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Home My WebLink AboutContract 44630 CITYSECRUARY CITY OF FORT WORTH, TEXAS CONMCT No., A STANDARD AGREEMENT O " PROFESSIONAL SERVICES This AGREEMENT is between the City of Port Worth, a Texas home-rule municipality (the "CITY"),, and ourston Roundabout Engineering, Inc. a GHD Company), authorized to do busi�noss in Texas, an independent contractor ("Consultant"), for a PROJECT ECT morally described as high volume modern roundabout conceptual design. Article I Scope of Services (1) consultant hereby agrees to e�rform as an independent contractor the services ,sot forth in the Scope of Services attached hereto as Attachment "A". Those services shall be performed in connection with the conceptual design of various high volume roundabouts at select intersections. (2) Additional services, if any, will be requested in writing by the city. City shall not ,pay for any work performed by Consultant or its subconsultants,, subcontractors and/or suppliers that has not been ordered in wri�ting�. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting, from oral orders of any Corson. ticle II compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "'A,". However 'the total foe paid by the city shall not exceed a total of $45,000.00 unless the City and the consultant mutually ,agree upon a fee amount foir additional services and amend this Agreement accordingly. The consultant shall provide monthly invoices to the City. Payment for services, rendered shall be due within thirty 3 days of the uncontested performance of the particular services so ordered and receipt by city of consultant's invoice for payment of same.. Acceptance by Consultant of said ,payment shall operate as, and shall release the city -from all claims or liabililties under this Agreement for anything related to done, or furnished in connection with the services for which payment is made, including, any act or omission of the city in connection with such services. RFC�JVED City of Fort Worth,Texas Standard Agreement for Professional Services l"Mo Official Release Cate: 1/28/20,13, Page"l of 8 (),FFICIAL RECORD CITY SOCRISTARY FT WORT"o RECEIVED Article III Term Unless terminated pursuant to the terms herein, this Agreement, shall be for a term of ninety (90) days, beginning upon the date of its execution, or until the completion of the su�bject matter contempila,ted herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent; servant, or employee of the City. Consultant shall have exclusive controll of and the exclusive right to, control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, age ts, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, an subcontractors, and nothing herein shall be construed as creating a partnership, or joint venture between City and Consultant. Article V Professional Competence and Indemnificabon (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and, competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section, 27'1.9014, the Consultant shall indernnify, hold harmless, and defend the City against liabi'lit y for any damage caused by or resulting from an act of negligence, intentional t+ rt, intelilectual property infringement, or failure to pay a subcontractor or supplier, committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises, control. City of Fort Worth,Texas Standard Agreement for Professional Services PM,O Official Release Date: 1/28/2013 Page 2 of 8 .................. Article VI Insurance (1) Consultant shall not commence work under thi's Agreement until it has, obtained all insurance required under this Article and the City has approved such i�nsura,nce, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has, been so obtained and approva,l given by the City; provided, however, Consultant, may elect to add any sub consult ant as an additional insured under its liability policies. Commercial General Liability $,11,0,00,000 each occurrence $1 000,0100 aggregate Automobile Liability $11,000,000 each ac,c,idient (or reasonably equivalent, lira its of coverage if written on, a split limits bas,is). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage 13: $1,00,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its offilcers,, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of i,nsurance shall be delivered to the Transportation and Public Works, Attention.- Todd Estes,, PIE; 1000 Throckmorton St,., Second, Floor; Fort, Worth TX 761012, prior to commencement of work. c. Any failure on part of the City to request requ,ired insurance documentation shall not constitute a waiver of the insurance requirements specified herein'. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium., City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date* 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do lousiness in the State of Texas and have a current A.M. Best rating of A.- V11 or equivalent measure of financial sitrengith and s:olvency. f. Other than worker's compensat,ion, insurance, in lieu of traditional insurance, city may consider alternative coverage or risk treatment measures through, insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be, endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premilulm, costs for Consultant's in�su�rance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement,, Consultant shall report, in a firmly manner, to City's offilcially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit,or which could result in a property loss. k. Consultant 11 s liability, shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shalil provide complete copies of all insurance policies required, by these Agreement documents., Article Vill Transfer or Assignment City and Consultant each bind, themselves, and their lawful successors, and assigns, to this 4 Agreement. Consultant, its lawful successors and assigns,gns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vill Term inatimon of Contract (1) City may terminate this Agreement for its convenience on 30 da,ys' wriften notice. Either the City or the Consultant for cause may terminate this Agreement, if either Party falls substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services PMO Oifficial Release Date:1/28/2!013 Page 4 of 8 commence correct 1 ion of such nonperformance with 5 days of written notice and diligently complete the correction thereafter, (2), If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein., (3) All reports, whether partial or complete, pir ured under this Agreement, Including any original drawings or documents, 'whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall', be furnished to the City prior to or at the time such services are completed, or upon termination or expiration, of this Agreement. Adele IX to A u dit (1) Consultant agrees that the City shall, until the expiration of three (3) years after finial payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records, of Consultant in lving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours, to all necessary facilities and shall be provided adequate and appropriate work,space in order to conduct audits in compliance with the provisions of this section. City shall giive Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereundery a provision, to the effect that the subcontracting consultant agrees that the City shall, until the expiraltion of three (3) years after final' payment under the subcontract, have access, to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further,, that City shall have access during normal working, hours to all sub- consultant,facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as, may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time, copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date- 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-20111 as amended,, the City has goal's for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and S goals established for this Agreement and its accepted written commitment to MBE and S participation., Any misrepresentation of facts (other than a negligent m i's rep resentatioln), and/or the commission of fraud by the Consultant 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. Article X1 Observe and Com�ply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify ndemn,ify 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 X11 V'enue and Jurisdiction If any action, whether real or asserted,, at law or in equity, arises, on 'the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This. Agreement shall be construed in accordance with the laws of the State of Texas. Article Xill Contract Construct'i'on The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the norm,a,l rule of construction to the effect, that any ambiguities are to be resolved against the drafting, party must not be employed in the C,ity of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:1/'28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Aims le XI,V Sever abillity The, provisions of this Agreement are severable,, and, if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent Jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient, if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified, mail return receipt, requested, postage prepaid, to the address, of the other Party shown below: City of Fort Worth Transportation and Public Works Infrastructure Design and Construction Attn,- Todd Estes) P.E. 1000 Throckmorton Street Fort Worth, Texas 76 102 Consultant: Ourston Roundabout, Engineering, Inc. (a GHD Company) Attn-. Mark Centers, P.E., 5325 Wall Street, Suite 2305 Madison, Wisconsin 53718 Article XVI Headings, The headings contained herein, are for the convenience in reference and are not intended to define or 111mit the scope of any provision of this Agreement, City of Fort Worth,Texas Standard Agreement for Professional Services PIVIO,Official Release Date., 1/28/2013 Page 7 of 8 Article XV11 Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes,, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the/4,4---day o, 12013. BY: BY: CITY OF FORT WORTH ENGINEER X11111 Ourston, Roundabout Engineering, Inc. Fernando Cosia,-P-. Mark Lenters(eO.E. Assistant City Manager Service Group Manager D a t e.- 711 Z//3 Date: io 0//Z J.-/- / APPROVAL RECOMMENDED: By: L M Doug �V prsig, P.E,. Dire tor, 'Transportation & Public Works APPROVED AS TO FORM AND LEGALITY M&C No.: By: h"1114 (I /U t " il""I M&C Date: Wet 6 n Assistant City Attorney Igloo AV, Ar ao_4 b 0. 10 O� ATTEST: A', .0 YA Mary J. Kays C�00000110 Yoh cr City Seetary o 4zt, I'll, 10�§' tl:x1a, City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services PMO Official Release Date:1128120113 CffY SIECRETARY1 Page,8 of 8 X FTvj WO"Hi TIX ATTACHMENT "A" TASKS TO BE PERFORMED All of the work mentioned below shall be performed by ENGINEER for the following tasks: TASK I Intersection of Fossil Creek and North Riverside (C,PN: 0181!0) TASK 2 Intersection of Northern Cross and North Riverside (CP' 01 12 TASK 3 Intersection of Meacham and North Riverside (CPN 0181,2) The scope set forth herein defines the work to be performed by the NGIN iidn 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. Operatl'onal Analysels, (Capacity) Crash Analys*ls 0 Complete an operational analysis of the AM and PM peak hour forecasted traffic volumes for the roundabout using ARCADY8. Determine residual capacity of the roundabout. 9 Complete an operational analysis of the AM and PM peak hour forecasted traffic, volumes for a comparable sig�nal using Synchro. Crash Analysis Review existing crash statistics and patterns at the intersections. Complete crash predictions for the roundabout and signal options. Early Progress Meeti ng (Site Visit) The goal of this meeting will be to • Address any questions and gain sensitivity about the intersection constraints and opportunities. • Constraints (utilities, RW, etc.) Possible construction staging issues (road closure timing; and extents) Possible land use changes that may adjust traffic projections, vehicles. Considerations of interim/ultimate designs., Pedestrian desire lines — routes to, througi h, and leaving the intersection Types of traffic (commuters, tourism, goods moveme�nt, cyclists, etc.) Vehicle type (cars, S,U, trucks) Conduct a field trip with City staff to, assess the existing intersections. Confirm go or no-go for a roundabout at each location before completing the remainder of tasks and scope for each conceptual design. Roundabout Feasibility We will objectively evaluate the feasibility of roundabo,uts, at each of the intersections accounting for safety and operational benefits, impacts, to space, access, construction staging and pedestrian needs. Technical Memorandum ENGINEER will complete a technical memorandum that documents the comparison of the operational and crash i analysis for the signal and roundabout options. The goal of the memorandum is to give the City, the confidence that they have chosen the right intersection solution. City of Fort"Forth,Texas Attachment A Fr Release Date.,07.23,2012 Page 1 of 3 10% once ptuall Design After reviewing the design context and analysis, ENGINEER will complete the preliminary roundabout horizontal geometrics. The design will focus on-, 0 Size and location of circle 0 Alignment of approaches 9 Roundabout functionality by checking fast paths, vision angles, and phi angles Accommodating design vehicle turning movements • Bicycle and pedestrian accommodations • Minimization of rig,ht-of-way impacts • Way-finding needs Conceptual level construction staging Commun"Icationi and or Flow i ENGINEER will forward the, preliminary roundabout horizontal geometries to the City for review and will conduct a web conference meeting: to discuss the roundabout design and any possible changes the City may request. TASKS TO BE PERFORMED All of the work mentioned below shall be performed by ENGINEER for the following task,* TASK 4 Intersection of Old Denton Rd. and Crawford Farms (CPN 01724) Operational Analysi's (Capac"Ity) 0 Complete an operational analysis of the AM and PM peak hour forecasted traffic I volumes for the roundabout using ARCADlY8. 0 Determine residual capacity., 01 Complete a technical memorandum documenting the operational analysis. Prefliminary e& fin ENGINEER will work with the City in completing the roundabout horizontal geometrics., ENGINEER will conduct a web conference meeting to discuss the proposed roundabout design. The design will focus on* )-e Size and location of circle Ali nmient of approaches Roundabout functionality by checking fast paths, vision angles, and phi angles Accommodating design vehicle turning movements )�> Bicycle and pedestrian accommodations �o Minimization of right-of-way impacts ■ Review and provide design guidance on the conceptual vertical design. City of Fort Worth,Texas Attachimient A Page 2 of 3 FinaIl Design - Review E,NGI EVER will cwduct a peer review for each of the follilowing items for the final design of the roundabout. ENGINEER will provide review colmimilents and conduct up to three web- clonference meetings if necessary: Ftali rizontal geornietrics Final i�cal,l geometrics Pavement, marking Signing ■ Jointing Lighting Landscaping Staging Final Plan Review City of Fort Work,Texas Attachment A Page 3 of 3 ATTACHMENT B COMPENSATION Design Services for Conceptual Design of Modern Roundabouts City Project N . 07124 City Prct Mho. 01810 City Project No. 018�12 Lump Sum Project L Compensation A. The ENGINEER shall be compensated a total lump sum fee of 1$451000.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. 11. Met of Payment A. Partial payment shall be made, to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, P,rogres,s, Reports as required in item 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement,. B. The estimated current physical percent complete as required on the invoice shall�l be calculated from the progress schedule as required in Attachment D, to this 1 Standard Agreement and according tai 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. 111. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department weekly progress reports in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:E3,09,2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees r Fir r � ........... -Responsibility Fee Amount % I. Prime Consultant Ourston es n 451000.010 1 q 00 D i , ............ Proposed MBE/SBE Sub-Consultants NJA J Non-MBE/S,BE Consultants N/A ............. TOTAL $ 45.1000.00 1000/. Project Number & Name Total Fee MBE/SBE Fee MBE/SBE S (01724 $12,010 —7 -Old Dien ton and Crawford Farm 0.00 N/A N/A N. Riverside and Fossil Creek '1 10) 1,000.00 NA N/A N. Riverside and Northern Cross (0 1 81 2) $111,110001.00 N/A N/A N. Riverside and Meacham (01812) $11 X00.0 0J N/A N/A % CiCity" MIBE/S,B,E Goal = N!/A% Con�s,u�ltan,t Committed Goal N/A City of Fort Wort,Texas Attachment B; PM O Oifficial Release,Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT C613-119Y ENGINEER INVOICE (Supplement to Attachment B), Insert required, invoice format following this page, including negotiated total budget and allocations of budgets across work types and wolrk ph�aises. City of Fort Worth,Texas Attachment B P Official Release Date-,8,09.2012 Page 3 of w E 13 0 •0 a CL cD CL 0 R 0 .� a a o E o E E c M E o LL w = m CL C 0 E > `l 0 C� t� CL C > 0 � 0 " 0 � Q �w U� 4s 0 ',V u2 CL (D0 4= 0 m LL W w 4) z 0 c C CL Wi cr CD m c' I L CL UL • 4), � � 0C CL' r. �• �0 o o o � ' LL