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HomeMy WebLinkAboutContract 27582� , � CIYY SEGRE�A�Y C�NTRA�T IVp . �� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEER[NG S�RV[CES This AGREEMENT is between tt�e City of Fart War�h (tne "C[TY"), and URS Corporation (the "ENGfNEER"), far a PROJECT general{y ciescribed as a feasibility study for the Trinity Parkway crossing of Lancaster Avenue. Article I Scope of Services A. The Scope of Services is set fortl� in Aitachm�nt A. Article fl Campensation A. The ENGINEER's compensa#ian is set forth in Attachment B. Article IZI Terms of Payment Payments ta the ENGINEER will ba made as follows: A. Ir�voice and Payment {1) The ENGINEER sha�l provide the C1TY sufficient documentation to reasonabfy substantiate the invoices. (2) Monfhly invoices will be issued by�the ENGIN�ER for all work petfiormed under this AGREEMENT. In�oices are due and payable within 3Q days of recei�t. (3) lJpon campletion of serviees enumerated in Article I, the final payment of any �alance will be due within 30 c�ays of receipt of the final in�oice. {�) In the event of a disputed or cantested billing, only that poriion so coniesfed will be withheld �rom payment, and the �ndisputed por�ion wifl be paic�. The CiTY wi11 exercise reasonableness in contesting any bill or partion tf�ereof. No int�resi will accrue on any contested por�Eon of the bil[ing until mutually resal�ed. (5} If the CITY fails to make payment in full to the ENGINEER for billings contested in goad faith within fi0 days of fhe amaunt due, the ENGINEER r�ay, after giving seven (7) days' written notice to C1TY, suspend services under this AGREEMENT until paici in full, including interest. In th� ev�nt of susp�nsion ofi services, the ENGINEER sha[I have no liability to CITY for delays or damages ca�sed the CITY because o# such suspension of S�NICES. -�- � ���r�� -_ .�ti . � �.�� , Articie N Obligations of the ENGINEER Amenctments to Ar�iel� IV, if any, are includec! fn A�tachment C. A. General The ENGINEER wi11 serve as tF�e CITY's professionai engineering representative under this Agr�ement, providing professional engineering consultation and acivice and furnishing custamary services incidental thereto. B. Sfandard of Care The standard of care applicabls to the ENGiNEER's services wiU be tl�e degree of s�ill and diligence normally employed in the 5tate of Texas by professionai engineers ar consuftants performing the sam� or similar services at the time such services are perfarmed. C. SUbsur#ace [n�estigafions {�) The ENGiI�EER shal� advise the CiTY with regard to the necessity �or subeantract woric such as special surveys, tests, test borings, or ather subsurface investigations in cannection ►nritf� ciesign and engineering work io be perFormed hereunder. The ENGINEER shall also advise the CITY concerning the resulfs af same. Sucfi� surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. {2) 1n soils, foundation, groundwater, and other subsurface investigations, the actual charact�ristics rnay �ary significantly b�tween successive test points and sample intervals and at locations other than where observatians, exploration, and investigatians ha�e beer� made. Because of the inherent u�ce�tainties in subsurface evaluations, changed or ur�anticipated undergrounc� conditions may occur fhat could affect t�e total PROJECT cast andlor execution. These conditians and cos�lexecution effects are not the respansibility af the ENGINEER. D. Preparation of Engineering Drawings The ENGWEER wifl provide to the CITY the arigEnal drawings of all plans in ink on reproducible plastic film sheets, or as otherwise a�proved i�y CITY, which shall b�come the propert� af th� CITY, CITY may use such drawings in any martner it desires; provided, however, that th� ENGINEER shal� r�ot be fiable for the use af such drawings for any }�roj�ct other than the PRO.�ECT described herein. -2- E. Engineering Perscrnnel ai Constructia� Siie ('!} The presence or duties of the ENGINEER's persannel ai a cflnstrucfion site, whether as on-siie representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relie�e the constructian contractors or any oth�r entity of iheir obl�gations, duties, and responsibilities, incluciing, but nat limited ta, a�l constri�ction methods, means, techniques, sequences, and procedures necessary fnr coordinaiing and completing al! portions of the consiruction work in accordance with the Contract Documents and any health or safety precautions required by such canstruction work. The ENGINEER and its persann�f have no authority to exercise any contro! over a�y construction contractor or other entity or #heir employees in connectian with thei� work or any health or safety precautions. {2) Except to the extent af specific site �isits expressly detailed and set forth in A#tachment A, the ENGINE�R or its personnel sha11 have no obligaiion or responsiE�ifity to �isit ihe construction site to become familiar with the prflgr�ss or quality o� the completed work on the PROJECT ar to determine, in general, if the wark an the PRO�iECT is being performed in a manner indicating that the PRO.�ECT, whan completed, will be in accordance with the Contract Documents, nor shall anything �n the Contract Dacuments or the agreement betwesn CITY and ENGiNEER be consirued as requiring ENGINEER to make exhaustive or continuaus on-site inspections to disca�er �atent de#ects in t�e work or otherwise check the quality or quantity af the work on the PROJECT. kf, far any reason, the ENGINEER st�ould make an on-site akaservation{s), on the basis af such on-site observations, if any, the ENG4NEER shail endeavor to keep the CITY informed of any deviation from the Confract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (3} When professi�nal certification or perfarmance or characterisfiics of materials, systems or equipment is reasonably required to perForm #he services set forth in the Scope of Ser�ices, the ENGINEER shall be entitled to rely upon such cer#ification to establish materials, systems or equipment and perFarmance criteria to be req�ired in the Cantract Docum�nts. �. Opinians of Probabie Gost, Financial Cansiderations, ar�d Schedules (1) The ENGINEER shall pra�ide oginions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In praviding opinio�s of cast, financial analyses, economic feasibility prajections, and schedules fnr the PRQJECT, the ENGINEER has no control over cos# or price of ]abor and materials; unknawn ar latent conditians of existing equ��ment or structures tY�at may affect operatron or maintenance cosis; competiti�e biciding procedures and market conditians; time or qua�ify or performance by third parties; quality, type manageme�nt, -�- G. � � J. or direction af operat�ng personnel; factors that may materially affect th Ti�ere�ore, the ENGINEER rr�akes PROJECT costs, financial aspects, nat vary from the ENGINEER`s estimates, Constr�cfion Pragress Payments and other economic and operatianai e ultimate PRO�ECT cost ar schedule. no warranty that the CITY's actual econamic feasibi�[ty, or schedules will opinions, analyses, projections, ar Recommendations by the EIVGINEER to the C{TY for periadic construction progress �ayments to the construction contractor wili be based on the ENGINEER's knowledge, in�ormation, and belief #rom seleciiv� sampling and abservation that the work has progressed to the point jndicated. Such recommendations c�a not represent that continuous or detail�d �xaminations have been made by �e ENGINEER ta ascertain that the construction contractor nas completed the wark in exact accordance with the Contract Dacuments; #hai the finai work wiH be acceptable in all respects; that the ENGWEER has made an examination to ascertain how ar for what purpase the construction cantractor has used #he maneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and Gear of liens, claims, securi�y interests, or encumbrances; or that there are nnt ott�er matters at issue between tha C{TY and the canstruction contractor that affect the amaunt i�at should be paid. Record Drawings Record drawings, if required, will I�e prepar�d, in part, on the basis of information corr�piled and furnished by others, and may nat always represent the exact location, type of various components, or exact mann�r in whicF� the PR0,IECT was fina�ly canstructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Minority and Woman Business Enferprise (MIWBE} ParEicipatior� ln accord with the City af For# Wotth Ordinance No. 11923, as amended by Ordinance 13471, the CITY f�as goals For the participation of minority business enterprises and woman business enterprises in CITY contracts, ENGINEER acknowled�es the M/WBE goal established far this contract and its commitment to meet that goal. Any misrepresentatEon of facts (other than a negligent misrepresentation) andlor tF�e cammission af fraud by the E�VGINEER may result in the termi�aiion af this agreement and debarment from part�cipating in CITY contracts for a period of time of nat less than three (3) years. Right to Audif {�S) ENGINEER agrees that the CITY shall, untik ihe expiration of three (3) y�ars aft�r fina� payment under this contract, have access to and the right to examine and photocopy any directly pe�kinent baoks, documents, papers and records af the ENGINEER involving transactions reEaiing to this con#ract. ENGINEER agrees that the CITY shall have access during normal worki�g hours ta all necessary ENGINEER facilities and shall be provided adequate and appropriate workspace in order to conduct audits in -�- compliance with fhe pravisions of this section. The CITY shall give ENGfNEER reasonable. adva�ce notice of intended audiis. (2} ENGINEER further agre�s to inc{ude in a!l its subconsultant agreements hereunder a pro�ision to the eff�cf that the subconsultant agrees tF�at the CITY shall, until the expiration of thres {3) years after final payment u�der the subcontract, have access to and the right t� examine and photocapy any directly pertir�ent books, documents, papers and records of such subconsultant, involving transactians to the subcantract, and further, that the CiTY shall have access during normal working hours to a[I necessary subconsultant facilities, and shall be pro�ided adequate and apprapriate work space, in order to conduct audits in compliance with the provisions of this article tagether with subsection (3} her�of. CITY shall give subca�sultant reasonable advance natice of intended audi#s. {3) ENGINEER and subcansultant agree to phatocopy such documents as may be requested by the CITY. The CITY agrees to reimfi�urse ENGINEER for the cost of copies at the ra#e publisY�ed in the Texas Administrative Code in effect as of the time capying is performecE. K. ENGINEER'S Insurance (1) lnsurance coverage and limits: ENGINEER shall pravide to the CITY certificate(s} of insurance dacumen#ing policies of the following coverage at m�nimum (imits which are to be in effect priar ia commencement of work on the PROJECT: Commercial General Liability $1,000,�00 each occurrence $1,000,000 aggregate Automobile Liability $1,OOO,Q00 each accider�t (ar reasonably equivalent lim�ts af coverage if writter� on a split limits basis). Coverage shall be on any vehicle used iri the course of tt�e PROJECT. Worker's Campe�sation Coverage A: statutnry limits Co�erage B: $�OQ,QOfl each accident $50�,04Q disease — policy limit $100,000 disease — each employee Professional Liability $1,dOQ,000 each claim/annua! aggregate (2} Certificates of insurance evidencing that the ENGINEEF� has obtained all required ir�surance shall be delivered to the CfTY prior to ENGINEER proceeding with the PROJECT. -5- {a) Appficable policies shall be enforced to name fhe CiTY an AdcEitional insureci ti�ereon, as its interests may app�ar. The ierm CITY shali inc[ud� its em�layees, officers, officials, agents, and volunteers as respects the contracted services. (bj C�rtificate(s) of insuranee shall document tha# insurance coverages specified according to Section K.(1) and K.{2) of this AGR�EMENT are provided under appkicable policies dacumented th�:reon. (c} A�y failure on documentation requir�ments. pari of the CITY ta request requi��d insurance shala �ot cor�stitute a waiver af the insurar�ce (d) A minim�m of•thirty {30} days notice of car�ceilation, non-renawal or material change in coverage shali be pro�ided to the CfTY. A tan (10) days notice shalf be acceptable in the event of nofl-payment ofi premium. Such terms shall be endorsed onto ENGINEER's f�surance palici�s. �lotice shall be sent to Mr. Hugo Malanga, Director, Transportation and Pubfic Works Department, City of Fort Worth, � fl00 Throckm�r�on, Fort Workh, Texas 76102. (e} Insurers for all policies must be authorized to da State of Texas or be otherwise approved by the ir�surers shall be acceptabie to the CITY in terms strength ar�d sol�ency. business in tF�e C{TY; and, suc� af #heir financial (f� Deductible limits, or self ins�ared retentions, affecting insurance required herein may l�e acceptable to the CITY at its sol� discretion; and, in lieu of traditianal insurance, any altemafive coverage maintained through insurance poals or risk retention groups must be also approved. Dedicated financial resources or lettets of credit may also be acceptable to the CITY. (g) Applicable polici�s shal[ each be endorsed with a waiver o� subrogation i� favar of the CITY as respects the PROJECT. (h) The CITY sha[I be enti#led, upon its r�quest and without incurring expense, ta re�iew ihe ENGINEER's insurance policies including endorsements thereto and, at th� CITY's discretian, the ENGINEER may be req�aired ko provide proof af insurance premium payments. (i) The Commercial Ger�eral Liability insurance policy shall have no exclusions by endorsements unless suc� are approved by the CITY. {j} The Pra�essional Liability insurance po�icy, if written on a c(aims made basis shall be maintained by the ENGiNE�R for a minirrium �rva (2) y�ar period subsequent to the term of the respective PROJECT con#ract wi#h the CITY unless sucY� co�erage is provided the ENGINEER an an occurrence basis. -G- {k) The CITY shali not be responsible for the direct payment o# any insura�ce premiums required by this agreement. It is understood ihat insurance cost is ar� allowabl� cflmponent of ENGINEER's overhead. {I) All insurance required in Section K., except for ihe Professional Liability insurance policy, shall be written an an occurrence basis in arder to be appraved by the C1TY. (m) 5ubconsultants to the ENGINEER shafl be r�quirecf by the ENGINEER to maintain the same or reasonably equivalenf insurance coverage as required far tE�e ENGINEER. When insurance co�erage is maintained by �ubconsultants, ENGINEER shall provide CITY with dacumentation thereaf on a certificate af insurance. Notwithstanding anything to the cantrary contained herein, in the event a subconsultar�t's insuranc� coverage is canceled ar terrninat�d, such cancellation or t�rminatian shall nat constitute a breach by ENGENEER af the Agreement. L. independent Consui�ant The ENGIN��R agrees ta perform ali services as an independent consultant and not as a subcontractar, agent, ar ernployee of the ClTY. M. Disclosure The ENGINEER acknowledges ta the CITY that it has made full disclosure in writing of any existing conflicts of interest nr potentiai conflicts of interest, i�cluding persanal �inancial inierest, direcf or in�ir�ct, in property ahutting the proposed PROJECT and business relationships with abutting property owners. The ENGINEER furkher acknowledges that it wil� make disclosure in writing of any conflicts af interest which develvp subsequent ta the signing of this contract and prior to final payment under t�e caniract. N. Asiaestas or Hazardous Substances (1) If asbestas or hazardaus substances in any form are encauntered or suspected, the ENGlNEER will stap Ets own work in the affected portions of the PROJECT to permit testing and eualuation. {2) if asbestos or other hazardaus substances are suspecfed, the ENGINEER will, if requested, assist the CfTY in abtaining the services af a qua�ified subcontractor to manage the remediation activities af the PR0.3ECT. O. Permitting Authorities — Design Chang�s If permitting autharities require design c�anges so as to comply with published design criteria andlor current engineering practice standards which the ENGINEER should ha�e been av�+are of at the time this Agreement was executed, ihe -7- ENGINEER shall revise p{ans and spectfications, a5 requirecl, at its own c�st and expense. However, if design chang�s are required due t� the changes in tr�e permitting authorities' pub{ished design criieria andlor practice standards criteria which are pubiished after th� date of this Agreement whicl� the ENGINEER could nat have been reasonable aware of, the ENGlNEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. � Article V Obligatians of the City Ame€�dments to Article U, if any, are ir�cludeci in Attachment C. A. City-Furnished �ata The CITY wilf make a�aiiable to the ENGfNEER all technicai data in the CITY's possession relating io the ENGINEER's services on the PROJECT. Tt�e ENGINEER may rely upan the accuracy, timeliness, and compieteness of the information provided by the CITY. B. Access to Facilities and Property The CITY wi11 make its facilities acc�ssible to the ENGINEER as required far tt�e ENGINEER's p�rFormar�ce of its services and will provide labor and safefy equipment as required by the ENGINEER for such access. The CiTY wili perform, at no cost to th� ENGINEER, such tests of equipment, machinery, pipelines, and other componenis of the CITY's facilities as may be required in connectian with tE�e ENGINEER's services. The CITY will be responsible for all acts of the CITY's persannel. C. Adver#isemenis, Permits, and Access Unless ot�terwise a�r�ed to in the Scope of Services, the CITY will abtain, arrange, an� pay for all adver�isements far bids; permiis and licenses required by lacal, state, or federal autharities; and land, easements, rights-of-way, and access necessary for the ENGIN�ER's services ar PROJECT construciion. D. Timely Re�iew TF�e C{TY wi1l examine the ENGINEER's studies, re�orts, sketch�s, drawings, specifications, proposals, and other documents; obtain advice o# an attomey, insurance counselor, accountant, auditor, bond and financial ad�isors, and oth�r consultants as the C1TY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accardance with the project schedule in Attaehrnent D. -8- E. Promp# Notice The CITY will give prom�t nofice Yo the ENGINEER when���r CITY observes or becames aware of any developmertt that affects t�a sco�e or timing of the ENGWEER's services or ot any defect in the work of the ENGINEER or co�struction cantractors. F. Asbestos or fiazardaus 5ul�startces and lr�demnification ('{) To the maximum extent permitted by law, the CITY wil� indemnify and release ENGINEER and its officers, employees, and subcontractors from all claims, damages, losses, and costs, incluc�ing, biat nof limited to, attamey's fees and litigation expenses arisi�g out of or relating to the presence, discharge, release, or escape af hazardaus substances, contaminants, or as4�estos on ar fro.m the PROJECT. Nothing contair�ed herein shall be construed to require the CITY fa levy, assess or collect any tax ta fund this indemnification. (2) The indemnification and release required above s�a�l �ot appiy in the event fhe discharge, relea5e or escape of �azardous substances, contaminants, or asbestos is a resuft o� ENGINEER's negligence or if such hazardous substance, contaminant or asbestos is .brought anto the PROJECT by ENGINEER. G. Corttractor Indemnification and Claims T�e CfTY agrees to include in all constructian con�racts tfi�e provisions of Article lV.E. regarding the �NGINEER's Personnel at Constr�ctior� Site, and provisions provicEing cantractor indemnifica#ion � of the Ci7Y and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Par�y Beneficiaries (1} The CITY agrees to include ihe following clause in a1[ contracts with construction contractors ar�d equipment ar materials suppliers: "Contractors, subco�tractors and equipment and ma#erials suppliers on th� PROJECT, or their suretiss, shall maintain no direct action against ti�e ENGINEER, its officers, employees, and subeontractors, for any clairn arising out of, i� connectian with, or resulting fram the engineering services pe�Formed. Only the CITY wilE be the benefciary of any undertakir�g by the ENGINEER." (2) This AGREEMENT gives no right or ber�efits to ar�yone other than the CiTY and the ENGINEER anci ihere are na third-party beneficiaries. (3) TY�e CITY will include in each agreement it enters into with any ather entity or persa� regarding the PROJ�CT a provision that such entity or person shall have �o third-party beneficiary rights under this AGREEMENT. _�_ (4) Nothing contained in this section V.H. snall be canstrued as a waiver of any right the Cl7Y F�as to bring a claim agairrst ENGINEER. L CITY's Insurance (�} The CITY r�ay maintain properiy insurance on certain pre-existing structures associated with the PRO.IECT. - {2) The CITY wlll ensurE that Builders RfsE�/InstaHaiion fnsurance is maintained at ti�e re�lacemer�t cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or docume�tation of s�ch on a certificate of insurance. (3) The CITY will specify thaf the Builders RiskllnskaElation insurance shall be comprehensi�e in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scape of Services does not incl�de costs of the ENGINEER for required or requested assistance to st�pport, pfepare, document, bring, deiend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of th� ENGiNEER, �his AGREEMENT s�all be amended or a s�parate agreement will be negotiakeci between the parties. K. Changes The CITY may mak� or approve changes within tne general Scope of Serv�ces in this AGREEMENT. lf such changes affeci t�e ENGIN�ER's cost of or time required for perFormance of the services, an equitahle adjus#ment will be rnade through an amendment ta this AGREEMENT with appropriate CITY ap�roval. Article V1 General Legal provisions Amendments tv Article V{, if any, are inc{uded in Attachmen# C. A. Aufhorization to Proceed ENGINEER shall �e authorized to proceed with this AGREEMENT upan receipt af a writ#en Notice to Proceed from the CITY. B. Reuse of Projec# Documents All designs, drawings, specifications, documents, and ather work prociucts of the ENGINEER, whether in hard copy or in electronic form, are instrumenis of service far t�is PROJECT, whether the pR�JEGT is comple�ed or noi. Reuse, change, or alteration by the CITY or by athers acting through ar on behalf of the C1TY of any such instruments af service withaut the written permission nf the ENGINEER will be -ro- at the CITY's so�e risk. The ftnal designs, drawings, specificatians and documents shall be owned by the C[TY. C. � Force Majeure The ENGiNEER is not responsible for damages or delay ir� performance caused by acis of God, strikes, Eocfcouts, accir��nts, ar other e�ents beyond-the control of the ENGENEER. Termination (1) This AGREEMENT may be terrr�inated only by the City for canvenience on 30 days' written notice. Tttis AGREEM�N7 may be terminat�d by either the CITY or the ENGINEER �ar caus� if either party fails substantialiy ta perform through no faUft af the other and does not commer�ce correctian af such nonperFormance within five (5) days of written notice and diligently complete the cflrrect�on thereafter. (2) If this AGREEMENT is terminated for the can�en�ence of the C�T�', the ENGINEER will be paid forterminaiion expenses as follows: (a} Cost af reproduction of partial ar complete studies, pEans, sp�cifications or otF�er forms of ENGINE�R's work �roduct; (b) Out-of-pocket expenses for purchasing storag� cantainers, microfilm, electronic data files, and ott�er data storage supplies or services; (c) The time requiremenis for ti�e ENGINEER's personnel to ciacument the work underway at ine time the C{TY's termina�io� for canvenience so that the work effort is suitable for' kong time storage. E. (3) Prior to proceeding with termination services, the ENGlNEEF� will submit to the CITY an itemized staiement of al[ termination expenses, Th� G�TY's appro�al will be obtained in writing priar to proceeding with termination services. Suspension, Delay, ar Interruption to Work The CITY may suspend, del�y, or i�terrupt the services of the ENGINEER for the convenience af the CITY. !n ti�e event of such susp�nsion, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensatian wiiE be made. -� �- F', Indemnificafian {'f) The ENGINE�R agrees to indemnify and de#end the CITY from any Ioss, cast, ar expense claimed by third parties for property damage ar�d badily in�ury, including death, caused salely by the negligence ar willfu! misconducf of the ENGiNEER, its employees, officers, and subcantractars in cannecfion with the PROJECT. � (2) lf the negligence or willful miscor�duct of bath the ENGfNEER and the C1TY (or � person identified above for whom each is lia�le) is a cause af such damage or injury, ti�e loss, cost, or ex}�ense shall be sf�ared between the ENGINEER and the CITY in propor#ior� to their refati�e degrees of neglig�nce or willful misconduct as deiermi�ed pursuant to T.C.P. & R. Code, section 33.0 � 1(4) (Vernon Suppke�nent 1996}. G. Assignm�nt Neiif�er par#y wiH assign all or any part of this AGREEM�NT witho�t the prior writter� consent of the other party. H. lnierpretatian Limitations on liability and indemnities in this AGftEEMENT are business understandings between t�e par�ies and shall apply to a11 the dif#erent theories of recovery, including breach of contract nr warranty, tork including negligence, strict or statutory liabi[ity, or any otf�er cause of action, except for willful miseonduct or gross nagligence for limitati�ns of liability and sole negligence #or indemni#ication. Pa�ties means the ClTY and the ENGINEER, and their officers, employees, agents, and subcontracfors. Jurisdiction The law of the 5tate of Texas sha11 govern the validity of ti�is 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. Alternate �ispute Resolufion {�) All claims, disputes, anci other matkers in questian be�nreen the CITY and ENGINEER arising aut of, ar in connection with this AGREEMENT or the PROJECT, or any breach of any obligatian or' duty of CITY ar �NGINEER heret�nder, wiil be,submitted to mediaiion. If inediation is unsuccessful, the claim, dis�ute or oth�r maiter in questions shall be sut�mitted ta arbitration if both parties acting reasonably agree that the amount of the dispuie is likely to be less than $50,000, exclusive of attomey's fees, casts anc� expenses. Arbitration s�aEl he in accardance wiih the Construction {ndustry Arbitration Rules of the American Arbitratian Association or other appficable rules of the Association then in effect. Any award rendered by the arbitrators less than $SQ,OOQ, exclusive of attamey's fees, costs and exper�ses, will be final, judgement may be �ntered thereon in any caurt having jurisdiction, and will _��_ not be subject ta appeal or mod�iica#ion except io the extent permitted by Sections 10 and 1'f of the Federal Arbitration Aci (9 U.S.C. Sections 10 and 11) {2) Any award greafer than $50,000, exclusive of attarney's fees, costs a�d expenses, may b� litigated by either party on a de �o�o basis. The award shall become �ina! ninety (90) days from the daie same is issued. If G#igatian is filed by either party witnin said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose i� the fi#igation. K. S�verabiliiy and Sur�i�al If any of the provisinns contained in this AGREEMENT are held for any reason to be invalid, illegal, or un�nforcr�ab[e in any r�speci, such invalidity, illegality, or unenforceabili#y wiA nat affect any other provision, and this AGREEMENT sha[I be construed as if such in�alid, illegal, or unenforceable provisian had never been contained f��r�in. Articles V.�., Vi.B, VI.D, VI.H, and V1.J s�a1{ survive tarminatian of this AGREEMENT far any caus�. L. Observe and Compiy ENGINEER shall at ali tiTne observe and comply with all federal and State laws and regulations anc� with all CiTY ardinances and regulations which in any way affect this AGREEMENT a�d the work hereunc�er, and shal{ observe and comply with all orders, laws, ordinances and regulations which may �xist ar may bE enaeted later by goveming badies having jurisdiction or authority for such enactment. Na plea of misunderstandi�g or ignorance th�reof shap be consid�red. ENGINEER agrees to defend, indemnify and hold harml�ss CITY and afl of its offic�rs, agents and em�loyees fram and against all cfaims or liabifity arising out nf #he vioEation of any such order, law, ordinanc�, ar regulatian, wt�ether it be by ifself or its emplayees. -13- Article VII Attachments, Sch�duf�s, and Signafiures This AGRE�MENT, incl�ding its attachmenfs and schedules, constitutes the entire AGREEMENT, supersedes all prior written or o�al unders#andings, and may ar�ly be changed by a written amendment executed by both parties. The follawing attachments and schedules are hereby made a part of this AGREEMENT. Attachment A— Scope of Services Attachment B — Compensation Attachment C— Amendments to Standard Agreement for Engineering Serv�ces ATTEST: .�4-f�.J --G�v!/�� G oria Pearson City Secretary APPROVED AS TO �ORM AND LEGALiTY . �, Gary Steinber er Assistant City Attorney ATTEST: _ �� �����-� �..��, ������ ontract Au�hoxization CITY 0� FORT WORTH B : �lo � Bridgette arre Aciing Assistant City Manager APPROVAL RECOMMENDED = �-�,%.- , /�,� �, _. p - .:.. �, -,k.lug� Mafanga, P.E., Director 'fransportafiion and Public Works URS CORPORATION Bv: ��C� � William E. Carbett 5eniar Vice President nate - - `� , -14- , � 1� a�� ,'•}� �� I_I'.-�, , - ATTACHIV�EI�TT A SCOPE O�' SERVICES FEASIBXLZTY STUDY FOR THE TRIl�1ITY PARKWAY CROSSING OF LAI�CASTER AVENLTE This agreemeni in�olves studying th� Foch Street/ W. Lancaster Avc. intersection for future itnprovement and providing City oF Fort Worth one design exhibit. The scope a� work %r engineering and planning services inciudes praviding qualified personnel, equipment, materials and supplies required to evaluate alternative desigt�s and to determine the rr�ost feasi�le design far the reguired improvements. Description of Design Concept: o Foch Street / W. Lancaster Ave. intersection would be on an elevated structure. Keep the existing W. Lancaster bridge for local access and remove the rail. Task A —Design Exk�i6its 1. Design Schematic a. Assembly of Data- afl available engineering and other relevant dataldrawings will be collected, inventoried, reviewed, summarized and filed for retri�val and reference throughout the projsct. b. Conceptual Design {1} Obtain aerial maps from City vf Fort Worth. (2) Perforrn fielci review. (3) Develop design exhibits. (4) Generate Lancaster and Foch Street horizontal alignments and ver�ical profiles. (S) Develop street Typical Sections {6} identify right ofway and aceess impacts to adjacent properties. c. The geometric layout o� the two streets wil l be prepared on two 11" X 17'" plan and profile exhibits to a scale of I"-200' horizontal and 1"=20' vertical. d. The g�ometric Iayout will be prepared in accordarice with Gity of Fart VVorth standards. Task B— Qunntities and Cost Estimation De�elop preliminary construc�ion cost estimates for the one alternati�e. Q3/22f02 1 i �' �� - Task C — Lett�r Report Develap letter report summarizing the design and cost issues and present to the City staff. Assumptions 1) The alternative schematics wil� be prepared utilizing existing planametric mapping provided by City of Fort Worth. o�lz�laz ATTACHIVIENT B COMPENSATiON FEASXBXLITY STUDY FOR THE TRZN�TY PARKWAY CRO55ING OF LANCASTER AVENUE The ENGINEER shal2 be cornpensated with a maximum lump sum fee not to exceed $14,277.00 for the pr�ject. Payment of the jump sum shall be considered fi�ll compensation for all labor, materials, supplies, and equipment necessary to cornplete the services described in Attachment A. The ENGINEER shall provide month�y invoices to the City of Fort Wort� for reimbursem�nt of labor costs and expenses incurred in the perforrnance afthe work performed under this agreement sef forth in Article III, Terms of Payment. The total %e wsll not he exceeded without prior written approval from the City of Fart Worth. � ATTACHMEl�T C AMEl�ID1�iENTS TO STANDARD AGREEIViENT FOR EIVGINEERING SERVZCES FEASIBXLITY �TUDY FOR THE TR�NITY PARKWAY CR45SYIliG OF LANCA�TER AVEI�TUE The following paragraphs af the Contract are not included Scope of Servzces for this project and are deleted from the City of Fort Worth Standard Agre�ment far Engineerir►g Ser�vices: • Article iV, Paragraph C, Subsurfitce Investigations; • Artic�e IV, Paragraph E, Engineering Persannel R� Canstruc�ion Site; . � Article IV, Paragraph G, Construction Progress Paynzents; • ,Article �V, Paragraph H, Recarrl Drci»ings; • Article IV, Paragraph T, Minority nnrl Wontr�n Business Enterprise (1Vl/WBE) Pc�rticipatton; •,Article IV, Paragraph N, As�estos or Hazarclous Substances; • Article V, Paragraph F, Asbestos or H�cznrrlous SuGstances and Inrle�ain�catron; and • Article V, Paragraph G, Contrrcitar Iwtrleninification and Claims; Gl