HomeMy WebLinkAboutContract 45315 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Dunaway Associates L.P., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Ray White Rd (Kroger
to Wall Price Drive).
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of $6,550.00 as 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, including but
not limited to meeting the requirements set forth in Attachment D to this
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.
� (3) Upon completion of services enumerated in Article I, the final payment of
iM any balance will be due within 30 days of receipt of the final invoice.
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EC�dE'I•ARy l= ORTTH,TIC
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In the event of a disputed or contested billing, only that poirt'ion 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 610, 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 en g,ine,ering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicabl e to the ENGINEER'S services will be the
degree of skill and diligence normally employed in the State f' Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection, with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests,1 and,
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
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(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 u,nanticipated 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,
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The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mlylar sheets and electronic files in pldf 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
pirojlect other than the, PROJECT described herein.
E. Engineer's Personnel at Constrijiction 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 quaility 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
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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.
Fl. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based, on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions, of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT the ENGINEER has no
control over cost or price of' labor and materials; unknown or latent
cond�itions, 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 personnels 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 schedulles will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Constructl'on, 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 blellief 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
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affect the amount that should be paid.
H. Record Drawings
Record drawings, if requi,red, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact localtion�, 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 incoirplorated
into the record drawings.
1. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.,
2,0020-1,2-2011, 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 S 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 piroviis,ion,s 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 'Five (5) years after finial 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
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order to conduct audits in complia,nce with, -the provisions of this article
together with subsection (3) hereof. CITY shall give s,ub consult ant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents, as may
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be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate pubillishedi 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 (CG,L) and, if necessary, commercial,
umbrella insurance with, a limit of not less than $1 000,000.00 per each
occurrence with a $2,000,0010.00, aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall appily
separately to this PROJECT or locat,ion.
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i. The CITY shall be included, as an insured under the CGL, using
ISO additional insured, endorsement or a substitute providing
equivalent coverage, and under the 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 by endorsements that would alter or nullify:
pirem,ises/oporations, products oo plotod operations, contractual�,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
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 colmmerc:ial, general
liability or commercial umbrella liability insurance maintained in
accordance w,ith this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance, with a limit of
not less than $1 01001,01010 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., Ifthe
engineer owns no vehicles, coverage for hired or non-owned is
acceptable,
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ENGINEER wa,iv s 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, um:brel,la liability insurance obtained by ENG11NEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Wo rkare' 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 $100,000-010
each ernployee for bodily injury by disease, 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 plursua,nt to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall conita,i:n 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 of the contract.
(2) GENERAL INSURANCE, REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
requ,ired insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. 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.
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 request required insurance
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documentation shall not constitute a waiver of the insurance
requirements.
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e. A minimum oft irty (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,
1000 Throckmorton, Fort Worth, Texas, 7610 2,.
f. Insurers for all policies must be authorized to do business in the State of
Texas ands have a minimum rating of AN 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 $25,1000.,00 that
would change or alter the requirements here n is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole d,iscretion, 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 subrogatioln
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 IT "'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-mad,e.
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
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 by this agreement.,
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m,. Sub consultants and subcontractors to of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance co�verage 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.
M. Disclosure
The ENGINEER acknowledges to the C,ITY 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 that 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 mill 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 qlua�lified
subcontractor to manage the remediation activities of the PROJECT.
0. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to co ly with
published design criteria and/or current engineering practice standards
which the ENGIINEER, 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/oir practice standards criteria which are
published after the date of this Agreement wh:iich, 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.
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P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
A,rfii c 11 el V
Ob lib„ ati0ons of the C"Ity
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 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. 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 ENG,INEER's, services. The CITY will be responsible for all acts of
the C,I,TY's personnel,.,
C. Advertisements, Permits,, and Access
Unless otherwise agreed to in the Scope of Services,1 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, rig,hts-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINE ER'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.
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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 tha gay contain hazardous materials, including asbestos
co ref ai�ning materials,1 or conditions, and that ENGINEER had no prior
role in the generation, treatmen , 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, if her releases
ENGINEER from any damage or liability related 'to the presence of
such materials.
(2) The release, required above s,halil not apply in the event the discharge,
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release or esca1 pe of hazardous substances, contaminants, or asbestos
i s, a, result of ENGINEER's, negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos, ontothe 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,1 and
provisions providing contractor, indemnification of' the CITY and the
ENGINEER for contractorl's negligence.
H. Contractor Claims and Third-Party Beneficiaries,
(1) The CITY agrees to Hiclude the following clause ini all contracts with
construction contractors and equipment or materials suppliers:
'i'Con tract ors, subcontractors and equipment and materials
suppliers, on the PROJECT, or thIeir suretiesy shall, maintain
no direct action against the ENGINEER, its officers,
employees, and subcontraictors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed., Only the CITY wiill be the beneficiary
olf'any undertaking by the ENGINEER."
(2,) 'Thiis AGREEMENT gives no rights or benefits to anyone other,than the CITY
and the ENGINEER, and there are no, third-pafty benefi claries.
City of Fort Worth,, as
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(3) The CITY will include in each agreement it enters into with any other entity
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or person regarding the PROJECT a pirolvis,ion 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
r gih�t the CITY has to bring a claim against ENGINEER
I. CITY's Insurance
(1) The CITY may maintain, property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost, value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentlatioln 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 re" Dui 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 AGREE EDIT. If such changes affect the ENGINEER's cost
of or time r quired for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legall Provisions
Amendments to Article VI, if any, are included in Attachment C.
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A. Authorl"zation to Proceed'
ENGINEER shall be authorized to proceed' with this AGREEMENT upon
rec,eipti,of a written Notice to Proceed from the CITY.
�B. Reuse of Project Documents
A111 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 completeld 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 the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsiibil�e 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 ENGINEE,R's, performance of its
obligations hereunder.
D. Terrninat"ion
(1) This AGREEMENT may be terminated only by the City for convenience on
3,0 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 in 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 electronic data files and other
data storage supplies, or services'
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C.) The time ire quirements for the ENGINEER'S, personnel to document
the work u�nderway at the time of the CITY'S termination for
convenience so that the work effort its suitable for long time storage.
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(3) Prior to proceeding with termination services, the ENGINEER will
s,ubimli't to the IT an itemized statement of all termination expenses. The
CITY'S approval will be obtained iin 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, ad u�stmenit in the ECT's schedule,
commitment and cost of the ENIGI:NEER's personnel and subcontractors,
and EN GINS ER's compensaill-ion will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold', harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
faiilure to play a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another enfi ty
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations cnl liabil�ity and indemnities in this AGREEMENT are blusilness
understandings between the parties and all apply to ell the different
theoriels, 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 negligiencle for limitations of liability and sole
negligence for indemnification., Parties mean the CITY and the ENGINEER)
and their officers; empil�oyees, agents, and subcontractors.
L 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.
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J. Severability and Sur viva!
If any of the provisions c tainedl 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
al, o
AGREEMENT shall be construed as if such invalid, illeg r unenforceable
provision had never been contained herein. Articles V.F.,, V1.131.1 VI.D., VI.F.,
VI.H., and VII shall survive termination of this IEEE Ni for any cause.
K. O seirve and Comply
ENGINEER shlall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regiulatilons 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 i,gnorannce
thereof shall be considered. ENGINEER agrees to defend, indemnlify 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, lair,I
ordinance, or regulation, whether it be by itself or its employees.
Article I'll
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
Attachmen't B —Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - location Map
City of Fort Worth,Texas
Standard Agreement for Engilin:eering Related Design Services
PIMO Off icial Release Date., 1/28/2013
Page 15 of 16
Executed and effective this the da y of 2tl
s
BY. BY.
CITY OF FORT WORTH ENGINEER
,or
D I N SOC IATES L.P.
Fernando Costa Tom Gai re t , ASL A, F"
Assistant City anger ExecuIti,ve Vice Pres,idient,
Date.- Cute:
APPROVAL RECOMMENDED:
By-
D &J, LAJ
iougla I W. Wiers,igi, P.E.
Director, Trans rtat n a,n d Publi Works
APPROVED AS TO FORM, AND M&C No.:
LEGALITY
C jute::
By. InAAu6 UA yk: I I N
E3,IaCK-" 0A Wei tt, YlAr- <yc tr
Assistant City Attorney
00
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a di. Op City Seer er
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City of Fort Worth,,,Texas
Standard Agreement for Engineering Related design Services
P O Official,' leas 'date:1/28/2013
Page 16 of 16
FTs WORTH,TX
A TTACH�MENT "A"
M
Scgpe-for Engineerincl Desig,n Related Services for Street Improvements
The scope set forth herein defines the work to be performed by the ENGINEER in
corn leting the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
OBJECTIVE
The scope of this project will be to provide 404 Waters of the US Determination along Park
Vista Blvd.
The limits of this effort will be from Ray White Blvd to Heritage Trace Blvd from ROW to
ROW
WORK TO BE PERFORMED
Task 1. Design Management
Task 9. 404 Waters, of the US Determination
TASK I., DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and C,ITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the,Team
• Lead,1 manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre design project kickoff chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
Conduct review meeting with the C,ITY at the end of each report preparation
Prepare invoices, in accordance w,ith Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such,that their regulatory requirem�ents are
appropriately reflected in the report.
City of Fort Worth,Texas
Attachment A
PMO Release Cate:07.23.2012
Page 1 of 3
Personnel and Vehicle Identification: When conducting site visits to the project
I
location, the ENGINEER or any of its sub-consultants shall carry readily vi�s,ilble;
information, identifying the name of the company and the company representative.
ASSUMPTIONS
0 There will be one (1) scopling verification meeting with the CITY.
There will be one (1) review meeting with the CITY on findings report.
There will be two (2) invoices submitted on this project.,
There will be no MWBE reporting required for this project.
There,will be no schedule reporting required for this project as it has, a short
duration (Tier 1).
DELIVERAB,LES
A. Monthly invoices
TASK 9., 404 WATERS OF THE US DETERMINATION.
ENG,INEER will provide 404 Waters of the US Determination support for the CITY.
9.1. Environmental Services
404 WATERS of the U.S. Determination
a. Jurisdictional Determination
Dunaway will perform a field visit to identify not only the current Waters of the
U.S. but also classify them as to their existing fu,nction. This determination of
-their function and values is an important component of the permifting process,
for projects of this size and in determining future plermittin�g strategies. This
determination is necessary for thin U.S. Army Corps of Engineers (USAGE) to
verify the adequacy of any delineations and any required mitigation.
Using available literature, the soil survey, and USGS, topographic maps, we
will provide a description of the functions and values and limits of the Waters,
of the, U.S. for the subject si:te. As part of the functions/values determination,
Dunaway will provide the CITY with the appropriate wetland delineation
forms, map of jurisdictional waters overlain on the site plan, and any
evaluation of the Waters, of the U.S. within the proposed project site. The
wetland forms will include the vegetation cha,rac,teristics, of the jurisdictional
waters, soil profiles, and hydrologiic information per the 1987 Corps of
Engineers Wetland Delineation Mian,ual, and regional supplement.
We rill use a Global Positioning System (GPS) to map jurisdictional Waters
of'the U.S. Data collected in the field will, be downloaded to existing A,rcGIS,
files to overlay on the existing topographic maps, for the project. Exhibits
indicating all jurisdictional Waters of the U.S., will be prepared for inclusion in
the wetland survey report.
City of Fort Worth,Texas
Attachiment A
P Release Date:07.23,2 12
Page 2 of 3
Dunaway will subunit the findings of the Waters of the U.S. Delineation to the
US, CE for verification. This rill include a field visit with the USAGE, to the
project site. Upon completion of the field visit, the USA CE, will issue a
Jurisdictional Determination for the site.
b. Natural Resources,Assessment
Upon verification with the �. SACE, Dunaway will prepare a Natural'
Resources Assessment Report describing the limits and types of Waters of
the U.S. found within the project site. The report will, contain descriptions of
'Waters of the .S., site maps with waters shown, and mitigation permitting
options. The mit,igiatioln options,will also include cost estimates for the
purchase of mitigation bank, credits at the tine of the delineation.
DELIVERABLES
A. Natural Resources Assessment Report (5) copies
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in, the existing Scope of Services — CITY and
ENGINEER agrees that the folilowing services, are beyond the Scope of Services
described in the tasks, above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts, paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties, before the services are performed. These
additional services include, but not limited to, the following:
a Services related to warranty claims, enforcement and inspection after final,
completion.
Services to support, prepare, document, bring, defend,, or assist in litigation
underta ken, or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
Please note that this scope DOES, NOT include any permitting, activity
with the USA OE. It s,implly identifies the function or type, their
class 11ficati on or value, and, the qu,ant*l'ty of all Waters of the U.S.,
regardless of type. This information could be used to provide you with
guidance on future permitting constraints or strategies as they relate to the
Waters of the U.S.
City of Fort Worth,Texas
Attachment A
PMO Release Date.07112012
Page 3 of 3
ATTACHMENT B
COMPENSATION
Design Services for
Ray White Rd (Kroger to Wall Price Drive)
City Project No. 01�806
Lump Sum Project
I. Compensation
A. The E,N,G,INEER shall be compensated a total lump sum fee of $6,1550.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV'— Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials,1 Supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section 11
Method of Payment.,
Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and, submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required i in item Ill. of
this Attachment B, and Schedule as required in Attachment D to,this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule, Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved, Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
111.1 Progress Reports
A. Not required for this short duration project.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date-8-09,2012
Page I of 3
-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
............................ .......... ........ .............
Firm Primary Responsibility Fee Amount %
Prime Consultant
I Dunaway Associates Environmental Services $63550 100
L.P.
.......---------
Proposed MBE/SBE, Sub-Consultants
N/A
..........
-4 1
Non-:MBE/SBE Consultants
7N/A
TOTAL $6
�65 0 100%
Project Number&._Name Total Fee SBE: Fee MBE/SBE
:L %
City Project No. 018016 $ .00 $ %
Ray White Rd' (Kroger to Wall Price
Drive),
City MBE BE Goal = Consultant Committed Goal %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Pale 2 of 3 B-2
EXHIBIT CtB'Illp
EN�GIN�E'IER INVOICE
(Suppllement'to Aftachment B)
Insert required invoice format following this page,, including negotiated total budget and
allocations of budgets across,work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Off iciial Release Date:8.09.2012
Page 3 of 3 B-3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO, STANDARD AGREEMENT
Design Services for
Ray White Rd (Krioger to Wall Price Drive)
City Project No. 01806
NONE
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.210°O
Page I of I
Coinsulting Contract Schedule Specifications FoRT WaRTH
City offort Worth Capital Improvement Program
Att.achment D-Project,Schedule
17fis PRO IECT' L r� s a Tier I st",liedy.le as defined heivin and in t[w Cit�y's Schedtile Guidance
Doctinient.
DL CONSULTING SERVICES SCIJEDULE, DEVELOPMEN"'17: The CONSULTANT stiall,
P repare schedules, for consulting services that meet the requirements descrivea in this
*f' ation, showing by Cr'tical Path Method (CPM) the planned sequence and timing of
spect ic 1 1, 1
tl-te 'Work associated with the Age-eenient., All submittals shall be submitted in PDF f'ormat,
and schedule files shall. also be submitted In native file format (i.e. file formats associated
w*th the sicheiduling software). The approved scheduling software systems for creatin� the
schedule files are.-
- Primavera (Versions 6.1 or later or approved by,CITY),
- Primavera Contractor(Version . . or approved by CITY)
- Microisof t Project(Vors n 2,003/2,007 or later or approved by CITY)(PHASING OUT)
P2. BASE LJ NE CONSUI--.,T ING SERVICES -SCHEDULE,. Fol,low ins gnolt,,,ice-to-prioceed, tl-ie
CONSUL "ANT shall develop, submit and revie the draft detailed baseline cons anti n,ig
services schedule with the CF`rY to demonstrate the CONS U LTANT-s understanding of the
Agreement requireme�nits and approach for performing the work. The C0NSUL"rANTwInn
prepare, the final ti tan bas line consulting services schedule based on CITY commeants, if
any,and submit to the CITY no later than die submittal of the first pro)ectinvoice.
The following guidelines shall be aldhered to in preparing the baseline schedule, and as
described 'in further detail intlie CITY's Sc�edule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (W'BS) representing the
tasks,sin btasks,and activities associated with delivering the work.
b. The sche-dule shall accurately (Jescribe the major or an tivit"es,key milestones, and
d,ep ens demo c'lL�s/"re"iationships as appropriate to the work.
c. 'I"he schedule should include appropriate rneketings, review periods, critical decision-
poll,-tts,incItiding third party utility dependencies and reviewing,agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSUI-J'AN'T shall prepare
and submit nionthly to the CITY' for a,pp r val the updated schedule in accordance with D1,
and D12 and th 11"Y's Schedule Guidance Documetit inclusive. As the Work progresses,
the CONSUIJANT shall enter into the schedul.e and record actual progress as described in
the CITY's,Schedule Guidance Docunient.
The updated schedule submittal shall also 'include a concise schedule narrative that
highlights the follow inn.g,ff appropriate and applicable:
• Changes,in, the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the,schedule,
10 Coordination issues the CITY should ble aware of or can assist With,
City of Fort Worth,Texas
Attachment D
PM O Release Date.,02,15.2 011
Page 1 of 2
+» Ot her schedule-red .ted issues that the CONSULTANT wishes t o communicate to the
CITY.
14. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: if the work
accomplished falls behind that scheduled dare to factors within. the CONSULT. .NT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make of the delay in schedule progress and
to ensure completion.of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS-,
The requirements for the schedule are deter mined fused on the nature and needs of the
project. The schedule tier for this project is stated aL to tofu of this document.
CONSULTANT shall submit each schedule relying on the crry's current Schedule-
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT-,
As stated. in III.A.( . of the Agreement, CONSULTANT shall provide the information
required by Attachment D. ONSU LT ANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted, in the -time
and mam'ier required. by Attachment t and the .IT Y's current Schedule Guidance
City of Fort Worth,Texas
Attachment D
PMO Release Cate,02.15.201'1
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