HomeMy WebLinkAboutContract 27727 CITY SECRETARY I
06-03-Q2 A07 :40NTRACT NO.
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 Berry Street
Streetscape from Evans Avenue to 6t"Avenue.
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The ENGINEER shall provide the CITY sufficient documentation to
reasonably substantiate the invoices.
(2) 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 I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing-until mutually
resolved.
(5) If the CITY fails to make payment in full to the 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
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suspension of services, the ENGINEER shall have no liability to CITY for
delays or damages caused the CITY because of such suspension of
services.
Article IV
Obligations of the ENGINEER
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and advice
and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of
skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time such
services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to
be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect the total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the
responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink on
reproducible plastic film sheets, or as otherwise approved by CITY, which shall
become the property of the CITY. CITY may use such drawings in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the use of
such drawings for any project other than the PROJECT described herein.
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E. Engineering Personnel at Construction Site
/1\ The presence Or duties Of the ENG|NEER'G personnel o1a construction site,
VVh8thg[ as on-site representatives or OthgrNiG8. do not Dl8hB the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/o[ the C|TY's construction COntr8CtD[G or other
entities, and do not relieve the construction contractors Or any other entity[f
their obligations, dUti8G, and rB8pOOGibi|ibeG, including, but not limited to, all
CODG[rUCtiOO methods, 08@DG' techniques, G8qU8Does, and prOC8dU[gG
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
py8CaUUona required bysuch 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 tOthe 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 t8 become familiar with the
progress or quality of the completed VVO[k on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in G manner
indicating that the PROJECT, when COmnp|eted. 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 oOObOuOUe on-site inspections to
discover latent defects in the work or otherwise check the quality o[ quantity
of the work on the PROJECT. |f' for any reason, the ENGINEER should
make RO on-site observation(s), on the basis Ofsuch on-site observations, if
GOy. the ENGINEER shall endeavor to keep the CITY informed Of any
deviation from the Contract C)o:WDlanie conning to the actual notice of
ENGINEER regarding the PROJECT.
/D\ When professional certification or performance or characteristics of
materials, systems or equipment is r8@GoO8b|y required to perform the
oen/iogo set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish [O8te[iG|G, evotenno or equipment
and performance criteria b] be required iD the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based OD the
current available information at the time of preparation, in accordance with
Attachment A.
/2\ In providing opinions of cost, financial aDa|yges, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has OO
control over cost Or price Of labor and N0G1eriG|8; UDkOOVVD or latent
conditions of existing equipment O[ structures that may affect operation or
[O@int8O8OC8 COGtS; competitive bidding prOC8dUnBG and market conditions;
time Or qualify O[performance by third parties; quality, type management,
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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 DD warranty that the C||TY's actual
PROJECT COGtG, financial aspects, ec0OO[OiC feasibility, or schedules will
not V8n/ from the ENG|yJEER'G opinions, aOG|VGee. projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress paV08Ote to the cOO8t[UCtiOO contractor will be based DO the
ENG|NEER's knowledge, information, and belief from G9|8Ctiva sampling and
observation that the work has prOgnaaaad to the point indicated. Such
reoonnnngnda1i0OG do not represent that CODtiDUoUa or detailed examinations have
been made by the ENGINEER to ascertain that the construction contractor has
completed the work in eX@n1 accordance with the Contract Documents; that the final
work will be acceptable in all respects; that the ENGINEER has made an
examination to ascertain hVVV or for what purpose the COOGtrUoiion contractor has
used the moneys paid; that title to any Of the VVO[k, materials, Or equipment has
passed to the CITY free and clear of liens, C|ainna, security iOteraota, 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 drawingg, if required, will be prepared, in part, on the basis of information
compiled and furnished by Othom' and may not a|w@Va represent the exact location,
type of various components, or exact DlaDDe[ in which the PROJECT was finally
constructed. The ENGINEER is not responsible for any arnJrG or omissions in the
information from others that is incorporated into the [eCO[d drawings.
U. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with the City of Fort Worth O[diO2OC8 No. 11928. as amended by
Ordinance 18471, the CITY has goals for the participation of 00iDOhtv business
enterprises and vvOrDan business enterprises in CITY contracts. ENGINEER
GchOOYV|edgeo the WY/VVBE goal established for this CoOtGao1 and its cOrn[nitmaOt t0
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 G 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 paVnngOi under this contract, have GCC88G to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records Of the ENGINEER iDVO|ViOg transactions [8|81iOg to this
contract. ENGINEER agrees that the [:|T`/shall have 8CC800 during OOr[na|
working hOUnS to all necessary ENGINEER facilities and eho|| 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.
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(a) Applicable policies shall b8 enforced to name the CITY aOAdditional
insured thereon, as its interests may appear. The term CITY shall
include its grnp|oV88a, offiC8r8, officials, agents, and volunteers as
respects the contracted services.
(b) Certificate(s) of insurance shall document that iO8Wn8OC8 COV8r8g8G
specified RCCO[diDQ to Section N.(1) and K(2) Of this AGREEMENT
are provided under applicable policies documented thereon.
(c) Any fGi|UF8 OO part of the CITY to request required iDGUG3DC8
documentation shall not constitute R VVGiVe[ of the iDGU[GOC8
requirements.
(d) /\ 0OiDiOOurO of thirty /80\ d8VG DOtiC8 of CGncellaUion, DVD-[eneVY8l or
material change in coverage shall be provided to the CITY. A tan
(10) days notice aho|| be aoC8ptGb|g in the event of non-payment of
p[eOOiV0O' Such te[[na oh@|| be endorsed onto ENG|NEER's
|DGUr@Dce policies. Notice oho|| be GODt to the respective
Department Director (by O80e). [|ih/ of Fort Worth, 1000
ThnookmoMoO' Fort Worth, Texas 7G1O2.
(g) |naurgna for all policies rnUSt 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 {erDlG Of their financial
strength and solvency.
M Deductible |imnito, or og|f insured retentions, affecting insurance
required herein may be acceptable tVthe CITY at its sole discretion;
and, in lieu of traditional inaUraDC8, any alternative coverage
maintained through insurance pools or risk retention groups must ba
also approved. Dedicated financial resources or letters of credit may
also be acceptable tothe CITY.
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(g) Applicable policies aho|| each be endorsed with a waiver of
subrogation iO favor Of the CITY as respects the PROJECT.
(h) The CITY shall be entitled, UpOO its request and without incurring
expense, to review the ENG|NEEH'o inoU[GDC8 policies including
endorsements thereto and, at the C|TY'sdiacreiion. the ENGINEER
may be required to provide proof of insurance premium payments.
U\ The Commercial General Liability insurance policy shall have no
exclusions bV endorsements unless such are approved bV the CITY.
0\ The Prof8aGiOD8| Liability insurance policy, if vv[itt8D On a claims
made basis Gh8|| be maintained by the ENGINEER for 8 0OiOi[DU[D
two (2) year period aUbS8qU8Dt to the term of the respective
PROJECT contract with the CITY unless such coverage isprovided
the ENGINEER on8n occurrence basis.
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0d The CITY shall not be responsible for the direct payment of any
insurance p[e[niUnnG required by this agreement. It is understood
that insurance cost is an @||nvVGb|e cDDlpDO8Dt of ENGINEER'S
overhead.
U\ All iOGVn3Oce required in Section K., except for the Professional
Liability insurance policy, shall be written OD an occU[[8OC8 basis in
order tObe approved by the CITY.
(0D) GUbCoDGU|[8ntG to the ENGINEER shall be required by the
ENGINEER to maintain the G80e Or reasonably equivalent
insurance coverage as required for the ENGINEER. When
insurance COV8U@g8 is maintained by oubcoDsU|taOtG, ENGINEER
shall provide CITY with dOCU[D8Ot81iOO thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
h8[8iD, in the event a sUbcOOGu|tGOt`G iDGU[anoa oove[2Qg is
C8Oco|ed or terminated, such cancellation or termination oh@|| 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 aoa subcontractor, agent, or employee Of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has nD@dg fU|| disclosure in
writing Cf any existing conflicts of interest orpotential conflicts of interest, including
pe[GOO@| financial intoreat, direct or indirect, in property abutting the pn}pnGHd
PROJECT and business relationships with abutting property OYVDena. The
ENGINEER further 2chDOVv|edgee that it will rDabg 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 fO[rD are encountered or
eUopeoiad. the ENGINEER will stop its own work in the affected portions of
the PROJECT tD permit testing and evaluation.
(2) If asbestos V[ other hazardous substances are suspected, the ENGINEER
m/i||, if requested, @GGiot the CITY in obtaining the 8en/iCgG Of a qualified
subcontractor|O manage the [8rO8dia1iOn activities of the PROJECT.
0. Permitting AuthoritUes— Design Changes
If permitting 8UthOrib8G require design changes GD as to comply with published
design criteria and/or current engineering practice standards which the ENGINEER
should have been aware 0fad the time this Agreement was executed, the
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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.
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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.
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(4) Nothing contained in this section V.H. shall be construed as owaive[ of any
right the CITY has 8] bring a claim against ENGINEER.
U' CKTY`sKnsuKance
(1) The CITY may maintain property insurance OO certain pre-existing
structures associated with the PROJECT.
/2\ The CITY will ensure that BUi|d8[G Risk/Installation iD8Un8Doe is maintained
at the replacement COat Yo|Ue of the PROJECT. The CITY may provide
ENGINEER a copy Of the policy or documentation Of such ona certificate of
iO8U[8DCe.
/3\ The CITY will specify that the Builders Risk/Installation insurance 8h8U be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope Of Services does not include costs ofthe ENGINEER for required or
requested aGGi8t8OC9 to support, prepare, dOoUDnant' bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
Gen/iCeG of the ENGINEER, this AGREEMENT shall be amended oraseparate
agreement will be negotiated between the parties.
K. Changes
The CITY may FOGk8 or approve changes within the ggngns| Scope of Gan/ices in
this AGREEMENT. If such Ch@Og8o affect the ENG|NEER'e coat of or time
required for performance of the services, an equitable adjustment will be made
through an amendment 10 this AGREEMENT with appropriate CITY approval.
Article V8
General Legal Provisions
Amendments to Article V|, if anV, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT UpOO receipt of
a VV[itt8O Notice to Proceed from the CITY.
B. Reuse of Project Documents
All deGiADS. d[GxVingG. specifications, dVcUrOeD[G, and other xVO[k products of the
ENG|0EER. whether in hard copy or in electronic form, are instruments of service
for this PR[)JE[|T, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY Or by others acting through Or OO behalf of the CITY of any
such instruments Of service without the written pe[rDi8GiOD of the ENGINEER will be
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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.
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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.
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. 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
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not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11)
(2) Any award greater than $50,000, exclusive of 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, VI.D, 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.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may only be changed by a written
amendment executed by both parties. The following attachments and schedules are hereby made
a part of this AGREEMENT.
Attachment A—Scope of Services
Attachment B—Compensation
Attachment C—TxDot Special Provisions for Consultant Contracts
ATTEST: CITY OF FORT WORTH
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Gloria Pear n Bridgette arre
City Secretary Acting Assistant City Manager
APPROVED AS TO FOR /� APPROVAL RECOMMENDED
A LI (—I—) Q
\,-�l(2A
Gary Stei erger Geo ehma esh, ntenm Director
Assistant City Attorney Transportation and Public Works
ATTEST: H -ZOLLARS, INC.
Aubrey Add'ck, P.E.
Senior V' e-President
Contractt-°Auot/hor i z at i on
Date
CU
ORKNAL EONS
-14- GOTH %ECRERRY
7. �KQIPIN,WK.
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Aftachment A
SCOPE OF SERVICES
U. PROJECT DESCRIPTION AND UNDERSTANDING
The purpose of this project is to provide Public Involvement, design development and
coDatnJ{tiVD documents for the GtreetscRp8 improvements for Barry Street from Evans
Avenue to Travis Avenue. Federal Funds will be used for this project. The project
iOdUd8G Pedestrian VVe«fiOdiOg, Sidewalk Reconstruction, and LiQhitng from Evans
Avenue toGrove Street; Pedest[i8DVVaVfiDding. GidevvG|he' Lighting, Landscaping and
Irrigation from Grove Street to Jennings Avenue; and Pedestrian Wayfinding and Lighting
from Henderson Street ioTravis Avenue. The improvements may include Urban design
elements such as street trees, benches, district monuments, vvavfindiOg eigDage,
sidewalks, pedestrian lighting, vehicular lighting enhancements, landscape plantings, and
irrigation. Some of the primary goals of this project are to improve the appearance of the
street corridor, promote pedestrian activity and facilitate human activities, encourage
private investment along the corridor, facilitate later enhancements without loss of
investment, irnpn}Ve Vehicu|ar, bicycle, and pedestrian mobility and eafatv, improve
environmental conditions and aesthetics, and establish oornnnon design elements for the
CO[[idDr�
_ The scope of services is, divided into.nine major tasks including: survey / base mapping,
environmental docunnentatioO, historical reconnaissance survey and letter report,
vvuVfinding refinement and sigDage design, public invo|Vernent/ project Omea1iOgs, design
deve|opmgnt, construction docunnente, and bid phase een/ioas as detailed below in
Section ||' Section ||| 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 Berry Street project, supplemental agreement(s) will
be executed with the Engineer. Scope development and contract assumptions are
summarized in Section |V. Section V highlights services to be provided by the City of
Fort Worth.
18. SERVICES T0 BE PROVIDED BY THE ENGINEER
TASK 1.0 SURVEY/ BASE MAPPING
A. Topographic/Design.Surveying
1\ Establish horizontal and vertical control for the project based on.the
existing Right of Way along Berry Street.
Q> Provide 8 topographic survey o[ Bern/ Street from Evans Avenue to
Travis Avenue with the limits extending approximately 5 feet
beyond the existing Right of Way associated with Berry Street.
The GUn/gy Gh8|| iDo|Udg |OOadiOg all visible existing features
including, but not limited 0u, coDc[ete, property co[ne[G, power
poles, rOGOho|8a with inverts, asphalt, water va|veG, telephone
risers, trees, f8nces. curbs, buildings, LDpe and toes of slopes,
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ditches, sidewalks, driveways, lights and VVG|G within the project
area 8G described above.
3\ []e|iv8[8b|ea shall include a K8ioFostation digital file of the features
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located in the field along with 1 foot interval CoOtOUna. a Digital
Terrain Model, Bern/ Street right-of-way lines, an ASCII file with
CO0[diDEdes of points located in the field, 8 copy of the field notes
and 8h8rdcOpVof 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
Categorical Exclusion (CE) style for the project. Approximately fifteen
pages long, this document will include description of the project and
the affected environment, alternatives analysis; land use; purpose and
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need; environmental justice; section 4(f) evaluation; impacts to waters,
flood zones, and soils; cU|tuns| and resources investigation; threatened
and endangered species determination; air quality impacts; traffic
noise impacts; hazardous materials impacts; and construction impacts.
The following outline deechbea the tasks involved in each of the
sections noted above:
1. Land Use: This eaobon will discuss the current
development trends and identify growth in the area to be
impacted hv the proposed project.
2. Purpose and Need: This section will discuss the overall
purpose and need for the proposed project.'
3. Envi[VOrngDtR| Justice: This section will address potential
adverse or disproportionate impacts to minority or low-
income populations.
4. Section 4U0 Evaluation: This section will evaluate if the
project will impact pUb|iopark and recreational lands.
5. |rDpaota to Waters, Flood Zones, and Soils: This section
will address the impacts to existing Vxoten5 or wetlands, the
potential for soil 8n3GiOn, storm water impacts, and OOOd
zones within the project area.
8. Cultural and Resources Investigation: HZ| VNU coordinate
and manage an archaeological and historical structures
investigation within the proposed project impact areas to
determine the presence and type of resources that could be
impacted by construction {fthe proposed project.
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7. Threatened and Endangered Species Determination: HZI
will consult and coordinate with the pertinent Federal and
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State agencies such as the U8 Fish and Wildlife GHrVice,
and the Texas Parks and Wildlife Service to determine if
threatened or endangered species exist Or utilize habitat
within the proposed project area.
8. Air Quality Impacts: This section will address the iDlpGOto to
oVg[8|| air quality for the proposed project, and determine if
the completed project One8tG Federal and State standards
according tO the TX[}C}T Air Quality Guidelines publication.
9. Traffic Noise Impacts: This secti on will address potential
impacts i0pa � Vf the proposed project. Noise generated
during construction will also bgaddressed. In both the air
quality and noise impact sWbtasKa, it is assumed that HZ|
VVi|| have access to the latest traffic projection figUreaforLho
proposed roadway f n}D the City of Fort Worth.
10. Hazardous Materials Impacts: A physical inspection of the
project area and a review of Federal and State databases
will be conducted to determine the presence of haz - oua
materials that could impact the project.
11. Construction Impacts: A determination will be made for the
short term adverse impacts during the construction phase,
such as soil erosion, construction noise, runoff' duet, and
traffic disruptions.
Upon completion of the outlined topics, the Draft Categorical Exclusion
Document will be submitted to the City of Fort Worth, TxDOT and other
appropriate agencies as required for review.
A categorical exclusion is expected for this project therefore e,fiDding
VfOo significant impacts will not be acquired and is not considered aG
part ofthese services.
This scope of services includes a Draft Categorical Exclusion
Document and the submission of the document to the FgGpectiVa
agencies for review and comments. Upon receipt of the comments
and required revisions, the Engineer will address the conn0gn[8 and
provide the City with a Final Categorical Exclusion document.
B. ARCHAEOLOGICAL SURVEY
The Engineer will provide an archaeological survey for the project e[ea8S
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part Vf the required environmental assessment.
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TASK 3.0 HISTORICAL RECONNAISSANCE SURVEY AND LETTER REPORT
A. Historical Reconnaissance Survey and Letter Report
The built environment along Berry Street within the project area will
be surveyed for historical significance. The survey will investigate
only those structures that abut the proposed sidewalk and other
improvements on both sides of Berry Street. The letter report will
include photos of all buildings, sites, and structures that were
constructed before 1955. The report will also include conclusions
about National Register eligibility for either single building, a
historic district or a historic'landscape. Further recommendations
will be made part of the report as to determine if further research
will be necessary to judge National Register eligibility.
TASK 4.0 GEOTECHNICAL INVESTIGATION AND SOILS REPORT
The Engineer will prepare and provide a geotechnical investigation and
soils report for the project. The soils report will contain the necessary
recommendations for the needed structural applications for the project.
TASK 5.0 WAYFINDING REFINEMENT AND SIGNAGE DESIGN
The Engineer will review the wayfinding study for the project, and
make suggestions on the refinement of the design, location and size of
new signage needed to direct visitors. The proposed signage
concepts will be incorporated into hand drawn exhibits and presented
to the Berry Street design committee for input and consensus prior to
being further developed and included in the construction document
package.
TASK 6.0 PUBLIC INVOLVEMENT/ PROJECT MEETINGS
A. Meetings
1. Workgroup Committee Meetings
The Engineer will conduct five (5) workgroup committee meetings
to gather input and refine the direction for the project. The
workgroup committee is to be comprised of City staff and the Berry
Street Advisory Committee members. Meetings are to be timed at
a regular interval consisting of one meeting per month. The
Engineer will prepare meeting displays and conduct the technical
presentation at the meetings, record minutes for the meetings, and
prepare necessary written responses to questions received at the
meetings.
2. Public Meeting
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The Engineer will conduct One /1\ DUb|iC meeting near the
completion of the final design. The City will be responsible for
advertising the meeting and informing stakeholders of the meeting.
` The meeting will be documented with flip chart O[tes, and
photographs.
The Engineer will provide displays to cOOVeV the proposed
|nlpn]V8[O8nis' 8OhedU|gG' vxaVfiDdiOg features, and opinions of
probable construction costs @1 public meetings.
The Engineer will 'prepare meeting diGp|oVa and 'conduct the
technical presentation at the meeting, record minutes for the
Dleeting. and prepare necessary written responses to questions
received @t the meeting.
3. City Staff Meetings
The Engineer will conduct approximately ten /10\ City Staff
meetings during the course of the project. The meetings will be
with the City's Project K8aOaQer. andotherCitvatafftorepo[tOnthe
progress for the project. A written progress report. will be
presented, together with evidence nf the work accomplished during
the period since the previous report. All prVgreoa reports and
invoices shall indicate the percentage of completion for each task.
4. Other Meetings
The Engineer will meet with b| aiOgea owners, property owners,
and City Council as appropriate in the design process.
TASK 7.O DESIGN DEVELOPMENT
A. Design Development Alternative� P|ana
Based upon information gathered during Tasks 1 through 4. the
Engineer will prepare a maximum of two (2) design development
alternative p|gO8 for the project that will refine the existing schematic
designs for the project in an effort to provide a design that will not
exceed the available construction funds available for the project. Each
of the design development alternative p|@De will have an
accompanying family of furnishings reflecting 8 unique yet u0rnpe1ib|e
architectural style. The design development alternative plans will be
accompanied byasigOGge and VV@Vfinding exhibit identifying possible
locations and styles for the sigDage system consistent with each ofthe
alternatives. The design development alternative plans will also
illustrate alternatives tothe lighting, handGCape amenities, and planting
treatments. The design development alternative plans may be hand
drawn, rendered exhibits for presentation, discussion, and review
purposes only.
B. Opinions of Probable Construction Costs
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! The Engineer will prepare opinions Of probable construction costs
associated with each of the two (2) design deV8|oprDgOt alternative
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plans for the project.
C. TXD{}TC0OrdinahOO
The Engineer will coordinate with TxD{]T during the course Of the
project. The improvements will b8 submitted toTXC)OT for review and
consideration prior to beginning work oO the construction documents.
O. Fort Worth Transportation Authority / Coordination:
The Engineer will forward the two (2) alternative p|uOG for the project to
FWTAfo[ review and comments to insure that the final project
incorporates all FVVTAissues.
E Final Design Development P|@O
Based upon information gathered frorn the enxi[DDrneDta|
|DveotigotioDs, and public iDVOk/ernant phases, and with direction
received bas ed VpDO the two design development plan alternatives,
the Engineer will prepare one final design development plan for the
project which will be referred to as the "preferred alternative"
schematic. The preferred alternative will have @ family of furnishings
and vvavfiOdinQ system reflecting a unique architectural aiv|e. {]Oou
approved by the Berry Street Advisory Committee, the preferred
alternative enhgrnabo will een/a as the basis upon which the
construction documents will be developed. The preferred alternative
schematic will be a hand drawn, rendered exhibit for prasentatioD,
discussion, and review purposes only.
. F. Opinion of Probable Construction Cost
The Engineer will prepare 8O updated opinion of probable construction
' coats associated with the improvements depicted on the preferred
alternative achematic^ This opinion Of probable construction costs will
servo as the benchmark for the construction budget associated with
the construction document package.
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TASK 8.0 CONSTRUCTION DOCUMENTS
A. Detailed Design
The Engineer will provide detailed design for the following aspects of
.the project:
1) Utility Design
a) Water connections for the irrigation
2) Demolition Plan
3) Pavement Design
a) Sidewalk details
b) Special paving patterning
c) Paver inset details
d) Pedestrian ramp details
e) Tree grate collar details if applicable
4) Site grading
a) Top of curb elevations
b) Sidewalk spot grades
c) ADA access ramps
5) District Markers
a) District marker locations and design
6) Signage and Wayfinding
a) Signage location and layout
b) Signage style and format
7) Lighting
a) Vehicular lighting layout
b) Pedestrian lighting layout
c) Lighting conduit layout
d) Electrical schedules
e) Fixture selections
f) Lighting pole selections
g) Lighting pole foundations
8) Landscape Planting
a) Tree layout
b) Planting beds
c) Tree grate details if applicable
d) Planting details
9) Irrigation System
a) Head layout
b) Piping layout
c) Valve layout and system zoning
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d) Controller layout
e) Meter and connection details
f) Backflow prevention details
g) Irrigation equipment details
10).Construction Sequence and Traffic Control
a) Narrative
b) Construction phase layouts
c) Traffic control details
11) Furniture System
a) Bench layout
b) Trash receptacle layout
c) Furniture 'Connection and foundation details
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
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) Storm Water Pollution Prevention Plan
6) Layout and Dimensioning Plans/ Paving Plans
7) Paving Details
8) Site Utilities/Water Plan
9) Sequence of Construction Narrative
10) Traffic Control Layouts
11) Signage Plan
12) Signage Details
13) Site lighting Plan
14) Electrical Schedules and Details
15) Planting Plans
16) Planting Details
17) Irrigation Plans
18) Irrigation Details
19) Furniture Plan and Schedule
20) Specification Booklet
21) Project Meeting Notes
22) Construction General Notes
The Engineer will submit the construction document package at 50%,
90%, and 100% completion to the City of Fort Worth f'or review and
comment. Along with each submission, the opinion of probable
construction costs will be updated based upon any necessary
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modifications to the design of the project. At the ooOdU8|OD of the
Construction Document Phase, the Engineer will provide the City Of
Fort Worth VVithth8following:
1> K8iOrOsta1oO digital copies of all CoOsinJoboO [)[aVYDga
2\ Project Technical {]pecificatiODo on bond paper
3\ Project Technical GpeCdjcetiODG in Microsoft VVO[d format, (Office
97 version or later) digital copies '
4\ Bond COpi8a 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 E]ocUnnenL Packages at 100%
completion.
C. TC)LR Submission
Upon cnrnp|e1kzn Of the construction documents, the Engineer will
submit the package to Texas Department of Licensing and Regulation
(TDLR) for Americans with Disabilities Act /AC>A\ review.
D. GaoteChnioo| Soils Investigation and Report
The Engineer will provide u geotechDic@| soils report for use in the
design of the improvements for the project. The geotechnical soils
report will include rDU|tip|8 borings at key lOC8tiOOS 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 eyetenna and necessary soil modifications for the
project.
TASK 9.0 BID PHASE
A. Pre-bid Meeting
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One representative. the Engineer will attend and/o[ conduct the
' pre-bid meeting as required by the City of Fort Worth.
B. Addendum
[}Uhng 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 yeoonJ the construction bids submitted for the project.
O. Bid Tabulation
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Upon completion of the bid-opening meeting, the Engineer will prepare
aspreadGheet to tabulate the bids for the project.
E Contractor References and Recommendation.
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Upon completion of the bid tabulation, the Engineer will cG|| the
references submitted by the contractors submitting the two lowest bids
to establish a qualified bidder for the project. Based Upon the
verification of 8 qualified bidder on the project, the Engineer will draft a .
letter to the City of Fort Worth recommending the uVvand Of the
construction contract.
UUU. ADDITIONAL SERVICES
A. Construction Administration Gan/k:eu
B. Field Staking of Proposed Improvements
C. Traffic Studies that involve forecasting pedestrian and vehicular traffic.
IV. ASSUMPTIONS
A. This scope of services is limited to the meetings and.presentations
described herein. All other meetings or presentations requested bvthe
City staff will be considered additional services.
B. This scope [f services assumes that upon approval Of the final design
development plan (preferred alternative) for the project, additional
design concepts and related re-deoign 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
. 8UbnnieaioOa requested Or required by the City of Fort Worth will be
considered additional services.
` D. The electrical engineering scope for the project @Geunles the following:
1. The design team will design the lighting enhancements for the
project using the existing pole locations and circuits.
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2. The electrical team will mot attend the Berry Street Advisory
Committee meetings.
3. The electrical engineer for the' project vi|l attend one meeting
with city staff per phase.
4. There will be no electrical design or power provided for signal
lighting, and the design for any SigD8|G are not a part of this
scope {fservices.
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E Should the City of Fort Worth decide to request additional services
beyond the scope @s defined within this document, HUitt-ZoU8ya. Inc.
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will negotiate the additional fees with the City of Fort Worth Staff based
upon the effort involved iD completing said additional services.
V. SERVICES T0 BE PROVIDED BY THE CITY
The uNioVV0rka Department or P|RDOiDg Department will provide
upon request tothe consultant:
A. Available street maps which illustrate u3hOUa improvements in the
area.
B. Assistance in retrieving as-built drawings of various City infrastructure
items, i.e. vxate[, sanitary sewer, d[ainage, 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.
F. Aerial photographs as available form the North Texas Consortium.
G. 1998 Tarrant Appraisal |0tand block maps.
H. Coordinate project approval with the City of Fort Worth.
|. 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 aenecessary.
M. Provide public addressing (PA) sound systems for public meetings. '
N. Provide postage for and handle the preparation, oontent, and mailings
Of project iOfo[08iiOOtOg8O8rGl public.
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Attachment B
COMPENSATION
The Engineer shall be compensated a total lump sum fee 0f $166,610 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 Gh8|| submit monthly invoices to the City for all VVO[k performed Under this
agreement set forth in Article |||' Tg[mOG Of Payment. The rDODth|y iOvOiC8G 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.
The following iea list of all {f the firms and their fees in the contract:
TASK Team Member FEE
Special Services
Public Involvement Huitt-Zollars $9,070
ion
Survey ssp
12pqq.��p�icSurvev/ R.O.W. $33,000
Wayfinding Refinement/Schematic Huitt-Zollars $2,250
A. Environmental Assessment $25,800
B. Archaeological Survey $2,500
Historical Survey/ Letter Report Sue Winton Moss $3,500
Construction Documents
Schematic Design Huitt-Zollars $10,140
eo nical Investigation $3,550
Bid Phase Huitt-Zollars $2,000
Reimbursable Expenses $3,000
TOTAL $166,610
27.87%
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Attachment B
COMPENSATION
(MM/BE Overview)
The following is a list of M/WBE firms and their fees in the Berry Street contract:
TASK Team Member FEE
Public Involvement National Service Research $3,800
................ ....................................................................... ...............................I................................................ ......................................................................................I........................................
Survey Gorrondona &Associates $33,000
........................................................................................................................................................................................................................................................................................................................
Irrigation Design Leonard Technical Services $7,650
............................................................................................................................. ............... ......................................................- ..............................................I........................................
Reproduction Hugo Trevino Reproduction: 1 $2,000
TOTAL M/WBE $46,450
TOTAL CONTRACT AMOUNT $166,610
% M/WBE of total contract 27.87%
ATTACHMENT C
SPECIAL PROVISIONS FOR CONSULTANT CONTRACTS
• Changes of Work: The Consultant shall make such revisions in the work
included in this contract which has been completed as are necessary to correct
errors appearing therein when required to do so by the City without undue delays
and additional cost to the City.
If the City finds it necessary to request changes to previously satisfactorily
completed work or parts thereof, the Consultant shall make such revisions if
requested and as directed by the City. This will be considered as additional work
and paid for as specified under Additional Work.
• Additional Work: Work not specifically described under "Scope of Services"
must be approved by supplemental agreement to this contract by the City before
it is undertaken by the Consultant. If the Consultant is of the opinion that any
work the Consultant has been directed to perform is beyond the scope of this
agreement and constitutes extra work, the Consultant shall promptly notify the
City.in writing.
In the- event the City finds that such work does constitute extra work, then the
City shall so advise the Consultant, in writing,' and shall provide extra
compensation to the Consultant for doing this work on the same basis as
covered under Compensation and as provided under a supplemental agreement
and performed by the Consultant. Any contract modification shall have TxDOT
approval prior to beginning the additional work.
• Retention, Availability of Records and Audit Requirements: The City shall have
the exclusive right to examine the books and records of the Consultant at the
time of contract termination. The Consultant shall maintain all books,
documents, papers, accounting records and other evidence pertaining to cost
incurred and shall make such materials available at its office during,the contract
period and for four (4) years from the date of final payment under this contract or
until pending litigation has been completely and fully resolved, whichever occurs
last. The City or any of its duly authorized representatives, the Texas
Department of Transportation, the Federal Highway Administration, the United
States' Department of Transportation Office or Inspector General and the
Comptroller General shall have access to any and all books, documents, papers
and records of the Consultant which are directly pertinent to this contract for the
purpose of making audits, examinations, excerpts and transcriptions.
• Cost principals must be based on the provisions of 48 CFR Chapter 1, Part 31
Federal Acquisition Regulation (FAR 31).
• DBE Percentage Goal: The percentage goal for Disadvantaged Business
Enterprise participation in the work to be performed under this contract is zero
(0%) of the contract amount.
City of Fort North, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **C-1 9079 20HUITT 1 of 3
SUBJECT EXECUTE AN ENGINEERING CONTRACT WITH HUITT-ZOLLARS,'INC. FOR BERRY
STREET SURFACE TRANSPORTATION ENHANCEMENT PROJECT FROM EVANS
AVENUE TO 6TH AVENUE
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering contract
with Huitt-Zollars, Inc. for Berry Street Surface Transportation Enhancement project from Evans Avenue
to 6th Avenue in the amount of$166,610.
DISCUSSION:
The City allocated $1,500,000 in the 1998 Capital Improvements Program (CIP) for Berry Street Urban
Design from Evans Avenue to University Drive. In June 2000, the City Council approved the Berry
Street Redevelopment Concept Plan and authorized preliminary design.
The Berry Street Redevelopment Concept Plan divided Berry Street into four districts, as follows:
DISTRICT FROM TO
Gateway District Evans Avenue Grove Street
Parks District Grove Street Hemphill Street
Residential District Hemphill Street 6th Avenue
University District 6th Avenue University Drive
This Mayor and Council Communication (M&C) is for the preparation of construction documents for
priority projects for the Gateway, Parks, and Residential Districts.
City staff will be coming back to the City Council with a separate M&C for the construction documents
for a pilot project in the University District when preliminary design plans are complete.
On September 19, 2000 (M&C G-13014), the City Council adopted Resolution No. 2673 approving a
Local Transportation Project Advance Funding Agreement (LPTAFA) with the Texas Department of
Transportation (TxDOT) for receipt of Statewide Transportation Enhancement Program (STEP) funds
for Berry Street from Evans Avenue to 6th Avenue (Gateway, Parks, and Residential Districts). This
agreement provided $892,080 of STEP funds with a City contribution of $382,320 from 1998 CIP urban
design funds.
City of.F'or't Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **C-19079 20HUITT 2 of 3
SUBJECT EXECUTE AN ENGINEERING CONTRACT WITH HUITT-ZOLLARS, INC. FOR BERRY
STREET SURFACE TRANSPORTATION ENHANCEMENT PROJECT FROM EVANS
AVENUE TO 6TH AVENUE
The Transportation and Public Works Department received Statements of Qualifications from three
firms for the Berry Street Streetscape Design from Evans Avenue to 6th Avenue. Huitt-Zollars, Inc. was
selected by the City based on their professional qualifications, experience of the project manager and
project team, project management capabilities, familiarity with applicable rules and regulations, ability to
meet schedules, and cost control.
The proposed contract with Huitt-Zollars, Inc. in the amount of $166,610 will include the preparation of
engineering plans and construction documents for the following items:
® Environmental assessment in accordance with TxDOT guidelines necessary for obtaining a
categorical exclusion; and
® Meetings with the public, businesses, property owners, Berry Street Advisory Committee,
TxDOT, City staff, and the City Council; and
6 Sidewalk reconstruction, pedestrian wayfinding, and lighting in the Berry Street Gateway District
from Evans Avenue to Grove Street; and
® Sidewalks, pedestrian wayfinding, lighting, landscaping, and irrigation in the Berry Street Park
District from Grove Street to Hemphill Street; and
® Pedestrian wayfinding and lighting in the Berry Street Residential District from Hemphill Street
to 6th Avenue.
The anticipated design completion date and submission of plans to TxDOT for review is September
2002. The project's anticipated advertisement date is March 2003, with construction completion in
December 2003.
M/WBE - Huitt-Zollars, Inc. is in compliance with the City's M/WBE Ordinance by committing to 28%
M/WBE participation. The City's goal on this project is 27%.
This project is located in COUNCIL DISTRICTS 8 and 9.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/14/02 **C_1 9079 20HUITT 3 of 3
SUBJECT EXECUTE AN ENGINEERING CONTRACT WITH HUITT-ZOLLARS, INC. FOR BERRY
STREET SURFACE TRANSPORTATION ENHANCEMENT PROJECT FROM EVANS
AVENUE TO 6TH AVENUE
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Street Improvements Fund.
BG:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett/Acting 6140
Originating Department Head:
Hugo Malanga 7801 (from) APPROVED 05/14/02
C115 531200 020115023226 $166,610.00
Additional Information Contact:
Hugo Malanga 7101