HomeMy WebLinkAboutContract 44626 CITY SECR
CONTRAM NO.,
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 t "CITY"), and Freese and Nichols,ls, Inc., authorized to do business in
Texas, t "ENGINEER"), fir a PROJECT" generally described as: Fossil Crash and
Riverside Drive Roundabout I ran r ments (City Project No. 01810).
Arficle I
Scope of Se *ices
A. The, Scope of Services is set forth in Attachment A.
ArtcIe LI
Compensation
A. the E'N'GINE R's compensation shall he 'in,, the amount of$45,430.00 as set
forth in Attachment B.
Article III
'Terms of Payment
Paym nts to the ENGINEER R will be made as follows
. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to, m�ee,t:ingi the ire uire tints set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.,
(2); The ENGINEER gill issue monthly invoices for all work performed under this
AGREEMENT. Invoices ices pure due and payable within 30 days of receipt.
(3) Upon colmplletion of services+ s enumerated in Article I, the final payment of
any balance will he due within 30 days of receipt of the final i nv lice.
City of Fart Worth,Texas
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Re e 1 of 16 CITY SECRETARY RECEIVED JUL 15 2013
Ft 'WORTH; TX
(4) In thle 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 o:r portion thereof.
No interest will accrue on any contested portion of the b�i'lling until mutually
resolved.,
(5) If'thle 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,1 suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER s,halll have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Arficle IV
Obligations of the Engineer
Amendments to Article I:IV, if any, are included in Attachment C.
A. General
The ENGINEER wil�l serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultatilon, 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
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degree of skill and diligence normally empiloyed in the State of Texas by
professional enlg�inieers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Invesfigations
(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 investigaflons, in connection with design and engineering
work to be performed hereunder. The ENIGI,IN:EER 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.
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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 interval's 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/oir execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Dirawinigs
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 ENGINES `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 oir any other entity Of
their obligations, duties, and responsi�biliities, 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 Con-tract 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 oir its, personnel shall have no obligation or
responsibility to visit the construction site to, become farniliar with the
progress or quality of the compileted 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 cons-trued as requiring
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ENGINEER to make exhaustive or continuous one-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENS INEE makes, o�n-si'te
ob�servation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services, set forth in the, Scolpe 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.
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(2), In providing opi:niions of cost,, financial anlialyses, 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 equipiment or structures that may affect operation
or maintenance costs; competitive bidding rocedures and market
clonditlions; time or quality of performance by third parties; quality,1 type,
,I- and other economic
management, or direction of operating personne ,
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses,, projections, or estimates.
G. Construttion, 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
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lip,
matters at issue between the CITY and the construction contractor that
affect the amount that should be p�aid�.,
H. Record Drawings
Record drawings, if required,, will be prep,ared,l 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 construct�ed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into, the record drawings.
M. Minority Business and S�mall 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 entierprises iin City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentat�ion of facts, (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
res,u�lt 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 subcons,ultant agreements,
hereunder a provision to the effect that the s,ubconsultant 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
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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) he,reof. CITY shall give subconsultant
reasonable advance: notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents, as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in, the hex Administrative Code in
effect as of the time copyi I ng 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 $1 000,000.001 per each:
occurrence with a $2,0010,,000.00 aggregate. If such Commercial General
Liability insurance contains a generali aggregate limit, it shall apply
separately to this PROJECT or location.
i The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This 'insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nulllify:
premises/operations, products oorm pleted operations, contractual�,
personal injury, or advertizing injury, which are normally contained
within the policy, unless, the CITY approves such exclusions in
writing'.
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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 liabillity
and, if necessary, commercial urnibrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability ariis,ing 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-own�ed is
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acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
o,ffi'lcers, directors and empiloyetis for recovery of damages to, the
extent these damages are covered by the business, auto liability or
commercial umbreilla lliiabillity insurance obtained by ENGINEER,
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
complensafion 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, w,ith $500,0100.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
A
extent these damages are covered by workers compensation and
emplo:yer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d., Professional Liability — the ENGINEER shall maintain professional
I with a minimum Of $130001 000!.00 per
liability, a claim�s-made policy, I
claim and aggregate. The policy shall contain a retroactive data 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, officiate,, 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.
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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 ploilicies must be authorized to do business in the State of
Texas and have a minimum rating of AM 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. Applicabl le policies shall each be endorsed with al waiver of subrogation
in favor of the CITY as respects the PROJECT.
I The C,ITY 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 ENGII EER 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 coincidenit 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 claimsmade basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of' the PROJECT until final
payment ands termination of any coverage required to be maintained aft er
final payments.
1. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
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m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivailent insurance coverage as required foir the ENGINEER. When
sub consultants/subcontractors maintain in i surance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
Li. 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. Misclosure
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 finiancial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with at 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 finial 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: of portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos r other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of' a qualified
subcontractor to ma�nage the remiediation activities of the PROJECT.
014 Permi"ttlong Author"Ifies - Design Changes
If permitting authorities require design changes so as to comply with
pub�lished 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,i if design
changes are required due to the changes in the permitting authorities'
publ'ished 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
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amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attach�menit D to this AGREEMENT.
Arficle V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. 01ty-Furn'llshed Data
ENGINEER may rely upon the accuracy, t1melinessi and completeness of
i
the information provided by the CITY.
Bpi Access to Facififfiies, 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 facilifies as may be required in connection
with the ENGINEER is 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 l�i�c,ensies
required by local, state, or federal authorities; and land, easements, rights-
o,f-way, and access necessary for the ENGINEERV's services or PROJECT
construction.,
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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 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 GIN R'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.
fo
ion and Claims
G. Contractor Indemn"ficat
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.
Hill 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
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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.
1. 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 Risklinstallation 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'
0
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Li"t'ligation Ass'I'stance
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 EI INNER, 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 ENGINE,ER'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
CITE' approval.
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Article VI
General Legal Provis,ions
Amendments to Article I, if any, are included in Aftachment C.
AN 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 and copy or in electronic form, are, instruments
of service for this PROJECT, whether the PROJECT is colmpleted or not.
Reuse, change, or alt,erat,ioln 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 docu�ments,.
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 pre vent ENGINEER 11 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 elther 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 wim 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,'
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b.) Out-of-pocket expenses for purchasing electron,ilc data files end other
data storage supplies or services;
c.) The time requirernents 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.
(31) P,riioir to proceeding with termination services,, the ENGINEER will
i
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 I ►terrupfilon 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
in,terra pitlion, an equitable adjustment in the PRO,JECT"s schedule)
commitment ,end cost of the ENGINEER's personnel and subcontractors,,
and ENGINEER's compensation will be mad► .
F. I rider ire ifficaflon
In accordance walth Texas Local Government Code Seed oni, 271.9104, the
a
ENGINEER shall indemni'ffy, hold harmless, and defend the CITY
against liabifflity for any damage caused by or resulting from an act of
negligence, 1r ten tort, intellectual property "infr"ingernent, or
failure to pay a subcontractor or supplier cornm*Itted by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over wh"ich the ENGINEER exercises contr .
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 plaftiles 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.
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I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,,
its, interpretation and performance,, and any other claims, rellated to it. The
venue for any litigation related to -this AGREEMENT' shall be Tarrant, County,
Texas.,
J. Severablollity and Survival
If any of the provisions contained in this. AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respecty such invalidity,
illegality, or unenforceability will not affect any other provision, and this,
AGREEMENT shall be construed as if such invalid, il!le�gal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VID., VI.F'.,,
I.H.,, and I.I. shall survive term�inatiloin of this AGREEMENT for any cause.,
K. Obs,e�rv,e and Comply
E IG�INEER 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,1 laws ord�inance�s and regulations, which
may exist or may be, enacted later by governing bodies havingi jurisdiction or
authority for such enactmient. N�io, plea of misunderstanding or, ignorance
thereof s,halli 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 V11
Attachments, Schedules, and Signatures
This AGRE EM ENincluding its attachments and schedules, constitutes, the entire
T
AGREEMENT', supersedes all pr�ior 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 Schied ale
Attachment E - Location Map
City of Fort Worthi,Texas
Standard Agreernent for Engineering Related Design Services
PMO O:fficial Release Date: 112812013
Page 15 of 16
Executed and effective this the ay 6 2013.
Y0
CITY 01F FORT WORTH ENGINEER
Freese and Nichols, Inc.
Fernando Costa Chris B. Bosco, P.E.
Assistant City Manager Principal
40 #mw Q1 Ir 0"w /3
Date:t : Z 13 Date.
7—
APPROVAL RECOMMENDED:
By-
Doug I Iersi , P.E.
Director, Transportation Xnd Public
Works Department
APPROVED S TO FORM AND M&CNo,.:
LEGALITY'
w �A
A
&C ate: NIA
By: 0
Assistant City Attorney
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TESL'. " '
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Mary J. Ka se�
City Secretary
A00000loo
City of Fort Worth,Texas offlim
Standard Agreement for Engineering Related Design Services
Page 16 of 1
A
fpro
ATTACHMENT "A-I'
Scope for Enqineerinq Desiqn Related Services for Street],rnprovements
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 project objective is the design of roundabout improvements for the intersection of Fossil
Creek and North Riverside Drive. The project will include intersection improvements, minor
drainage modifications, and street ligiht improvements.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design — (Not In —To be added as separate contract.
Task 4. Final Design —(Not Included) —To be added as separate contract.
Task 5. Bid Phase Services — (Not Included) —To be added as separate contract.
Task 6. Construction Phase, Services (blot Included) — To be added as separate
contract.
Task 7. ROW/Easement Services — (Not Included) —To be added as separate contract.
Task 8. Survey control (Full! topographic survey for the project is Not included) To
be added as separate contract.
Task 9. Permitting (Not Included) —To be addled, as separate contract.
TASK 1. DESIGN MANAGEMENT.
I
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER I s and CITY's time and resources. ENGINEER will manalge, 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 teani 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 pro-deli'gn project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs, that meet CITY requirements
City of Fort Worth,,Texas
Attachment A
PMO Release Date:017.23.2012
Page I of 6
V, pUVu
uonduct and document monthly project update meetings (up to 2 meetings) with CITY
Project Manager
Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative month�ly, as required in Attachment D to this Standard
Agreement, and according to the City of Fort Worth I s Schedule Guidance Document.
Complete Monthlly M/WBE Report Form and Final Summary Payment Deport Form at
the end of-the project
Personnel and Vehicle Identification: When conducting site visit, to the, project
location, the ENGINEER or any of its sub-cons Manta shall carry readily visible
information identifying the name of the company and the, company representative.
ASSUMPTIONS
* 2 project coordination meetings are included in this scope of services.
DELIVERABLES,
A. Meeting summaries with action items,
B. Monthly invoices
C. Monthly progress, reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
I
anticipated schedulle, changes
F. Monthly M/W&E Report For and F'inal Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The, purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, andi to obtain the CITY's endorsement of this
concept,.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements,with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
City of Fort Worth,Texas
Attachment A
PMO,Release Date:07.23.201!2
Page 2 of 6
conditions that may impact the project including* utilities, City M�as,teir Plans, and
property own�e�rs,hip as available from the Tax Assessor's office.
0 Subsurface Utility Engineering (SUE) provided per Task 8.
2.2. The Roadway Design Conceptual Design Package shall include the following:
• Conduct project site visits to observe existing conditions
• 'Existing typical sections, of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and
direction arrows, existing and proposed curbs, sidewalksl and retaining walls.
• Develop a conceptual intersection layout to facilitate project communications and
for use, as public, meeting exhibits
• Preparations of Traffic Control Plan phasing sheets for construction of the
roundabout.
• Preparation of Pavement marking and s,ignage sheets
• Prepare a plan set that includes, preliminary cover sheet, index of sheets, typical
sections, conceptual plan layout (pending, survey), drainage area map, and
construction details.
• Estimates of probable construction cost.
2. . Publlic Involvement:
• FNI will Coordinate and prepare for project (1) public meeting.,
a. Research neighborhood: associations and prepare invitation list.,
• FNI will attendi and conduct (1) public meeting.
ASSUMPTIONS
0 5 sets of(11x17 of the project conceptual design plans will be submitted for City
review.
0 City will mail out the public meetingi invitations for the public meeting.
DELIVERABLES
A. Conceptual plans will include roundabout layout, traffic coint,rol phasing plan, and
pavement, marl' ing/signage design submittal will be provided for City Review.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23,2012
Page 3 of 6
ti
TASK 3. PRELIMINARY DESIGN (60, PERCENT) — NOT included in this contract.
These services will be added as a task order separate contract.
TASK 14., FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT), — NOT included in this contract. These services will be added, as a
task order by separate contract.
TASK 54 BID PHASE SERVICES,— NOT included in this contract. These services will
be added, as a task order by a separate contract.
TASK 6. CONSTRUCTION PHASE SERVICES NOT lincluded "In this contract. These
ervice '11 be added as a task order by a separate contract.
ss wi
TASK 71. ROWEASEMENT SERVICES — NOT included in this contract. We do not
0
anticipate needed any right-way for this project, but if ternporary easements are
needed those services will be added by task order as a separate contract.
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as, follows.,
8.1. Design Survey
0 The City of Fort Worth is providing topographic and boundary survey services for
the design of this project.,
8.2. Subsurface U]Jility Engineering
Provide Subsurface Utility Engineering (S,U,E)i 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, If as built 11 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.
Qulalitv Level C-(includes tasks as described for Quality Level D)
Identify surface features, from project topographic data and from -field
observations, 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, if such features
have, not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
City of Fort Worth,Texas
Attac hi m ent A
PM O Release Date,-07.2'3,20112
Page 4 of 6
The survey shall also include in addition to subsurface utiliity features, visible at
the ground, surface): determination of inve,rt elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities)
form s,had by utility owners for do, igin purposes.
Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
Ulpdate or prepare�) plan sheets, eleictronlic 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 discr�epancies.
Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Levej, �Jnoludos tasks as described for Qualit Level.Q
Select and apply appropriate surface geophiys,ical miethod(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 s,uirvey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside
edges of multi-cond�uit 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 Qu�al�ilty Level A data.
As, an alternative to the physical marking of lines, the, ENGINEER may, with
CITY 11 s approval, utilize other means of data collection,, storage, retrieval, and
reduction, that enables, the correlation of surface geolp�hysical data tothe project's
survey control.
• This scope of work includes locating horizontal location of the exist,ing, franchise
utilities at the intersection and extending up,to 11 001' on each approach.
ASSUMPTIONS
0 The City Fort Worth will provide electric survey data for development of the
roundabout design.
* Level l''B" SUE will be, included as part of this scope of services.
DELIVERABLES
A. Drawing of the existing utilities within the intersection will be included in the plan
set.
City of Fort Worth,Texas,
Attachment A
P Release Date.-07.23.2012
Page 5 of 6
TASK 9l. PERMITTING — NOT *Included "I'n this contract. These services Mill be added
by,task order as separate contract, if needed.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Add*ltl*onal Services not included in, the existing Scope of Services — CITY and
ENGINEER agree that the following services are ble the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed,, upon the IT ''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 i upon in writing by both parties before the services are performed. These
additional services, include the following.,
All services included in Task 3 — Preliminary Design, Task 4— Final Design�,
Task 5 — Bid Phase Services, Task 6—Construction Phase Services, Task 7 -
ROW/Easement Services, Task 9—Permitting of the City of Fort Worth
Attachment "A" to Standard Agreement for Engineering Related Design
Services
Providing CIS mapping services or providing renderings, models or mock-ups
at the request of't,he CITY.
le Subsurface utility engineering services "A"
so Additional field survey outside the limits defined in Work To Be Performed.
ol Negotiation of easements or property acquisition.
Services related to development of the CITY's project financing and/or budget,.
e Services related to disputes over pre qualification, blid protests, bid rejection,
and rel-blidding, of the contract for construction.
Construction management and inspection services
Performance of materlials testing or specialty testing services,.
Services necelss,ary due to the default of the Contractor.
Services related to damages caused by fire, flood, earthquake or other acts of
Gold.,
Services related, to warranty claims, enforcement and 'inspection after final,
completion.
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.
Providing value engineering studies or reviews of cost savings proposed by
construction contractors after bids have been submitted.
USACE Section 404 lire-Construction Notifications or Individual Permit.
el Any additional, permit preparation,, application and/or coordination not
specifically identified in this contract.
City of Fort Worth,Texas
Attachment A
PMO Release Date:017.23.2012
Page 6 of 6
A
/ATTACHMENT B
COMPENSATION
Design Services for
Roundabout Design
(intersection of Fossil Cree�k and Riverside Dr.,)
City Project, No. 01810
Lump Sum Project
1. Corripensation
A., The, ENGINEER shall be compensated a total lump sum fee of $45,413, .00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary olf Total
Project Fees. The total lurnp sum fee shall be considered full compensation for
the services described in Attachment Al including, all labor materials, supplies,
and equipment, necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of Payment.
11. Methold of Payment,
A. Partial payment shalil, 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 Ill. of
this Attachment B, and Schedule as req,uired in Attachment D to this Agreement'.
B. The estimated current physical percent complete as req,ui,red 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 feel paymilents, 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.
111111. Progress, Reports
A. The ENGINEER shall prepare end submit to the designated repre�sentative of the
month,ly progress reports and schedules in the format required by the City.
City of Foirt Worth,Texas
Attachment B
PMO Official Release Date,-8.09.20112
Page I of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
.................. ......
Prime Consultant
-=-reese and Nichols, Inc. Design and Management $39,080.00_'j86.0%
Plropo,sedi MBE,/SBE Sub-Consultants
Rios Group Topographic Swvey $611350.00 14.0%
Non-MBIE/SBE Consultants
n/a
TOTAL $45,430.00 100%
Prqject Number &, Name Total Fee MBE/SBE Fee MBE/S,BE %
Roundabout Deli_gn (#01810)1 $45 1620.00 $6,350.00 14.0%
City of Fort Worth,Texas
Attachment B
PM O Official Release Date:8,09,2012
Page 2 of 3
B-2
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ATTACHMENT tic9y
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Fossil Creek/Riverside Roundabout Improvements
City Project No. 01810
<List any changes to the Standard Agreement>
City of Fort Worth,Texas
Attachment C
PMO Release Date:05,1119.2010
Page 1 of I
Consulting Contract Schedule Specifications FORT WORTH
City of Fort Worth Capital Improvement Program
Attachment D Proied Schedule
This a T'ier << >> schedule as defiried liere in and in the Cry "s Scliethde
dance Docunietit.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules, for consulting services-ces that meet the requirements described in this
specification, showing by Critical Path Method (CLAM) the planned sequence and tirning of
the Work associated with the Agreement. All submittals shall be submitted in PD F format,
and schedule files shall also be submitted in native file format (*I.e. file formats associated
w'th the scheduling software). The approved scheduling sonware 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/'2,007 or later or approved by CITY PHASING OUT
4. 9
D2. BASEUNE CONSULUNG 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 CI' Y 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, s,ubtasks, 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,inclucling third party utility dependencies and reviewing agencies.
D1 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 ClTY'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' shoul .tie aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PM 0 Release Date:02.15-2011
Page 1 of 2
then schedule
u -related issues that the CONSULTANT wishes to coi municate to the
cir"ry.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDUl,E: 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 deterni-ined 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 D1
PMO Release Date:012.15.20111
Page 2 of 2
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