Loading...
DESIGN GROUP III AIRCRAFT HANGAR ".: ...-:.., TASK AMENDMENT 1A TO AGREEMENT FOR ENGINEERING SERVICES This Task Amendment 1A to Agreement for Engineering Services is task specific amendment to Agreement for Engineering Services between the City of Clearwater, Florida (Owner) and HNTB Corporation (Engineer) for "On-Call General Consultant Services" dated October 1, 2001 for Professional Services identified in Amendment 1A - Attachment A, Scope of Services. Except for the following exceptions, Task Amendment 1A will comply with requirements of Agreement for Engineering Services between the City of Clearwater, Florida (Owner) and HNTB Corporation (Engineer) dated October 1, 2001 for Engineering Services. ARTICLE 1 - EFFECTIVE DATE The effective date of Task Amendment 1A will be June 25, 2002. ARTICLE 3 - SCOPE OF SERVICES Architect/Engineer will provide Professional Services described in Task Amendment 1A - Attachment lA-A, SCOPE OF SERVICES. ARTICLE 4 - SCHEDULE Architect/Engineer will exercise reasonable efforts to perform the Services described in Task Amendment 1A - Attachment A according to the schedule set forth in Task Amendment 1A - Attachment 1A-B, SCHEDULE. ARTICLE 5 - COMPENSATION Owner will pay Architect/Engineer Lump Sum amounts in accordance with Task Amendment 1A - Attachment lA-C, COMPENSATION. ARTICLE 6 - OWNER'S RESPONSIBILITIES Owner to be responsible for all matters described in Task Amendment 1A - Attachment 1A-D, OWNER'S RESPONSIBILITIES. ARTICLE 16 - NOTICES Any notice required by Task Amendment 1A will be made in writing to the addresses specified below: Owner: Marine and Aviation Department City of Clearwater 25 Causeway Boulevard Clearwater, Florida 33767 Architect/Engineer: HNTB Corporation 5850 T. G. Lee Boulevard, Suite 600 Orlando, Florida 32822 '. 11 ARTICLE 21 - INTEGRATION Task Amendment lA, including Attachments lA-A, 1A-B, lA-C, and lA-D incorporated by this reference, represents the entire and integrated Task Amendment agreement between Owner and Architect/Engineer. IN WITNESS WHEREOF, Owner and Engineer have executed this Task Amendment 1A. By tA HNTB Corporation (Engineer) B~ Vice President City of Clearwater (Owner) William D. Morris Director Date 1-q-O~ Date 1/ falt)?- Federal I.D. Number: 62-02134859-54C Federal I.D. Number: 43-1623092 ATTACHMENT lA-A SCOPE OF SERVICES AIRCRAFT FLEET MIX Piper Cheyenne II Cessna Citation II Cessna Citation 550 Cessna 441 Conquest ASSUMPTIONS . Design to be of Group III Aircraft Hangar in compliance with NFP A 409 of approximate 80' x 120' totaling approximately 9600 gross square feet . No fuel transfer, welding, torch cutting, torch soldering, doping or spray paint operations to occur in hangar . All required utilities are available at the project site . No fire protection system is anticipated as requirement for Group III Aircraft Hangar . No fire proofing of the primary rigid frame structural components is anticipated for Group III Aircraft Hangar with largest single fire area under 12,000 square feet . The electrical service to be designed for immediate aircraft storage need/load. Electrical service can be upgraded in future if/when support space is added. . No emergency generatorlbackup power source, public address system, telecommunications, data, satellite or weather systems to be included in the scope of work. Required life safety lighting to be of battery backup type. CODES AND STANDARDS Florida Building Code, 2001 Edition Florida Plumbing Code, 2001 Edition, if applicable Florida Mechanical Code, 2001 Edition National Electrical Code, 1999 Edition NFPA 101 Life Safety Code, 2000 Edition NFPA 409 Standard on Aircraft Hangars, 1995 Edition Florida Accessibility Code, 1997 Edition 1. PHASE I - SITE SPECIFIC MASTER PLAN HNTB Corporation (HNTB) will provide preliminary master planning services for the Corporate Aircraft Storage Hangar Complex for identified Midfield Development Area at Clearwater Airpark, Clearwater, Florida. Based on identified aircraft fleet mix these services to include the preliminary sizing of the hangars, layout of the buildings, aircraft ramp, parking area(s), access taxiway and road. Deliverable will be partial site planes) for review 1 and approval of master plan by City of Clearwater - Clearwater Marine & Aviation Department (Owner). Scope of work includes one preliminary and one final presentation meeting with Owner. HNTB will present two or three preliminary options at first review meeting. Final presentation to Owner will incorporate comments from preliminary meeting. 2. PHASE II - PROFESSIONAL DESIGN BASIC SERVICES FOR DESIGN OF ONE CORPORATE AIRCRAFT STORAGE HANGAR (TO BE PERFORMED BY CITY ENGINEER, PER NOTICE of Airpark Mgmt, 05-01-02) 3. EXCLUDED SERVICES Professional Services specifically exclude environmental assessment; site survey, topographic survey, boundary survey; geotechnical investigation, report and recommendations; permitting; and quality assurance testing during construction. 2 ATTACHMENT 1A-B PROJECT SCHEDULE Project Schedule for New Corporate Aircraft Hangar at Clearwater Airpark HNTB Project File No. 35733 Duration Link to Item Task in Days Start Date End Date Item Remarks 1 NTP to prepare Limited Master Plan 1 4++9102 4119/G2 Proposed rescheduling: Start - 06/10/02 2 Limited Site Specific Master Plan 21 4/22/02 ~ 1 6/10 - 7/10/02 3 Review/approval of Limited Master Plan 5 e,L2-1iG2 e,L2&tQ2 2 7/10 - 7/17/02 Project Close-out 3 Projects/00210/Clearwater Airpark Corp. Hangar/AgreemenUAttachment A1-B Last Updated 04.'10.'02 05/13/02 ATTACHMENT lA-C COMPENSATION 1. PHASE I - SITE SPECIFIC MASTER PLAN Compensation for identified Master Planning Services to be lump sum amount of $7,500. Reimbursable expenses are not included in lump sum amount and will be billed at cost times a 1.0 multiplier. 2. ADDITIONAL SERVICES Additional Services to be performed as requested on hourly basis times a 3.25 multiplier or negotiated lump sum amount. 1 ATTACHMENT lA-D OWNER'S RESPONSIBILITIES Owner shall perform and provide the following in a timely manner so as not to delay the Services of Architect/Engineer, and Architect/Engineer may rely on the accuracy and completeness of the following: 1. Authorize Architect/Engineer in writing to proceed (authorization to proceed is given by the execution of this Agreement). 2. Place at ArchitectlEngineer's disposal all available information pertinent to the Project, including previous reports, drawings, specifications or any other data relative to the design or construction of the Project. 3. Designate in writing a person to act as Owner's representative, such person to have complete authority to transmit instructions, receive information, and interpret and define Owner's decisions with respect to Architect/Engineer's Services for the Project. 4. Render decisions and approvals as promptly as necessary to allow for the expeditious performance of Architect/Engineer's Services. 5. Obtain, arrange, and pay for all surveys, advertisements for bids, permits, licenses, easements, rights-of-way, and access necessary for the performance of Architect/Engineer's Services. 6. Make Owner's facilities available to Architect/Engineer as required for performance of the Services under this Agreement, and provide labor and safety equipment required for access. 7. Require all construction contracts to include provisions requiring Contractors to indemnify Owner and Architect/Engineer and requiring Contractors to name Owner and Architect/Engineer as Additional Insureds on Contractors' liability insurance policies. 8. Maintain property insurance on all pre-existing physical facilities. 9. Provide a Builder's Risk All-Risk insurance policy for full replacement value for all Project work, which will include, without limitation, coverage for loss due to defects in materials and workmanship and errors in design, and will include Owner, Architect/Engineer and Contractor as insureds. 10. Furnish the services of a geotechnical engineer, whose services shall include, without limitation, test borings, test pits, determinations of soil bearing values, foundation recommendations, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests. 11. Give prompt written notice to Architect/Engineer whenever Owner becomes aware of any development that does or may affect the scope or timing of Architect/Engineer's Services, or any defect in the Services of Architect/Engineer or its subconsultants, or the work of construction Contractors. 12. Advise Architect/Engineer of the identity and scope of services of any independent consultants retained by Owner to provide services in regard to the Project. Unless otherwise provided in this Agreement, Owner shall bear all costs incident to compliance with the above items. ,If..~ 4' . e AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between The City of Clearwater, Florida (Owner) and HNTB Corporation (Engineer), for the following reasons: 1. Owner intends to obtain On-Call General Consultant Services (the Project); and, 2. Owner requires certain engineering services in connection with the Project (the Services); and, 3. Engineer is prepared to provide the Services. In consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be October 1, 2001 . ARTICLE 2 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. ARTICLE 3 - SCOPE OF SERVICES Engineer shall provide the Services described in Attachment A, Scope of Services. ARTICLE 4 - SCHEDULE Engineer shall exercise its reasonable efforts to perform the Services described in Attachment A according to the Schedule set forth in Attachment B. ARTICLE 5 - COMPENSATION Owner shall pay Engineer in accordance with Attachment C, Compensation. Notwithstanding anything to the contrary in this Agreement or Attachment C, should the Services under this Agreement include products or services that are commercially priced by Engineer, such amounts shall be invoiced to Owner at the catalog price(s) offered by Engineer and are not subject to audit on the basis of costs incurred. Invoices shall be due and payable upon receipt. Owner shall give prompt written notice of any disputed amount and shall pay the remaining amount. Invoice amounts not paid within 30 days after receipt shall accrue interest at the rate of 1 .5% per month (or the maximum rate permitted by law, if less), with payments applied first to accrued interest and then to unpaid principal. Owner shall pay Engineer's reasonable attorneys' fees incurred in connection with any litigation instituted to recover invoice amounts. ARTICLE 6 - OWNER'S RESPONSIBILITIES Owner shall be responsible for all matters described in Attachment D, Owner's Responsibilities. ARTICLE 7 - STANDARD OF CARE The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services. ARTICLE 8 - INDEMNIFICATION AND LIABILITY General. Having considered the potential liabilities that may exist during the performance of the Services, the relative benefits and risks of the Project, and the Engineer's fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. Indemnification. Engineer agrees to indemnify and hold the Owner harmless from and against legal liability for all judgments, losses, damages, and expenses to the extent such judgments, losses, damages, or expenses are caused by the Engineer's negligent acts, errors, or omissions arising out of its performance of the Services. In the event judgments, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, they shall be borne by each party in proportion to its own negligence. Limitation of Liabilitv. To the fullest extent permitted by law, the total aggregate liability of Engineer and its subconsultants to Owner for all judgments, losses, damages, and expenses resulting in anyway from the performance of the Services shall not exceed the total compensation actually received by Engineer under this Agreement. Consequential Damaqes. To the fullest extent permitted by law, Engineer shall not be liable to Owner for any consequential damages resulting in any way from the performance of the Services. Survival. The terms and conditions of this Article shall survive completion of the Services, or any termination of this Agreement. ARTICLE 9 - INSURANCE During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (a) General Liability Insurance, with a combined single limit of $1,000,000 per occurrence and $2,000,000 annual aggregate. 1 10/16/01 e (b) Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. (c) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500,000Jor each occurrence. (d) Professional Liability Insurance, with a limit of $1,000,000 annual aggregate. Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to Owner. Owner shall require all Project contractors to include Owner and Engineer as additional insureds on their General and Automobile Liability insurance policies, and to indemnify both Owner and Engineer, each to the same extent. Engineer and Owner waive all rights against each other and their directors, officers, partners, commissioners, officials, agents, and employees for damages covered by property insurance during and after the completion of the Services. If the Services result in a construction phase of the Project, a similar provision shall be incorporated into all construction contracts entered into by Owner and shall protect Owner and Engineer to the same extent. ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY Engineer shall not be responsible for (a) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (b) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes; or (c) procuring permits, certificates, and licenses required for any construction unless such procurement responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. ARTICLE 11 - OPINIONS OF COST AND SCHEDULE Because Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer's opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer's cost estimates or that actual schedules will not vary from Engineer's projected schedules. e ARTICLE 12 - REUSE OF DOCUMENTS All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on modifications or extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner's sole risk and without liability or legal exposure to Engineer. Owner shall indemnify and hold harmless Engineer and its subconsultants against all judgments, losses, damages, injuries, and expenses, including reasonable attorneys' fees, arising out of or resulting from such reuse. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Except as otherwise provided herein, engineering documents, drawings, and specifications prepared by Engineer and furnished to Owner as part of the Services shall become the property of Owner; provided, however, that Engineer shall have the unrestricted right to their use. Engineer shall retain its copyright and ownership rights in its design, drawing details, specifications, data bases, computer software, and other proprietary property. Intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Engineer. ARTICLE 14 - TERMINATION AND SUSPENSION This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement; provided, however, the non performing party shall have 14 calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner's convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner, and Owner shall pay Engineer for all the Services performed plus termination or suspension expenses. Upon restart of suspended Services, an equitable adjustment shall be made to Engineer's compensation and the Project schedule. ARTICLE 15 - DELAY IN PERFORMANCE Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of 2 10/16/01 .' e this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Engineer shall be granted a reasonable extension of time for any delay in its performance caused by any such circumstances. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. ARTICLE 16 ~ NOTICES Any notice required by this Agreement shall be made in writing to the address specified below: Owner: Marine and Aviation Department City of Clearwater 25 Causeway Boulevard Clearwater, Florida 33767 Engineer: HNTB Corporation 5850 T. G. Lee Boulevard, Suite 600 Orlando, Florida 32822 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Owner and Engineer. ARTICLE 17 - DISPUTES In the event of a dispute between Owner and Engineer arising out of or related to this Agreement, the aggrieved party shall notify the other party of the dispute within a reasonable time after such dispute arises. If the parties cannot thereafter resolve the dispute, each party shall nominate a senior officer of it~ management to meet to resolve the dispute by direct negotiation or mediation. Should such negotiation or mediation fail to resolve the dispute, either party may pursue resolution of the dispute by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association; provided, however, in the event the parties are unable to reach agreement to arbitrate under terms reasonably acceptable to both parties, either party may pursue resolution in any court having jurisdiction. e During the pendency of any dispute, the parties shall continue diligently to fulfill their respective obligations hereunder. ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY The Engineer hereby affirms its support of affirmative action and that it abides by the provisions of the "Equal Opportunity Clause" of Section 202 of Executive Order 11246 and other applicable laws and regulations. Engineer affirms its policy to recruit and hire employees without regard to race, age, color, religion, sex, sexual preference/orientation, marital status, citizen status, national origin or ancestry, presence of a disability or status as a Veteran of the Vietnam era or any other legally protected status. It is Engineer's policy to treat employees equally with respect to compensation, advancement, promotions, transfers and all other terms and conditions of employment. Engineer further affirms completion of applicable governmental employer information reports including the EEO-1 and VETS-100 reports, and maintenance of a current Affirmative Action Plan as required by Federal regulations. ARTICLE 19 - WAIVER A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. ARTICLE 20 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if it did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 21 - INTEGRATION This Agreement, including Attachments A, B, C, and D incorporated by this reference, represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. 3 10/16/01 e ARTICLE 22 - SUCCESSORS AND ASSIGNS Owner and Engineer each binds itself and its successors, executors, administrators, permitted assigns, legal representatives and, in the case of a partnership, its partners, to the other party to this Agreement and to the successors, executors, administrators, permitted assigns, legal representatives, and partners of such other party in respect to all provisions of this Agreement. ARTICLE 23 - ASSIGNMENT Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, Engineer may assign its rights to payment without Owner's consent. Unless otherwise stated in e the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from engaging independent consultants, associates, and subcontractors to assist in the performance of the Services. ARTICLE 24 - NO THIRD PARTY RIGHTS The Services provided for in this Agreement are for the sole use and benefit of Owner and Engineer. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. City of Clearwater (Owner) By ~~ William D. Morris Director Date /1> - 1'8' -01 Federal!. D. Number: bz -02/3'1fS1..sctc. Sq..180105K Pmwork~obs\35733Iagreement.doc HNTB Corporation (Engineer) By ~kS~ Adrian B. Share, P.E. Vice President Date 10- /1 ,0 I Federal!. D. Number: 59-1623092 4 10/16/01 e e ATTACHMENT A SCOPE OF SERVICES The Engineer shall perform the following services: · Preliminary project development and assistance in applying for State and Federal grants-in-aid . Preparation of plans, specifications, construction contract documents, cost estimated, engineer's reports; provision and/or coordination of special services such as testing and surveying . Construction review and construction administration including resident inspection services as needed · Provide the above services in full or in part for other projects which may not qualify for grants-in-aid · Planning projects, such as Master Plan Update(s), as well as other aviation stud ies . Other projects that may required the Engineer's expertise and services A-1 e e ATTACHMENT B SCHEDULE Engineer's services shall begin on October 1, 20001 and be complete on or before September 30,2002. B-1 e e ATTACHMENT C COMPENSATION Owner shall reimburse Engineer for services performed and invoiced monthly. Engineer shall bill the Owner based on the following billing rates: Principal $160.00 Project Manager $140.00 Senior Planner $125.00 Planner $100.00 CADD Technician $ 65.00 Clerical $ 45.00 Monthly invoices shall include a description of services, total hours spent by each classification times the billing rate plus expenses at cost. All payments to be made under this Agreement shall not exceed $10,000.00 without further written authorization, signed by the Owner and Engineer. C-1 ,. '! e e ATTACHMENT D OWNER'S RESPONSIBILITIES Owner shall perform and provide the following in a timely manner so as not to delay the Services of Engineer, and Engineer may rely on the accuracy and completeness of the following: 1. Authorize Engineer in writing to proceed [authorization to proceed is given by the execution of this Agreement). 2. Place at Engineer's disposal all available information pertinent to the Project, including previous reports, drawings, specifications or any other data relative to the design or construction of the Project. 3. Designate in writing a person to act as Owner's representative, such person to have complete authority to transmit instructions, receive information, and interpret and define Owner's decisions with respect to Engineer's Services for the Project. 4. Render decisions and approvals as promptly as necessary to allow for the expeditious performance of Engineer's Services. 5. Obtain, arrange, and pay for all surveys, advertisements for bids, permits, licenses, easements, rights-of-way, and access necessary for the performance of Engineer's Services. 6. Make Owner's facilities available to Engineer as required for performance of the Services under this Agreement, and provide labor and safety equipment required for access. 7. Require all construction contracts to include provisions requiring Contractors to indemnify Owner and Engineer and requiring Contractors to name Owner and Engineer as Additional Insureds on Contractors' liability insurance policies. 8. Maintain property insurance on all pre-existing physical facilities. 9. Provide a Builder's Risk All-Risk insurance policy for full replacement value for all Project work, which will include, without limitation, coverage for loss due to defects in materials and workmanship and errors in design, and will include Owner, Engineer and Contractor as insureds. 10. Furnish the services of a geotechnical engineer, whose services shall include, without limitation, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests. 11. Give prompt written notice to Engineer whenever Owner becomes aware of any development that does or may affect the scope or timing of Engineer's Services, or any defect in the Services of Engineer or its subconsultants, or the work of construction Contractors. 12. Advise Engineer of the identity and scope of services of any independent consultants retained by Owner to provide services in regard to the Project. Unless otherwise provided in this Agreement, Owner shall bear all costs incident to compliance with the above items. D-1