Loading...
HomeMy WebLinkAboutContract 46452 ary sECRETAW CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Urban Engineers, Inc. dba Urban Services, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: E. Berry Street Traffic Improvements. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with E. Berry Street Traffic Improvements. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City at an hourly rate for a total amount not to exceed $42,935 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date'.912412014 Page 1 of 9 OFFICIAL RECORD CITY SECRETARY RECEIVED FEB 24P.M. FT. WORTH, TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 60 days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for arty damage caused by or resulting from an act of negligence, Intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/2412014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, Attention: Douglas W. Wiersig, P.E.. Director, 1000 Throckmorton Street, Fortt Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth.Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be fumished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement, Article IK Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement, Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9124/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harrnless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by Itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth,Texas Standard Agreement for Professlonal Services Revislon Date:912412014 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Douglas W. Wiersig, Director 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Urban Engineers, Inc. dba Urban Services, Inc. Attn: J. Mark Mathis, P.E., Office Manager 5601 Bridge Street, Suite 300 Fort Worth, TX 76112 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fon worth,Texas Standard Agreement for Professional Services Revislon Date:9/24/2014 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. RbrLkCL Executed and effective this the '"'I Ly of�, X015. BY: BY: CITY OF FORT WORTH ENGINEER Urban Engineers, Inc. dba Urban Services, Inc. ^) r Fernando Costa Edward M. D'Alba, Assistant City Manager President Date: 412445 Date: �1 `� APPROVAL RECOMMENDED: ATTEST: vi By: By: Dougl W. Wiersig William T. Thomsen, PE Director, TPW Assistant Secretary APPROVED AS TO FORM AND LEGALITY By: Q40-,, 4 Douglas W Black Assistant City Attorney Q� 0' ® fOR y aaaoo / ATTEST: -. 0 o� %. 0 % moo° J. ys r T�XpS City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 8 of 8 OFFICIAL RECO CITY 5SCRETARY FT.WORTH,TX ATTACHMENT "A" Scope for Engineering Design Related Services for Traffic Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE Conduct land surveying and sub-surface engineering services (SUE)to quality Level B at three (3) intersections: Berry St & Evans Av, E. Berry St & Mississippi Av, and E. Berry St & Mitchell Blvd. The survey and SUE will be used as base mapping for the replacement of existing traffic signals at the subject locations. WORK TO BE PERFORMED Task 6. Survey and Subsurface Utility Engineering Services TASK S. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 6.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. No less than two horizontal bench marks, per line or location. Hearings given on all proposed centerlines, or baselines. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 3 — Station equations relating utilities to paving, when appropriate. 6.2 Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Level B (includes tasks as described for Quality Level B) • 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 single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations 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 CITY'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. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. SUE plan drawings sealed by a professional engineer registered in the State of Texas. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Preparing Engineering Design and Construction Documents • Conducting public meetings. • Negotiation of easements or property acquisition. Environmental permitting, including historic survey, hazardous materials survey, flood plain /watershed permitting. • Selling or distributing plans to contractors and maintaining a plan holders list. • Services related to development of the CITY's project financing and/or budget. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 3 • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • 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 of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 3 ATTACHMENT B COMPENSATION Design Services for E. Berry Street Traffic Improvements City Project No. 02544 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2015 Rate 2016 Rate ($/hour) ($/hour) Project Director 160.00 165.00 Project Manager 145.00 150.00 Project Engineer Traffic 85.00 90.00 Project Engineer (Lighting) 105.00 110.00 CADD Technician 40.00 45.00 Administrative 30.00 32.00 ii, Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of five percent (5%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Urban Engineers, Inc. dba Project Management, 3924 8.4 1 Urban Services, Inc Design and Final Plan Preparation Proposed MBE/SBE Sub-Consultants Pacheco Koch Consulting Land Survey & 35,560 75.7 Engineers, Inc. Topographic Mapping The Rios Group, Inc. I Subsurface Engineering 3750 16 Quality Counts, Inc. Traffic Data Collection 0 Services Non-MBE/SBE Consultants TOTAL $ 42935 I 100% Project Number & Name Total Fee M-BEIS-BE Fee MBEISBE $ 42,935 $ 39,310 91.6% Consultant Committed Goal = 90 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fon worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 ■ j E ca k ) 3 / f � . 2 kZ ƒ ! { # 0 � k k { \ ( a. Z \ § ) 2 - � � \ \ / CL � � � & 222 ® ® - 2$ & 0 / $� § ) kk k.. , ; k ! ( {~ ® = eU) _ k \{ )777 ( \ \) 0 EP - k / c j/ ) \ u � § k $ CL E/ k J @ t k a © I | ) 2 � © tf ' ■ m ! { � f | _ CO) CL /~ k mak ) ) U _ § § « ' co , uj ) k ! a � L ( k%\ o « E 2 ocr cr " $ 20'2 �+ 0 �/ \ CL 2 \\\\ M} { { a CLO o o ula_it�£ m !!! ! ! ! Urban Engineers, Inc.dba Urban 817-654-5142 817-492-7001 Invoice 530 Walnut Street, 7th Floor Philadelphia,PA 19106 Consultant Project No. CFW Project Manager Ussette Acevedo Proj.Invoice No. Invoice date: Consultant's Project Manager: Mark Mathis Consultants email: Jmmathis@urbanengineer.com Period From Date To Date Name of Project: City Secretary Contract#: E.Berry Street Traffic Improvements P.O.Number: Labor Cateaory Name Hours Rate(S/hr) Amount Project Manager(example) Mark Mathis 3.0 160.00 $480.00 Senior Engineer(example) $0.DO Engineer(example) $0.00 Junior Engineer(example) $0.00 CAD Technician(example) $0.00 Adminstrative Support(example) $0.00 etc $0.00 $0.00 Direct Expense $0.00 Direct Expense $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 3.0 $480.00 Subcontract Service PIKE—Land Survey $35,560.00 Rios Group—SUE Level B $3,750.00 etc Subcontractor Subtotal $39,310.00 8 Percent Markup on Subcontract Services $3,144,80 Nonlabor Expenses Subconsultant Mark-up—PKE—Land Survey—8% Subconsultant Mark-up—Rios Group—SUE Level B—8% Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) $42,454.80 TOTAL DUE THIS INVOICE $42,934.80 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for E. Berry Street Traffic Improvements City Project No. I. Article II Compensation Acceptance by Consultant of said payment shall operate as and shall release the City From all known claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. II. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the negligent acts and ornissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Ill. Article V Professional Competence and Indemnification (1) Consultant will perform its work utilizing the same degree of skill and care ordinarily exercised by other professionals performing the same or similar work under the same or similar circumstances ("Standard of Care"). Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies in effect at the time the work is performed. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 2 (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, de#aod and hold harmless the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.20 10 Page 2 of 2 W N %a2 $$N N 29ESS W Si W W N NN/$ON N WOW N W N fA$W eA 0 O 4) 0 H r d N 7 Y N A H YI W !M1N i9 W iOW O WIA O 2,D NN W1969 aW Na W,OAW W N N a W N69 K W W 1AN C fV O N /7 M K p N W WV 0 C N N O OW M M O_ O Q O. d � pp pp p po N OW m m ♦- q C m W m M N N M N C O 7 Z C p r0► a me $ .9i $ V N N � W e7 ci co M w o p a0 Y! OW fA W M (9 H W N W N K 19 f9 19 N f9 W W W W 19 IOA N iq H Vi fA N ch Vr fA O VW C a 41 w z E 9 > dO. ; co 00 0 000 000 0 000000 00 Oo00000 0 00 00 0 0000 d Q y � a 0 m d a � N W 0 go 00 o 000 000 0 000000 00 0000000 0 00 0o O 0000 C N i .7� a J> Z'V c 0 00 0 coo Doo 0 000000 00 0000000 0 00 00 0 0000 N � m cN m C•g�t W0=aw o 'Ao 00 0 000 000 0 000000 0o 0000000 0 00 00 0 0000 N J Q' .�C O� a w r� o 00 0 000 000 0 000000 00 0.000000 0 00 00 0 0000 m O1 N a 2 O e'f M O O O O O 000 O 0 0 0 0 0 0 O O 0000000 O O O O O O 0000 o` �O v w E a'p to p c d S d o o `�' W .o g D! 0 Ca ' m m m E roH.° E ° Q 3E oW EN c w0 E g0 L aV $ a (L a CL rr. 0 2S v o v m a� 8i Cdr n<0`+ O m N v D $ N C W ¢ C m C C c > l9 p N r0 O C £ m� mog.c.Er QW ZE cm a� �.°� E U � E `-" UE cm m FE C U E N C cc m .. c'N N.N Eyy l dlpp yy a C y C � J 9 d t0 1 O Q Q O U O_ U O W a O_W TS C D Q N W N =� top c a��m� �� '�� m O m c c o-�y�}} t c�`oa° �v N U N 2` ` y j d C y y E ,, n C m 01 W«5 N ° o m C C O V a NU Em £ mcZ6 gmavm'c� � m00TS � mv27u °� m � a� a0 0>>. o ¢ aim " c E E °ro d L r5 d i �U o 2 c 2 c g_92UUp O 2 = U c m p v_v Q 5 o a E o a a cn a 5 o m?o a, o o m.E c o -m'moo o a� v Vomacn0Q U a`aiU- �Ua�Fac� LLlLco i ac> mm o 0.a E �NM7 NO r N M E 0 O r O N N N N N N O M M M F ,ti e'i v ,n Ua ON N fA WN W NON NNWtei NON W i/1W MWfANW MNN h 'o til��� T N N ol to{� y a M W N a M m N N 7 N m W ON w ���.� �� wiaa4i apaQic�ON .��wa ��rw� E �$ �� o mOi oo 31- . Nm � U,� Ln O N W N LV B O U O C m H H$ 2. a 0 a`o ��N wa O LU wm B c o 0 0 0 o m m U) O M N H �w O �� g P 0 m z a m p e Ul m � c O z 44 C 0 0 0 0 0 0 333Y oo wwN 'o0 Qr m CL d Z E U wr 691 w > NOoo (� w Q ; N o 0 0 0000 000 o0oo 00000 000000000 E2 w U m vain 2 LL d C m d Z E c w OMNI— V m W0 L d p o 0 0 0 0000 coo 0000 00000 000000000 0 * d a 0000 000 000o 00000 00000o000 CO �o�LN cr uj taws R o 0 0 000c, 0 0 o 0000 0 0 0 o o 0 0 0 o o 0 o 0 0 J m C O O1 aW � m a o 0 0 0000 000 0000 00000 0o0000001* C1 N W O C 0 0 0 0000 000 0000 00000 00000000 0 Q V N a OQ' m w y 0 o 0 c E E `o E O ca n > d E 0 O a m > > c E N a Z cc m a` °o V O O C N V H H pN O 9 C N C @ L Z O W W Cyt N (n O o vs3 �imw Y c �e N m ° °c� .a '!> NQ m m mw m c oc � E °'mac Ko0 v v oaaN c c_ E $' m cn mi J a m v m m w� aaE� mm cv W`000 meF� �m F- c cQQacn�aii $ itt E Z'a E W €a-S o-� o o o v O ._ y Ovvo7 m'Scxmp�' m- 0 0U a agar- NuU a.LU W HGF C t5 o ° v 0 c] r N Cl V 7 N co V r O So 0 o m 0rrr 0aomcom 0 rnrnrnmmrnrn o F m r ao of U a