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Home My WebLink AboutContract 27257CIYIf QI� �ORi WORiFi, i�X�S ClTY 5�� r.� ,� STANDAR� AGRE�MI�NY FO�t �NGIN��IMC S��VI�N'�RACi° R�Q. --.. This AGREEMENT is between the City of Fort Worth (the "CITY"}, and Kittleson & Assoc9ates, Inc. (the "ENGINEER"}, for a PROJECT generally described as the Uni��rsity Driv�l7th Street Ro�ndabout Design. Articfe I Scape of Ser�ices A. The Scope of Services is set forth in Attachment A. Arti�le Il Compensation A. The ENGINEER's compensation is set forth in Attachment B. Article III ierms of Paymen# Payments to the ENGINEER will be made as foilows: A. Invoice and �ayment (1) The ENGINEER shall provide the CITY sufficient dvcumentation to reasonably subsiantiate #he in�oices. (2) Monthly in�oices will be under this AGREEMENT rec�ipt. issued by the ENGINEER for all wark performed . Invoices are due and payable wit�in 30 days ofi (3) Upon cam�letion of services enumera#ed in Article I, #he final payment of any balana� wi�l be due within 30 days of r�ceipt of the final in�oice. (4} In the e�ent of a disp�ated or cantested billing, vnly that portion so contested will be withheld from payment, and the undisputed portion wi11 b� paid. The CITY wiEl exercise reasanableness in contesting any bill or portion thereof. No interest will accrue on any contested portion af the billing until mutually r�sol�ed. (5) If the CITY fails ta ma�Ce payment in full to the ENGINEER for biliings cont�sted in good faith within 60 days of th� amount due, the ENGINEER may, after gi�ing se�en (7) days' written notice to CITY, suspend services under this AGREEMENT until paid in fiul[, including �nterest. In the event of suspensian af sen►ices, the ENGINEER shall ha�e no liability to CITY for delays or damages caused t�e ClTY because of 5uch suspension of services. � � _ �� -i- ' �� U �I��' ' �i� �o �►G`�� . Artjcle IV Obliga#ians a# the EidGli�l�ER Am�ndments to Article IV, if any, are included in Attachment C. A. �eneral The ENGINEER wili ser�e as the CITY's professional engineering representative under this Agreement, praviding prafessianal engineering consultation and ad�ice and furnishing customary services incidental thereto. �. Stand�rd of C�re The standard of care applicable to th� ENGINEER's ser�ices will be the degree of skill and diligence normally employed in the Sta#e of Texas by professional engineers or consuftants performing the same or similar services at the time such services are per#ormed. G. Subsurface Investigations {1) The ENG W EER shall ad�ise the CITY with regard to the necessity for subcontract work such as speciaf surveys, tests, test l�orings, ar other subsurface investigations in cannection with design and engi�eering work to be gerFormec� hereunder_ The ENG{NEER 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. (2) In soils, foundation, graundwater, and other subsurface investigations, the actuaf characteristics may �ary significantly between successive test poi�ts ar�d sample intervals and at iocations other than where observations, exploration, and in�estigations have b��n made. Because ofi the inherent uncertainties in subsurface evaluatians, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost andlor execution. These conditians and cost/execution effects are not the responsibility of the ENGINE�R. D. f�reparation of �ngineering �rawings The ENGINEER will �rovide to the CITY th� original drawings of all plans in ink on reproducible plastic film sheets, ar as otherwise appraved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, hovve�er, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. _2_ �. I�ngineering Personnel at Construction Site (1) The presence or dufies of the �NGINEER's personnel at a construction site, wheit�er as an-site representatives or otherwise, da not ma�Ce the �NGINEER o� its personnel in any way responsible for those duties #hat beiong ta the CITY andlor the CITY's construction contraetors �r other entities, and do r�ot relie�e the construction cantractors ar any other entity of th�ir abligations, duties, and responsibilities, including, but nat limited to, all construction methods, means, techniques, sequsnces, and pracedures necessary for coordir�ating and completing all portio�ts of the cor�structian work in acaordance with the Contract Documents and ar�y health or safety precautions required by such construction work. The ENGINEER and its personnel ha�e no authority to ex�rcEse any control oWer any construction contractor or other entiry or their empfoyees in connectian with their work ar any health or safety precautions. (2} Except t� the e�ent af specific site visits expressly detailed and set #orth in Attachment A, the ENGINEER or its personnel shall ha�e no �bligation or responsibility to visit the constructian site to become familiar with the progress or c�uality of the completed work on the PROJECT or to determine, in general, i� the work on the PROJECT is being performed in a manner indicating that the PROJECT, when campleted, will be in accordance with the Contract Documenfis, nor shall ar�ything in the Cantract Documents or th� agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhausti�e or con#inuous on-siie inspections to disco�er latent defects in the work or otherwise checic the qual�ty or quantity of the work an the PROJECT. I#, for any reason, the ENGINEER should make an on-site observation(s}, on the basis of such on-site observations, if any, the ENGINEER shall encfea�ar ta keep the CITY informed of any de�iation from the Contract Documents coming to the actual notice of ENClNEER regarding the PROJ�GT. (3) When professional certification or performance or characteristics of materials, systems or equipment is reasonably required to p�rform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certif�catEan to establish materials, systems ar equipment and performance criteria to be required in the Contract Docum�nts. I�. Opinions of �robable Cost, �inancial Consfderati�ns, and Schedules (i} The ENGINEER shal[ provid� opinians of probable costs based on the current a�ailable information at the time of preparation, in accordance with Attachment A. {2) In providing opinions af cost, financial analyses, economic feasibility prnjections, and schedules far the PROJ�CT, the ENGiNEER has no control over cost ar price of labar and mat�rials; unknown or latent conditions of existing equipment or structures that may affact aperation or maintenance costs; competiti�e bidding procedures and market conditions; time or qualify ar perfiormance by third parti�s; quality, type management, -3- or directian 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, eco�omic feasibiiity, or schedufes will not vary from the ENGINEER's opinions, analyses, prajections, or estimates. �. H. � � Construction I�rogress �ayments Recommendations by the ENGINEER to the CITY for periodic construction progress paymen#s to the construction con#ractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the wark has pragressed to the point indicatecf. Such r�commendations do nni represent that continuous or detailed examinations have been made by the ENGINEER to ascertain tha# the construction contractar has completed the work in exact accorclance with the Contract Documents; that the fina! work will be accepfable in all respects; that the ENGINEER has made an examina#ion to ascertain hovu �r far �rvhat purpQse the construction contractor has used the mon�ys paid; that title to any of the wark, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that thera are not other matters at issu� betw�en the CITY and the construction contractor that affect the amount that should be paid. �ecord �rawings Recor�l drawings, if required, will be prepared, in part, on the �asis of information compiled and furnished by others, and may not always represent the exact Iocatian, type of various camponents, or exact manner in which the PROJECT was finafly constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. NCinority and Woman �u5iness �nterprise (I�i�IV�BE) Participation In accord wiih the City of Fort Worth Ordinance No. 11923, as amended by Ordinance 13471, the CITY has goals for the participation of minority business enterprises and woman business enterprises in GITY contracts. ENGINEER acknowledges tt�e M/WBE goal established for this contract and its cammitment to meet that goal. Any misrepresen�ation of facts (o#her than a��gligent misrepresentatian} andlor the comm9ssion of fraud by the ENGWEER may resuit in the termination of this agreement and debarment from participating in C�TY contracts for a periad of time of not Eess than tF�ree (3) years. �ight to Audit (1) ENGINEER agre�s that the CITY shall, until the expiratian of three (3) years after final payment under this contract, have access to and the right to examine and photaoopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this cantract. ENGINEER agrees that the CITY shafl have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate anci apprapriate workspace in arder to conduct audits in -4- compiiance with the provisions of this section. The CITY shall gi�e ENGINEER reasonable acf�ance notice of intended audits. (2) �NGIN�ER further agrees ta inelude in all its subconsultant agreements hereunder a pro�ision ta the effect that th� subconsultant agrees that the CITY shall, until the expiration of three (3) years aftar final payment under the subcantract, ha�e access to and the right to examine and �hotacopy any directly pertinent books, documents, papers artd records of such subconsultant, �nvol�ing transactions to the subcontract, and further, #hat the CITY shall have access during normal worEting haurs to all necessary sub�onsu[tant facil�ties, and shall be provided adequate and appropriate work space, in arder to conduct audits in compliance with the prorrisions of this article together with subsection {3) hereof. CITY shall gi�e subconsultant reasonable ad�ance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documen#s as may be requested by the CITY. The CITY agrees to reimburse ENGINEER far the cast of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. IG. FNGIIVFFR'S Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the C1TY certificate(s) of insurance documanting policies of the follawing co�erage at minimum limits which are to bE in eff�ct prior to commencement of wor�C on the PROJECT: Commercial General Liability $1,OOD,OOD eac� occurrence $1,000,000 aggregate Autamobile Liability $1,a00,000 each accident (or reasonably equivalant limits of coverage if written an a split limits basis). Co�erage shall be an any vehic�e used in the course af the F'ROJECT. Work�r's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease — policy limit $1 Q0,000 disease — each employee Professional Liability $1,000,000 each claimlannual aggregate (2} Certificates af insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGWEER proceeding wit� the PROJECT. -5- (a) Applicable polieies shall be enforced to name the ClTY an Additional {nsured thereon, as its interests may appear. The term CITY shalf include its employees, ofificers, officials, agents, and �olunteers as respects the contracted services. (b) Certificate(s} af insurance shall document that insurance co�erages specified accQrding to Sect9on K.(1) and K.(2) of this AGREEMENT are provided under appkicable policies dacumented ti�ereon. (c) Any failure on documentatian requirements. part of the C1TY to request requirec! insurance shall not constitu#e a wai�er of the insurancs (d) A minimum of thirty (30} days notice of cancellation, nan-renewal or materiaf change in coverage shall be provided to the CITY. A t�n {10) days notic� shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed ontv ENGINEER's Insurance policies. Notice shall be sent to Mr. Hugo Mafanga, Director, Transpartation and F'ublic Works Department, City of Fort Worth, 100D Throckmarton, Fort Warth, Texas 76102. (e) Insurers for all policies must be authorized to cio business in the State of Texas or be otherwise approved by the GITY; and, such ins�rers shalf be acceptable to the CfTY in terms of their fiinancial strength and solvency. {f) Deductible limits, or self insured retentions, affecting insurance required herein may b� acceptable ta the CITY at its sole discretion; and, in lieu of traditiona� insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resaurces or ie#ters af credit may also be accepiable to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in fa�or of the CITY as respects the PRO.�ECT. (h) The CITY shall be entitled, upan its request and without incurring expense, to re�iew the ENGINEER's insurance policies including endarsements thereto and, at the C1TY's discretion, the �NGINEER may be required to pro�ide proof of insurance premium payments. (i} The Commercial General Liability insurance policy shall ha�e no exclusions by endorsements unless such are appro�ed by the GITY. Q) The Professional Liability insurance policy, if written on a claims macEe basis shall be maintained by the ENGINEER for a minimum two (2) year period subs�qu�nt to the term of the respective PROJECT contract with the CITY unless such coverage is pravided the ENGINEER on an occurrence basis. -6- (k) The CITY shalf not be responsible for the direct payment af any insurance premiums required by this agreement. It is understood that insurance cost is an allowa6le component ofi ENGINEER's overhead. (I} All insurance required in Section K., exce�# for the Professional Liability insurance policy, shall I�e written on an occurrence basis in order to be appra�ed by the CITY. (m) Suhconsultants to the ENGINEER shall �Oe required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as requir�d for th� ENGIN�ER. When insurance caverage is maintained by subcansultants, �NGINEER shall pro�ide CITY with documentation thereof an a.ce�tificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcons�altant's insurance ca�erage is canceled vr terminated, such canceflation or termination shall not constitute a br�ach by ENGINEER of th� Agr�em�nt. L. Independent Consul�ani The ENGINEER agrees to perform all ser�ices as an independeni consultan# and not as a subcontractor, ag�nt, or emp{oy�e of the CITY. M. �isclosure The ENGINEER acknowledges to the CITY that it has made fiul� disclosure in writing �f any exis#ing canflicts of interest or potential conflicts of interest, including personal financiaf interest, direct or indirect, in property abutting the proposed PROJECT and business relationsf�ips with abutting property owners. The ENGINEER further acknowledges #hat it will make disclosure in writing of any conflicts af interest which develop subsequent to the signing of this contract and prior ta fina[ payment under the cantract. Fd. �sbestos or ba�ardous �ubstances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stap its own wark in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardaus substances are suspected, the ENGINEER will, if requested, assist the CITY in abtaining the services of a qualified subco�tractor to manage the remediation acti�ities of the PROJECT. O. �ermitting Authorities -� �esign Changes If permitting authorities require d�sign chang�s so as to comply with pul�lished design criteria and/or current engineering practice standards which the ENGINEER should ha�e been aware of at the time this Agreement was exec�ted, the -7- ENGINEER shall revise plans and specifications, as requireci, at its own cast and expense. Hawever, if ciesign changes are required due to the changes in the permitting authorities' publis�ed design criteria an�/or practice standards criteria which are published after the date af this Agreement which the ENGINEER could not have been reasona�le aware of, the ENGINEER shali notify the CITY of such changes and an adjustment in campensation will be made through an amendment to this AGREEMENT. �Tr3�I�T/ Obligations of th� City Amendments to Article V, if any, are included in Attachment C. A. City�Furnished Data The CITY will make a�ailable to the ENGINEER all technical data in the C1TY's possession relating to the �NGINEER's services on the PROJECT. The ENGINEER may rely upon tne accuracy, t9meliness, and completeness of the it�formation pro�ided by the CITY. �. ,�cc�ss to �'aciltti�s �nd Property The CITY will make its facilities accessibfe to the ENGINEER as required far the ENGINEER°s performance of its services and will pravide labor and safety equipment as required by the ENGINEER for such access. The CITY will perform, at na cost to the ENGINEER, s�ch tests of equipment, machin�ry, pip�lin�s, and ather components af the CITY's facilities as may be required in connec#ion with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Ad�ertisements, �ermits, and �►ccess Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required �y local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Re�iew The CITY will examine the ENGINE�R's studies, reparts, sketches, drawings, specifications, propasals, and at}�er documents; obtain ad�ice ofi an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appro�ariata; and render in writing decisions required by #he ClTY in a time{y manner in accardance with the prajeet schedule in Attachment D. -s- �. �rompt Notice The CITY will give prompt natice to the ENGINEER whenever C1TY obserrres ar becomes aware of any develapment that affects the scops or timing af the ENGfNEER's servic�s or of any defect in the work of the ENGINE�R or constructior� contractors. �. �sbestos or baaardous �ubstances and Indemnification (� } Ta the maximum extent permitfied by law, the CITY will indemnify and rel�ase ENGINEER and its officers, emplayees, and subcontractors from afl claims, damages, losses, and casts, inc�uding, but not limited to, attorney's fees and litigatian expenses arEsing out af or refating to the presence, discharge, release, �r esca�e of hazardaus substances, contaminants, or asbestos on or from the PROJECT. Nothing cantained herein shall be construed to require the CITY to levy, assess or collec# any tax to fund this indemnification. (2) The indemrtification and rel�ase rec�uired above shall not apply in the e�ent the discharge, release or esca�e ofi hazardous subsiances, contaminants, or asbestos is a result af ENGINEER's r►egligence or if such hazardous substance, contaminant ar asbestos is bro�ght onto the PROJECT by ENGINEER. G. Contractor lndemnification and Claims The C1TY agrees to include in all construction cor�tracts the pro�isions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing coniractor indemnification of #he CITY and the ENGINEER for contractor's negligence. b. �ontractor Claims and Third�Party �eneficiaries (1) Th� CITY agrees to include the following clause in all contrac#s with canstruction contractors and equipment or materials suppliers: "Contractars, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out af, in connection with, or resul#ing from the eng�neering services performed. Only the CITY will be the beneficiary of any undertaking by th� ENGINEER." {2) This AGREEMENT gives na right or benefits to anyone other than the CITY and the ENGINEER and there are nv third-party beneficiaries. (3) The GITY wifl include in each agreement it enters into with any other entity or person regarding the PROJECT a prov�sion that such entity or person �shall ha�e no third-party beneficiary rights under this AGREEMENT. -9- {�4) Nothing contained in this section V.H. shall be construed as a wai�er af any right the CITY has ta bring a claim against ENGINEER. L �1�Y's lnsurance (i } The CITY may maintain property insurance on certain pre-�xisting structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/[nsta[lation insurance is mairttained at the replacement cost �alue of the PROJECT. The CITY may provide ENGINEER a co�y of the policy or documentation of such on a cer�ificate of insurance. �3) The CITY will specify that the Builders Riskllnstallation insuranee sha�l be comprehansi�e in co�erage appropriate to the PROJECT risks. J. �itig�tian Assistance The Scope of Serriices daes not include costs af the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, ar assist in iitigatian undertaken or defended by #he C1TY. In the e�ent CITY requests such services of the ENG�NEER, �his AGREEMENT shall be amendec� or a separate agreement will be negotiated be�tween the parties. IC. Changes The CITY may make or appro�e chang�s within the general Scope of Services in this AGREEMENT. If such changes affect the ENGfNEER's cost of ar time required for performance of the services, an aquitable adjustment will be made through an amendment to this AGREEMENT with apprapriate CITY approval. �.rticle Vl Generaf t�egal Provisions Amendments to Article VI, if ar�y, are included �n Attachment C. d. �,uthori�atian to �roceed ENGINEER shall be autharized to proceed with this AGREEMENT upon receipt af a written Notice to Proceed from the CITY. �. Reuse of Project Documen#s All designs, drawings, specifications, documents, and nther work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed ar not. Reuse, change, or alteration by the CITY or by athers acting through or on behalf of the CITY of any such in�truments of service without the written permission af the ENGINEER wif[ be -lo- at the CITY's sole risk. The final designs, c�rawings, specifications and documents shall be owned by the CITY. C. �� orce ii�a�eure The ENGINEER is nat responsible fiar damages ar delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGIN�ER. i�rmination (1) This AGREEMENT may be terminated only t�y the City for convenie�ce ort 30 days' written notic�. This AGREEMENT may be terminated by either the CITY or the ENGWEER for cause if eit�er party fails substantial�y to perform thr�ugh r�a fault of the other and does not commence correction of such nonp�rfarmance wiihin five (5) days of written notice and diligentfy complete the correction thereafter. (2) If this AGRE�M�tiT is terminated for the convenience of the CITY, the ENGINEER wiil be paid for terminatior� expenses as follows: (a} Cost of reproduction of partial ar cvmplete studies, plans, specitications or other forms of ENGINEER's work product; (b} �ut-of-pocket expenses micrafilm, eleciranic data services; fior purchasir�g storage containers, files, and other data storage supplies ar (c) The time requirements for the ENGINEER's personnel to document the wor{c underway at the tim� th� CITY's termination for con�enience so that the work e#fart is suitable far long time storage. E, (3) Prior to proc��ding with termination services, the ENGINEER will submit to the CITY an itemized statement Qf all termination expenses. The CITY's ap�ra�al will be ol�tained in writing prior to proceeding with term�nation services. Suspension, ��lay, or Intarruption to Wnri� The CITY may suspend, delay, or interrupt the services of th� ENGINEER for ihe convenienee ofi the CITY. In the e�ent of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the �NGINEER's personnel and subcontractors, and ENGINEER's cflmpensation will be made. -ll- �. lndemnification (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense cfaimed by third parties for proper[y damage and badily injury, including dea#h, caused soiely by #�e negligence or willful misconduct vf the ENGINEER, its employees, officers, and subcontractors in connection with the PRQJECT. (2) ff the negligence or willful misconciuct of both the ENGINEER and the CITY (or a person identified above for whom each is iiable) is a cause of such damag� or injury, the loss, cost, or expense sF�aA be shared between the ENGINEER and the CITY in proportion ta their relative degrees o# negligence ar willful miscond�c# as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplem�nt 199fi}. G. Assignment Neither party will assign all ar any part af this AGREEMENT without the prior written conser�t of the o�F�er party. H. In�erpretation Limitations an liability and indemnities in this AGREEMENT are business understandings b�tween the parties and shall a�ply to all the different thearies of reco�ery, including breach of contract or warranty, tort including negligence, strict ar statutory liabifity, or any other cause of action, except for willfiu{ misconduct ar gross n�gligenc� for limitations of liability and sole negligence for indemnificatian. Parties means #he CITY and the ENGINEER, and their officers, employees, agents, and subcontractars. I. Jurisdictian The law of the State of Texas shall govem the validity of this AGREEMENT, its int�rpretation and performance, and any �ther claims refated t� it. The �enue for any litigatian related to this AGREEMENT shall be Tarrant County, Texas. J. �lternate �ispute l�esolut�on (1) All claims, disputes, and other matters in question between the C[TY and ENGINEER arising aut of, or in connection with this AGREEMENT or the PROJECT, or any breach af any abligation or duty of CITY or ENGINEER hereuncter, will be submitted to mediation. If inediation is unsucc�ssful, the claim, dispute or other matter in questions shall be submitted to arbitratian if both parties acting reasonably agree that the amount of #he dispute is likely to be less thart $50,40d, exclusi�e af attorney'S fE£'S, costs and expenses. Arbitraii�� shall be in accor.dance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in e#fect. Any award rendered by the arbitrators less than $5D,OOQ, �xclusi�� of attorney's f��s, costs and expenses, will be finaf, judgement may be entered thereon in any court ha�ing jurisdiction, and will -12- not be sub�ect to appeai or modification except to the extent permitted by Sectfans 1 a and 11 of th� Fed�ral Arbitration Act (9 U.S.C. Sections 10 and 11) (2) Any award greater than $50,000, exclusive of attorr�ey's fees, costs and exper�ses, may be litigated by either party on a de r�ovo basis. The award shall become final ninety (9�) days from the date same �s issued. If litiga#ion is filed by either party within said ninety {90) day period, the award shall become null and �oic� and shall not be used by either party for any purpose in the litigation. F�. Se�erabiiity and 5ur�i�al If any of the pro��sions contained in this AGREEMENT are held far any reason to be invalid, illegal, or unenfarceable in any respect, such in�alidity, illegality, or unenforceability will not a�fiect any other provision, and this AGREEMENT shall be construed as if such invalid, ill�gal, or unenforceable provision had neuer been cvntained herein. Articles V.F., VI.B, VI.D, VI.H, and VI.J shafl survive terminatiQn of this AGREEMENT for any cause. �. Obser►re �nd �ompfy ENGiNEER shall at all time observe and comply with all federal and State laws and regulations and with a!I CITY ordinances and regulations which in ar�y way affect this AGREEMENT and the work hereunder, and shaff observe and comply wiih all orders, laws, ordinances and regulations which may exist or may be enacted later i�y ga�erning bodies I�aving jurisdiction or authvrity for such enactment. No plea of misunderstanding or ignorance thereaf shall be considered. ENGIN�ER agrees t� defend, indemnify and hold harml�ss CITY and all of its officers, agents artd employees from and agains# all claims or liability arising out of the �ivlation of any such ard�r, law, ordinanc�, or regulation, whether it be by itself ar its emp[oyees. -I3- �4rticle Vll �ttachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitut�s the entire AGREEMENT, supersedes all prior written or oraf understandings, and may only be changed by a written amendment executed by both parties. The following attachme�ts and schedu[es are hereby made a part of this AGREEMENT. Attachment A-- Scope o# Ser�ices At#achment B - Compensation Attachment C- Amendments to Stancfard Agreement for Engineering Ser�ices ATTEST: , .� �.r.+ f 9� G�or' Pearson � U City Secretary CITY OF �ORT WORTH L Bv: Mike Groomer Assistant City Manager APPROV�D AS TO �'ORM AND LEGALITY ary Stein�er r Assistant City Attorney ATTEST: _ '�� . . , i� - •- �. �.: ��„� __ _ _ ` � : � , C � _ �if `l %��1 .�'I.�=�C,--� ' C��;��:t Au�horiza�i�n �:�t� ! _ .� _ -- •- - �- - s APPROVAL RECOMMENDED .� , �, .`-• � 1 , .. ai � ;...o-i - �_.. -" Hugo A. Malanga, P.E., Directar Transportatian and Public Works KITTLESON & ASS�CIATES, INC. �� - �f 1 �. -14- l/ , r!'�i's� , ��OL�B�1� �� 6 UUI��Y':�YUI7+�1 ATTACHMENT A SCOPE 4F SERVICES Phase 1-- Alternativ�es Development and Refinement o Host ane meeting in Portland, Oregon to review the features and objecti�es of the City- generated Cancept E. We will review past work campleted far the FPA Faundation to identify the most e�ficient means of incorparating past anaIyses. � Perfarm traffic operatianal analysis for existing conditions and a#wenty-year fareeast for three time periods using SIDRA, or Rodel, andlor FHWA-based software. We will use volumes gen�rated pre�iously. If revised volumes ar analysis periods are desired, we assume those foz'ecast tz'af�ic volumes wi]I be provided by the City. • Develop refined scaled c�n�ept design based on Concept E, incorporating the following considerations: ❑ Comments from the City staff; ❑ LacaCion xelative to a�ailable right-of-way and existing constraints; o Alignrraent of approaches and entries consistent with aperational objectives; o Speed consistency and natural path; ❑ Design vehicle; and ❑ Pedestrian, bicyele, and transit treatments. � Prepare summary tables of the geametric layouts and key %atures. • Attend one meeting with City staff in Fort Worth. Present results of Phase 1 and obtain comments from City for potential modifications. a Assess reasonable concepts the City has cansidered or reviewed to compare and contrast the various strengths and weaknasses of the concepts. Provide the City with a listir�g oi the features, benefits, and trade-offs between plans. • Sased on directaon frorn the City, select a preferted altemative for the functional plans. Phase � — Prepare Functional PIans Prepare preliminary harizontal roundabout design af preferred alternaiive in MicroStation or AutoCAD. Design features will include and be limited ta: ❑ Non-calculated horizontal alignrnents sufficient to define key geometric features including approach centerlines; roadway widths and tap�rs; shoulders; channelization; truck apron widths;lane arrangements and storage lengths; and general land and hardscaping setbacks based on sight distance needs; ❑ Design checks on speed consistency, sight distances, and deign vehicle; o Ped�strian and bicycle tra�el paths and crossings; and ❑ Identifying latadscape, hardscape, and signin.g appartunities and constraints. Prepare memorandum summarizing findings and key features of the desi�n. Attend one �neeting with the City in Fort Worth. Present results of Phas� 2. Provide electronic design files of roundabout intersectian. Pravide electronic copies oi the concept drawings registered ta the aerial mapping for future City use. A-1 ATTACHMENT B COMPENSATI01� The ENGINEER shall be compensated r�vith a maximum lump sum fee nat to exceed $2�4,8Q0 for the project. Payrnent of the lur►ap sum shall be cansidered fu�l compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachrnent A. The ENGINEER shall provide monthly invoices to the City of Fort Worth for reimburseznent of labor c�sts and expenses incurred in the performance of the work performed under this a�reement set forCh in Article III, Te� of Payrnent. The total fee will noi be exeeeded without prior writt�n approval from the City of Fort Worth. The foIlowing is the hourly rate schedule for perfoiming the tasks identified in Attachment A.: Stafi' Senior Principal Principal Engineer/Planner Assaciate Engineer/Pianner Senior Engineer/Planner EngineerlPlanner Transportation Analyst Seniar Technician Technician OfFice Support Billing Rate $175 $1S0 $120 �ias $SS $70 $75 ��a $50 Kittlesan & Associates, Inc. standard traffic connting and reproductian service rates are as follows: Ser�ice Turn Count (2 hr3 Turn Caunt (3 hr} Bi-Directional driveway count {5-day) ParkinglDriv�way Count (2 hr) Parking/Driveway Count (3 hrj Misc. Traffic Count Services - Technician Black & White Plot (standard) Full Color Plnt (standard) Blueprints Billin Rate �75.OD/persnn $12Q.QO/person $450 (f�rst driveway) $160 (at�d1. dri�eways) $75.00 $124.00 $35.p0/hr $8.50 $20.00 B-1 ATTACHMENT C AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES OVERVIEW The products and services pravided by the ENGINEER to the CITY are conceptual design and operations analysis �o be used for evaluating the apprapriateness and irnpacts of a potential roundaboui intersection improvetnent at the University Drive/7�` Street intersection. As such, the following construction ariented contract terms are ta be eliminated, replaced, or modified. Articl� N Section C. SubsurFace In�estigatians—Eliminate Article IV Section D. Preparatian of Engineering Drawing� ENGINEER shall provide electronic copies af fina] harizantal plans in place of ink an plastic film sheets, Article IV Section F. Opinions of Prohahle Cost, Financia! Cflnsideratio�ns, and Schedules— Replace (1) with: "The ENGINEER shall provide conceptual intersection impro�ement plans in support of the CITY's effarts to prepare cost opinions." (Z)--Eliminate Article IV Section G. Construction Progre�s Payrnents Eliminaie Article �V Section H. Record D�-awings—Eliminate Article IV Sectit�n I. Minority and Woman Business Enterprise (MIWBE) ParCicipation— Modify ta add; "The M/WBE goal estabIished far the project is wvaivcd." Article IV Section N. Asbestos ar Hazardous Substances—Eliminate Article N Section O. Permitting Authorities—Desig�n Changes--Eliminate ArticIe V�ection F. Asbestos Qr Hazardous Substances--Eliminate Article V Sec�ion G. Contractor Indemnification and CIaims—Eliminate Artieie V Section H. Contractor Claims and Third-Party Beneficiaries--Elinainate C-1 � 1 A DATE: Nov 9, �001 PROJ�CT #: �09x i � F�it��l�oii �t Ass��lai�s, �fi�. �ransportatian PlanningrT'raffic �ngineering PROJEC7 610 SW Afder, Suite 700 o Portland, OR 97205 NAN+IE: City of Fort Worth — 7t" Strcet & � �° Telephone: (503) 228-52�0 University Roundabout ,� FAX: (503) 273-8169 �-mail: REGfPIENT_ THES� MAiEAIALS ARE B�ING �'RANSMIYYED TO YOU: x V!A MAIL ! FOR YO�R FILE/INFO COURIEFi �VERNIGHT A5 REQUEST�D FQR R�VfEW AND COMMENT • �(�,PIE� SENT TO: • City af Fort Worth 3 �City of Fort Worth, Texas, Standard Agreement for Engineering Services lK�1S�1i1Nla►l1l+`III Dear Michael: Enclosed are the three originals of the above refexenced agreement that hav� been re�iewed and signed by our staff. Please return one fully execui�d agreeznent io our office. Brian Ray is available at (SQ3) 228-5230 fox atry additional information. Thank you, / � NAM�: Michael Weiss O�: � � � _� � � 3�Iizabeth Kurtz H:lprojft1e150911corres111Q901 trans,doc