HomeMy WebLinkAboutContract 44629 Ulu SECRETARY
WIM"CT N06
,,,•,
CITY OF FORT'WORTH, TEXAS
STANDAR D AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worths, a Texas o eras e
municipality (thee " l' "),,, and Kim ley-Horn rn rid Associate, Inc. , authorized to do business
in Texas, the "ENGINEER"), for a PROJECT generally described s N. Riverside Drive
and Northern Cross B ullev rd Roundabout Design.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Art"Isle II'
Co ensat
A. The ENGI N EER's compensation shall be In the amount 145,1`F as set
forth in Attachment ment .
Art*lcle III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient d ocumentation, including but
not limited t o 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 1, the final payment of
any balance will be dare within 30 days of receipt of the final' invoice.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Official'Release Cafe; 1/28/2013
JUL Paige I of 16 LOFFICIAL IIECORD']% RECEIVED C TY 3 F
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CITY SECRETARY
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Ta WORTH,TX
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15 2013
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(4) I'n the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will he paid. The
CITE"' will exercise reasonableness in contesting any bill or portion thereof.
No interest will' accrue on any contested portion of the blililinig until mutually
resolved.
(51) If the CITY fails to make payment in full to ENGINEER for billings, contested,
in good faith within 60 days of the amount due, t'he ENGINEER may, after
diving iving 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
consuiltation and advice and furnishing customary services incidental
thereto.
Bi. Standard of Care
The standard of care applicable to the ENGINEER's services will be, the
degree of skill and diligence, normally emp,loyed in the State of Texas by
professional engineers or consultants performing the same or similar
I
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 boring's, or other
subsurface investigations in connection with design and engineering
work to be, performed hereunder. The E,N'GINEE,R 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 R lease Date:1/28/'2013
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(2) In soils, foundation,, grou�ndwater, 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 inivelst,ig�ations 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 cos execution of are not the responsibility of the
ENGINEER.
D. Preparation of EngineeHing, Draw*inns
The, ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible myla,r sheets and electronic files in df 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 foir any
project other than the PROJECT described herein.
E,. Engineer's Personnel at ConstrucUlon 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 persoinnel 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 respionsib,illities, including, but not limited' to,, all
construction methods, means, techniques, sequences, and procedures
necessary for coordlinating 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
L he agreement between CITY and ENGINEER be construed as requiring
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PM O Official Release Date: 112812013
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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
o:bservation(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 equi,pment is reasonably required to performl 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 critieri'a to be required in the Contract Documents.
F. OP111nions, 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 prolvidinig 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 bi'dldling 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.
G. Constructi"on 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 lions,
claims, security interests, or encumbrances; or that there are not other
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Standard Agreement for Engineering Related Design Services
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matters at issue between the CITY and the construction, contractor that
affect,the amount that should be paid.
H. Record Drawings,
i
Record drawings, if required, will be prepared, in part, on the basis of'
Information compiled and furnished by others, rid 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 inc orporated
into the record drawings.
11. Minority Business, and S all Business Enterprise (MBE)(SBE)
PI a r It"i ci pat io n
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2 11 1, as amended, the City has goal's 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 SBEI
participation. Any misrepresentation of facts (other than a neigligenit
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 subconsultanit agreements,
hereunder a provision to the effect that the subconsultanit, agrees that the
CITY shall, until the expiration of five (5) years aft er 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
subcoinsultan�t) involving transactions to the subcontract, and' further, that the
CITY shall have access dluring normal working hours to all su,bcoinsultant
City of Fort Wolrthi,Texas,
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PMO Official Release Date:1/28/2013
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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) hereof. CITY shall give subcon,sultant
reasonable advance notice of intended audits.
(3 ENGINEER and subiconsultant 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 (C GL) and,, if necessary, commercial
umbrella insurance with a limit of not less than $1 000,000.00 per each
occurrence with a $2,0010,000.001 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i., The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial' umbrella, if any.
This insurance shall apply as primary insurance with respect to,
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that wou�ld alter or nullify:
premises/operations,I prod ucts/colm pleted operations, contractual,
personal injury, or advertizing injury, which, are normally contained
within the pollicy, 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 $ 000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no, vehicles, coverage for hired or noin-evened is
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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 bus iness auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Wo rke rs' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not l�ess, than
$100,,000.00 each accident for bodily injury by accident or $100,000.,0101
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 w rkers compensation and
empll oyer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agrelement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimu�m of $11,,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 compl tiionl f 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
documennted thereon.
City of Fort Worth,Texas
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PMO Official Release Date: 1/28/2013
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d. Any failure on part of the CITY to request requiired 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 C ire:ctor (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 ands have a minimum rating of AV or greater, in the current A.M.
Best Key Rating Guiide or have reasonably equivalent financial strength
and soilvency to the Satisfactions of Risk Management.
g. Any deductible, or self insured retention in excess of $25,0001.00 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. Appilicablle policies Shall cache 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 plo!liciels including
at the, CITY's discretion- the ENGINEER may
endorsements, thereto and, I
be req�uiired to, provide proof of insurance premium payments.
ji. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a, retroactive date coincident with or
tulal agreement.
prior to the date, of the cointrac 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 respoins,ible for the direct payment of any
insurance premiums required by th�is, agreement.
City of Fort Worth,Texas
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m. oub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as reqluired for the ENGINEER. When
sub consult,ants/subcontractors maintain insurance, co!verag,e,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing con-I'llicts of interest or potential conflicts of interest,
in c,luding personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business, relationships w ith abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop s,ubiseq�uent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(11) If asbestos or hazardous su�bstances 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, e,v,allluatio:n.
(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.
01. Permi"tt'ling Authorities - Design Changes
If permitting authorities requi,re design changes so, as to compily with
published design cri�teiria 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'
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
Uy of Fort Worth,Texas
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PMO Official Release Date:1128/2013
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.,
Artilc,le 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
i
the information pr i'd'ed' by the CITY.,
B. Access to Facilities and Property
The CITY will make its facilities accessible, to the ENGINEER as required for
the ENGI'N'E ER's performance of its services. The CITE" will perform, at no
cost to the ENGINEER, such tests of equipment,j machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER'i 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 obta,in,
,arrange,, and pay for all advertisements, for blids; permits and licenses
required by local, state,, or fedierall authorities; and land, easements, rights,-
o:f-way, and access necessary for the ENGINE R's services or PROJECT'
construction.
City of Fort Worth,,Texas
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PMO Offiliciall Release Date: 1128/201'3
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U. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,,
drawings, specifications, proposals, and other documents; obtain advice of
and attorney, insurance couinlselloir, 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 schedle 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 hazard' us 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 irequired above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's nlegl�i,g�ence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to, include iinl all constr cti nl contracts, the provis,ions of
Art,isle ME. 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 Beineficiaries
(1), The CITY agrees to include the following clause in all contracts with
construction contractors and equilipment or materials suppliers.-
"'"'Contractors, subcontractors and equip ant and materials
suppliers on the PROJECT, or their sureties, shall maintain
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no direct action against the ENGINEER, its officers,
e,m!pl�oyees, and subcontractors,, for any claim arising out of,1
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 provis,ion, that such entity or person
shall have no t,hird-party beneficiary rights under this Agreement.
(4) Nothing contained in this section VA. shall be construed as a waiver of any
right the CI TY 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. U11"gat'lion Assi"stancle
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be, negotiated between the parties.
K. Changes
The CITY may make, or approve changes within the general Scope of
Services in this AGREEMENT. If such changes of 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.
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Standard Agireement for Engineering Related Design Services,
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Article V11
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, specif'i cations, documents, and other work products of
the ENGINEER, whether in h rdi copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Meuse, 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 Majoure
The ENGINEER is not responsible for damages or delay in performance
caused by acts olf' Gold, strikes,,, lockouts,,, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER'i s, performany ce of its
obligations hereunder.
Da Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
310 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 compilete studies, plans,
specifications or other forms of ENGI JiEER'S work product-,
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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 GI ER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnificabon
In accordance with: Texas Local Government Code Section 271.,9�04, 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 comm"Itted 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 gn 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 olf' relcovery, including breach of contract or warranty, tort including
negligence, strict or statutory liablility, or any other cause of action, except for
wil,l,ful, 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
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PMO Official Release Date', 1/28/2013
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J u rl'";sdliction
The law of the State of Texas shall govern the val�idity 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. Severabifity 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,1 such invalidity,
illegality, or unenforceability will not aff ect, any other provision, and this
,AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provi,sion had never been contained herein. Articles V.F'., VI.B., VI D., VI.F.,
VI.H., and V1.1. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER sihalil, at all times observe and compily 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 hereu,nd,er, and shall
observe and comply with all ordersy 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 ha,rmless 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 SmIgnatures,
This AGREEMENT including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes ill 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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/2013
Page;15 of 1:16
10
Executed and effective i s `hey -
Y- Y
CITY OF FORT WORTH ENGINEER
Kimley-Horn and Associates, Inc.
awl
Fernando Costa Glean a , P.E.
Assistant City Manager Senior ice President
410w loom%
Date. 7114 Date:
APPROVAL RECOMMENDED:
By: DA
Dougla
Directo , Department of
Transportation/Public orbs
APPROVED AS T FORM AND M&C No.*.
LEGALITY
M&C ale: -.
By-. aAA'(kt-4,/U 1114, �
tas W., e
Assistant it y Attorn
U �
F
ATTEST: 0
4C
Ilr
Kays
City Bursa %0%000 001
City of Fort Worth„Texas
Standard Agreement for Engineering Related Design Services
PMO Official ial Release[date:1/28/2013 OFFICIAL RECORD
MIS 16 of 16 CITY
SECRETARY
FTe WORTH,
I
ATTACHMENT "A99
Soo pefor Enqineering Design Related' Services for Roundabout Design
The scope set forth herein defines the work,to be performed by the ENGINEER in
completing the project. Both the CITY and EN�G,IN�EER have attempted to clearly define the
work to be performed and' address the needs of the Project.
OBJECTIVE
Prepare conceptual design services (up to 30%) for a modem dual-lane roundabout at the
intersection of N. Riverside Drive and Northern Cross Boulevard. The project will be
designed in parallel with two other intersections along N. Riverside Drive which will be bid as
one package. The other two intersections will be designed by other consultants under a
separate contract.
The project will be completed as a two part agreement. The scope of services provided is
for the initial conceptual design engineering services,* there will be a follow up task order to
prepare construction documents.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
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 ►il:l 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 pre-design project kickoff meeting with CITY staff to confirm and clarify
scope,1 understand CITY objectives, and ensure economical and functional designs
that meet CITY requirements
• Attend a pre-design project site visit with CITY staff
Conduct and document weekly project update meetings with ,IT Y Project Manager
Conduct up to two (2) review meetings with the CITY to, go over the conceptual
design, layout
• Conduct and docurnent weekly design, team meetings
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.20,12
Page 1 of 6
Conduct and document weekly or bi-weekly design team meetings with other
consultants to set standards for the project and coordinate project deliverables.
Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
Prepare and submit weekly progress reports in the format provided by the respective
CITY Department.
Prepare and submit baseline Project Schedule initially, and Project Schedule updates
witha schedule narrative weekly.
Coordinate with other agencies and entities as necessary for the design: of the
proposed infrastructure, and provide and obtain information, needed to prepare the
desigin.
ASSUMPTIONS
* The duration for the conceptual design phase will be one month.
DELIVERABLES,
A. Meeting summaries with action items
B. Monthly invoices
C. Weekly progress reports
D. Baseline design schedule
E. Weekly schedule updates with schedule narrative describing any current or
anticipated schedule changes
I
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design all 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, and to obtain the C,ITY's endorsement of this
concept. ENGINEER wiill utilize concepts and criteria contained in the current CITY iSWM
Criteria Manual for SiteDevelo omen and Construction for conceptual: planning and design..
ENGINEER will develop the conceptual design of the roundabout 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
i
conditions that may impact the project including; utilities, agencies (TxD,OT and
railroads), City Master Plans, and property ownership, as available from the Tax
Assessor's office.
City of Fort Worth,Texas
Attachment A
PM Release Date:07.23.2012
Page 2 of 6
• The ENGINEER may obtain hard copies of record drawings, from the CITY. The
record drawings should include but not be limited to roadway plans, right-of-way
information, and utility plans. If available, the CITY will furnish the ENGINEER
electronic copies of the CAD -files of the exist,ing record drawings.,
• The ENGINEER will create a database in a form of a CAD drawing to compile the
record drawing infoirmation gathered in Task 2.1 and the topographic survey
information obtained from! the CITY,.
• Obtain traffic volumes from the CITY.
Obtain topographic survey from CITY.
01 Obtain geotechnical report from the CITY.
0 Perform up to three (3) project site, visits.
2.3. The Conceptual Design Package shall include the following,.-
Traffic Control Plan- Develop a traffic control sequencing plan options to present
to the CITY. Provide a written summary of the diistinct phases, to take place
during construction operations to include road and/or lane closures,, limited
access to adjacent properties, and limited access to pedestrian and bicycle
traffic. Also,: identify potential: staging conflicts, ( necessary) with the roundabout
design at each intersection.
01 Conceptual iSWM Checklist in accordance with the current CITY iSWIVI Criteria
Manual for Site Development and Construction.
• Existing typical sections of'the roadway to, be constructed along with proposed
typical sections which outline the proposed improvements for each leg of the
intersection. Typical,l sections, shall include existing ROW,1 existing, and proposed
lane widths and direction arrows, existing and proposed curbs, sidewalks, and
retaining walls.
• ENGINEER will establish the roundabout's lane configurations, lane markings,
face of curb locations, crosswalks, spli,tter islands, sidewalks, A compliant
curb ramps,, bike ramps, 'truck aprons, and other associated features of the
roundabout for the intersection of N. Riverside Dr. and Northern Cross
Boullevard. The roundabout geometry will be based on a WB-67 design vehicle.
• Drainage area map with supporting drainage computation in the CITY"s standard
tabular format.
• ENGINEER will delineate the watershed based on contour data and field
verification and docume�nt existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1 200'
scale from available 2-foo:t contour data with the contours labeled. Data source
and year will be provided by the CITY., Calculations regarding street and right-of-
way capacities and design discharges (5-year and 1 00-year-frequencies) at
selected critical loc,a,t,ions will be provided. Other fre�q�uenciels, as required by,
iSWIVI criteria may be appropriate for outfalls and sensitive locations. Capacities
of existing storm drain will be calculated and shown. All calculations, shall
conform to CITY criteria delineated in the CITY's current isWM Criteria Handal
City of Fort Worth,Texas
Attalchmienit A
PMO Release Date-,07,23,2,012
Page 3 of 6
110 1
for Site Development and Construction. Ali local-ions in the! project area where
1'gg!-year runoff exceeds available s,toirm drain and right-of-way capacities shall
be clearly identified. The ENGINEER's responsibility includes recommen�dations
for improvements of the existing system as deemed reasonable and consistent
with CITY standards.
• Documentation of'key design decisions.
i t ruction cost.
• Estimates of probable cons
2.3., Stla�nd'�ard Landscape Conceptual Plan
Prepare up to two (2) conceptual renderings of the landscape plan for the central
island for N. Riverside Drive and Northern Cross Bou�llevard for review by the
CITY based upon CITY design criteria. The plan will illustrate the proposed
landscape and hardscape element's located within the central island of'the
roundabout as the standard approach to each roundabout along -the corridor.
The plan will be, prepared in an effort to, meet the design and budget,
requirements set by the CITY.
Graphic exhibits showing the landscape and hardscape concepts,from plan view
and section view, one (1) view per concept.
Opinion of Probable Construction Costs for each concept.
2.4., Public Meeting
• After the conceptual layout plan has been reviewed and approved by the CITY,
the ENGIINE,ER shall prepare project exhibits, and attend public meet�ing to help
explain the proposed project to residents. The CITY shall selle�c�t a suitable
location�, prepare and mail the invitation letters to the affected customers. The
ENGINEER shall coordinate with the CITY G,IS staff to identify affected property
olwners,/'resi,dents, and develop a spreadsheet listing addresses of those to, invite
to the public, meeting.,
2.51. Utility Clearance
• The ENGINEER will consult with the IT "'s Transportation and Public Works
Department, Water Department,, and other CITY departments,, public utilities,
private utilities, private utilities and government agencies to determine -the
approximate location of above and underground utilii1 t,ies, and other facilit,ies
(current and future) that have an impact or influence on the project. ENGINEER
will design CITY facilities, to avoid or minimize conflicts, with existing utilities, and
where known and possible consider poltenitia�l future utilities in desig�ns.
• The ENGINEER shall upload individual DWIF-files,fo�r the approved conceptual
plan set to the designated project folder in Buzz,saw for forwarding to all utility
companies which have facilities within the l'�imits of-the project., The D files
should be created directly from the CAD files as, opposed to PDF files.,
ASS!U!MPTION�S
0 Attend one (1) Public Meeting
City of Fort Worth,Texas
A,ftachment A
PIS O Release Date:07.23.2012
Page!4 of 6
0 All storm water calculations, and design shall conform to the CITY current iSWM
Criteria Manual for Site Development and Con,struction,
0 3 sets of 11 JJx1 7); size, plans will be delivered for the 30% design.
DWF files created from design CAD drawings, will be uploaded to the designated
project folder in Buzz,saw.
• DW'G files in Auto,CAD: 2013 will be uploaded to the designated project folder in
Bu�z,zsaw.
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DEL,IVERABLES
A. Conceptual Design Package
B. Utility Clearance drawings
C. Estimates of probable construction cost
D. Public Meeting exhibits
E. The pdf will consist of one file of the entire plan set. The dwf will consist of'
individual', -files, one for each plan sheet, and will be numbered ands named in a
manner similar to that of the plan set index.
Additional Services not included in the exi,st*ln cope 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 CIT written ritten request. Any additional amounts paid to the
ENGINEER, as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
Negotiation of easements or property acquisition..
Operational analysis and report for the roundabout.
Preparation of construction plans or contract documents.
Conductinig SUE services.
Performing geotechnical services.
Performing topographic survey services.
Bidding and construction phase services.
Services related to development of the CITY's project financing and or budg�et,.
Services related to disputes over pr,e-qualification, bid piroltes,ts,, bid rejection
and re-bidding of the contract for construction.
Construction management and inspection services
Performance of materials testing or specialty testing services,.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
Services related to warranty claims, enforcement and inspection after final
completion.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 5 of 6
OervIce t su bring, defend, or assist in !litigation
s o p port, pr epare, u
docment, l io
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
PMO Release Date-017,23.20112
Page 6 of 6
ATTACHMENT B
COMPENSATION
Design Services for
N. Riverside Drive and Northern Cross Boulevard Roundabout Design
City Pr .No
ect' 0
0.1 JBJZ
Lump Sum Project
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $45,000 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total
Project Fees. The total lurnp, sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
,and equipment necessary to deliver the services,.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of Payment.
11. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's, approval of
an invoice prepared and su�bir itted by the ENGINEER in the format and including
content as presented in Exhibit 13-1, Progress Reports as required in item III. of
this Attachment B, and the project schedule.
B. The estimated current phys,ical percent complete as required on the invoice shall
be calculated from the progress schedule and according to the current version of
the City of Fort Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee, payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice, shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
111111. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of'the
Transportation and Public Works Department, weekly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8,09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Pro act Fees
Firm Primary Responsibility Fee Amount
Prime Consultant
Fin ley-Horn and Roundabout conceptual $451000.00 1001%
Associates,, Inc.
design, project management
Proposed MBE/SBE Su b-Consultants
Non-MBE/SBE Consultants
TOTAL $.45,000.00 100�%,
.............................
Project Number & Name Total Fee MBE/SBE Fee Ill BE/SBE
N. Riverside, Drive and I" rthern Cross $ 457000.00 $ 0 0 %
Boulevard Roundabout Des,ign I I
City MNVB,E Goal = An/a Consultant Committed Goal n/a
City of Fort Worth,Texas
Attachment B
FA Official Release Date.,8.09.20,12
Page 2 of 31
B,-2
EXHIBIT "13-1$9
ENGINEER IWVOICE
(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 olf Fort Worth,Texas
Attachment B
PMO Official Release Date.-8.019.2012
Page 3 of 3
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