HomeMy WebLinkAboutContract 35309 (2)�";i I�Y u�C.�;��7'�6�1( ��
CITY OF FORT WORTH, TEXAS �'�����"��� �� � o��-�.1 �,
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and SRLS Texas,
LLC (the "ENGINEER"), for a PROJECT generally described as: 2007 Street Maintenance
Program Management & Inspection Services.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work perFormed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to 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, including interest. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants perForming the same or similar services at the time
such services are perFormed.
C. SubsurFace Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurFace investigations in connection with design and engineering work
to be perFormed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurFace investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the total
PROJECT cost and/or execution. These conditions and cost/execution
effects are not the responsibility of the ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible plastic film sheets, or as otherwise approved by CITY, which
shall become the property of the CITY. CITY may use such drawings in any
manner it desires; provided, however, that the ENGINEER shall not be liable for
the use of such drawings for any project other than the PROJECT described
herein.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 e�ent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If,
for any reason, the ENGINEER should make an on-site observation(s), on the
basis of such on-site observations, if any, the ENGINEER shall endeavor to
keep the CITY informed of any deviation from the Contract Documents coming
to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
STANDARD ENGINEERING AGREEMENT (REV 10/06/05) � ' -
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or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes 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
esti mates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the Contract Documents; that
the final work will be acceptable in all respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the construction contractor
has used the moneys paid; that title to any of the work, materials, or equipment
has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue between the CITY
and the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent the
exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (MNVBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and r�ards of
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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 notice of
intended audits.
(2) ENGINEER further agrees to include in all its su6consultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)hereof.
CITY shall give subcon-sultant 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.
I:�
(1)
ENGINEER's Insurance
Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident on a combined single limit
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined
as autos owned, hired and non-owned when said vehicle is used in the
course of the PROJECT.
Worker's Compensation
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Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional liability shall be written on a claims-made basis and 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 of the contract.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
(a) Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include its
employees, officers, officials, agents, and volunteers as respects the
contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
(d) A minimum of forty-five (45) 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. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
(e) Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A: VII in the current A.M. Best Key
Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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(f) Deductible limits, or self insured retentions, affecting insurance required
herein shall be acceptable to the CITY in its sole discretion; and, in lieu
of traditional insurance, any alternative coverage maintained through
insurance pools or risk retention groups must be also approved.
Dedicated financial resources or letters of credit may also be acceptable
to the City.
(g) Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
(h) The City shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion, the ENGINEER may
be required to provide proof of insurance premium payments.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such exclusions
in writing.
(j) For all lines of coverage underwritten on a claims-made basis, other than
Professional Liability, the retroactive date shall be 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) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement and all insurance
required in this section, with the exception of Professional Liability, shall
be written on an occurrence basis.
(I) 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.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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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 will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the ENGINEER
will, if requested, assist the CITY in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
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 by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety
equipment as required by the ENGINEER for such access. The CITY will
perForm, at no cost to the ENGINEER, such tests of equipment, machinery,
pipelines, and other components of the CITY's facilities as may be required in
connection with the ENGINEER's services. The CITY will be responsible for all
acts of the CITY's personnel.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule in Attachment A.
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 contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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�2)
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services perFormed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
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)
(1)
Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
CITY's Insurance
The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3)
J.
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The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
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.
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 other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any 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 responsible for damages or delay in performance caused
by acts of God, strikes, lockouts, accidents, or other events beyond the control
of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perForm
through no fault of the other and does not commence correction of such
nonperFormance with 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
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(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.
F.
G.
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
and cost of the ENGINEER's personnel
compensation will be made.
Indemnification
, ,
the PROJECT's schedule, commitment
and subcontractors, and ENGINEER's
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful
misconduct of the ENGINEER, its employees, officers, and subcontractors
in connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the
CITY (or a person identified above for whom each is liable) is a cause of
such damage or injury, the loss, cost, or expense shall be shared between
the ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties mean the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if both
parties acting reasonably agree that the amount of the dispute is likely to be less
than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall
be in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association or other applicable rules of the Association
then in effect. Any award rendered by the arbitrators less than $50,000,
exclusive of attorney's fees, costs and expenses, will be final, judgment may be
entered thereon in any court having jurisdiction, and will not be subject to appeal
or modification except to the extent permitted by Sections 10 and 11 of the
Federal Arbitration Act (9 U.S.C. Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award shall
become final ninety (90) days from the date same is issued. If litigation is filed
by either party within said ninety (90) day period, the award shall become null
and void and shall not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B., VI.D., VI.H., VI.I., and VI.J. shall
survive termination of this AGREEMENT for any cause.
L. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article vIz
Attachments, Schedules, and Signatures
STANDARD ENGINEERING AGREEMENT (REV 10/06/05)
Page 13 of 14
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
Attachment C- Amendments to Standard Agreement for Engineering Services
r,
Executed this the day of '�, 2007.
ATTEST: CITY OF F RT WORTH
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Marty Hendri Marc .-Ott �
City Secretary
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Assi
ATTEST:
AS TO
rney
LEGALITY
STANDARD ENGINEERING AGREEMENT (REV 10/06l05)
Page 14 of 14
Assistant City Manager
APPROVAL RECOMMENDED
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Robert Goode
Director Transportation and Public Works
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SRLS Texas, LLC
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2007 Street Maintenance Program Management & Inspection Services
ATTACHMENT A
Scope of Services
Proposal of Professional Services
City of For! Worth
2007 Street Maintenance Program
Attachment A
Proposal of Professional Service
For Inspection and Construction Management
City of Fort Worth
April 3, 2007
To: George Behmanesh, P.E.
Assistant Director
Transportation and Public Works Department
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Project: City of Fort Worth — 2007 Street Maintenance Program
SRLS, Texas, LLC (SRLS) proposes to provide the folfowing services to the City of Fort
Worth in support of the Transportation and Public Works Department's Annual Contract
Street Maintenance Program.
■ Contract Document Preparation- SRLS Engineers and Inspectors will work with the
City staff to identity projects and prepare quantity estimates of the required work to
rehabilitate the identified streets to current functional and performance standards.
Forensic methods will be utilized to determine the full extent of the necessary
repairs.
Proiect Manaaement — SRLS Engineers will set and coordinate all pre-bid and pre-
construction conferences in order to inform all contractors of the contract
requirements and to provide uniform interpretation of the controlling plans and
specifications. SRLS will coordinate project activities with all stakeholders inclusive
of: City Departments, utility companies, the public and adjacent property owners.
Project communication will be assigned to a specific specialist to ensure all affected
parties are continually informed of project status and of the anticipated impact on
their particular interest. The SRLS Management Team will maintain and provide
weekly project status reports which will include schedules, costs, and the current
completion status of each project. SRLS Management will attend all meetings
needed for project coordination/information with all stakeholders and interested
parties. SRLS will provide QC/QA for all project components to insure that materials
and workmanship for each work item used in the construction of these projects will
comply with the project specifications. The SRLS Team includes certified testing
technicians who will test materials to insure quality standards are maintained
through out the project. SRLS engineers will intertace with the Contractor to make
�nal project inspections to either accept the project or to direct the Contractor to
work that needs to be completed prior to final acceptance. When all work is
cornpleted and accepted an administrative close out of the project will be performed.
Page 1 of 4
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Proposa! ofProfessiona! Services
Ci1y of Fort Worth
2007 Street Maintenaiice Program
Field lnspection — Inspectors will attend pre-construction conferences to participate
in project discussions and decisions with respect to project administration, safety,
communications and lines of authority, material sources, and project timing/work
schedules. Provide daily inspection of all contractor work and maintain a record of all
project activities inclusive of: contractor equipment and manpower on the project,
work items being placed, verify condition of barricades and ascertain they are placed
in accordance the traffic control plan, document any unusual project activities
(accidents, rejected work items, etc.) and any special instructions to the contractor.
Final project documentation will include construction progress photographs along
with all daily diary sheets, test reports, and quantity measurements for basis of
payments. Provide a timely response to all public concerns with respect to the
project or refer the concern to the project manager for proper handling. As needed,
prepare Change Order requests and submit for approval. Coordinate approved
Change Orders with the contractor to insure proper and timely placement of Charge
Order items. Prepare punch list for each project and confirm that items are
addressed by the Contractor prior to final inspection. Attend the final inspection with
the Engineer, Contractor, and City Staff. Certify that the work has been completed in
substantial compliance with the governing plans and specifications. After project is
accepted, perform and administrative close out that will include a final payment
releasing all retainage.
■ Proiect Deliverables: For each project, SRLS will prepare and deliver to the City of
Fort Worth's Project Manager the following items:
1. Construction Manual
■ Daily Diary Reports
- Laboratory Test Reports
■ Project Correspondence
■ Punch list and its resolution
■ Meeting Minutes
■ Construction Progress Photograph Records
2. Material Delivery Tickets
3. With each monthly invoice provide a detailed description
along with a current status of all projects.
Staffina:
of services billed
To efficiently and effectively provide the above described services, SRLS proposes to
utilize the following staff:
Resources
1. Project Engineer (1) @ 20% usage
2. Chief Inspector (1) @ 100% usage
3. Senior Inspector (3) @ 100% usage
4. Administrative Technician (1) @ 50% usage
5. Laboratory/Testing Technician (1) (variable usage)
Page 2 of 4
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Proposal ofProfessiona! Services
City of Fort Worth
1007 Slreet Maintenance Program
This staffing plan is structured around the anticipated letting of 12 to 15 contracts during the
year and each contract including approximately 30 street segments to be rehabilitated. The
Contracts will be let in groups of approximately 4 each which will place approximately 120
streets under contract with each letting cycle. The SRLS staff will be preparing quantity
estimates for the next letting cycle in addition to managing/controlling the construction
process for ongoing contract work. This plan may need adjustment if through the process
of overlapping active contracts there are more than five contractors working at the same
time.
Bud�et:
Page 3 of 4
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Proposal ofProfessronal Servrces
City ofFort Worth
2007 Sh-eet Maintenance Program
CITY OF FORT WORTH
2007 ANNUAL STREET MAINTENANCE CONTRACT
SRLS Texas, LLC
CONSTRUCTION QUALITY CONTROL
Testing and Inspection Services
SERVICE
Field Work
Materials Testing Technician —(4 hour min. per day)
Hourly rate include ALL field works such as testing of soils, concrete,
hot mix asphaltic concrete, asphalt core thickness, etc.
Laboratorv Testin�:
Extraction/Gradation
Rice Gravity
Stability/Density
Concrete Cylinders
Standard Proctors
Tex 113E
Atterburg Limits
Lime/Cement Series
COST LJNIT
70.00 HR
150.00
90.00
120.00
15.00
145.00
240.00
45.00
240.00
EA
EA
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EA
EA
EA
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EA
PH Series 180.00 EA
SRLS, Texas, LLC (SRLS) proposes to provide the above described services to the City of Fort
Worth (City) for a period of one year from the date of a mutually executed contract. These services
will be billed at the unit rates shown with a yearly not-to-exceed amount of $1,090,020.00. The City
and SRLS will have the option of renewing or extending this contact for an additional year.
Submitted By:
Accepted By:
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W.L Wimberley, P. . Date George Behmanesh, P.E. Date
Director of Special Projects Assistant Director
SRLS, Texas, LLC CFW — T&PW Department
Page 4 of 4
2007 Street Maintenance Program Management & Inspection Services
ATTACHMENT B
Compensation
The ENGINEER shall be compensated with an amount not to exceed $1,090,020 for the
project, including labor, mileage, and subcontracted services as described in
Attachment A. Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment A.
The ENGINEER shall provide monthly invoices to the City of Fort Worth for
reimbursement of labor costs, mileage, and subcontracted service costs incurred in the
perFormance of the work perFormed under this agreement as set forth in Article III,
Terms of Payment. The total fee will not be exceeded without prior written approval
from the City of Fort Worth.
The ENGINEER will be reimbursed at the rates outlined in Attachment A— Budget.
2007 Street Maintenance Program Management & Inspection Services
ATTACHMENT C
Amendments to the Standard Engineering Agreement
Article IV, Obligations of the Engineer, shall be revised as follows:
Section D- Preparation of Engineering Drawings — This section shall be revised
to include preparation of construction bidding and contract documents by the
ENGINEER.
Section E- Engineering Personnel at Construction Site — Paragraph 2 of this
section shall be deleted. The ENGINEER's responsibilities for site visits and
construction inspection are outlined in Attachment A— Scope of Services, Field
Inspection.
Section K— Engineers Insurance — Paragraph 1 of this section shall be revised to
require $1,000,000 aggregate coverage of Professional Liability insurance and the
requirement for $2,000,000 aggregate shall be deleted.
Article VI, General Legal Provisions, shall be revised as follows:
Section J— Alternate Dispute Resolution — Paragraph 1 of this section shall be
revised to include the first sentence concerning mediation only and all remaining
sentences concerning arbitration shall be deleted from this paragraph. Paragraph 2
in this section concerning arbitration shall be deleted in its entirety.
AGORan CERTIFICATE OF LIABILITY INSURANCE OPID o6 DATE(MMIDD/YYYY)
SMITH-8 05 14/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
North American Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5101 N Classen Blvd. Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Oklahoma City OK 73118
Phone: 800-880-0291 Fax: 405-556-2332 INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURERA: Hartford Underwriters Ins co. 30104
Smith-Roberts Land Services , I INSURER B: Haztford Accdt s xnaemnity co. 22357
SRLS TEXAS LLC INSURERC: Hartford Casualty Insurance co 29424
6112 McCAR� SUITE 110 iNsuRERo: Federal Insurance Co 20281
FORT WORTH �.'X 76133
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDnY)E DATEYMMPDDnY N LIMITS
, GENERAL LIABILITY EACH OCCURRENCE $ 1000000
B X X COMMERCIALGENERALLIABILITY 3gggp�gM1366 �.2��.8�06 12��.8��% PREMISES(Eaoccurence) S 3�����
CLAIMS MADE � OCCUR MED EXP (Any one person) $], Q Q Q �
PERSONAL&ADVINJURY S ],OOOOOO
GENERALAGGREGATE $ 2000000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2000000
POLICY PR�
JECT �oc Ben. imil/2mi1
AUTOMOBILE LIABILITY
COMBINEDSWGLELIMIT $ 1000000
B X ANYAUTO 38SBABM1366 12/18/06 12/18/07 iEaaccident)
ALL OWNED AUTOS
BODILY INJURY �
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
X NON-OWNED AUTOS BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACHOCCURRENCE $ ZOOOOOO
C X OCCUR � CLAIMSMADE 3g��0972 12/18/06 ZZ��.H�O7 AGGREGATE $].00OOOO
s
DEDUCTIBLE
5
X REfENTION $ ].00OO
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY X TORY LIMITS ER
A ANYPROPRIEfOR/PARTNER/EXECUTIVE 38�CDX2787 IZ�ZS�O6 12�]_H�O% E.L.EACHACCIDENT $ SOOOOO
OFFICER/MEMBER EXCLUDED?
If yes, describe under E.L. DISEASE - EA EMPLOYE $ 5 Q Q Q � �
SPECIAL PROVISIONS below
OTHER
E.L.DISEASE-POLICYLIMIT S 500000
D PROFESSIONAL E&O 68038455 01/O1/07 O1/01/08 PROF E&O 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
THE CITY OF FORT WORTH TEXAS, IT'S EMPLOYEES ARE SHOWN AS ADDITIONAL INSURED
WITH RESPECTS TO THE GENERAL LIABIITY AND AUTO LIABILITY WITH WAVIER OF
SUBROGATION, FOR THE WORK OF THE INSURED ON VARIOUS PROJECTS UNDER THE
CONTRACT 2007 STREET MAINTENANCE PROGRAM MANAGEMENT AND INSPECTION SERVICES
AWARDED TO THE INSURED.
CERTIFICATE HOLDER ��„�..�� � „T�,,.,
THE CITY OE FORT WORTH TEXAS
1000 THROCKMORTON STREET
FORT WORTH TX 76102
FTWORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIi
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8UT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ATIVE
25 (2001/08) O ACORD CORPORATION 19
City of Fort Worih, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/8/T�007
DATE: Tuesday, May 08, 2007
LOG NAME: 20SRLS/ENG REFERENCE NO.: C-22110
SUBJECT:
Authorize an Engineering Services Agreement with SRLS Texas, LLC, for Engineering, Construction
Management, Inspection,Testing, and Quality Control for the City of Fort Worth 2007 Contract Street
Maintenance Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an Engineering Services
Agreement with SRLS Texas, LLC, for an amount not to exceed $1,090,020.00 for engineering,
construction management, inspection, testing, and quality control for the 2007 Contract Street Maintenance
Program with an option to renew for an additional year, if agreeable to both parties.
DISCUSSION:
The proposed engineering services agreement includes the preparation of contract specifications,
construction management, inspection, testing, and coordination between City departments, utility
companies and the public for the 2007 Contract Street Maintenance Program. Based upon review of
written statements of qualifications and interviews, SRLS Texas, LLC, was selected as the best qualified
firm to perform this work.
SRLS Texas, LLC, has proposed to perform the necessary work based on hourly rates for an amount not
to exceed $1,090,020.00. City Staff considers this fee to be fair and reasonable for the scope of services to
be performed.
SRLS Texas, LLC, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE
participation. The City's goal on this project is 15 percent.
This project is located in all COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, on a
project by project basis of the various Contract Street Maintenance Funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Logname: 20SRLS/ENG
FROM Fund/Account/Centers
C293 SVARIOUS 20VARIOUS $1,090.020.00
Marc Ott (8476)
Robert Goode (7804)
George Behmanesh (7914)
Page 1 of 1