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CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule
municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: East Rosedale Street
(Miller to Stalcup) Construction Coordination, (City Project No. IMI ).
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Compensation
A.
Article II
The ENGINEER's compensation shall be in the amount of $49,880.00 as 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.
City of Fort Worth, Texas
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OFFICIAL RECORU
CITY SECRETARY
FT. WORTH, TX
(4) In the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion
will be paid. The CITY will exercise reasonableness in contesting any
bill or portion thereof. No interest will accrue on any contested portion
of the billing until mutually resolved.
(5)
If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the
ENGINEER may, after giving 7 days' written notice to CITY, suspend
services under this AGREEMENT until paid in full. 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.
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER
D Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible 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
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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(3)
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.
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
e ntitled to rely upon such certification to establish materials, systems
o r equipment and performance criteria to be required in the Contract
Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect
o peration 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
u ltimate 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
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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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. Disadvantaged Business Enterprise (DBE) Participation
Engineer acknowledges the DBE goals established for this contract and its
accepted written commitment to DBE participation from a DBE that is
currently certified in accordance with the Federal regulation 49 CFR, Part 26.
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, Federal Highway Administration
(FHA), and Texas Department of Transportation (TxDOT) 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, FHA, and TxDOT 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, FHA, and
TxDOT 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, FHA, and TxDOT 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,
FHA, and TxDOT shall have access during normal working hours to all
subconsultant facilities, and shall be provided adequate and
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PMO Official Release Date: 1/28/2013
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(3)
appropriate work space, in order to conduct audits in compliance with
the provisions of this article together with subsection (3) hereof. CITY,
FHA, and TxDOT shall give subconsultant reasonable advance notice
of intended audits.
ENGINEER and subconsultant agree to photocopy or provide
scanned electronic copies of such documents as may be requested by
the CITY, FHA, and TxDOT. 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
u mbrella insurance with a limit of not less than $1,000,000.00 per
e ach 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,
u sing ISO additional insured endorsement or a substitute
providing equivalent coverage, and under the commercial
u mbrella 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
n ormally 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
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PMO Official Release Date: 1/28/2013
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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.
(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.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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c. Certificate(s) of insurance shall document that insurance
coverage specified in this agreement are provided under
applicable policies documented thereon.
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
g.
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.
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
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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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 wnting
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
City of Fort Worth, Texas
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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
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.
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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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 appropnate; 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
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
City of Fort Worth, Texas
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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.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings, specifications documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT whether the PROJECT is completed or not
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
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;
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(3)
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.
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
u nderstandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
n egligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
n egligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
City of Fort Worth, Texas
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PMO Official Release Date: 1/28/2013
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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.,
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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 15 of 16
Executed and effective this the [ day of: f , 2015.
BY:
CITY OF FORT WORTH
/ Jay Chapa,
Assistant City Manager
Date:
APPROVAL RECOMMENDED:
By:
Dougla
Director;
Wiersig, P.E.
ransportation & P
APPROVED AS TO FORM AND
LEGALITY
BY:
ENGINEER
Freese and Nichols, Inc.
Chris Bosco, P.E.
Principal
Date: /?/&i5
lic Works Department
M&C No.: t1/4-
M&C Date:
By:
Douglas W. Black
Assistant City Attorn
ATTEST:
Mafy J
City Secretary
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 16 of 16
r
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Enaineerina Desian Related Services for Construction Coordination
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 the project is to provide construction phase coordination for the East
Rosedale from Miller Avenue to Stalcup and project regular monthly updates to the
Transportation and Public Works department
WORK TO BE PERFORMED
Task 1. Construction Phase Services
Task 2. Additional Services
TASK 1. DESIGN MANAGEMENT. TASK 1. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• The ENGINEER will prepare a project summary memo with a brief project history,
scope of construction, brief description of agency partners, project schedule, and
descriptions and contact information for individuals involved in construction
administration and inspections
• The ENGINEER shall visit the project site monthly for up to 24 meeting to
document the progress of the project with photos and project status memo.
• The ENGINEER will prepare monthly progress memos with project photos and
description of progress and any current construction issues or delays.
ASSUMPTIONS
• 24 Site visit or attendance at construction meetings
DELIVERABLES
A. Monthly project status memos
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 2
TASK 2. ADDITIONAL SERVICES
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
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:
• Construction management and inspection services
• Construction survey staking
• Performance of materials testing or specialty testing services.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 2 of 2
ATTACHMENT B
COMPENSATION
Design Services for
East Rosedale Street (Miller to Stalcup) Construction Coordination
City Project No.
1. Compensation
A. The ENGINEER shall be compensated a cost plus max fee of $49,880.00 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.
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
Planning and Development Department monthly progress reports and schedules
in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
P rime Consultant
Freese and Nichols,
Inc.
Primary Responsibility
Construction Phase
Coordination
P roposed SBE Sub -Consultants
N on-SBE Consultants
Project Number & Name
East Rosedale (Miller to Stalcup)
Construction Coordination
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 3
TOTAL
Total Fee
$49,880.00
Fee Amount
$49,880.00
$49,880.00
Ok
100%
100%
SBE Fee SBE %
$0.00 0%
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 3
Professional Services Payment Request Project Manager: IPatrina Newton
Project: East Rosedale Street Miller to Stalcup) Construction Coordinatl
City Project #:
City Sec Number:
Company Name:
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Freese and Nichols, Inc.
Chris Bosco
email:
Office Address:
Telephone:
Fax:
Remit Address:I
Consultant Instructions:
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
CB n Freese.corn
4055 International Plaza, Ste 200
817-735-7359
Agreement
Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance
Work Type 1 Construction Phase Coordination $49,880.00 $49,880.00 $49,880.00
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Totals This Payment Request
$49,880.00
$49,880.00 $49,880.00
Overall Percentage Complete:
Professional Services Payment Request Project Manager: Patrina Newton
Project: East Rosedale Street (Miller to Stalcup) Construction Coo
City Project #:
Work Type Desc: Paving & Streescape Improvements Consultant Instructions:
F/A/C: Construction Phase Coordination
City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities
Purchase Order: When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Company Name:
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Pay Items
30 - Design
51 - Preliminary Survey
Freese and Nichols, Inc.
Chris Bosco
Description
Totals This Unit:
email: CB@Freese.com
Office Address: 4055 International Plaza, Ste 200
Telephone: 817-735-7359
Fax:
Remit
Agreement
Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Amount Number Amount Date Amount Completed Previously Invoice Balance
$49,880.00 $49,880.00 $49,880.00
$49,880.00
$49,880.00 $49 880.00
Overall Percentage Complete:
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
East Rosedale Street (Miller to Stalcup) Construction Coordination
City Project No
<List any changes to the Standard Agreement>
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
Attachment D - Project Schedule
FORT WORTH
This PROTECT requires a Tier 3 schedule as defined herein and in the Citli's Schedule Guidance
Document.
Di. 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)
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 assist with,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 1 of 2
• 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
•
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Attachment E: Project Map
Rosedale Construction Coordination (Miller to Stalcup)
City Project No.
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FORT WORTH
r� NICHOLS
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Ce!ebrating ! 120vu\R T°f Service
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
East Rosedale Street Improvements
City Project No.
Task Description
Task N_.
Civil Labor
Project Manager Project Engineer
Chris Bosco
Mitch Alton
Total Labor Subconsultant
Cost
atel : $197 $1 ff
1.0 "East Rosedale (Miller to Stalcup) 38 288 $49,600.00
1.1 Project Summa v Memo 2 10 $1,900.00
Construction Coordination 0 0 $0.00
1.2 Construction Letting C. 2 $300.00
1.3 Construction Coordination (24 Months) 24 192 $32,800.00
Project tatus Reports $0.00
1.6 1 Site Visits and Progress Photos (24 Months) 0 36 $5,300.00
1.7 Monthly Progress Reports 12 48 $9,400.00
$0.00
Total. 381 288 $49,600
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
MWBE
$0
Expense
Travel
Non-MWBE
SO $280
Reproduction
S0
$280
$01 $01 $2801 $0
Total
Expense Task Sub Total
Cost
$280
$0
$0
$0
$0
$0
$280
$0
$0
$280
Project Summary
Total Hours
Total Labor
Total Expense
MWBE Subconsultant
Non-MWBE Subconsultant
10% Sub Markup
MWBE Participation
Total Project Cosf
$49,880
$1,900
$0
$300
$32,800
$0
$5,580
$9,400
$0
$49,880
326
$49, 600
$280
$0
$0
$0
0.0%
$49,880
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