HomeMy WebLinkAboutContract 37176 CITE` SECRETARY
CITY OF FORT WORTH, TEXAS CChJTRACT NO. 3771
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and LopezGarcia
Group, Inc. (the "ENGINEER"), for a PROJECT generally described as: Engineering Services
for the design of East Rosedale Street from IH-35W to US 287.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the CITY sufficient documentation to reasonably
substantiate the invoices.
(2) 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 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 rabi ty to CITY-for delays or damages caused the
ENGINEERING CONTRACT(REV 4/14/05)
Page 1 of 15 `_,
ORIGINAL
06-04-08 P12: 21 IN
delays or damages caused the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering representative under
this Agreement, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of skill
and diligence normally employed in the State of Texas by professional engineers or
consultants performing the same or similar services at the time such services are
performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the CITY concerning
the results of same. 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 th the PROJECT-described herein.
ENGINEERING CONTRACT(REV 4/14/05)
Page 2of15
�I?y
...:L� U.. 1:o k
P
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on-site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If,
for any reason, the ENGINEER should make an on-site observation(s), on the
basis of such on-site observations, if any, the ENGINEER shall endeavor to
keep the CITY informed of any deviation from the Contract Documents coming
to the actual notice of ENGINEER regarding the PROJECT.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(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
ENGINEERING CONTRACT(REV 4/14/05)
S
Page 3 of 15
control over cost or price of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time or quality of
performance by third parties; quality, type, management, or direction of
operating personnel; and other economic and operational factors that may
materially affect the ultimate PROJECT cost or schedule. Therefore, the
ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction progress
payments to the construction contractor will be based on the ENGINEER's knowledge,
information, and belief from selective sampling and observation that the work has
progressed to the point indicated. Such recommendations do not represent that
continuous or detailed examinations have been made by the ENGINEER to ascertain
that the construction contractor has completed the work in exact accordance with the
Contract 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 are incorporated into the record drawings.
I. Minority and Woman Business Enterprise (M/WBE) 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.
ENGINEERING CONTRACT(REV 4/14/05) i b
n
Page 4 of 15
„- r
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of
the ENGINEER involving transactions relating to this contract. ENGINEER
agrees that the CITY shall have access during normal working hours to all
necessary ENGINEER facilities and shall be provided adequate and appropriate
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 subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3) hereof.
CITY shall give subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the CITY certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior
to commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$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
ENGINEERING CONTRACT(REV 4/14105)
Page 5 of 15
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
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 ENG ' insura79 policies. Notice shall be sent to the
respective Depart ei, irector b }name , City of Fort Worth, 1000
, � ( Y ) Y
ENGINEERING CONTRACT(REV 4/14/05)
Page 6 of 15 1..
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.
(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.
Q) 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.
(1) 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.
ENGINEERING CONTRACT(REV 4/14/05)
Page 7of15 vfT�V'JG-'�
Y
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of
any existing conflicts of interest or potential conflicts of interest, including personal
financial interest, direct or indirect, in property abutting the proposed PROJECT and
business relationships with abutting property cities. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest 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
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The ENGINEER
may rely upon the accuracy, timeliness, and completeness of the information provided
by the CITY.
B. Access to Facilities and Property
ENGINEERING CONTRACT(REV 4/14/05)
Page 8 of 15
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety equipment
as required by the ENGINEER for such access. The CITY will perform, at no cost to
the ENGINEER, such tests of equipment, machinery, pipelines, and other components
of the CITY's facilities as may be required in connection with the ENGINEER's
services. The CITY will be responsible for all acts of the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and
pay for all advertisements for bids; permits and licenses required by local, state, or
federal authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as
the CITY deems appropriate; and render in writing decisions required by the CITY in a
timely manner in accordance with the project schedule in Attachment 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 -
ENGINEERING CONTRACT(REV 4/14/05)
Page 9of15
1
The CITY agrees to include in all construction contracts the provisions of Article IV.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing
contractor indemnification of the CITY and the ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction
contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have
no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken-,or,-defended by the CITY. In the event CITY requests such
ENGINEERING CONTRACT(REV 4/14/05)
Page 10 of 15
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a
written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. Reuse, change, or
alteration by the CITY or by others acting through or on behalf of the CITY of any 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 i erminated for the convenience of the CITY, the
ENGINEERING CONTRACT(REV 4/14/05)
Page 11 of 15
I ��
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing storage containers, microfilm,
electronic data files, and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time the CITY'S termination for convenience so that the
work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEERSs compensation will be
made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost,
or expense claimed by third parties for property damage and bodily injury,
including death, caused solely by the negligence or willful misconduct of the
ENGINEER, its employees, officers, and subcontractors in connection with the
PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable) is a cause of such damage or
injury, the loss, cost, or expense shall be shared between the ENGINEER and
the CITY in proportion to their relative degrees of negligence or willful
misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4)
(Vernon Supplement 1996).
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior written
consent of the other party.
ENGINEERING CONTRACT(REV 4/14/05)
Page 12 of 15 ��^
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.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if both
parties acting reasonably agree that the amount of the dispute is likely to be less
than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall
be in accordance with the Construction Industry Arbitration 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;-ittalt or unenforceable provision had never been
ENGINEERING CONTRACT(REV 4/14/05)
Page 13 of 15
n
contained herein. Articles V.F., VI.B., VIR, 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 VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C—Amendments to Article VI ^ —
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Jz@
ENGINEERING CONTRACT(REV 4/14/05) , u '?:•mot 1.'u
Page 14 of 15
ATTEST: CITY OF FORT WORTH
)r" &;k� -
Marty Hendrix Fernando Costa
City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND LEG ITY
G
Amy Kam Ify
Gre i o , P.E., Acting Director
Assistant A orney Tra ion/Public Works
ATTEST: LOPEZGARCIA GROUP, INC.
Cont ~A>;thorizatiox
51
ENGINEERING CONTRACT(REV 4/14/05)
Page 15 of 15
E.ROSEDALE
Attachment A
Scope of Services
E. ROSEDALE ST. from IH-35W to US 287
The work to be performed by LOPEZGARCIA GROUP (hereinafter referred to as "the
Engineer") under this contract consists of providing Engineering services required for the
modifications of E. Rosedale St. from IH35 to US 287.
PS&E Development
1. Roadway Design
1.1. Finalize Earthwork Cross Sections
I.I.I. The Engineer shall update the earthwork cross sections to reflect the rerun
sections and the sections previously approved for final design.
1.2. Roadway Design Controls (FC 160)
1.2.1. The Engineer will update the plan and profile drawings using Microstation V8
standards as required by the State. The Engineer shall address State comments
and update the construction cost estimate.
1.2.2. Sheet Changes (Modifications)
A. Title Sheet
B. Index of Sheets (2) Sheets
C. Typical Sections
D. Traffic Control Summaries
E. Roadway Summaries
F. Earthwork Summaries (2) Sheets
G. Pavement Marking and Driveway Summary
H. Traffic Signal and Bridge Summary
I. SW3P and Drainage Summary
J. Sign Summary
K. Traffic Control Narrative
L. Construction Phasing
M. Traffic Control Limits of Construction
N. Traffic Control Phase 1
0. Traffic Control Phase 2
P. Traffic Control Phase 3
Q. Traffic Control Phase 4
R. Paving Layout —�-
S. Control Point Data J r j ;; ',.l S'%,7 K'J'
T. Alignment Data
U. Removal Layout
V. Median Layout
W. Grading Layout
X. Storm Drain Plan/Profile
Y. Laterals
Z. Utility Lavouts
E.ROSEDALE
Attachment A
Scope of Services
E. ROSEDALE ST. from IH-35W to US 287
AA. Retaining Wall layouts
BB. Special Shoring
CC. Lighting Sheets
DD. Plan/Profile Layout Sheet
EE. Drainage Area Map
FF. Pavement Markings
GG. SW3P
HH. Update Estimate
II. Update X-sections on moving the sidewalk
JJ. Modify X-sections for the full length
1.2.3. Meetings
Discuss changes with TxDOT/City
2. Items not included in this Scope:
1.0 No environmental permitting will be required at the bridges, TxDOT is usually
responsible for this
s
Attachment B
COMPENSATION
The ENGINEER shall be compensated a total lump sum fee of $120,405.80 for the
project. Payment of the lump sum fee shall be considered full compensation for the
services described in Attachment A for all labor, materials, supplies, and equipment
necessary to complete the services.
The ENGINEER shall submit monthly invoices to the City for all work performed under this
agreement set forth in Article III, Terms of Payment. The monthly invoices will contain a
description of the tasks performed for that particular month, percent complete for each
task, amount budgeted for each task, portion of budget amount expended, previous billing
totals, and totals for invoice.
Pagel of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/27/2008
DATE: Tuesday, May 27, 2008
LOG NAME: 20EROSEDALE2 REFERENCE NO.: C-22826
SUBJECT:
Authorize Execution of an Engineering Services Agreement with LopezGarcia Group, Inc., in the
Amount of $120,405.80 for the Design of East Rosedale Street from Interstate Highway 35W to US
Highway 287 (Project No. 00138R)
F
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
agreement with LopezGarcia Group, Inc., in the amount of $120,405.80 for the design of East Rosedale
Street from Interstate Highway 35W to US Highway 287.
DISCUSSION:
The 2000 Critical Capital Program and the 2004 Capital Improvement Program included funds for East
Rosedale Street, from Interstate Highway 35W(IH-35W)to US Highway 287 (US287).
LopezGarcia Group, Inc., was under contract with the Texas Department of Transportation (TxDOT) to
design East Rosedale Street from IH-35W to US287. However, due to the State's funding shortfall, TxDOT
recently stopped design work on the project and delayed the construction of the on-system portion of the
project from Riverside Drive to US287. If the project is not let by TxDOT by August 2008, the State's
funding could be delayed past Fiscal Year 2009. In order to continue with the project, the City will execute
an agreement with LopezGarcia Group, Inc., to complete the construction package for East Rosedale Street
from IH-35W to US287 for an August 2008 letting by TxDOT.
LopezGarcia Group, Inc., proposes to complete the final plans and specifications for a lump sum fee of
$120,405.80. City Staff considers this fee to be fair and reasonable for the scope of services to be
performed.
HISTORY
On November 27, 1990, (M&C G-8922) the City Council adopted a resolution accepting State Department
of Highways and Public Transportation Commission Minute Order 90823 for the reconstruction of East
Rosedale Street from IH-35W to US287 as a six-lane divided arterial street. LopezGarcia Group, Inc., was
selected by TxDOT to design the roadway.
On January 19, 2006, (M&C G-15064) the City Council authorized payment in the amount of $257,167 to
the Texas Department of Transportation to modify the plans to narrow the center median and provide wider
parkways to make the street more pedestrian friendly.
On June 6, 2006, (M&C G-15225) the City Council adopted Resolution No. 3361-06-2006 requesting that
the Texas Transportation Commission remove East Rosedale Street from IH-35W and Riverside Drive from
the US/State Highway System.
On June 12, 2007, (M&C C-22169) the City Council authorized the execution of an engineering services
agreement with LopezGarcia Group, Inc., in the amount of $87,632.00 for the design of drainage
improvements to meet City standards of 100-year storm frequency protection. TxDOT drainage design
ittp://apps.cfwnet.org/council_packet/Reports/Mq_print.asp 5/28/2008
Page 2 of 2
standards are limited to the 25-year design frequency. The upgraded scope of work includes four additional
culverts, channel construction, and storm drain and channel improvements near the tributary to Sycamore
Creek.
LopezGarcia Group, Inc., is in compliance with the City's M/WBE Ordinance by committing to six percent
M/WBE participation. The City's goal on this amendment is six percent.
This project is located in COUNCIL DISTRICT 8, Mapsco 77K and L.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the
Critical Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C116 531200 020116021216 $120,405.80
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: Greg Simmons (7862)
Additional Information Contact: Jim Walker(8009)
ittp:Happs.cfwnet.org/council_packet/Reports/Mc_print.asp 5/28/2008
East Rosedale Street (I1-1-35W to US 287)
1
Lb DA -
} E 8ROADWA,Y
HII 9 , ST WA
T
�B ES Eim
r ETUPKERI
�C E NIE
r E A 7T1 2$7
A�VI11 �
2° L �lI7
E TEIk LL
Hum8A 6 T A
A
A AVE 0
Ak E YIE E
A E
I
IA IRMAIRMA..
M 3� Q E MAGNOLIA � au
N
E RILE rn
> x
LEN ' E AL EIS I z
0- -A
ODDOL-
E J EF F Eft N
E RI HMOND z W �
E BALTI MOPE }
mr
EAR N T 1 C7 m
E DA qt E DA
HAR EY
E PQ L L E L