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HomeMy WebLinkAboutContract 45313 (2)1T ISECEW CITY 4F FORT g TO -CAS :;011TRACT Rda, sTrANDAndoP ��R mici E CN RfiN R L r, rr oFsl cJ m SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home rule v(tho munici alit "CITY"), and The Rios Group, Inc., authorized to do business in Texas, � (the "ENGINEER"), for a PROJECT generally described as: Wedgwood Drainage Improvements o Subsurface Utility Fngineering Services. r, =t6cti C tpt of Sew -Aces A. The Scope of Services is set forth in Attachment A. hi -Vick) CC CstothipansaVotri A. The ENGINFER's compensation shall be in the amount of $48,220.00 as set forth in Attachment B. ArLCcCe CCC `l oirrn t P gym fit 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 i OFFICIAL ECORD CITY SECRETARY VT. 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 16 (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) 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. When professional certification of performance or characteristics of materials systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4of16 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 Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity 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 MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) 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. 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 less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit it shall apply separately to this PROJECT or location. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify. premises/operations products/completed operations contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement b Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability ansing 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 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. g. Any deductible or self insured retention in excess of $25,000 00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT 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. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to equivalent insurance coverage as sub consultants/subcontractors ENGINEER shall provide CITY certificate of insurance. L. Independent Consultant maintain the same or reasonably required for the ENGINEER. When maintain insurance coverage, with documentation thereof on a 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 wnting 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 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals and other documents; obtain advice of an attorney insurance counselor, accountant, auditor bond and financial advisors, and other consultants as the CITY deems appropriate, and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D E Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 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, bnng, 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 PM0 Official Release Date: 1/28/2013 Page 12 of 16 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. 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 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 , VLF., 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 PM0 Official Release Date: 1/28/2013 Page 15 of 16 Executed and effective this the BY: CITY OF FORT WORTH `-eaingshier Fernando Costa Assistant City Manager Date: th3 APPROVAL RECOMMENDED: cci5 By: Douglas VL. Wiersig, P.E. Director, Transportation Works Department APPROVED AS TO FORM LEGALITY By: MA tiA A kA lAA 43euglas VU—Black_ Assistant City Attorney A TFST: Mary J. Kayeerc City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16of16 day of Public AND 13Y: ENGINEER The Rios Group, Inc. Qa)Vi-e-k‘ Rosa Navejar President Date: J Mate No.: M& C Date: i • OFFICIAL RECORD CITY SECRETARY F1C WORTH, TX ATTACHMENT "A" Scope for Subsurface Utility Enaineerina Services for Storm Water Improvements Proiects 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. Under this scope, ' ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVE Provide Subsurface Utility Engineering (SUE) services at various locations in the Wedgwood Addition as shown in Attachment E WORK TO BE PERFORMED Task 1. Design Management Task 2. Subsurface Utility Engineering Services TASK 1. DESIGN 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. 1.1. 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 • Attend a meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit in the format requested by the CITY. • Personnel and 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. • ASSUMPTIONS • It is anticipated five (5) utilities will be located. • It is anticipated eleven (11) drawings will be developed (including cover sheet). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 4 DELIVERABLES • Final lnvoice TASK 2. SUBSURFACE UTILITY ENGINEERING 2.1. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • • • • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.) to help identify utility owners that may have facilities within the project limits or that may be affected by the project. Collect applicable records (e.g , utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data oral histories, etc ) on the existence and approximate location of existing involved utilities. Review records for: evidence or indication of additional available records; duplicate or conflicting information, need for clarification Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate utility type and ownership; date of depiction; quality level(s) end points of any utility data; line status (e.g , active abandoned, o ut of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field o bservations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g , additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 4 Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems • Resolve differences between designated utilities and utility records and surveyed appurtenances • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.2. The Subsurface Utility Engineering Package shall include the following: • Cover sheet • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. ASSUMPTIONS • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • Five (5) copies of the SUE package will be delivered. Drawings will be half size (11" x 17"). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. DELIVERABLES • Subsurface Utility Engineering Package — Final drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file of the entire plan set and one (1) DWF file (created from CAD application of drawing). The PDF and DWF file shall be created from the original CAD drawing files. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 4 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scone 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: • Services related to development of construction plans for stormwater improvements in Wedgwood Addition. • Services related to development of the CITY's project financing and/or budget. • Services to support, prepare, document, bring, defend or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PM0 Release Date: 07/23/2012 Page 4 of 4 ATTACHMENT B COMPENSATION Subsurface Utility Engineering Services for Wedgwood Drainage Improvements City Project No. 00480 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $48,220.00 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. B. The ENGINEER shall be paid one final payment as described in Section II - Method of Payment 11. Method of Payment One final payment shall be made to the ENGINEER upon City s approval of an invoice prepared and submitted by the ENGINEER in the format as presented in Exhibit B-1 of this Attachment B B. Invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION III. Summary of Total Project Fees Firm P rime Consultant The Rios Group, Inc. P rimary Responsibility S ubsurface Utility Engineering P roposed MBE/SBE Sub -Consultants N/A N on-MBE/SBE Consultants N/A Project Number & Name City Project 00480 - SUE for portions of Wedgwood Addition TOTAL Total Fee $48,220.00 Fee Amount $48,220.00 % 100% $48,220.00 100% MBE/SBE Fee MBE/SBE $0.00 0% City MBE/SBE Goal = 0% Consultant Committed Goal = 0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PM0 Official Release Date: 8.09.2012 Page 3 of 3 Professional Services Payment Request Project Manager. IWdlhelm Project: ;Wedgwood - Subsurface Utility Engineering Services City Project #: 100480 City Sec Number: Company Name: Consultant's PM: email: Vendor Invoice #: Office Address] Payment Request #: Telephone: I From Date: Fax: To Date: Invoice Date: Remit Address: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 FAC and Work Type Description Totals This Payment Request Consultant Instructions: Summary Fill In green cells Including Invoice Number, From and To Dates and the Included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Projects folder. 1 LOCK UNLOCK Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Completed Previously Invoice Balance $48.220.00 i $48220.00 f $48220.00 I I I $48.220.00 $48.220.00 $48.220.00 Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Wedgwood Drainage Improvements — Subsurface Utility Engineering City Project No. 00480 The following changes apply to the "Standard Agreement for Engineering Related Design Services" Article III Terms of Payment, A. Invoice and Payment (1) Replace paragraph with "The Engineer shall provide the City sufficient documentation to reasonably substantiate the invoices." Article III Terms of Payment, A. Invoice and Payment (2) Remove from agreement. Article III Terms of Payment, A. Invoice and Payment (3) Replace paragraph with "Upon completion of services enumerated in Article I, the ENGINEER will issue a single final invoice for all work performed under this AGREEMENT. Invoice is due and payable within 30 days of receipt." Article III Terms of Payment, A. Invoice and Payment Add paragraph "If after final payment by CITY for completion of services enumerated in Article I, the ENGINEER (or predecessor Gorrondona Associates, Inc.) receives any compensation under any subconsultant agreement with Slater Engineering, Inc. or McK Engineering Inc. (by virtue of the assignment of Slater Engineering, Inc. agreement), the ENGINEER shall reimburse the CITY for the amount received." Article IV Obligations of the Engineer, F. Opinions of Probable Cost, Financial Considerations, and Schedules Remove from agreement. Article IV Obliaations of the Engineer, G Construction Proaress Payments Remove from agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 2 Article IV Obligations of the Engineer. P. Schedule Remove from agreement. Article V Obligations of the City, C. Advertisements. Permits. and Access to Proiect Replace paragraph with "Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all land, easements, rights -of -way, and access necessary for the ENGINEER's services." Article V Obligations of the Citv, D Timely Review At end of paragraph delete "in accordance with the project schedule prepared in accordance with Attachment D " Article VII Attachments, Schedules, and Signatures Attachment D — Project Schedule; remove from agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 2 of 2 i`• Exhibit E Wedgwood Drainage Improvements City Project No. 00480 2' IN / rri ��1 • A %z. • : i" ""•"I Phase I I Phase II • i • • Copyright 2013 Coy d Fort Worth. Unauthorized repod:cikn is a vkiation of apptmade laws. This prodtd is for WormationaI purposes and maynot have been prepared for or be avasbie for legat engnGering, or surveying purposes. It does not represent an on -the -ground awvw and represents only the approximate :dative location of pcperty boundaries. The City of Fat Worth assumes no reiponsibdyfor the accuracy d sold data. C WOOpEN DFE - ,_-- _ iL L._ - TRAIL LAKE DR i I f r i i a Of / WO$LEY DR tZ c WNARTON DR WREN !NE L • WILKIE WAY : FORT WORTH, Task No. Task Description 1.0 Design Management 1.1 Various Streets 1.2 Communications and Reporting 2.0 Subsurface Utility Engineering 2.1 QLA-0to4Ft. 2.2 OLA-4.1 Ftto8Ft 2.3 QLA - 8.1 Ft to 12 Ft City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 QLB COST/LF OFRDWY Rate 3.50 8800 8800 0 0 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Wedgwood Drainage improvements (SUE) City Proiect No. 00480 Labor (hours) SURVEY QLB TEST Total Labor COST/LF COST/LF HOLES CADD Administrative Cost OFRDWY OFRDWY DEPT 0.50 1.50 750.00 $950 $1„150 9060 260 0 0 0 S35.720 9060 260 0 0 7 4 7 4 Totals 8800 9060 3 $12,500 $5,250 $3,800 3 $3,450 260 7 4 3. $48,220 Expense Subconsultant MWBE Non-MWBE $0 $0 SO $0 Total Expense Task Sub Total Travel Reproduction Cost $0 so $0 $0 $0 50 $0 50 $0 50 Project Summary Total Hours Total Labor Total Expense MBEJSBE Subconsuitant Non-MBE/SBE Subconsultant 5% Sub Markup MBE/SBE Participation Total Project Costj $35.720 $12500 $5.250 $3.450 $48,220 18,134 $48,220 $0 $0 $0 $0 0.0% $48,220 1of1