HomeMy WebLinkAboutContract 52057-R1 IL
��� CITY SECRETARY .
1 you CONTRACTNO. 5ao57-1R1
�o o 4 CITY OF FORT WORTH
FIRST RENEWAL OF AGREEMENT
WHEREAS, the City of Fort Worth, ("CITY"), and Dunaway Associates, LP.,
("Et-4Git�EER") entered into that certain Engineering Services Agreement (City Secretary
#52057, M&C C-29003) ("Agreement"), effective March 8, 2019, for the Project generally
described as: 2018 Bond Program Transportation Design On-Call Services; and
WHEREAS,the Agreement will be expiring under its terms and the parties desire to
renew said agreement for an additional term and at the same amount as authorized by M&C
C-29003 ("Renewal"); and
WHEREAS, funding for this Renewal is available without need for additional City
Council action;
NOW,THEREFORE, it is agreed by the CITY and ENGINEER as follows:
Article I
The Scope of Services as set forth in the Agreement shall remain unchanged.
Article II
The ENGINEER's compensation for this Renewal shall be$300,000.00.
All other provisions of the Agreement not expressly amended herein, shall remain in full
force and effect.
EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City
Manager.
APPROVED:
City of Fort Worth Dunaway Associates,LP.
U�Ak A4 4, -<�f W,(J-
Dana Burgh Tom Galbreath,ASLA
Assistant City Manager President
DATE:_ DATE: ID �
I
CITY SECRETARY
FT. NORTH,TX
First Renewal of Agreement Page 1 of 2
Freese and Nichols,Inc.—2018 Bond Program Transportation Design On-Call Services
APPROVAL RECOMMENDED:
William Johnson
Director,Transportation/Public Works Department
APPROVED AS TO FORM AND LEGALITY: C`
M&C: 29003
Date:JpVM 29,2019
Douglas W.Blac
Assistant City Attorney
pF.FORT
ATTEST:
2
Mary J. Ka
City SecretaryaeJ
i
Contract Compliance Manager:
By signing,I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
�2. �4/�i
/�
Lissette Acevedo. P_F_, PTOE, PPP
Program Manager,Transportation/Public Works Department
First Renewal of Agreement Page 2 of 2
Freese and Nichols,Inc.—2018 Bond Program Transportation Design On-Call Services
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 112012019
DATE: Tuesday, January 29, 2019 REFERENCE NO.: **C-29003
LOG NAME: 20TRANSPORTATION IMPROVEMENT AGREEMENTS THREE COMPANIES
SUBJECT:
Authorize Execution of Engineering Services Agreements with Dunaway Associates, LP IEA Inc., and
Kimley-Horn and Associates, Inc., Each in an Amount Not to Exceed $300,000.00 per Agreement for
Engineering and Design Services for Transportation, Drainage and Railroad Safety Improvements(ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Services Agreement for
transportation, drainage and railroad safety improvements, each in the amount not to exceed$300,000.00
with each of the following firms.%8 naway Associates, LP; IEA Inc., and Kimley-Horn and Associates, Inc.,
Each agreement may be renewed up to two additional times.
DISCUSSION:
The Transportation and Public Works Department has implemented changes to the project delivery
process to improve efficiency and accelerate schedules for capital projects.As part of this effort, Staff
recommends the authorization of on-call engineering and design services agreements with consulting
firms to reduce the delays and costs associated with preparing engineering design work for capital
projects. Staff estimates that this approach will reduce the project time for smaller transportation projects
by approximately three months when combined with current efforts to improve the processes for project
funding appropriations.
The projects include design of railroad safety improvements, street lighting, traffic signals, intersection
improvements, sidewalks and other related transportation improvements as identified by City staff.
Projects needing on-call engineering and design services will be identified by staff and task orders will be
issued as appropriate.The term of each Agreement will be for 24 months or the expiration of funds,
whichever occurs first. Each Agreement may be renewed up to two additional times.
MMBE Office—All firms are in compliance with the City's BDE Ordinance.
M/WBE Office—Dunaway Associates, LP is in compliance with the City's BDE Ordinance by committing
to 8% SBE participation on this project. The City's SBE on this project is 8%.
M/ BE Office—IEA Inc., is in compliance with the City's BDE Ordinance by committing to 12% SBE
participation on this project. The City's SBE on this project is 10%. Additionally, IEA, Inc., is a certified
MNVBE firm.
MMBE Office—Kimley-Horn and Associates is in compliance with the City's BDE Ordinance by
committing to 12% SBE participation on this project. The City's SBE on this project is 12%.
Logname: 20TRANSPORTATION IMPROVEMENT AGREEMENTS THREE COMPANIES Page 1 of 2
The projects will be located in all COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget as appropriated of
the various capital funds with projects identified for agreement services. Prior to an expenditure being
incurred, the participating department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fun Department ccoun Project JProgram ctivity Budget Reference# �moun
ID ID Year ChartfieId 2
FROM
Fun Department ccoun Project JProgram ctivity Budget Reference # moun
j I ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Oricinatina Department Head: Steve Cooke (5134)
Ricardo Matute (5498)
Additional Information Contact: Lissette Acevedo (2722)
ATTACHMENTS
1. BDE Three Companies.pdf (CFW Internal)
2. Dunaway Associates 2018-395518 Redacted.pdf (Public)
3. IEA Inc. 2018-434254 Redacted.pdf (Public)
4. Kimlev Horn 2018-430041 Redacted.pdf (Public)
Logname:20TRANSPORTATION IMPROVEMENT AGREEMENTS THREE COMPANIES Page 2 of 2
CITY SECRETARY
coPITRACT rro. 5 a 057
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Dunaway Associates, LP., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: 2018 Bond Program
Transportation Design On-Call Design Services.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount upto$300,000 as set
forth in AttachmentB.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first. This Agreement may be
renewed up to two additional terms.
Article III
Terms of Payment
Payments to the ENGINEER will be made asfollows:
A. Invoice and Payment
(:5\ � (1) The Engineer shall provide the City sufficient documentation, including but
� not limited to meeting the requirements set forth in Attachment D to this
o �cQ��Q AGREEMENT,to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
City of Fort Worth,Texas Pe
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:11.17.17
Page 1 of 17 CITY SECRETARY
FT. WORTH,TX
(3) Upon completion of services enumerated in Article I,the final payment of
any balancewill beduewithin 30 days of receiptofthefinal 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 ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided bycompetent
engineers practicing inthe same or similar locality and underthe same or
similar circumstances and professional license;and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
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
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Standard Agreement for Engineering Related Design Services
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Page 2 of 17
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 inAttachmentA.
(2) In soils,foundation,groundwater,and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans
in ink on reproducible mylar sheets and electronic files in .pdf format, or
as otherwise approved by CITY, which shall become the property of the
CITY. CITY may use such drawings in any manner it desires; provided,
however, that the ENGINEER shall not be liable for the use of such
drawings for any project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction
site, whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity
of their obligations, duties, and responsibilities, including, but not limited to,
all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or it's personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
City of Fort Worth,Texas
Standard Agreement far Engineering Related Design Services
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Page 3 of 17
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 this 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 the ENGINEER makes
on-site observation(s) of a deviation from the Contract Documents, the
ENGINEER shall inform the CITY.
(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
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with AttachmentA.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
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
Clly of Fart Worth,Texas
Standard Agreement for Engineering Related DesignSeMcea
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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.
L Minority Business and Small Business Enterprise
(MBE)(SBE) Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5)
years after final payment under this contract, have access to and the right
to examine and photocopy any directly pertinent books, documents,
papers and records of the ENGINEER involving transactions relating to
this contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits
in compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance noticeof intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5)years afterfinal payment under the
City of Fart Worth,Texas
Standard Agreement for Engineertng Related DeslgnServioes
Revised Dam:11.17.17
Page 5 of 17
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 photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a$2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
underthe commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unlessthe CITY specifically approves such exclusions inwriting.
ii. ENGINEER waives all rights against the CITY and its agents;
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
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Page 6 of 17
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of"any auto", including owned, hired, and non-owned
autos, when said vehicle Is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
I. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or$100,000.00
each employee for bodily injury bydisease,with$500,000.00 policy limit.
I. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pu rsuantto this agreement.
d. Professional Liability—ENGINEER shall maintain professional liability,a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier.Coverage shall be maintained for a period of 5 years following the
completion of the contract.An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion ofthe contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
City of Fart WoM.Texas
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c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days' notice shall
be acceptable in the event of non-payment of premium. Notice shall be
sent to the respective Department Director (by name), City of Fort
Worth, 200 Texas Street, FortWorth,Texas 76102.
f. Insurers for all policies must be authorized to do business in the State
of Texas and have a minimum rating of A: V or greater, in the current
A.M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management.
g. Any deductible or self-insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis.The
CITY, at its sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and,at the CITY's discretion;the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
City of Fort Worth,Texas
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payment and termination of any coverage required to be maintained after
final payments.
1. The CITY shall not be responsible for the direct payment of any
insurance premiums required bythis agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondeat superior shall not apply.
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,director indirect,in property abutting the
proposed PROJECT and business relationships with abutting properly cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and priorto final payment underthe contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected,the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected,the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractorto managethe remediation activities of the PROJECT.
0. 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
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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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed perAttachment DtothisAGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided bythe CITY.
B. Access to Facilities and Property
The CITY will make itsfacilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the Clytie'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.
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance,contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractors 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
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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 H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance 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.
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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 otherwork products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own thefinal designs,drawings,specifications and documents.
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 that prevent ENGINEER's performance of its
obligations hereunder.
D- Termination
(1) This AGREEMENT may beterminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either parry fails
substantially to perform through no fault of the other and the
nonperforming parry does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEERwill be paid fortermination expenses asfollows:
a.) Cost of reproduction of partial or complete studies, plans,
City d Fort Worth,Texas
Standard Agreement for Engineering Related DeslgrSenAees
Revised Date:11.17.17
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specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies orservioes;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay,or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904,the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
priorwritten consent of the other party.
H. 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
City of FortWorth,Texan
Standard Agreement for Engineering Related DeslgnServicea
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venue for any litigation related to thisAGREEMENT shall be Tarrant County,
Texas.
1. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, Illegal, or unenforceable
provision had never been contained herein. Articles V.F.,VI.B., VI.D.,VI.F.,
VI.H.,and VI.I.shall survive termination of thisAGREEMENT for anycause.
J. 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.
K. Immigration NationalityAct
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
City of Fort Worth,Texas
Standard AWeement for Enghw+Mng Related DeslgnServices
Revised Dab:11.17.17
Pogo 15 of 17
ENGINEER acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott
Israel "and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract,
ENGINEER certifies that ENGINEER'S signature provides written
verification to the C/TY that ENGINEER: (1) does not boycott Israel;
and(2) will not boycott Israel during the term of the contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A-Scope of Services
Attachment B-Compensation
Attachment C-Amendments to Standard Agreement for Engineering Services
Attachment D-Project Schedule
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 17
Duly executed by each party's designated representative to be effective on the date
subscribed bythe City's designated Assistant City Manager.
BY: BY:
CITY OF FORTWORTH ENGINEER
DuDawgNy s c' s,
S san Alanis .om Galbreath, ASLA
Assistant^'ty Manager President
Date: Date: 2z,
s
APVlnteireoctMor.
ENDED:
Y•
Department of
Transportation and Public Works
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Chad Allen, P.E., CFM
APPROVED AS TO FORM AND LEGALITY
By. Form 1295 No.: oZ I q.
oug asW.Black
Assistant City Attorney.---,?
M&C No. C-29003
ATTES _ _ �� FOR
t &C Date: January 29, 2019
MaryJ.Kayser
City Secretary
C14r o1 Fat WaM,Teae �L XAS
ShrWwd Aptr nwt Yor Enoweft Related DevipnSsrvkee 'f
ReNMd Deb:11.17.17 Pepe 17of17 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX