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HomeMy WebLinkAboutContract 40269CITY OF FORT WORTH, TEXAS CITY SECRETARY CONTRACT NO. a STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and I<imleV-Horn and Associates, Inc. (the "ENGINEER"), for a PROJECT generally described as: Ryan Place Neighborhood Traffic Calming Desiqn 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, 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 OFFICIAL RECORD 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The 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 signcantly 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 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, 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 is incorporated into the record drawings. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an 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: premises/operations, products/completed 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 commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officersI directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee 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 pursuant 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 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) GENERAL INSURANCE REQUIREMENTS a. 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. 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 documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 AFFICIAL RECORC? CITY SECRETARY '17 NORTH, TX g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 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 CITY may request the ENGINEER to assist 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D 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. The CITY will perform, at no City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 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 prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 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 services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 16 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. C. D. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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. Force Majeure The ENGINEER is not responsible fc caused by acts of God, strikes, lockouts, control of the ENGINEER that preVE obligations hereunder, Termination damages or delay in performance accidents, or other events beyond the It ENGINEER's performance of its (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 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: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 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, c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, 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 failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 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. Severability Cl" Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 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 Standard Agreement for Engineering Services Attachment D — Project Schedule Attachment E — Location Map Executed this the Flo day of , 201b ATTEST: Marty Hendri City Secretary APPROVED AS TO FOR Amy Ramsey " Assistant City Attorney ATTEST: Cani:racf� �uthoriaatiol� Date — - City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 CITY OF FORT WORTH ndo Costa istant City Manager PROVAL RECOMMENDED William A. V�rkest Director, Transportation &Public Works Department KIMLEY-HORN AND ASSOCIATES, INC. By: e Glenn A. Gary Senior Vice President �FFICIA�. RECOR® CITY SECRETARY T. WORTH, TX ATTACHMENT "A" SCOPE OF SERVICES RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN FORT WORTH, TEXAS PROJECT UNDERSTANDING The ENGINEER understands that the CITY is requesting professional services for the design of traffic calming improvements within the Ryan Place neighborhood. The project generally consists of the preparation of construction plans and bid documents of the following improvements: 1. Elizabeth Blvd. and S. Adams St. —neighborhood traffic circle 2. Elizabeth Blvd. and Willing Ave. — neighborhood traffic circle 3. Elizabeth Blvd. and 5th Ave. — neighborhood traffic circle 4. Cantey Street (between Ryan Ave. and Willing Ave.; between 6th Ave. and 5th Ave.; between Ryan Place Dr. and S. Adams St.) — traffic chicanes 5. James Ave. and Cleburne Rd. — intersection realignment 6. 5th Ave. and Ryan Place Dr. — intersection realignment The project will also sidewalks and sidewalk ramps (if necessary), signs and markings, traffic control, landscape, irrigation and bidding and construction contract administration services, and meetings with the Ryan Place Neighborhood Association. This scope of services will provide the CITY with the design plans and contract documents for the construction of the proposed traffic calming improvements. SCOPE OF SERVICES If services beyond those defined in this scope are required, the CITY and ENGINEER shall attempt to negotiate a written amendment to this Agreement. ENGINEER shall not proceed with work on any additional services prior to the CITY and ENGINEER executing a written amendment. The Scope of Services includes the following primary tasks: • Task 1 —Project Management • Task 2 —Design Survey • Task 3 — Preliminary Design • Task 4 — Final Design • Task 5 — Bidding Task 1 —Project Management Project management will occur throughout the duration of the Project. The ENGINEER will provide the following project management services: ■ Develop communication plan including project contact list. ■ Coordinate with survey subconsultant. ■ Prepare and e-mail bkweekly progress reports to the project team (CITY and Engineer's staff). ■ Prepare and update project schedule. ■ Conduct progress meetings to monitor the development of the project. The ENGINEER will prepare for and attend up to: Four (4) meetings with the CITY regarding project status and coordination issues. The first meeting will be the project kick-off meeting. Three (3) meetings with the CITY regarding project scope and fee. Two (2) meetings with the Ryan Place Neighborhood Traffic Committee. One (1) public meeting with the Ryan Place Neighborhood Homeowner's Association. Task 2 —Design Survey The ENGINEER (through its subconsultant — Gorrondona &Associates, Inc. (MWBE)) will provide the following design survey services: • Ground survey to identify and locate existing topographic elements for the project limits. The limits of survey shall include the following: ■ Traffic circles along Elizabeth Blvd. —from the approach curb returns within the ROW; ■ Cantey St. — within the ROW between Ryan Ave. and Willing Ave.; within the ROW between 6th Ave. and 5th Ave.; and within the ROW between Ryan Place Dr. and S. Adams St. ■ James Ave. and Cleburne Rd. — along James Ave. within the ROW for approximately 200 feet south of Cleburne Rd. ■ 5th Ave. and Ryan Place Dr. — along 5th Ave. within the ROW for approximately 200 feet north of Ryan Place Dr. • Ground survey shall consist of all visible existing features above ground level. These features shall include, but are not limited to, telephone poles, power poles, utilities, utility markers, fences, retaining walls, water meters, detector check valves, manholes, vaults, sprinkler heads, structures, culvert pipes, buildings, trees (6" caliper and up) and any other facilities in close proximity to the construction. • Coordinate with franchise utility companies to locate and mark their utilities prior to performing the field survey. • Prepare digital terrain model (DTM). • Tie all public improvements to existing CITY monument system. • Prepare a final topographic drawing in digital format (including contours and breaklines) showing the features located in the field. Task 3 —Preliminary Design 30% Preliminary Design (Concept Level) The ENGINEER will provide the following preliminary design services to prepare 30% preliminary plans at an appropriate scale on 11 "x17" sheets that include the following: • Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing and proposed driveways, existing utilities, existing rights -of --way and 2of11 easements, existing and proposed sidewalk and curb ramps, proposed curb line, and proposed pavement markings on plan sheets. • Create base drawing file to include the survey line work, existing City and franchise utilities, and drainage facilities. • Conceptual landscape plan and rendering for two (2) alternatives for a typical traffic circle and two (2) alternatives for a typical traffic chicane. The concept plan will include plan view and typical section for each alternative. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Submit one (1) set of .PDFs to the CITY. The 30% design submittal shall include the following: ■ Preliminary roadway plan sheets; ■ Conceptual landscape plans and renderings; and ■ Preliminary opinion of probable construction cost. 60% Preliminary Design The ENGINEER will provide the following 60% preliminary design services upon acceptance of the 30% preliminary plans by the CITY. The ENGINEER shall prepare 60% plans at an appropriate scale on 11 "x17" sheets. • Edge of existing pavement, existing structures, mailboxes, water meters, utility poles, fire hydrants, existing and proposed driveways, existing utilities, existing utility adjustments to valves, fire hydrants and meters, existing rights -of -way and easements, existing and proposed sidewalk and curb ramps(if necessary), proposed curb line, and proposed pavement markings on plan sheets. • The location, size, and species of all trees and shrubs within the limits of street right-of-way, drainage, slope or temporary construction easements. If due to the density of the growth it is impractical to show all trees and shrubs, the limits of dense stands of trees and shrubs will be shown. In any case, all trees six inches (6") in diameter, or larger, shall be shown, unless directed otherwise. Engineer shall indicate on the plans those trees that are to be removed and those trees to be preserved. • Prepare dimensional control layout to include the proposed alignments, alignment data, and control points. Coordinates shall be tied to CITY benchmarks and monuments. • Prepare landscape planting plans and details for the City approved concept plan submitted in Task 2. Landscape design shall be in accordance with City of Fort Worth Standards. • Prepare irrigation plans and details for areas to include landscaping and/or sod in accordance with City of Fort Worth Standards. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Develop preliminary traffic control plan narrative of the suggested sequence of construction. Develop details to clarify intent of construction sequencing in accordance with City of Fort Worth Standards. • Pavement markings, striping, and signing plans. • Collect relevant data for the project from the CITY. Data collection shall include: existing plans, maps, field notes, design criteria, applicable City Ordinances, and City design standards. • Perform up to two (2) project site visits during preliminary design. • Submit one (1) set of .PDFs to the CITY. The 60% design submittal shall include the following: ■ Preliminary roadway plan sheets; ■ Preliminary signs and pavement marking plans; ■ Preliminary landscaping and irrigation design plan sheets; ■ Preliminary traffic control plan narrative and details; and ■ Preliminary opinion of probable construction cost. Task 4 -Final Design The ENGINEER will provide the following final design services upon acceptance of the 60% preliminary plans by the CITY. The ENGINEER shall prepare 90% plans and final plans at an appropriate scale on 11"x17" sheets. The ENGINEER shall also prepare contract documents, specifications, and special provisions. Final design shall include the following: • Standard CITY title page with location map and revision block in the lower right corner showing date of revision, description of revision and initials of the ENGINEER authorizing the revision. • Detail and standard sheets for the related elements of the Project. • Prepare general notes. • Prepare contract documents including the following: ■ City of Fort Worth standard construction contract forms; ■ Notice to bidders; ■ Special instructions to bidders; ■ Bid form; ■ Performance bond; ■ Payment bond; ■ Maintenance bond; ■ Certificate of insurance; ■ General conditions; ■ Special provisions; and ■ Technical specifications. • An opinion of probable construction cost using recent average unit prices which are representative of similar types of construction in the local area. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions • Street addresses of all properties adjacent to Project. • Plan sheets for signs and pavement markings in accordance with the City of Fort Worth Standards. • Develop traffic control phasing plans in accordance with the City of Fort Worth Standards. Develop detour routes if necessary. • Perform up to two (2) project site visits during final design. • Submit two one (1) set of .PDFs to the CITY. Submit five (5) sets of full-size final design plans to the CITY. 90% and Final Design submittal shall include the following: ■ 90% and Final Plans: Cover sheet Index sheet Project control sheet - Roadway plan sheets 4of11 Pavement marking and signing plan sheets Landscaping and irrigation design plan sheets Traffic control plans City of Fort Worth standard detail sheets Detail sheets Opinion of probable construction cost ■ Contract Documents. Task 5 —Bidding The ENGINEER will provide the following bidding phase services: • Reproduce up to thirty (30) 11 "x17" plan sets and contract documents. Additional Services Services below shall be considered additional and shall be performed on an individual basis upon authorization by the CITY. Such services shall include, but are not limited to, the following: 1. Signal Design 2. Additional Bidding Phase Services 3. Construction Contract Administration Services 4. Establishing additional horizontal or vertical control beyond scope identified above 5. Construction Staking 6. ROW and/or easement negotiation and acquisition T Redesign to reflect project scope changes requested by the CITY, required to address changed conditions or change in direction previously approved by the CITY, mandated by changing governmental laws, or necessitated by the CITY's acceptance of substitutions proposed by the Contractor 8. Environmental assessment, permitting, or remediation 9. Design of any drainage improvements 10. Utility Relocation design beyond the improvements identified above 11. Retaining wall design 12. Preparation of SWPPP 1I Parcel exhibits 14. Additional plan submittals beyond the number identified above 15. Franchise Utility Coordination ATTACHMENT "B" COMPENSATION RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN FORT WORTH, TEXAS I. PROFESSIONAL ENGINEERING SERVICES For all professional engineering services detailed in Tasks 1 — 5, included in ATTACHMENT "A" (Scope of Services, Ryan Place Neighborhood Traffic Calming )esign), the CITY agrees to pay the ENGINEER a lump sum fee of $78,000. The breakdown for basic and special engineering services for the lump sum tasks is presented in Exhibit BA, II. BASIS FOR COMPENSATION The lump sum fee includes labor costs and direct expenses identified in this contract, as well as items such as in-house duplicating, printing, facsimile, local mileage, telephone, postage, and computer expenses. The ENGINEER shall be paid monthly based on statements submitted to the CITY for the work accomplished during the preceding month. Monthly statements for lump sum services will be based upon a reasonable estimation of percent complete. 6of11 EXHIBIT "B-1" FEE BREAKDOWN FOR BASIC AND SPECIAL SERVICES RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN BASIC SERVICES Kimlev-Horn and Associates. Inc. Task 3 -Preliminary Design (Paving) Task 4 - Final Design (Paving) Subconsultant -Kittelson &Associates Inc. Task 3 -Preliminary Design (QC/QA) SPECIAL SERVICES Kimley-Horn and Associates. Inc. Fee Type Lump Sum Lump Sum Lump Sum Subtotal (Basic Services) Task 1 -Project Management Task 2 - Design Survey Task 3 - Preliminary Design (Landscaping) Task 3 - Preliminary Design (Irrigation) Task 3 - Preliminary Design (Traffic Control) Task 4 - Final Design (Landscaping) Task 4 - Final Design (Irrigation) Task 4 - Final Design (Traffic Control) Subconsultant -Kittelson &Associates Inc. Task 1 -Project Management Subconsultant - Gorrondona and Associates Inc. Task 2 -Design Survey Subconsultant - Alphagraphics #83 (ML Holding, Task 5 -Bidding Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Subtotal (Special Services) Fee %Total $19,500 $111300 $2,500 $33,300 $9,300 $1,425 $4,600 $2,400 $1,000 $6,700 $3,000 $2,100 $2,500 $44,700 (57.3%) 000 TOTAL $78,(100.0%) EXHIBIT "B-2" MNVBE SUMMARY RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN Task Description Fee M/VIIBE (%) Task 1 —Project Management $11,800 $0 Task 2 —Design Survey $11,300 $9,575 (12.3%) Task 3 -Preliminary Design $30,000 $0 Task 4 —Final Design $22,800 $0 Task 5 -Advertising/Bidding $2,100 $2,100 (2.7%) Total Project $78,000 $11,675 (15.0%) M/WBE Subconsultant Services Fee Gorrondona and Associates, Inc. Survey $9,575 Alphagraphics #83 (ML Holding) Printing/Reproduction $2,100 Total $113676 M/WBE Subconsultant Services Fee Kittelson &Associates, Inc. Public Meetin /Qualit Control $5,000 Total $5,000 This attachment is provided for informational purposes only to show the projected plan to meet the M/WBE goal of 15%. The actual dollars paid by the ENGINEER to M/WBE subconsultants may vary for each task as well as for each subconsultant. The subconsultants listed are those intended for use on this project, but the actual subconsultants used may vary. ATTACHMENT "C" AMENDMENTS TO STANDARD AGREEMENT RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN FORT WORTH, TEXAS No modifications to the Standard Agreement were necessary for this project. ATTACHMENT "D" SCHEDULE RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN FORT WORTH, TEXAS The ENGINEER will complete Tasks 1-5 in the scope of services outlined in ATTACHMENT "A" within eight (8) months following receipt of Notice to Proceed from the CITY, independent of City review time. The schedule for Tasks 5 shall be a mutually agreeable schedule to be determined just prior to beginning construction. 10of11 ATTACHMENT "E" LOCATION MAP RYAN PLACE NEIGHBORHOOD TRAFFIC CALMING DESIGN FORT WORTH, TEXAS � W w D Q �- CARLC]C JE$SAN1IN EL ZA T z w z _ z w Q LO DE � B11M/IE BE�'R RT w CITY OF FORT WORTH All I Ill, III L;iI THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL. To: Randy Burkett (underline appropriate one) Proiect Manager Buyer Department Director From: Rosalyn McDonald 6105 M/WBE Office Staff OV KIV%Extension Date; April 6, 2010 In the Amount of $78,000.00 TPW=01452 Project/Bid: Ran Place Nei hborhood Traffic Calmin Desi n 1. Compliance with the City's M/WBE has been achieved by one of the following methods; a). Kimley-Horn and Associates is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal on this project is 16%. compliance with the City's M/WBE Ordinance by committing to 070 M/WBE participation and documenting good faith effort. identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 0%. c). is in compliance with City's MNVBE Ordinance by documenting good faith effort. The City's goal on this project is 0%. d}. is in compliance with City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is 0%. 91 2. The apparant low dollar bidder (s► did not comply with the City's MlWBE Ordinance because; OS/I 1/99 OfFlcial site of the City of Fort Worth, Texas COUNCIL ACTION: Approved on 5/11/2010 REFERENCE 20RYAN PLACE ** DATE: 5/11/2010 NO ; C-24209 LOG NAME: NEIGHBORHOOD TRAFFIC CALMING PROGRAM CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the Execution of an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $78,000.00 for the Preparation of Plans, Specifications and Estimate for Traffic Calming in the Ryan Place Neighborhood (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement with Kimley-Horn and Associates, Inc., in the amount of $78,000.00 for the preparation of plans, specifications and estimate for a traffic calming design in the Ryan Place Neighborhood. DISCUSSION: The 2004 Capital Improvement Program Intersection Improvements promotes efficient traffic flow by using traffic calming devices to reduce speeds and cut through traffic on neighborhood streets. The Ryan Place Neighborhood Association developed a traffic calming plan in accordance with City requirements in September 2008. Kimley-Horn and Associates, Inc., has been selected to develop the necessary plans, specifications and estimate to help implement the traffic calming plan. Kimley-Horn and Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal for this project is 15 percent. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers C200 531200 203390145230 $78.000.00 Fernando Costa (6122) William Verkest (7801) Randy Burkett (8712)