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HomeMy WebLinkAboutContract 29323 CITY SI=CRETAFt,, CONTRACT No. 0��B CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and HNTB Corporation, (the "ENGINEER"), for a PROJECT generally described as: Engineering services for pavement reconstruction and water and sanitary sewer reconstruction on Malcolm Street (Craig Street to Lancaster Avenue) and Haynie Street (Craig Street to Lancaster Avenue 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 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. ENGINEERING AGREEMENT T � ��p� t�' Malcolm Street and Haynie Street C Q� tltl Lf p Page 1 of 15 , �o"OuNt a (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 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. 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. The CITY shall furnish such surveys, tests, and investigations, 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 ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 2 of 15 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. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on- site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on-site observation(s), on the basis of such on-site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 3 of 15 (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 of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) participation . In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the City has goals for the participation of minority business enterprises and ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 4 of 15 woman business enterprises in City contracts. Engineer acknowledges the MANBE 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 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 photo copy such documents as may be requested by the CITY. 'rhe 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 that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 5 of 15 $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 $2,000,000 aggregate The retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims- made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and five (5) years following completion of the service provided under the contractual agreement. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. (2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. (a) Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance coverages specified according to items 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 ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 6 of 15 insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. (e) The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for worker's compensation, all insurers must have a minimum rating of A: VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (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. (1) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless such are approved by the CITY. Q) The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the ENGINEER for a minimum five (5) 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. (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 ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 7 of 15 insurance coverage as required for the ENGINEER. When subconsultants maintain insurance coverage, 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 cities. 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 ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 8 of 15 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 written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 9 of 15 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 rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 10 of 15 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 11 of 15 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 with 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. ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 12 of 15 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. The term "Parties" mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 13 of 15 Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). (2) Any award greater than $50,000, exclusive of 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., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. M. Negotiated Agreement. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E— Location Map ATTEST: CITY OF FORT WORTH 1 By 44) I )IorA Pearson Marc A. O City Secretary Assistant 6ty Manager APPROVAL RECOMMENDED A. Douglas Rademaker, P.E. Director, Engineering Department APPROVED AS TO FORM AND LEGALITY HNTB Corporation Benjamin J. Biller, PE, Vice President ENGINEER By: iln. t Assistant City Attorney njami . Biller, ENGINEERING AGREEMENT Malcolm Street and Haynie Street Page 15 of 15 ;r�1}f 4 ' ix ATTACHMENT "A" GENERAL SCOPE OF SERVICES Malcolm Street and Haynie Street (From Craig Street to Lancaster Avenue) "Scope of Services set forth herein can only be modified by additions, clarifications, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." A. GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnical Investigations The Engineer shall advise the City of test .horings, aiid other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordi- nating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities - i - If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineer's own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materi- als shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. - 2 - 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. - 3 - PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Prebid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. - 4 - 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. B. TECHNICAL SCOPE OF SERVICES The Engineer shall provide plans, specifications and estimates for the pavement, water and sanitary sewer reconstruction of Malcolm Street and Haynie Street from Craig Street to Lancaster Avenue. to Craig Street. The existing streets are parallel to each other have asphaltic pavement, curb and gutter, non-continuous sidewalks, and no drainage facilities. The proposed services include the following: 1. Paving Improvements: • Prepare construction plans and technical specifications to reconstruct Malcolm Street and Haynie Street from Lancaster Avenue to Craig Street to current standards using asphaltic pavement and curb and gutter as base design and concrete pavement and monolithic curb as a bid alternate. • Construction may be required where Craig Street intersects Malcolm Street and Haynie Street. However, the construction will not include Lancaster Avenue or encroach its right-of-way since it is a TxDOT facility. • Where there are exiting sidewalks, Engineer will replace deteriorated or missing sidewalks and provide handicap ramps at street intersections. • Valley gutters will be provided on asphaltic pavement. • Traffic Control Plans will be provided. • Storm water Pollution Prevention Plan will be provided. • No seeding or sodding will be required. 2. Water Line Improvements: • Prepare construction plans and technical specifications for the replacement of approximately 1,000 LF of 6" water on Haynie Street with 8" water line. - 5 - • The City desires to leave approximately 1,400 LF of an existing 6" water line in place since it is relatively new. 3. Wastewater Line Improvements: • Prepare construction plans and technical specifications for the replacement of approximately 475 LF of L-3321 and 230 LF of L-3156 on Haynie Street. • Prepare construction plans and technical specifications for the replacement of approximately 620 LF of L-3321 and 200 LF of L-3023 on Malcolm Street. 4. Drainage Study • Engineer will conduct a drainage study of the project area to determine if any additional drainage facilities are required on the project. The Drainage study will consist of Engineer researching the project area by utilizing City records, plans, and existing studies performed in the area. No additional survey will be required outside of the design survey provided for the paving and water/wastewater improvements. If City determines more survey is needed to conduct the drainage analysis, an amendment to the contract shall be negotiated. If the City determines that drainage facilities are needed in the project area and are to be designed by Engineer, a contract amendment will be negotiated to compensate the Engineer. 5. Others: • The City will provide Engineer with soil information and recommendations for pavement and base thickness. • The City will handle coordination with utility companies. • Engineer is required to attend two meetings with Streets Department. - 6 - ATTACHMENT "B" COMPENSATION Malcolm Street and Haynie Street (Craig Street to Lancaster Avenue) A. The Engineer shall be compensated a total lump sum fee of$114,863.77 as summarized in Exhibit "B-3B". Payment of the total lump sum fee shall be considered fill compensation for the services described in Attachment "A" for all labor materials, supplies, and equipment necessary to complete the project. B. The Engineers shall be paid in four partial payments as described in Exhibit "B-1" upon receipt of eight individual invoices from the Engineer. In this regard, the Engineer shall submit invoices for eight partial payments as described in Exhibit "B-1", Section 1 — Method of Payment. - 1 - EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") METHOD OF PAYMENT Malcolm Street & Haynie Street (Craig to Lancaster ) I. Method of Payment The Engineer shall be paid in four partial payments as outline below: The ENGINEER shall be paid in a total of four partial payments upon receipt of two (2) individual invoices for each partial pay request from the ENGINEER. The two individual invoices shall consist of one invoice for paving and storm drainage design fee (T&PW invoice) and one for water and sanitary sewer design fee (Water Department invoice). Partial Payment Number 1, which shall be equivalent to 40% of the total lump sum fee, shall be payable after City approval of Attachment A, Phase 1, Section 10, Plans. Partial Payment Number 2, which shall be equivalent to 75% of the total lump sum fee, less previous payments, shall be payable after City approval of Attachment A, Phase 2, Section 12, Preliminary Construction Plans and Technical Specifications. Partial Payment Number 3, which shall be equivalent to 95% of the total lump sum fee, less previous payments, shall be payable after City approval of Attachment A, Phase 3, Section 16, Final Approved Construction Plans. Partial Payment Number 4, which shall represent the balance of earnings, less previous payments, shall be payable after Pre-Construction Meetings for the Project have been conducted. II. Progress Reports The Engineer shall submit to the designated representative of Director of Department of Engineering monthly progress reports covering all phases of design by the 15`h of every month in the format required by the City. If the Engineer determines in the course of making design drawings and specifications that the construction cost estimate of $911,145.00 (as estimated on Exhibit B-4) will be exceeded, whether by change in the scope of the project, increased costs or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by Director of the Engineering Department, shall suspend all work hereunder. - 2 - EXHIBIT B-2 (SUPPLEMENT TO ATTACHMENT B) HOURLY RATE SCHEDULE Malcolm Street & Haynie Street (Craig to Lancaster) Employee Classification Rate/Hour Principal $195.00 Senior Project Manager (PM) $164.00 Senior Engineer/QA-QC $135.00 Project Engineer (PE) $90.00 CARD Tech (CT) $60.00 Clerical $37.00 Reimbursable Cost+ 10% Mileage $0.360 Per Mile Reproduction work will be at current commercial rates. Subcontractors will be paid for at actual invoice cost plus ten percent (10%). - 3 - EXHIBIT B-3A (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES Malcolm Street & Haynie Street(Craig to Lancaster) Exhibit Exhibit Scone of Services Total Fee M/WBE B-3B Paving Improvements $75,636.83 $13,872.09 18.3 B-3B Sanitary Sewer Design $21,433.70 $6,845.00 31.9 13-3B Water Design $17,793.24 $6,845.00 38.5 TOTAL $114,863.77 $27,562.09 24.0 % of Proposed Consultants Services Fees Total Fee HTiT13 Corporation (Prime) General Design $87,301.68 76.0 Gorrondona& Associates (MBE Sub) Surveying $24,782.09 21.6 Hugo C. Trevino & Associates (MBE Sub) Reproduction $2,780.00 2.4 TOTAL $114,863.77 100.00 - 4 - EXHIBIT B-313 (SUPPLEMENT TO ATTACHMENT B) FEE SUMMARY Malcolm Street & Haynie Street (Craig to Lancaster) ***WATER*** OPINION OF PROBABLE CONSTRUCTION COSTS S 108,577.25 CURVE "B" 6.3% X 0.85 = 5.36% ENGINEERING DESIGN $5,819.74 SURVEY (4,100 LF @ $1.5/LF) $6,150.00 REPRODUCTION $695.00 MAIL/FEDEX SERVICES $100.00 ADDITIONAL SERVICES $4,344.00 TOTAL WATER FEE $17,108.74 10%FOR SUB ($6,845.00) $684.50 TOTAL FEE $17,793.24 ***SANITARY SEWER*** OPINION OF PROBABLE CONSTRUCTION COSTS $176,496.25 CURVE "B" 6.3%X 0.85 = 5.36% ENGINEERING DESIGN $9,460.20 SURVEY (4,100 LF @ $1.5 0/1,F) $6,150.00 REPRODUCTION $695.00 MAIL/FEDEX SERVICES $100.00 ADDITIONAL SERVICES $4,344.00 TOTAL SEWER FEE $20,749.20 10%FOR SUB ($6,845.00) $684.50 TOTAL FEE $21,433.70 - 5 - ***PAVING*** OPINION OF PROBABLE CONSTRUCTION COSTS $626,071.50 CURVE "B" 6.3% X 0.85 = 5.36% ENGINEERING DESIGN $33,557.43 SURVEY (4,100 LF @ $2.50/LF) $10,250.00 REPRODUCTION $1,390.00 MAIL/FEDEX SERVICES $332.10 ADDITIONAL SERVICES $28,720.09 TOTAL PAVING FEE $74,249.62 10% FOR SUB ($13,872.09) $1,387.21 TOTAL FEE $75,636.83 **-'TOTAL DESIGN COST (WATER, SEWER, AND PAVING)*** WATER DESIGN FEE $17,793.24 SEWER DESIGN FEE $21,433.70 PAVING DESIGN FEE $75,636.83 GRAND TOTAL $114,863.77 - 6 - EXHIBIT B-3C SURVEY, REPRODUCTION, & ADDITIONAL SERVICES Malcolm Street & Haynie Street (Craig to Lancaster) WATER DESIGN SURVEY FEE (4,100 LF @ $1.50/LF) TOTAL = $6,150 REPRODUCTION FEE TOTAL = $695 79 Sets of Plans (79 sets x $5/set) =$395 60 Sets of Specs (60 sets x $5/set) = $300 ADDITIONAL SERVICES FEE TOTAL=$4,344 Public Meeting (2 hrs. PM x $164/hr PM) = $328 (2 hrs. PE x $90/hr PE) = $180 Mounted Exhibit (Lump Sum) = $500 Pre-con Meeting (1.5 hrs. PM x $164/hr PM) = $246 Construction Phase (3 hrs. PM x $164/hr PM) = $492 (3 hrs. PE x $90/hr PE) = $270 Final Inspection (2 hrs. PM x $164/hr PM) = $328 SW3P (Lump Sum) = $1,000 Traffic Control (Lump Sum) = $1,000 SANITARY SEWER DESIGN SURVEY FEE (4,100 LF @ $1.50/LF) TOTAL= $6,150 REPRODUCTION FEE TOTAL = $695 79 Sets of Plans (79 sets x $5/set) =$395 60 Sets of Specs (60 sets x $5/set) = $300 ADDITIONAL SERVICES FEE TOTAL= $4,344 Public Meeting (2 hrs. PM x $164/hr PM) = $328 (2 hrs. PE x $90/hr PE) = $180 Mounted Exhibit (Lump Sum) = $500 Pre-con Meeting (1.5 hrs. PM x $164/hr PM) = $246 Construction Phase (3 hrs. PM x $164/hr PM) = $492 (3 hrs. PE x $90/hr PE) = $270 Final Inspection (2 hrs. PM x $164/hr PM) = $328 SW3P (Lump Sum) = $1,000 Traffic Control (Lump Sum) =$1,000 - 7 - PAVIN DESIGN SURVEY FEE (4,100 LF @ $2.50/LF) TOTAL = $10,250 REPRODUCTION FEE TOTAL = $1,390 79 Sets of Plans (79 sets x $10/set) _ $790 60 Sets of Specs (60 sets x $10/set) _ $600 ADDITIONAL SERVICES FEE TOTAL= $28,720.09 Public Meeting (6 hrs. PM x $164/hr PM) _ $984 (6 hrs. PE x $90/1-ir PE) _ $540 Mounted Exhibit (Lump Sum) _ $500 Pre-con Meeting Q hrs. PM x $164/hr PM) _ $492 Construction Phase (20 hrs. PM x $164/hr PM) _ $3,280 (20 hrs. PE x $90/hr PE) _ $1,800 Final Inspection (6 hrs. PM x $164/hr PM) _ $984 Easement weeds (4 hrs. PM x $164/hr PM) _ $656 (12 hrs. PE x $90/hr PE) _ $1,080 TxDOT Permit (8 hrs. PM x $164/hr PM) _ $1,312 (16 hrs. PE x $90/hr PE) _ $1,440 Drainage Study (30 hrs. PM x $164/hr PM) _ $4,920 (50 hrs. PE x $90/hr PE) _ $4,500 Additional Survey (Lump Sum) _ $2,232.09 SW3P (Lump Sum) _ $2,000 Traffic Control (Lump Sum) _ $2,000 - 8 - EXHIBIT B-4 OPINION OF PROBABLE COST SUMMARY Malcolm Street & Haynie Street (Craig to Lancaster) Malcolm Street & Haynie Street (Craig to Lancaster) Water $108,577.25 Sewer $176,496.25 Paving $626,071.50 Total Water &, Sewer $285,073.50 Total Paving $626,071.50 Grand Total $911,145.00 - 9 - ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES Malcolm Street and Haynie Street (Craig Street to Lancaster Avenue) Article IV.N.1 is amended to state: 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. However, CONSULTANT shall have no duty to discover or detect the presence of hazardous materials or conditions However, CONSULTANT shall have no duty to discover or detect the presence of hazardous materials or conditions. - 1 - ATTACHMENT "D" SCHEDULE Malcolm Street and Haynie Street (Craig Street to Lancaster Avenue) The ENGINEER shall complete the work within 150 calendar days from Notice to Proceed and work with the City to develop a detailed schedule that would support the City's planned letting of the project in April 2004. The City shall provide the ENGINEER its review comments within 21 days from the receipt of submittal documents. - 1 - ATTACHMENT "E" LOCATION MAP Malcolm Street and Haynie Street (Craig Street to Lancaster Avenue) b4-39. -� v 1„�-__ '_°._� r `'''rff / s I s �g x s •t�” ' ..�1""'__r F=a �1 T[ nA_ .__..r� •--t-.4klt 51 Y.V 9^ .ti+•_�,6•Jt _"- `.•+% 1.3..' re.�i ; 1r _ � I i :�v 1 /,� y, Q , -�-•moi-� 66 �-I '. 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JQ.p 3, ,D�i ,.�: �J' , IMPROVEMENTS PROJECT cs•]r t t r I LOCATION MAP .2 267 H- 246 v i ?>.> ' ti•-]z MALCOLM L HATNIE (CRAIG TO LAW-ASTER) ((��//'' MAPSCO PG• 90J COINCIL DISTRICT. 5� N v ' 3 E Gl 2•a6E z" - 3 22 n.rrTn CtmpvYrr u 2384-38e - 1 - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/21/2003 DATE: Tuesday, October 21 , 2003 LOG NAME: 30HNTB REFERENCE NO.: **C-19818 SUBJECT: Engineering Agreement with HNTB Corporation for Pavement Reconstruction and Water and Sanitary Sewer Reconstruction on Malcolm Street (Craig Street to Lancaster Avenue) and Haynie Street (Craig Street to Lancaster Avenue) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with HNTB Corporation in the amount of $114,863.77 for the design of pavement reconstruction and water and sanitary sewer replacements on Malcolm Street from Craig Street to Lancaster Avenue, and on Haynie Street from Craig Street to Lancaster Avenue. DISCUSSION: Community Development Block Grant (CDBG) street reconstruction funds are available for the reconstruction of Malcolm Street from Craig Street to Lancaster Avenue, and Haynie Street from Craig Street to Lancaster Avenue. These streets are part of the Handley Model Block reconstruction project located in the Meadowbrook Neighborhood. The deteriorated water and sanitary sewer lines on both Malcolm Street and Haynie Street will also be replaced. HNTB Corporation proposes to perform the design work for a lump sum fee of$114,863.77. Staff considers this to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $2,500.00 is required for water project management by the Engineering Department. HNTB Corporation is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE participation. The City's goal on this project is 24%. This project is located in COUNCIL DISTRICT 5, Mapsco 80J. FISCAL INFORMATIONXERTIFICATION: The Finance Director certifies that funds are availble in the current capital budgets, as appropriated, of the Water and Sewer Capital Project Fund and the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PW53 531200 060530177800 $18.215.09 PS58 531200 070580176130 $21,855.55 GR76 539120 005206771810 $74.793.13 Loename: 3014NTR PaoP 1 of� Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Pana 7 nf'�