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HomeMy WebLinkAboutContract 44163 (2)CITY SECRETARY`I U 1 CONTRACT NO, PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT This PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT ("Agreement") is by and between the City of Fort Worth, hereafter referred to as "CITY" and CRIADO and Associates, Inc., hereafter referred to as "ENGINEER" and is effective as indicated, below. In consideration of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ARTICLE I SCOPE OF SERVICE A. Project The ENGINEER is hereby engaged by the City to perform in accordance with good Civil Engineering practices and in the best interest of the City. B. Description of Services The ENGINEER shall perform certain professional ENGINEERING and management services as requested until June 30 , 2014. Such services shall include, but not limited to: Level A Project Pre-Scoping and Construction Estimate Perform sufficient site investigation, traffic observation, likely stakeholder identification, cursory drainage observation to provide a Planning Construction cost estimate that takes into account the risk that is associated with the level of investigation involved in developing the estimate. These estimates will be used in helping to prioritize and select projects to include or drop out of future programs. Level B Project Scoping and Construction Estimate 1. Prepare a report with scope of work for engineering services and estimates of probable cost for new roadway projects, including: a. Description of existing facilities; b. Description of proposed project scope, size, and limits; c. Prepare an itemized list of tasks identified to deliver the project scope; d. General proposal requirements; e. Preparation of Exhibits describing proposed project improvements; and f. Estimate of Probable Construction Cost. 2. These services may include the following tasks, but are not limited to: a. Data collection of Existing Facilities; b. Site Visits and Field Verifications; c. Determine existing drainage patterns and outfalls; d. Evaluate existing system capacity for roadway, drainage and utilities; e. Determine ultimate system capacity for roadway, drainage an•._ _. iJiti=es;r_ f. Determine if environmental impact studies will be requi ed• g. Determine if FEMA modifications\permits will be requi f, OA , f h. Coordinate with Franchise Utilities for Potential Relocat o ..`� `vie, m CRIADO & Associates, Inc. — Engineering Agreement Page 1 of 9 i. Coordination with multiple depaitnients within the City of Fort Worth and other agencies to determine Future Infrastructure Needs; J. Coordinate with City to determine the need for traffic studies, traffic signalization, street lighting, bike lanes, sidewalks and other beautification requirements; k. Coordination with multiple departments within the City of Fort Worth and other agencies to determine Future Development; 1. Identify future survey needs, including ROW acquisition and easement needs. m. determination of future row needs; and n. Assist the CITY with other engineering related items. C. TASK ORDERS Prior to the commencement of any service to be preformed through a TASK ORDER, the CITY and ENGINEER shall mutually agree upon and execute a TASK ORDER for the specified service. The ENGINEER shall describe the services to be provided, the time for performance or the service, the fee provisions for the service and any provisions additional to this agreement. Execution by the CITY and ENGINEER of subsequent TASK ORDERS shall incorporate such subsequent TASK ORDERS into this agreement. ARTICLE II COMPENSATION A. Fees The ENGINEER is responsible to provide services on a reimbursable basis for each individual task order, an estimated average amount for each task order of $48,000, with a maximum of 10 task orders, with total compensation for up to and including all ten task orders not to exceed $480,000. The CITY agrees to compensate the ENGINEER from current funds according to a schedule of hourly rates, attached hereto as Exhibit 'A" and incorporated herein by this reference The rates in Exhibit "A" shall be in effect through the end of this Agreement. B. Payment for Services The ENGINEER shall provide monthly invoices, including the ENGINEER authorized, a summary of the services performed. Payment is due within 30 days after receipt of invoice for each service rendered C. Disputed Billing 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. If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. CRIADO & Associates, Inc. — Engineering Agreement Page 2 of 9 Article III Obligations of the ENGINEER A. General The ENGINEER will serve as the CITY'S professional 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 Engineering performing the same or similar services at the time such services are performed. C. Engineer's Authority Hie presence or duties of the ENGINEER'S personnel, 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. 'I he ENGINEER and its personnel have no authority to exercise any control over CITY employees in connection with their work. D. Opinions of Probable Cost 1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with the ENGINEER. 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. E. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings F. Small Business Enterprise (SBE) Participation for Professional Architectural and Engineering (A&E) Agreements In accord with the City of Fort Worth Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the SBE goal established for this contract and its accepted documented agreed upon SBE participation level of commitment 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 debainient from participating in City contracts for a period of time of not less than three (3) years CRIADO & Associates, Inc — Engineering Agreement Page 3 of 9 G. Right to Audit 1) ENGINEER agrees that the CITY shall until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section The CITY shall give ENGINEER reasonable advance notice of intended audits. 2) ENGINEER agrees 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. H. ENGINEER'S Insurance 1) Insurance coverage and limits: ENGINEER shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the project: Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of a project. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a claims -made basis and shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance CRIADO & Associates, Inc — Engineering Agreement Page 4 of 9 specifically referencing this project shall be submitted to the City for each year following completion of the contract. 2) Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with a project. a. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The Willi CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. b. certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. c. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. d. A minimum of forty-five (45) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER'S insurance policies. Notice shall be sent to the respective Depai lament Director (by name), City of Fort Worth, 1000 Throckmorton Fort Worth, Texas 76102. e. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of As VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. f. Deductible limits, or self insured retentions, affecting insurance required herein shall be acceptable to the CITY in its sole discretion; and, in heu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. g. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. h. The City shall be entitled, upon its request and without incurring expense, to review the ENGINEER'S insurance policies including endorsements thereto and, at the CITY S discretion; the ENGINEER may be required to provide proof of insurance premium payments i. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions in writing. j. For all lines of coverage underwritten on a claims -made basis, other than Professional Liability, the retroactive date shall be coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement and all insurance required in this section, with the exception of Professional Liability, shall be written on an occurrence basis CRIADO & Associates, Inc — Engineering Agreement Page 5 of 9 I. Independent Engineer 1 he ENGINEER agrees to perform all services as an independent consultant and not a subcontractor, agent, or employee of the CITY. Nothing herein shall be construed as creating a partnership or joint venture between the City and the ENGINEER, its officers, agents, employees and consultants, and doctrine of respondent superior has no application as between the City and the ENGINEER. J. 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 he signing of this contract and prior to final payment under the contract. Article IV Obligations of the City 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. C. 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 engineers as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule included in the ENGINEER. D. 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. E. 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. F. 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 CRIADO & Associates, Inc. — Engineering Agreement Page 6 of 9 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 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 foiui, are instruments of service for a project, whether a project is completed or not Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY'S sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination 1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. Phis AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. 2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; c.) The time requirements for the ENGINEER to document the work underway at the time the CITY'S termination for convenience so that the work effort is suitable for long time storage. 3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses 1 he CITY'S approval will be obtained in wasting 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 ENGINEER S compensation will be made. CRIADO & Associates, Inc — Engineering Agreement Page 7 of 9 F. Indemnification 1) In accordance with Texas Local Government Code Section 271.904, the ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. 2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4). 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. Alternate Dispute Resolution All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, may be submitted to mediation If mediation is unsuccessful, the claim, dispute or other matter in question may be submitted to a court of competent jurisdiction. K. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. L. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted during the term of this CRIADO & Associates, Inc — Engineering Agreement Page 8 of 9 AGREEMENT 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. EXECUTED and EFFECTIVE as of the date last written by a signatory, below. �1T.rss...so ‘1„ Fernando Costa Assistant City Manager APPROVED: City of Fort Worth ENGINEER CRIADO & Associates, Inc. Cristina Criado, PE PresidentlCEO DATE: 2/7/13 APPR VAL RECOMMENDED: Li Douglas W / iersig Director, Transportation/Public Works Department APPROV D AS TO FORM AND LEGALITY: Douglas W. Black Assistant City Attorney ATTEST: /2/ )71/ Mary J. Kaye City Secretary 4 ,C7► 1.0Qoa Opoo riAto % 0 % a40 o° frii 4' 124 ca4Uopnj 0° 42, �`to, c AS.,,,,t• DATE: p 2 - 0 M&C: L 1 z Date: t • is . / 3 a� Fpgp �a OFFICIAL RECORI ©UV SECRETARY do WORTH, i 2 IC CRIADO & Associates, Inc. — Engineering Agreement Page 9 of 9 1Y1W11....0 1\V Y 1b, YY ITY OUNCIL GENDA COUNCIL ACTION: Approved on 1/15/2013 DATE: CODE SUBJECT: 1/15/2013 NO.: C TYPE: Official site of the City of Fort Worth. Texas FORT WORTII **C-26056 LOG NAME: 20CRIADO ENG SERV AGREE CONSENT PUBLIC NO HEARING° Authorize Execution of an Engineering Services Agreement with Criado & Associates, Inc., in the Amount Not to Exceed $480,000.00 for Project Scoping and Cost Estimates for Future Transportation Capital Improvement Projects (ALL COUNCIL DISTRICTS) REFERENCE RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering services Agreement with Criado & Associates, Inc , in the amount not to exceed $480,000.00 for project scoping and cost estimates for future Transportation Capital Improvement Projects. DISCUSSION: This Agreement for professional services will provide task order engineering services associated with future Transportation Capital Improvement Projects (CIP). In preparation for the next city-wide CIP, engineering design services are needed to better define the scope and cost of proposed projects Creating better project definition and cost estimates enables a more effective program to be developed that assures projects are not underfunded and project delivery delayed. Pre -design scoping is also a first step in accelerating project delivery such that projects are ready for next step actions upon availability of full project funding. In addition to project acceleration accurate cost estimates provide for the possible inclusion of additional projects since cost estimates are more reliable and minimize the over programming of available resources Each task order will be negotiated based upon the number of projects and the anticipated scope of each individual project being evaluated. The total of all task orders will not exceed $480,000.00 Cnado & Associates, Inc., will perform the required services in a total amount not to exceed $480,000.00. Staff considers this cost to be fair and reasonable for the scope of services to be performed Criado & Associates, Inc., is in compliance with the City's Business Diversity Enterprise Ordinance by committing to 10 percent SBE participation on this project. The City s SBE goal on this project is 10 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund TO Fund/Account/Centers FROM Fund/Account/Centers GS93 541200 020930522970 $480.000.00 Submitted for City Manaaer's Office bv: Fernando Costa (6122) http://www.fortworthgov.org/council_packet/mc review.asp7ID=17636&councildate-1/15/2013 2/4/2013 Mitt; Review ragvL.tit Le Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Andy Anderson (8648) ATTACHMENTS http://www.fortworthgov.org/counci1 packet/mc_review.asp?ID=17636&councildate=1/15/2013 2/4/2013