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HomeMy WebLinkAboutContract 41631 (2)City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 1 of -15 CITY OF F RT WORTH, TEXAS CITY SECRETARY P`ON7RACT No SaLs STANDARD AGREEMENT FOR ENGINEERING RELA T E•D 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 Kimley-Horn and Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Traffic Signal Designs for Camp Bowie West Boulevard at Longvue Avenue and Montgomery Street at Lovell Avenue. Article 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, diritiAL RECORD CITY SECRETARY FT. WORTH, TX 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 Fngineer 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 CITYM -�� WORTH, TX. (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. 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 nterprise (MIWBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/VVBE goal established for this contract and its accepted written commitment to M/VVBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 4 of 15 OFFtt�"$ IAZs'it RECORD CITY >>` 'L?' Ei TARY Ft WORTH, TX r 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. 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 Tess 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 o RECORD • CITY SECRETARY FT. WORTH, TX 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, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (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. 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. 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. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. 1- 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 CiW Amendments to Article V, if any, are included in Attachment C A. Citycfurnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 OFF I L RECORD \ FT, W Jail, TX WV SECRETARY 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 II.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) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10of15 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. — OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 (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. 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 -` CITY SECRETARY FT. WORTH, TX 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. Co Force 6Viajeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may 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: 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 wilt be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 ±1 :;' to r t .. • , , - , If • 'i . _ _.% t .11 f_> { -a: �'!... .1 :} ! it • 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. 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 and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI . B., VI.D., VI . F., Vl . 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9 22.2010 Page 13 of 15 OFFICIAL L..._ r CITY SECRETARY Ft WORTH, TX 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 S tandard Agreement for Engineering Related Design Services P MO Official Release Date: 9.22.2010 Page 14 of 15 F�;?1'AN� s# r I3C:igi �t t+ ti 4 7: W.ct if17. • . ' (`' r.' F,la F ,. ", iPJ it :, ES c. t 0l t C 9' �{.jC.iL i Ki if . 1 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 ATTEST: atlee Marty Hendrix City Secretary da• day of 011. [NOM&C &C REQUIRED' CITY OF FORT WORTH APPROVED AS TO FOR By: Sit% By: 4i--2-Anarad&Z. 1,000 Fernando Costa "'� �w� o � Assistant City Manager O *A 8 eStsE G;,6att°prat APPROVAL RECOMMENDED ssis ant City Attorney %ifIxt?ate6cre City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 B Gr mTh .•ns, P.E. ActiDir:r, ctor Transportation Public V11 rks Department Kimley-Horn and Associates, Inc. Glenn Gary, P.E Principal By: ththitiLd and OFFICIAL ilulreitb CITY SECRETARY FT. WORTH, T ATTACHMENT "/C TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERIICES (REV 7127.200 ) PAGE 1 OF 7 ATTACHMENT "A" Scope for Engineering Design Related Services for Traffic Signal Warrant Study, Timing, and Design Traffic Signal Designs for Camp Bowie West Boulevard at Lonqvue Avenue Montgomery Street at Lovell Avenue The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to improve traffic operations and safety in and around the project intersections. WORK TO BE PERFORMED The following tasks will be completed as part of this project Task 1. Project Management Task 2 Traffic Signal Design TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources 1.2 Communications and Reporting ® For Task 2, the ENGINEER will attend a kickoff and chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. Conduct and document biweekly design team meetings. ® Prepare invoices and submit monthly in the format requested by theCITY.-A y CORD k Mi$4 M a:; • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. o With respect to coordination with permitting authorities, ENGINEER will communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER will work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. DELIVERABLES A. Meeting summaries with action items will be prepared for all meetings with CITY staff B Monthly invoices C. Monthly progress reports D Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. TRAFFIC SIGNAL DESIGNS. The traffic signal design will be submitted to the CITY per the approved Project Schedule. The ENGINEER will provide traffic signal design plans, specifications, and estimates (PS&E) for the following intersections: • Camp Bowie West at Longvue • Montgomery at Lovell The following activities apply for each intersection noted above, unless noted otherwise: 3.1 Short Report ENGINEER will prepare and submit a "short report" for the project intersections. 3.1.1 Data Collection • The ENGINEER may obtain hard copies of record drawings from the CITY. The record drawings should include but not be limited to the proposed roadway plans, right-of-way information, and utility plans. If available, the CITY will furnish the ENGINEER electronic copies of the CAD files of the existing record drawings or proposed construction plans. For current signalized intersections; thaeITY will furnish existing timing data. 1 °FR C1AL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT ' " TO STANDARD F=,GREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7727:12009) RAGE 2 OF 7 © Peak hour turning movement counts will be provided by the CITY. The ENGINEER will meet with the CITY in the field to discuss the electric service, communications, vehicle detection, and Opticom requirements at each intersection. All existing and proposed utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations, the record drawings provided by the CITY, and franchise utility locates. 3.1.2 Capacity Analysis The ENGINEER will perform a capacity analysis indicating level of service for each movement at each intersection. A capacity analysis report using the SynchroTM analysis software is preferred; however other capacity methods are acceptable. The ENGINEER will recommend the appropriate traffic signal phasing for each intersection with consideration to the capabilities of current CITY controller hardware and software operation functions. 3.1.3 Development of the Short Report for each intersection shall include the following: • Existing and/or projected traffic volumes; • Discussion of existing and proposed conditions; • Capacity analysis results; • Photo -log of intersection approaches; ® Recommendations for signal design, phasing, operations, illumination, and pedestrian accommodations, including a preliminary layout with cabinet, pole, and service placements; and ® Address any unusual conditions and provide recommendations to resolve these conditions. OFFICIAL RECORD CITY ';tFiCitETARY FT. WORTH, TX ATTACHMENT `Ar TO STANDARD AGREEMENT FOR ENGINEERING RELA1 ED DESIGN SERVICES (REV 7127i2009) PAGE 3OF7 ASSUMPTIONS The ENGINEER will prepare for and attend one (1) kick-off meeting with the CITY. The ENGINEER will determine the pedestrian and ADA requirements for each project intersection. ® Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will schedule franchise utility locates (DIG TESS) at each project intersection. The ENGINEER will create base plan sheets for signal plans from the record drawings, a limited topographic survey, and aerial photography provided by the CITY, if available. ® The ENGINEER shall submit 1-PDF submitted through Buzzsaw and up to 2 — 8.5" x 11" paper copies per intersection of the draft short report to the CITY. The ENGINEER will prepare for and attend one (1) review meeting with the CITY to receive and reach concurrence regarding the "short report" review comments. The ENGINEER will incorporate review comments and submit a final "short report" to the CITY (1 — PDF electronic copy; 2 — 8.5 x 11" paper copies per intersection). DELIVERABLES A. Documentation of key design decisions B. Draft Short Report C Final Short Report 3.2 Traffic Signal Design ENGINEER will prepare and submit a 90%, 99% and 100% plans, specifications, and estimates (PS&E) for each intersection as follows: The PS&E shall include the following: • Title Sheet Estimate Summary Sheet General Notes Sheet Existing Conditions Layout showing utility lines, illumination, signs, markings, and any removals (if necessary). Traffic Signal Design Layout (per intersection) showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons, controller cabinet assemblies signal heads, street lights, detector loops or other detection systems, conduit, ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams=; -pavement markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole kisis . CITY SECRETARY FT. WORTH, TX ATTACHMENT TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV /2712009) PAGE 4 OF ATTACHMENT `- " TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 7:2712009) PAGE 5 OF summary chart, phasing sequence, pole details, pole locations diagram, and all other items required for the complete construction of the signals. Signs and Markings Layout (per intersection) showing existing signs, proposed signs, existing striping, proposed striping, pavement markings summary chart, and sign summary chart. • Sidewalk Ramp Layout (per intersection) showing proposed sidewalk ramp layouts, CITY standard and special sidewalk ramp details, and sidewalk ramp quantities. e Geometric Modification Layout (per intersection — if applicable) showing roadway and/or driveway modifications. Interconnect and Service Layout (per intersection — if applicable) showing existing and proposed interconnect and service • Traffic Signal Standard Detail Sheets o Preliminary Opinion of Probable Construction Cost ASSUMPTIONS • The Plans, Specifications, & Estimate (PS&E) snail be prepared in accordance with the applicable requirements for CITY plans, details, specifications, standards, and manuals. • The ENGINEER will review the general notes supplied by the CITY for applicability and modify (if necessary) for the respective locations. The ENGINEER will identify any design exceptions to CITY Standards in the 90% design phase. • Existing traffic signal specifications and standards furnished by the CITY will be used for design plans, unless otherwise requested by the CITY in writing. These include: City of Fort Worth Transportation and Public Works "Traffic Signal Design Guidelines, November 2008". Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. Example City standard traffic signal construction details, specifications, and Contract Documents. • Record Drawings prepared by others (CITY or representative, TxDOT), aerial photography, and a limited topographic survey will be used as the basis for any designs associated with the PROJECT. The plans, standards and any special specifications will be prepared using English units. • All AutoCAD standards and level symbology will follow CITY requirements. • It is assumed that pedestrian related improvements will not exceed $50,000 for - Ithis project, therefore, a TDLR inspection and approval will not.be requIred jRD CITY SECRETARY 7T, WORTH, TX ATTACHMENT .K TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN) SERVICES (REV 7127;2009) Pi;GE6OF D o The CITY will provide determination for provision of cable TV drops, vehicle detection, and Opticom equipment. All intersections will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads to meet ADA requirements as requested by the CITY. o The ENGINEER will incorporate review comments and submit 90% PS&E traffic signal designs to the CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 — 11" x 17" paper copies). The ENGINEER will prepare for and attend one (1) review meeting with the CITY to receive and reach concurrence regarding the 90% PS&E review comments. The ENGINEER will incorporate review comments and submit 99% PS&E traffic signal designs to the CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 — 11" x 17" paper copies). ® The ENGINEER will incorporate review comments and submit FINAL (100%) PS&E traffic signal designs (1 — PDF electronic copy; 3 — 11" x 17" paper copies). The ENGINEER will prepare and submit the quantity estimates and engineer's opinion of probable construction cost spreadsheets prepared in Microsoft Excel for each intersection. The ENGINEER will provide the CITY a CD of the electronic AutoCAD traffic signal design files, quantity estimates, and engineer's opinion of probable construction costs for each intersection. FLIVERABLLS • 90% PS&E 99% PS&E 100% PS&E • CD of the electronic AutoCAD traffic signal design plans, quantity estimates, and engineer's opinion of probably construction costs for each intersection ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: Negotiation of easements/ROW or property acquisition. S ervices related to development of the CITY's project financing and/or budget. S ervices related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. OFFi;0310.1. CITY SECRETARY FT. WOR'r;j, TX Construction management and inspection services Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. ® Services related to damages caused by fire, flood, earthquake or other acts of God. o Services related to warranty claims, enforcement and inspection after final completion. O Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. o Performance of miscellaneous and supplemental services related to the project as requested by the CITY. OFFICIAL RECORD ts' .ii SECRETARY ATTACHMETIT 'A' TO STANDARD AGREEMENT FOR ENGIf IEERING RELY=. T EED DESIGN! SERVICES (REV 7/27:2009) PAGE 7 OF 7 ATTACHMENT B COMPFNSATION Design Services for Traffic Signal Designs for Camp Bowie West Boulevard at Longvue Avenue Iliontgomery Street at Lovell Avenue City Project No. 01087 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $23,500 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, Traffic Services Division, monthly progress reports and schedules in the format required by the City. City of Fort Worth. Texas Attachment B PMO Official Release Date. 5 19.2010 Page 1 of 3 Orar "if , r7 Tr of d b' - f tn.' a -2I B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Prime Consultant Kimley-Horn and Associates, Inc. Proposed M/WBE Sub -Consultants Non-M/WBE Consultants Primary Responsibility Traffic Signal Design Brittain & Crawford Topographic survey Project Number & Name TOTAL Total Fee $23,500 Fee Amount $20,000 ► 85.1 $3,500 $23;500 M/VVBE Fee $0 City M/VVBE Goal = 0% Consultant Committed Goal = 0% City of Fort Worth. Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 14.9% 100% M/VVBE % 0% CITY 5WR T RY FT. WORTH TX B-2 EXHIBIT "Bo1" ENGINEER INVOICE (supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth. Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 ®•{", M I1 f. l� rcC44D r.( Z 17 y�� ET. s��F �\ � � A B-3 Professional Services Payment Request Project: (Traffic Signals Designs (2) City Project #: 101087 1 City Sec Number: 1 Company Name: IKimley-Horn and Associates, Inc. Project Manager: I Homero Beltran Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Consultant's PM: (Scott R. Arnold, P.E. email: scott.arnoldOkimle\i-horn.com 1 Vendor Invoice #: Office Address 801 Cherry Street, Unit 11, Suite 950, Fort Worth, TX 76102 Payment Request #: 1 Telephone: 1817-335-6511 From Date: 1 Fax: 1817-335-5070 , To Date: 1 Invoice Date: 1 Remit Address:1 LOCK UNLOCK Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance Work Type 1 Traffic Signals Designs $23,500.00 $23,500.00 $23,500.00 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request $23,500.00 $23,500.00 $23,500.00 Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGI-ThEikin ,6 IT Design Services for Traffic Signal Designs for Camp Bowie West Boulevard at Longvue Avenue Montgomery Street at Lovell Avenue City Project No. 01087 There are no changes to the Standard Agreement City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 i .- • FT. WORTH, TA Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Attachment D - Project Schedule This PROJECT requires a Tier 2 schedule as defined herein and in the Cit 's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT'S understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assit z City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 a 1 1 • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 OFFJCIAL i sty . CITY SECRETARY FT. WORTH, TX ATTACIIMI=:NT � TRAFFIC SIGNAL DLSIGNS FOR CAMP BOWIE WEST AT LONGVUE MONTGOMERY AT LOVELL CITY PROJECT NO. 01087 F�RT°RTH LOCATION 1: CAMP BOWIE WEST AT LONGVUE (MAPSCO 72-Q) a glifin f PROPOSED TRAFFIC SIGNAL LOCATION 2: MONTGOMERY AT LOVELL (MAPSCO 75-M) ire. - ' +It ' f . isimaps iH � �)- r .-� z IO KE AVENUE 2 e W. �VICKERY BOULEVARD 0-1 . -Al ; I vi 0 :0 II sir' Ise • • PROPOSED TRAFFIC SIGNAL • 1 OFFECIAL RECORD CITY SECRETARY FT. Tv KJmley-I-lorr, and Associates, Inc, TOPE FIRM NO. 928 •