public involvement phases, and with direction received based upon the three schematic plan alternatives, the Engineer will prepare one final schematic plan for the project which will be referred to as the "preferred alternative" schematic. , The preferred alternative will have a family of furnishings and wayfinding system reflecting a unique architectural style. Once approved by the Citizens Advisory Committee, the preferred alternative schematic will serve as the basis upon which the construction documents will be developed. The preferred alternative schematic will be a hand drawn, rendered exhibit for presentation, discussion, and review purposes only. G. Story Board Research The Engineer will interview four (4) citizens to be designated by the City to record their interpretation of the Evans Avenue history. H. Opinion of Probable Construction Costs The Engineer will prepare an updated opinion of probable construction costs associated with the improvements depicted on the preferred alternative schematic. This opinion of probable construction costs will serve as the benchmark for the construction budget associated with the construction document package. Page-5 of 11 TASK 6.0 CONSTRUCTION DOCUMENTS A. Detailed Design The Engineer will provide detailed design for the following aspects of the project: 1) Utility Design a) Sewer b) Water 2) Demolition Plan 3) Pavement Design a) Street alignment b) Driveway details c) Sidewalk details d) Plaza configuration e) Special paving patterning f) Paver inset details g) Pedestrian ramp details h) Curb and gutter details i) Tree grate collar details 4) Signal Design a) Signal pole selection b) Vendor information c) Applicable general notes d) Specification 5) Storm Sewer System a) Drainage area layouts b) Hydrology and hydraulic computations c) Storm sewer design computations d) Plan and profile e) Storm water pollution prevention plan D Miscellaneous storm sewer details 6) Site grading a) Street sections b) Top of curb elevations c) Sidewalk spot grades d) Plaza spot grades e) ADA access ramps 7) Monuments a) Entry monument locations 8) Public Art a) Sculpture location layout Page 6 of 11 9) Signage and Wayfinding a) Signage location and layout b) Signage style and format 10) Lighting a) Vehicular lighting layout b) Pedestrian lighting layout c) Landscape lighting layout d) Lighting conduit layout e) Electrical schedules f) Fixture selections g) Lighting pole selections h) Lighting pole foundations 11) Landscape Planting a) Street tree layout b) Planting beds at entry monuments c) Planting beds associated with plaza d) Tree grate details e) Planting details 12) Irrigation System a) Head layout b) Piping layout c) Valve layout and system zoning d) Controller layout e) Meter and connection details D Backflow prevention details g) Irrigation equipment details 13) Construction Sequence and Traffic Control a) Narrative b) Construction phase layouts c) Traffic control details 14) Furniture System and plaza layout a) Bench layout b) Trash receptacle layout c) Bicycle rack layout d) Planting container layout e) Drinking fountain layout D Table/ chair set layout g) Furniture connection and foundation details h) Kiosks B. Construction Documents Based upon the approved final schematic plan, the Engineer will prepare the construction drawings, general notes, estimate and specifications necessary to bid the improvements for the project. The Page 7 of I I following are anticipated to be included in the construction document package: 1) Cover Sheet 2) Site Plan 3) Demolition / Site Preparation Plan 4) Grading Plans 5) Drainage Plan 6) Storm Drain Profiles 7) Storm Drain Details 8) Storm Water Pollution Prevention Plan 9) Paving Plans 10) Paving Details 11) Layout and Dimensioning Plans 12) Site Utilities /Water Plan 13) Water and Sanitary Details 14) Sequence of Construction Narrative 15) Traffic Control Layouts 16) Signage Plan 17) Signage Details 18) Site lighting Plan 19) Electrical Schedules and Details 20) Planting Plans 21) Planting Details 22) Irrigation Plans 23) Irrigation Details 24) Furniture Plan and Schedule 25) Specification Booklet 26) Project Meeting Notes 27) Construction General Notes The Engineer will submit the construction document package at 30%, 90%, and 100% completion to the City of Fort Worth for review and comment. Along with each submission, the opinion of probable construction costs will be updated based upon any necessary modifications to the design of the project. At the conclusion of the Construction Document Phase, the Engineer will provide the City of Fort Worth with the following: 1) AUTOCAD-14 digital copies of all Construction Drawings 2) Project Technical Specifications on bond paper 3) Project Technical Specifications in Microsoft Word format, (Office 97 version or later) digital copies 4) Bond copies of the Opinions of Probable Construction Costs A representative from the Engineer will meet with the City of Fort Worth Staff to present the Construction Document Packages at 100% completion. C. TDLR Submission Page 8 of 11 Upon completion of the construction documents, the Engineer will submit the package to Texas Department of Licensing and Regulation (TDLR) for Americans with Disabilities Act (ADA) review. D. Geotechnical Soils Investigation and Report The Engineer will provide a geotechnical soils report for use in the design of the improvements for the project. The geotechnical soils report will include multiple borings along Evans Avenue and other key locations within the design area. The soils information gathered in the borings will be extracted and studied by an Engineer, and recommendations will be made with regard to structural systems and necessary soil modifications for the project. TASK 7.0 BID PHASE A. Pre-bid Meeting One representative from the Engineer will attend and/or conduct the pre-bid meeting as required by the City of Fort Worth. B. Addendum During the course of the bid phase, the Engineer. will prepare addendum as needed for distribution by the City of Fort Worth, and will coordinate the delivery of plan sets to plan rooms. C. Bid Opening One representative from the Engineer will attend the bid-opening meeting and record the construction bids submitted for the project. D. Bid Tabulation Upon completion of the bid-opening meeting, the Engineer will prepare a spreadsheet to tabulate the bids for the project. E. Contractor References and Recommendation Upon completion of the bid tabulation, the Engineer will call the references submitted by the contractors submitting the two lowest bids to establish a qualified bidder for the project. Based upon the verification of a qualified bidder on the project, the Engineer will draft a letter to the City of Fort Worth recommending the award of the construction contract. Page 9 of 11 Ill. ADDITIONAL SERVICES A. Permits Antiquities Permit — Since two historic structures are located within 150' of project ROW, the Engineer will prepare a Historical Cultural Resources Survey of the project and secure an Antiquities Permit from the State Historical Preservation Office (SHPO). B. Construction Administration Services C. Field Staking of Proposed Improvements D. Obtaining a finding of no significant impacts or categorical exclusion for environmental assessment. E. Traffic Studies that involve forecasting pedestrian and vehicular traffic die to land use change. IV. ASSUMPTIONS A. This scope of services is limited to the meetings and presentations described herein. All other meetings or presentations requested by the City staff will be considered additional services. B. This scope of services assumes that upon approval of the final schematic plan (preferred alternative) for the project, additional design concepts and related re-design efforts will be considered additional services. C. This scope of services is limited to the design alternatives and submissions described herein. All additional design alternatives and submissions requested or required by the City of Fort Worth will be considered additional services. D. Should the City of Fort Worth decide to request additional services beyond the scope as defined within this document, Huitt-Zollars, Inc. will negotiate the additional fees with the City of Fort Worth Staff based upon the effort involved in completing said additional services. V. SERVICES TO BE PROVIDED BY THE CITY The Transportation/Public Works Department or Planning Department will provide upon request to the consultant: A. Available street maps which illustrate various improvements in the area. B. Assistance in retrieving as-built drawings of various City infrastructure items, i.e. water, sanitary sewer, drainage, and street facilities. C. Benchmark elevations and descriptions for vertical control. D. Available horizontal control points. E. Data and/or reports that are in City of Fort Worth files concerning this project. Page 10 of I I F. Aerial photographs as available form the North Texas Consortium. G. 1998 Tarrant Appraisal lot and block maps. H. Coordinate project approval with the City of Fort Worth. I. Conduct all public meetings with assistance from the consultant and be the primary contact for all inquiries concerning the project. J. Negotiate with all private landowners for any easements or rights-of- ways. K. Assist the consultant, as necessary, in order to obtain the required data and information from other local, regional, State and Federal agencies. L. Provide the consultant with timely review and decisions as necessary. M. Provide public addressing (PA) sound systems for public meetings. N. Provide postage for mailings of project information to general public. O. Provide planning data for traffic forecast preparation by the Engineer. This data will cover all of Heritage Center and consist of projected land use/zoning, densities, and daily trips generated per land use type. Page 11 of 11 Attachment B COMPENSATION The Engineer shall be compensated a total lump sum fee of$236,564 for the project. Payment of the lump sum fee shall be considered full compensation for the services described in Attachment A for all labor, materials, supplies, and equipment necessary to complete the services. The Engineer shall submit monthly invoices to the City for all work performed under this agreement set forth in Article 111, Terms of Payment. The monthly invoices will contain a description of the tasks performed for that particular month, percent complete for each task, amount budgeted for each task, portion of budget amount expended, previous billing totals, and totals for invoice. City of Fort Worth, Texas "apor dond Council comalunication DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 C-'18525 20URBAN 1 of 2 SUBJECT ENGINEERING SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR EVANS AVENUE URBAN DESIGN RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $236,564 from the Community Development Block Grant (CDBG) unprogrammed funds for use on the Evans Avenue Urban Design Project; and 2. Authorize the City Manager to execute an engineering services agreement with Huitt-Zollars, Inc. to prepare construction plans and specifications for the Evans Avenue Urban Design Project from Rosedale Street to Terrell Avenue for a lump sum fee of$236,564. DISCUSSION: On January 11, 2000 (M&C G-12784), the City Council authorized the City Manager to apply for a grant in the amount of $1,500,000 from the Economic Development Administration for the Heritage Center. The City's participation for the grant is in the amount of $813,000, with CDBG unprogrammed funds recommended as the funding source for the design phase. This total funding of $2,013,000 will be used to reconstruct Evans Avenue from Rosedale Street to Terrell Avenue with urban design elements including trees, plantings, irrigation, benches, monuments, art, signage, enhanced paving, and lighting. Two public meetings are planned to involve the surrounding neighborhood in the design process. Staff has been coordinating with the Heritage Center Advisory Committee regarding the development of this project. A work group from this committee will be involved with the preparation of this project. This project will be coordinated with the Texas Department of Transportation for the widening of East Rosedale Street from IH-35W to U.S. 287. Huitt-Zollars, Inc. was selected by the City to prepare plans and specifications for the project. Its lump sum fee for the project is $236,564. Staff considers this fee to be fair and reasonable for the scope of services to be performed. Huitt-Zollars, Inc. is in compliance with the City's M/WBE Ordinance by committing to 20% M/VVBE participation. The City's goal on this project is 20%. A public. comment period was held from November 3, 2000, through December 3, 2000, in accordance with Title 14-,'Part 91.105 of the Code of Federal Regulations as an amendment to the Consolidated Action Plan adopted by the City for FY2000-2001. The'project is located in COUNCIL DISTRICT 8, Mapsco 77K. i i City of Fort Worth, Texas '4aMMUn*Catj0n "near and ^ARLUne*1 DATE REFERENCE NUMBER LOG NAME PAGE 3/27/01 C-18525 20URBAN 2 of 2 SUBJECT ENGINEERING SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC. FOR EVANS AVENUE URBAN DESIGN FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Grants Fund. i MG:k I Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL Hugo Malanga 7800 (from) MAR 27 2DQ9 Additional Information Contact: GR76 539120 013206127830 $236,564.00 VIty'3e=Qitaxq oI the Hugo Malanga 7800 tb.:kX813