HomeMy WebLinkAboutContract 45313 m!�!0"'a",SEC I
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CITE OF FORT WORTH, TEXAS - TA
STANDARD AGREEMENT FOR ENGINEERI G RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Forth,, a Texas home-rule
municipality (the "CRY'), and The Rios Group, Inc., auth dzed t do business in Texas,
(the "ENGINEER"), for a PROJECT generally described as: Wedgwood Drainage,
Improvements—Subsurface Utility Engineering Services.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
,article 11
Compensation
A. The EN,GINEER's compensation shall be in the amount of$48,220.00 as set
forth ins ttachment B.
Article Ill
Terms of Payment
Payments to,the ENGINEER will he made as follows:
A. Invoice and Payment
1 The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements, set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
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Cn (2) The ENGINEER will issue monthlyinvoices for all w rk performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon cornpletil n of services enumerated in Article 1, the final payment of
any balance will he due within 30 days of receipt of the final invoice.
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rag City®f Fart Worth,Texas
Standard Agreemient for Engineering Related Design Services
PMO Official Release Date.1128/2013.
r]D
CITY SECRETARY
Page 1 of 1 6
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(4) In the event of a disputed or contested billing, only that portion so contested
�d the undisputed portion will be paid. The
will be withheld from payment, an I � I I , I I
CITY will exercise reasonableness, in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings, contested
i,n good faiths ithin 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Oblil:g,at:"ions of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A, General
The ENGINEER will serve as the CITY's professional engineering
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representative under this Agreement, providing proTessional engineering
consultation and advice and furnishing customary services incidental
thereto.
B101 Standard of Care
The standard of care applicable to the El GINEER's services will be the
degree of skill and diligence, normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the tip me such services, are performed.
CM Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract,work such as special surveys, tests, test borings, or other
subsurface 'investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
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the CITY concerning the results of same. Such surveys, tests, and
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investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMi!O Official Release Date:112812013
Page 2 of 16
2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample 'Intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties, in subsurface evaluations,
changed or unanticipated underground conditions, may occur that
could affect the total PROJECT cost and/or, execution. These
conditions and cost execution effects are not the responsibility of the
ENGINEER.
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Do, Preparat*lon of En�g�,ineering Drawings
The ENGINEER will provide to, the CITY the or�gina.1 drawings of all plans in
ink, on reproducible mylar sheets and electronic files in pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings 'in any manner it desires; provided, however,
that the ENGINEER shall' not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E, E,ngineeli's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise,, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities,, and do not relieve the construction contractors or any other entity of
their,obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques,, sequences, and procedures
necessary for colord:iniating and completing all portions of the construction
work in accordance with the Contract Documents, and any health or safety
precautions required by such construction wort The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that', the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requidng
City of Fort Worth,Texas
Standard Agreement for Engineedng Related Design Services
PMO Official:Release Date:1128/2013
Page 3 of 16
ENGINEER to make; exhaustive or continuous on-site! inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT If the ENGINEER makes, on,-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
('31) When professional certification of performance or characteristics of
m t ri 0
a e als, systems or equipment is reasonably irequired to perform the
services set forth in the Scope, of Services, the ENGINEER shall be entitled
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to rely upon such certification to establilsh materialst systems or equi pment
and performance criteria,to be required in the Contract Documents.
Fl, Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of p Kahle costs based on the
current available 'Information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost) financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
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conditions; time or quaiity of performance by third parties; quality, type,
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management, or direction of operating personnel, and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITYs actual PROJECT costa, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
GI ER's Knowledge, information, and belief from selective saimpling
and obiservation that the work has progressed to the point indicated. Such
reco m mend atio ns do not represent,that continuous or detailed examinations
have been made by the ENGINEER, to ascertain that the construction
contractor has completed the work 'in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects" that the
ENGINEER has made an exam:ination to ascertain how or for what purpose
the construction contractor has used the moneys, paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,,
claims, security interests, or encumbrances; or that there are not other
City,of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/20,13
Page 4 of 18
matters at 'issue between the CITY and the construction contractor that
affect the amount that should be paid.,
H Record Drawings
Record drawings,, if required, will be prepared, in part, on the basis of
information compiled: and furnished by others, and may not always represent
the exact, location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that 'i's incorporated
into the record drawings.
1. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-201:1, as amended, the City has goals for the participation of
minority business enterprises and/or small bus*iness, enterp rises in City
contracts. Engineer acknowledges the MBE and SSE goals established for
this contract and its accepted wn"tten commitment to IVIBE, and S
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
resultin the te�rination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
in, Ri�g, t to Audit,
(1) ENGINEER agrees that the CITE shall, u,ntil the expiration of five (5) years,
after final playment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees,that the CITY shall have access, during normal
working, hours to all necessary ENGINEER facilities, and' shall be provided
adequate and appropriate work space in order to c,onduict audits *in
compliance with the provisions of this, secti�o,n. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to 'include in all Its s,ubconsu�ltant, agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY sihaloll, until the expiration of five (5) years after finals payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant involving transactions to the subcontract,, and further, that-the
CITY' shall have access during n rma.li working hours to al:l subconsultant
City of Fort Worth,,Texas
S,tandard Agreement for Engineering Related Design,Services
PMO Official Release Date::1/218/2013
Page 5 of 16
facilities,, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article,
together with subsection (3) hereof. CITY shall give s in ultant
reasonable advance notice of'Intended audits.
(3) ENGINEER and' subs conisultant agree to photocopy such documents as may
be requested by the CITY. The CITY ,guess to, reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code, 'in
1 i
effect as of'the time copying s performed.
K. INSURANCE
(1), ENGIN�EER'S INSURANCE
a. Commercial General Liability the ENGINEER shall maintain
commercial general liability (CGL) arid, if necessary, commercial
umbrella insurance with a limit of not less than $1 000,000.00 per each
occurrence w,ith, a $2,000,000.010 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
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i. The CITY shall be included as an insured under -the C,GL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This 'insurance shall apply as primary 'insurance with respect to
any other 'insurance or self-insurance programs afforded to the
l' . The Commercial General Liability insurance pollicy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, pro ducts/completed operations, contractual,
personal injury, or advertizing injury, which are ni ably contained
within the Policy, unless the CITY approves such exclusions in
wnting.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
fty or commercial umbrella liability insurance m i i
liability I a"nta"ned in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1 000,000 each accident. Such *insurance, shall cover
liability arising out of "any autolf, including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hire red or non-owned is
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/2812013
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acceptable.
CA
in ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto flability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
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c. Workers' Compensation —ENGINEER shall mai I nta in wo rke rs
compensation and employers liabi if insurance and, f necessary,
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commercial umbrella liability insurance with a limit of not less, than
$100,000.00 each accident for bodily injury by accident or $,100,000.00
each employee for bodily inj I ury by disease, with $50 , �i �. 0 policy limit.
L ENGINEER waives all rights against the CITY and its agents,
ofilers, directors and employees for recovery of damages to the
extent these damages are covered by workers, compensation and
employers liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d!. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, With a minimu'r'n of $11 :0010,000.,00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date, of the, contract or the first date of services to be performed,,
whichever is earlier. Coverage shall be, maintained for a pledod of 5 years
following the completion of the contract. An annual certificate of
insurance speCITically referencing this project shall be submitted to, the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a., Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be del�iveired to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable, policies, shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The to CITY shall
include its employees, officers, officials, agents, and volunteers as
respects,the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified In this agreement are provided under applicable policies
documented thereon.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1128120,13
Page 7 of 16
d I
Any failure on part of the CITY to request required 'insurance
documentation shall not constitute a waiver of the insurance
requirements.
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e. A minimum of thirty (3,0) days notice, of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days, notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director by name), City of Fort "''worth,,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of AN or greater,, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter, the requirements herein Is subject to approval by
the CI Ire writing, if coverage is not provided on a first-dollar basis,. The
CITY, at It sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also, be acceptable to the
CITYM,
h. Applicable policies shall each be endorsed with a waiver, of subrogation
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in favor of the CITY as respects the PROJECT.
L, The CITY shall be entitled,, upon its request and without *Incurring
expense, to review the Ell l l' EER's insurance policies 'Including
endorsements, thereto and, at the Cl 's discretion; the ENGINEER may
I
be required to provide proof of'insurance prem f ium payments.
Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with, or
prior to, the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or clairns-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT' until final
payment and termination of any coverage required, to be maintained aft er
final, payments.
101 The CITY sh,a,ll not be responsible for the direct payment of any
insurance premiums required by this agreement.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Releass Date:1/28/2013
Page 8 of 16
m. Sub consultants, and subcontractors t the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certifi cate of insurance.
L Independent,Consultant
The ENGINEER agrees to perf all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M, Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of it or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N, Asbestos, or Hazardous, Substances
(1) If asbestos or hazardous, substances in any form are encountered or'
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
('2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assistin obtaining the services of' a qualified
subcontractor to manage the remediation activities of the PROJECT.
ON Permaitting Authon'"fiiesm Design Changes
0,
If permitting authorities require design, changes so as to comply with
published, design criteria and/or, current engineering practice standards
which the ENGINEER should have been aware, of at the time this
Agreement was executed, the ENGINEER shall revise plans, and,
,specifications,, as required,, at its own, cost, and expense. However, if'des,i'gn
changes are required due to the changes in the permitting authorities'
published design criteria, and/or practice standards criteria which are
published, after the date of'this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
City of Fort,Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28120113
Page 9 of 1 6
amendment to this AGREEMENT.
P, Schedule
ENGINEER shall manage the PROJECTin accordance With the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included 'in Attachment C.
A, ClKymFurni'shed Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the Cl
B, Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform,, at no
cost to the ENG,INEER, such tests of equipment, machinery, pipelines, and
other components of the Cpl facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the Cl 's personnel.
C, Advert'i weer ts, Permits, and Access,
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
requi,red by local,, state, or federal authorities* and land, easements, rights-
of-way, and access necessary for the EN,GINEER's services or PROJECT
construction.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/2013
Page 10 of 16
D, Ti"mely Revw
"Fhe CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other, documents; obtain advice of
an attorney, insurance counsellor, accountant, aulditor, bond and financial
advisors, and other consultants as the CITY deems appropriate, and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E, Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development, that affects the scope or
timing of the, ENGINEER's services or of any defect in the work of the
ENGINEER or nstrur tti n contractors.,
FA Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform, part of the work at CI 's
facilities that may contain hazardous materials,, 'including asbestos
containing materials,, or conditions, and that ENGINEER had no prior
role 'in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall, not apply" in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claps
The CITY agrees to 'include in all construction contracts the provisions of
Article W.E., regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H, Contractor Claims and Thirda "art yl Beneficiar'lies
(1), The CITY agrees to 'include the following clause in all contracts with
construction contractors, and equipment or materials suppliers:
"Con-tractors, subcontractors and equipment and materials
suppliers on, the PROJECT, car their sureties, shall maintain
City of Fort Worth,Texas
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PMO Official Release Date:1/28/2013
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no direct action against the ENGINEER, its officers,
employees, and subcontractors,, for any claim an'sing out of,
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in connecti,on with, or resulting -from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
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(2) This AGREEMENT glues,ves, no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include 'in, each agreement 'it enters into with any other entity
or person regarding the PROJECT a provision that such en ity or person
shall have no third-party beneficiary nights under this Agreement.
(4) Nothing contained in this section V.H. sha,ll be construed as a waiver of any
right the CITY has to bring a claim against' E,NGINEER.
11 C117Ys Insurance
(1), The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders, Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J, Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested, assistance to support, prepare, document, bring, defend, or
assist in litigation u dertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the, parties.
Ka Changes,
The CITY may make, or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PM O Official Release Date:1/28/20 13
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Article V1
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
All Authorization, to Proceed
ENGINEER shall be authorized to proceed with this, AGREEMENT upon
a
receipt of a written Notice to Proceed from the CITY.
B, Rouse, of Project Documents
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All designs, drawings, speCITICations, d,ocuments, and other 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 or not.
Reuse, change, or afteration, by the CITY or by others acting through or on
behalf of the CITY of any such Instruments of service without the written,
permission of the ENGINEER will be at the I, 's sole risk. The CITY shall
*4*0
own the final designs, drawings, specITICations and documents.
C, Force
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes,, lockouts, accidents, or othier events beyond
the control of the ENGINEER that prevent ENGINEER'l s performance, of its
obligations hereunder.
D,- Term1nation
(1) This AGREEMENT may be term inated' only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for use if elither party falls substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 51 days f'written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for,term ination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
s peci'fications or other forms of ENGINEERS work product',
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/2013
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b.) Out-of-pocket, expenses for purchasing e,lectronic data files and other
data storage supplies or services-
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of' the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in, writing prior to proceeding with
termination services.
E, Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption,, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
Fo Ind err nificati'On
In accordance with Texas L 1 Government Code Section, 271.9041, the
ENGINEER shall 1"ndemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resultaing from, an act of
negligence, *Intentional tort,, intellectual property 'infringement, or
failure to pay a subcontractor or supplier committed by -the ENGINEER
or ENGINEER's agent, consultant under contract, or another entoty
over which the ENGINEER exercises control.
Go Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and *Indemnities, in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach, of contract or warranty, tort including
negligence,, stn"ct,or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification,. Parties mean the CITY and the ENGINEER,
and their officers, empilo yetis i, agents, and subcontractors.
City of Fort Worth,Texas
Standard,Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/20,13
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si
10 Junsdiction
The law of the State f'Texas shall, govern the validity of this AGREEMENT,
its 'Interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT' shall be Tarrant County)
Texas.
J10 Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect,, such *Invalidity,
Illegality, or unenforceability will not affect any other provisilon, and this
AGRE,EMENT' shall be, construed as if such invalid,, illegal,, or unenforceable
provision had, never been contalined herein, Articles V.F., VI.B., VI.D., VI.F.,
VI.H.,, and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at, all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations, wnicn in
any way a,ffect this AGREEMENT and the work hereunder, rid shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by goveming bodies having Jun*sdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered., ENGINEER agrees to defend, it and
hold harmless CITY and all of its officers, agents and employees from and
10
against all claims or liability I ng out of the VI*olation of any such order, lawl
ordinance, or regulation,, whether it be by itself or,its employees.
Article V11
Attachments, Schedules, and Signatures
"his AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all pd or written or oral understandings, and may only be
changed by a written amendment, executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B — Compensation
Attachment C-Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date:1/28/2013
Page 15 of 16
"Of
dtl
day of
Executed and effective!this the
BYS-1 Y*
CITY OF FORT WORTH
The Rios Group,
B -
Fernando Costa Rosa Navejar
Assistant r Preslident
Date: Date
APPROVAL RECOMMENDED.-
By
Douglas,VO. i ,I P.E.
Director, Transportation n Public
Works Department
APPROVED AS T o
LEGALITY
Date:
By: t AA(...............
C
Assistant City Attorney
O�4
ATTEST.
s ,
t 0
Mary J.
City Sec
City V-
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I
Texas OFFICIAL RECORD
ORD
Standard Agreement for Engineering Related Design Services
PMO Official Release Cut's:1/28/2013 CITY�SECRETARY
Page 1 '16 TX
Ifo�uNmn mNd'�NNN�wuwlw urc�vrwmWmuNOmw 4f may„�u�:uoID!9'H',pM�NV�rrw�wVwmu
ATTACHMENT "All
t
ScoDe for,_§ju_bsurfag1 U Li en Services for W Improvements lroi �t
The scope sot forth heroin defines,the'work to, be performed by the ENGINEER In
completing the project., Bof the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs,of the project. Under this scope, "ENGINEER"'
is expanded to include any sued-consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
Provide Subsurface Utility Engineering (SSE)services at various locations in the Wedgwood
Addition as shown In Attachment E.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Subsurface Utility Engineering Services
N
"TASK 1 DESIGN MANAGEMENT.
ENGINEER will manage the work outlined In this scope to ensure efficient and effective use
of EN NEER's and CITY's time and resources., ENGINEER will manage change,
communicate effectively, coordinate internally and externally as neod+ dd l and proactivel y
address issues with the CITY's Project Manager and others as necessary ary to male progress
on the work.
1.1. Managing the Team; l u , manage gun direct design team activities
*� Ensure quality control is practiced in performance of the work
Communicate internally among team members
Task and allocate team, resources
1.2. Communications and Reporting
Attend a meeting with CITE'staff to confirm and clarify,scope, understand CITY
objectives, and ensure economical and functional designs that meet CIS""
requirements.
Prepare 'Invoices, in accordance with Attachment B to this Standard Agreement and
submit in the format requested by the CITY.
0 Personnel and Vehicle Identification: When conducting site visits to the project
locution, the ENGINEER or any of its sub-consultants shell carry readi�ly visible
information identifying the name of the company and the company representative.,
ASSIUMPTI,ONS
0 It is anticipated five (5), utilities will be, located..
0 It is anticipated eleven drawings will be developed (including cover sheet).
City of Fort Worth,Texas
Attachment
Pao Release Date 07/23/2012
Page 1 of 4
DELIVERABLES
* Final Invoice
TASK 24: SUBSURFACE UTILITY ENGINEERING
,2.1. Subsurface Utility Engineering
Provide Subsurface Utility, Engineering (SUE) to Quality Level B as described I+ w.
The SUE all be performed in accordance with C1 E 38-02.
Qua& Level D
0 Conduct appropriate investigations, (e.g., owner records, County/CITY records,
personal interviews,, visual inspections, etc.,), to help 'identify utility owners that
may have facilities within the project limits or that may be affected, by the project.
0 Collect applicable records a.g'., utility owner base maps, "as built' or record,
drawings, permit records, field notes, geographic 'Information system data,, oral
histories, etc.)on the existence and approximate location of existing 'involved
Utilities.
01 Review records for: evidence or indication of additional available records,
duplicate or conflicting information; need for clarification.
I* Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design, plan sheets,, electronic files,, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate.- utility type and ownership; date of depiction;
quality level(s)i, and points of any utility data, line status (e. ., active,, abandoned,,
out of service),- line size and condition, number of jointly buried cables, and
encasement.
QualibL Leyql C, includes l tasks as described for uality Level D)
0 Identify surface features, from project topographic data and from field
observations, that are surface appurtenances, of subsurface utilities.
0 Include survey and correlation of aerial, or ground-mounted utility facilities in
Quality, Level C tasks.
0 Survey surface features of subsurface utility facilities or systems.
0 The survey shall also include in addition to subsurface utility features visible at
the ground, surface)-, determination of invert elevations of any manholes and
vaults- sketches showing interior dimensions: and line connections, of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
0 Exercise professional Judgment to correlate data from different sources, and to
resolve conflicting information.
0 Update or prepare) plan sheets, electronic files, and or other documents to
reflect the integration of Quality Level D and Quality Level C information.
0 Recommend follow-up, 'Investigations (e.g., additional surveys, consultation with
Utility owners, etc.) as may be needed, to further resolve discrepancies.
0 Provide Quality Level' C to *Identify overhead utilities, on the project and provide
-the overhead utility information on the SUE plan sheets.
City of Fort Worth,,Texas
Attachment A
PMO release Date!:07/23/2012
Page 2 of 4
Level B Qngl I
1 -JueLLa ks as described for Level Q
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.,
• Based on an 'Interpretation of'data, mark the indications, of utilities on the ground
surface for subsequent survey. Utilize paint or,other method acceptable for
marking of lines.
Unless otherwise directed, mark centerline of sirs gle-conduit lines,, and outside
edges, of multi-conduit systems.
0 Resolve differences between designated utilities and utility records and surveyed
appurtenances.
Recommend additional measures to resolve differences if they still exist.
Recommend ations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade!to Quality Level A data.
As an alternative to the physical marking of lines,, the ENGINEER may, with
Cl 's approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical, data to the project's
survey control.
Level A,
• Expose and locate utilities at specific locations.
• 'Tie horizonital and: vertical location, of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type:, where applicable.,
0: Provide general soil, type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
2.2. The Subsurface Utility Englineering Package shall include the following.--
0 Cover sheet
0 SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
ASSUMP'TIONS
• The SUE and SUE plan sheets shall be in accordance with C1/ASCU', 3802,.
• Five (51) copies of the SUE package will be delivered. Drawings will be half size
0 1 P'l x 17 11)"
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Bu saw.
DELIVERABLES
0 Subsurface Utility Engineering Package—Finial, drawings shall be submitted as
an Adobe Acrob:alt, PDF forlm:at(version 6.0 or higher),file and DWF format.
There shall be one (1), PD F file of the entire plan set and one (1) D'' F'
(created from CAD application of'drawing). The PDF and D,WF file shall be
created from the original CAD drawing 'files.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 3 of 4
ADDITIONAL SERVICES NOT INCLUDED IN,THE EXISTING SCOPE OF SERVICES
AdOtionall Servi"ces not lncludedd in the a A 0 a S, of Services — CITY and
.eAistin I
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks, above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additi,oinal amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
aBread upon, in writing by both parties before the services, are performed. These
additional services include the following-,
Services related to development of construction plans for stormwater
improvements in Wedgwood Addition.
Services related to development of the CITY's project financing and/or budget.
4P Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Performance of miscellaneous and supplemental services, related to the project
as requested by the CITY.
City ofFort Worth,Texas
Attachment A
PO Reese Date'.07/23/2012
Page 4 of 4
ATTACHMENT13
COMPENSATION
Subsurface Utility Engineering Services,for
Wedgwood Drainage Improvements
City Protect No, 00480
Lump Sum Project
L Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $48,2201.001 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 one final payment as described in Section, 11 -
Method, of Payment.
Method of Payment
A. One final payment shall be made to the E,NG,I,NEER upon City 11 s approval of an
invoice! prepared and submitted by the ENGINEERin the format as presented in
Exhibit B-1, of this Attachment B,
B. Invoice shall be verified as to its accuracy and compliance with the terms of this
Agreement by an Officer of the ENGINEER.
City of F rt Worth,,Texas
Attachment B
PMO Official Release late:8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
111. Summary of Total Project Fees
Firm Primary Responsibil"Ity Fee Amount %
P0ime Consultant
The Rios Gr u 1 Subsurface Utility Engineering $4 8220.0 0 100%,
...............
Proposed MBE/SBE Sub-Consultants
N/A
loin BE/SBE Consultants
N/A
TOTAL $481220.00 1'00%
Pr o"ec,t Number & Name Total Fee M�BE,/'S,BE Fee, MBE/CBE
j
City Project 00480 - SUE for port,ions of $487220.00 $0.00 0%
Wedgwood Addition
.............-
City MBE/SBE Goal = 0% Consultant Cwwitted Goal = 0%
City of Fort Worth,Texas,
Attachment 9
PM0 Official Release Date-,8,09.20 12
Page 2 of 3 B-2
EXHIBIT A&Bol to
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following thils, page, including negotiated total budget and
allocations of budgets across work types and work phases.
City,of Fort Worth,Texas
Attachment 131
P O Officlal Release Date:8.09.2012
Page 3 of 3
B-3
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ATTACHMENT 6S C''''
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Wedgwood Drainage Improvements— Subsurface Utility Engineering
City Project No. 00480
The following changes apply to the "Standard Agreement for Engineering
Related Design Services
Article III Terms of Payment, A. Invoice and Payment (1.)
Replace paragraph wfth "The, Engineer shall provide the City sufficient
documentation to reasonably substantiate the invoices."
Article III Terms of' Ida yme�nt, & Invoice and Payment
Remove from agreement.
Article III Terms of Payment, A. Invoice, and Payment J)
Replace paragraph with "Upon completion of services enumerated in
Article 1, the ENGINEER will *issue a single final invoice for al�l work
performed ulnder this AGREEMENT. Invoice is due and payable within 30
days of receipt.$I
Article III Terms of Payment,_Af Invoice and Payment
Add paragraph :"If after final payment by CITY for completion of services
enumerated in Article 1, the ENGINEER (or predecessor Gorrondoinia
Associates, Inc.) receives any compensation under any snub,cons:ultant
agreement with Slater Engineering, Inc. or McK Engineering, Inc. by virtue
,of the assign tint of Slater Engineering, Inc. agreement), the ENGINEER
shall reimburse the CITY for the amount received.IV
Article IV Obliga to ions of the Engineer: F. 0 unions of Probable Cost, 7l"nancial
Considerations, and Schedules
Remove from agreement.
Article IV Obligations of the En.gineer, G. Construction Progress Payments
Remove from agreement.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2 10
Page I of 2
Article IV Obljq Stu ons of the Engineer., P. Schedule
Remove from agreement.
Article V Obliciations of the City, Advertisements,,, Permits,pnd Access to
Prolect
Replace paragraph with "Unless otherwise agreed to in the Scope of
Services, the CITY will obtain, arrange, and pay for all land, easementsy
rights-olf-way,, and access necessary for the ENGINE ER's services."
Article V Obliqations, of the Cit)& D. Ti i
mely Revew
1#11,
At and of paragraph, delete, in accordance with the Project schedule
prepared in accordance with Attachment D.)I
Article VII Attachments Si atures
, Schedules, and S`-in
Attachment D — Pro ect Schedule- remove from agreement.
City of Fort Worth,Texas
Attachment C
IPMO Release Date:05.19.2010
Page:2 of 2,
Exhibit E
Wedgwood a i age Improvements
City Project I o. 00480
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