HomeMy WebLinkAboutContract 42236CITY OF FORT WORTH, TEXAS,
tONTRACT NO,
OITYSECRETARY/
STANDARD AGREEMENT ENT FOR ENGINEERING LIMED DESIGN SNRVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and DeOtte, Inc., authorized to do business in Texas, (the "ENGINEER"), for a
PROJFCT generally described as: Lower Como Erosion Control.
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
The I=NGINE
Terms s of Payment
R's compensation is set forth in Attachment B.
Article III
Payments to the ENGINEER will be made as follows:
(1)
Invoice and Payment
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.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3)
Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The 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 in
good faith within 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 1 of 14
09-08-1 1 A09:37 OUT
OFFICIAL irtietUiKD
CITY SECRETARY
FT. WORTH, TX
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations 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
representative under this Agreement providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The standard of care applicable to the ENGINEER'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 time
such services are performed.
C. 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 the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual charactenstics 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
City of Fort Worth, Texas
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original 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 Engineer'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 coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. 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 requiring 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.
(3)
When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
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(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
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may matenally affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations 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 examination 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 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 is incorporated into the
record drawings.
Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the M/WBE
goal established for this contract and its accepted wntten commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
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misrepresentation) and/or the commission of fraud by the Engineer 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.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment 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 conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final 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 normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended
audits.
(3)
ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella if any This
insurance shall apply as pnmary insurance with respect to any other
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insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
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
liability or commercial umbrella liability insurance maintained 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 auto', 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 hired or non -owned is acceptable.
i 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 liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary 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 injury by
disease, with $500,000.00 policy limit.
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 workers compensation and
employer's 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 minimum of $1,000,000.00 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 period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
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PMO Official Release Date: 7.22.2011
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered 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 term 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.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) 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 A:V 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.
9.
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 CITY
in 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 CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
j. 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
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state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -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 after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of 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 certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform 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 interest 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 assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
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 design changes are required due to the
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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 amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in 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. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
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 ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITYs facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, 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 required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches drawings
specifications proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, 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.
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
Page 9 of 14
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 construction contractors.
Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY'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 Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV 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 Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives 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 entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth, Texas
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PMO Official Release Date: 7.22.2011
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(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
CITY's 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 undertaken 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.
K. 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.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date: 7.22,2011
Page 11 of 14
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration 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 CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER s performance of its
obligations hereunder.
D Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of 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 termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product
b.) Out-of-pocket expenses for purchasing electronic 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.
City of Fort Worth, Texas
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PMO Official Release Date: 7,22,2011
Page 12 of 14
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend 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 ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G 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,
strict 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, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of 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.
J. 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 provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained 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 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
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PMO Official Release Date: 7.22.2011
Page13of14
considered. ENGINLER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
rticle VII
Ailchnfients, Schedules, and Signatures
This AGRFFMF NT, including its attachments and schedules, constitutes the entire
AGRLEMENT, supersedes all prior 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 e Scope of Services
Attachment B m Compensation
Attachment C e Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E m Location Map
Executed and effective this the day of
Al TEST:
Marty Hendri
City Secretary
APPROVEDrAS TO
B
2011.
„t,,`°.\-\• . _`tlCITY OF FORT WORTH
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Douglas W. Black
Assistant City Attorney
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City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 7.22.2011
Page 14 of 14
Fernando Costa
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'APPROVAL RECOMMENDED
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By:
Assistant City Manager
Doug
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Wiersig, Ph.D., P.E.
or, T&PW Departem = n
DeOtte, Inc.
`Rich W. DeOtte
President
OFFICIAL RECURD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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. Under this scope, ' ENGINEER"
is expanded to include any sub -consultant, including surveyor, employed or contracted by
the ENGINEER
OBJECTIVE
Study and Design of Erosion Control Improvements to Lower Como Creek from Collett Park
upstream to Bonnell Avenue. The work includes surveying, engineering planning and
design, geotechnical study, limited environmental services, and floodplain study and FEMA
map changes.
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
Task 8.
Task 9.
WORK TO BE PERFORMED
Design Management
Conceptual Design
Preliminary Design
Final Design
Bid Phase Services
Construction Phase Services
ROW/Easement Services
Survey Services
Permitting
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources ENGINEER will manage change,
communicate effectively coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
Managing the Team
• Lead, manage and 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 pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
• Conduct and document monthly project update meetings or reports with CITY Project
Manager.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 1 of 18
•
• Conduct review meetings with the CITY at the end of each design phase.
• Conduct and document biweekly design team meetings.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs ENGINEER shall work with regulatory
authorities to obtain approval of the designs and make changes necessary to meet
their requirements, as part of the design scope. Interaction is expected to be required
with FEMA to change the flood insurance rate map for the area and scope is included
for this in this contract Coordination is anticipated for this project with the US Army
Corps of Engineers (USACOE) and a Section 404 permit is expected to be required.
This scope will include coordination with the USACOE and planning for the impact
and mitigation A City floodplain development permit and tree removal permit will be
required as well.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• [INSERT ASSUMPTIONS ASSOCIATED WITH THE TASK ACTIVITIES AND
DELIVERABLES HERE (e g. number/frequency of meetings, average number
and level of attendees at meetings, sheet counts for various plans, etc.)]
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 2 of 18
F. Monthly MIWBE Report Form and Final Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows. [The
following are examples of activities that the ENGINEER may revise or expand upon]
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, agencies (such as
TxDOT and railroads), CITY Master Plans, CITY drainage complaint files,
existing applicable drainage studies, FEMA floodplain and floodway maps,
existing models of project area (if any) and property ownership as available from
the Tax Assessor s office.
• The following is applicable at all locations that require water service line
replacement: The ENGINEER shall visit the project site and.obtain the meter
numbers and sizes on all existing meters to be replaced on the project and shall
identify existing sample stations and fire line locations.
2.2. Drainage Computations
• ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1" = 200'
scale from available 2-foot contour data with the countours labeled. Data source
and year will be provided by the CITY A HEC-RAS model will be prepared for
use in floodplain alterations once improvements are completed. The City
currently has work underway to revise the existing conditions floodplain as
defined by FEMA and will provide current models on an on -going basis as this
work progresses. DeOtte, Inc. will utilize these models as a basis for updating
the floodplain once proposed improvements are established.
2.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level D, as described below.
The SUE shall be performed in accordance with Cl/ASCE 38-02. Since the project is in
a creek where existing underground utilities are limited. Level D is believed sufficient for
this project.
Quality Level D
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 3 of 18
•
•
•
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.
Collect applicable records (e.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.
Review records for. evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
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); end points of any utility data; line status (e.g., active abandoned,
o ut of service); line size and condition; number of jointly buried cables; and
e ncasement.
Quality Level C (includes tasks as described for Quality Level D)
•
•
•
e
•
•
•
•
•
•
Identify surface features, from project topographic data and from field
o bservations, that are surface appurtenances of subsurface utilities.
Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks.
Survey surface features of subsurface utility facilities or systems.
The survey shall also include On 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
Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
Recommend follow-up investigations (e.g , additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets
Level B (includes tasks as described for Quality Level C)
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 Tines.
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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 4of18
• 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.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
2.4. The Conceptual Design Package shall include the following:
•
Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format. In lieu of the tabular format the drainage calculations
will be issued consistent with methodology for creek studies and calculations.
• SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, , streets, street right-of-way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of water, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02.
• 5 copies of the conceptual design package will be delivered. Drawings will
be half size (11" x 17").
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 5 of 18
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• 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 shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i e 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).
• Overall project easement layout sheet(s).
• SUE plan drawings.
•
Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable) sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
3.2. Geotechnical Investigation/Pavement Design
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 6 of 18
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identifying existing groundwater elevation at each boring.
3.3 Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY s comments from the field visit and submit this information to the CITY in
writing.
3.4 Public Meeting
• After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.5 Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Buzzsaw for
forwarding to all utility companies which have facilities within the limits of the
project The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.7 Traffic Control Plan
Develop a traffic control plan utilizing standard traffic reroute configurations
posted as ' Typicals' on the CITY's Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
•
City of Fort Worth, Texas
Attachment A
PMO Release Date 08/27/2010
Page 7 of 18
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• 2 borings at an average bore depth of 30 feet each will be provided at
the top of the creek bank and 2 borings at an average bore depth of 15
feet each will be provided along the creek bottom.
• Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an
additional 1 project specific traffic control sheets will be developed.
• 2 copies of the geotechnical report will be delivered to the CITY.
• 16 full size _concept plans will be delivered for Utility Clearance.
• 5 full size _preliminary plans will be delivered for Constructability
Review.
• 5 half size _preliminary drawings will be delivered for Preliminary
Design.
DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
• One Public Meeting Exhibit will be prepared to a maximum of two sheets
mounted on foam core board
•
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E Estimates of probable construction cost
F. Public Meeting exhibits
G. Traffic Control Plans
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 8 of 18
•
• Final draft construction plans and specifications shall be submitted to CITY per the
approved Project Schedule.
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule Each plan
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual March 2006.
• 5 half size construction drawings and 2 full size
_construction_ drawings and 2 specifications will be delivered for the 90%
design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 20 full size _final construction
be delivered for the 100% design.
A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
drawings and _20_ specifications will
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format
E Original cover mylar for the signatures of authorized CITY officials.
TASK 5 BID PHASE SERVICES
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw
for access to potential bidders.
• Contract documents shall be uploaded in a .xls file.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 9 of 18
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set The .dwf will consist of
individual files one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders
list on Buzzsaw from documents sold and from Contractor's uploaded Plan
Holder Registrations in Buzzsaw.
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information The
procedures shall include a log of all significant bidders questions and
requests and the response thereto The log shall be housed and maintained
in the project's Buzzsaw folder titled Request for Information. The
ENGINEER will provide technical interpretation of the contract bid documents
and will prepare proposed responses to all bidders questions and requests, in
the form of addenda. The ENGINEER shall upload all approved addenda
onto Buzzsaw and mail addenda to all plan holders.
• Attend the pre -bid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of
prospective contractors, subcontractors and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the
CITY in evaluating bids, and recommend award of the contract. A copy of the
Bid Tabulation is to be uploaded into the project's Bid Responses folder on
Buzzsaw.
• Assist the CITY with assembling and awarding contracts for construction,
materials, equipment, and services.
• Incorporate all addenda into the contract documents and issue conformed
sets
5.2 Mylar Drawings
• The ENGINEER shall submit a set of sealed conformed mylar drawings for
record storage
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 10 of 18
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file
for the Water plan set. Each PDF and DWF file shall contain all associated
sheets of the particular plan set. Singular PDF and DWF files for each sheet
of a plan set will not be accepted. PDF and DWF files shall conform to
naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org' designating the file is
of an original plan set, ` 47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — `X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number
of sheets in this file.
Example: X-12755_orgl8.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and toobtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• 8 sets of conformed plans and specifications will be delivered to the CITY
and made available on Buzzsaw. The construction plans shall consist of
8 full size _construction drawings_ and 8 half size
construction drawings.
• PDF and DWF files will be uploaded to Buzzsaw.
• 1 copy conformed full size (22" x 34") mylar plans will be delivered to the CITY.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 11 of 18
The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals in Buzzsaw.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
•
D. Conformed construction documents
E Conformed mylar plans
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
•
•
The ENGINEER shall prepare record drawings from information submitted by the
inspector and/or Contractor. The drawings shall be submitted as full size (22" x
34') mylar drawings.
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and
one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the
Water plan set Each PDF and DWF file shall contain all associated sheets of the
particular plan set. Singular PDF and DWF files for each sheet of a plan set
will not be accepted. PDF and DWF files shall conform to naming conventions
as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org' designating the file is
of an original plan set, ` 47" shall be the total number of sheets in this file.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 12 of 18
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36' shall be the total number
of sheets in this file.
Example: X-12755_orgl8.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392 8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E Final Punch List items
F. Record Drawings
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below, per scoping direction and guidance from the CITY's Project Manager
7.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way and easement needs for
construction of the project. Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY.
7.2 Right-of-Way/Easement Preparation and Submittal.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 13 of 18
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
7.3 Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary
Right of Entries from landowners. It is assumed that letters will only be required
for land owners adjacent to temporary construction easements or who are
directly affected by the project and no easement is required to enter their
property.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
• Right -of -Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on -ground property information (Le. iron
rods, fences, stakes etc.) It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD right-of-way takings, easement vacations and abandonments, right-of-way
vacations and street closures.
DELIVERABLES
A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms
B. Temporary Right of Entry Letters
TASK 8. SURVEY.
ENGINEER will provide survey support as follows.
8.1 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, utilities as required by the SUE, 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:
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 14 of 18
alilm
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).
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for field survey, the ENGINEER shall prepare, mail and
obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3. Construction Survey
• Be available to the CITY on matters concerning the layout of the project during its
construction
• ENGINEER will set control points (i.e. tie survey to permanent monument such
as TPW monuments and/or property corners, one location each at beginning and
e nd of project) for the project, these points must be indivisible. Streets over 500 ft
o r streets on curves may require a greater density of control points to maintain
intervisibility between each point ENGINEER shall establish a minimum of two
bench marks per plan sheet. (bench marks shall be located adjacent to project)
TASK 9. PERMITTING
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
9.1. Storm Water Pollution Prevention Plan
• For projects that disturb an area greater than one (1) acre, ENGINEER will
prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the
Project for use by the Contractor during construction ENGINEER will prepare
drawings and details for proposed SWPPP improvement that the Contractor must
use during construction. Contractor will be responsible for filing the SWPPP with
appropriate regulatory agencies.
9.2. Environmental Services A USACOE 404 permit is anticipated for this project.
Generally, due to the construction schedule, the following phases of work are
expected as separate tasks related to this permit The project area is described as
about 1,800 feet of Lower Como Creek Roughly from Bonnell south to Collett Park.
1. The jurisdictional area will be marked with pin flags along the creek to
determine the extents of jurisdiction. These will be placed prior to field
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 15 of 18
survey but will be coordinated to minimize loss due to natural or
manmade causes.
2. Provide a delineation report the will provide findings, conclusions and
recommendations.
3. Following the delineation, as part of the conceptual design, provide
environmental consultation to identify impacts and permitting issues of
proposed solutions.
4. At this point, if mitigation will be required, an amendment will be provided
to develop plans and specifications for a mitigation site. Alternatively, the
City may provide off -site mitigation if allowed by the USACOE or
purchase of banked mitigation through an approved wetlands bank.
404 Permitting to occur approximately 18 months before anticipated construction.
5. Provide a general review to confirm no historical or archaeological impact.
Also, provide a general review of the project area for rare and
endangered species. These are not detailed reviews and are expected to
suffice in this case Should a detailed study be required, an amendment
to the contract will be negotiated
6. Prepare and submit an alternatives analysis for review by the USACOE
7. Prepare and submit a mitigation proposal to obtain a 404 permit from the
USACOE
8. Provide a 5-year maintenance plan for proposed mitigation.
9. These efforts will include the following as appropriate.
a. Negotiating and coordinating to obtain approval of the agency
issuing the agreement and/or permits
b. Completing all forms/applications necessary
c. Submitting forms/applications for CITY review
d. Submitting revised forms for agency review
e. Responding to agency comments and requests
9.3. Floodplain Services (Modeling, CLOMR/LOMR)
1. Model improvements endeavoring to eliminate adverse impacts and
attempting to achieve no vertical rise.
2. Prepare and submit Conditional Letter of Map Revision (CLOMR)
forms for city review and submission to FEMA for the proposed
improvements.
3. Following Construction, prepare and submit LOMR forms and
documentation for submission to FEMA to obtain a LOMR for
constructed improvements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 16 of 18
4. Negotiating and coordinating to obtain approval of the agency issuing
the agreement and/or permits
5. Completing all forms/applications necessary
6. Submitting forms/applications for CITY review
7. Submitting revised forms for agency review
8. Responding to agency comments and requests
9.4. NOT USED
9,5. NOT USED
9.7. NOT USED
9.8. Floodplain Development Permit
1. Negotiating and coordinating to obtain approval of the agency issuing
the agreement and/or permits
2. Completing all forms/applications necessary
3. Submitting forms/applications for CITY review
4. Submitting revised forms for agency review
5. Responding to agency comments and requests
9.9. Park Conversion
1. Prepare exhibit and legal description for the property. Since the park
property is platted in several lots in a very old subdivision in this area,
we have contacted the Parks Department to confirm that the
conversion documentation and legal description can be of one
description.
2. Completing all forms/applications necessary
3. Submitting forms/applications for CITY review
4. Submitting revised forms for agency review
5. Responding to agency comments and requests
9.10. Compliance with City Tree Ordinance (Urban Forestry Plan/Permit)
1. Pursuant to 3.B 9, "Public projects that will physically change the
surface or will include removal of trees six (6) inches or greater" must
comply with the Urban Forestry ordinance requirements of the City of
Fort Worth.
2. Identify and locate trees that may be removed as part of construction.
3. Prepare documentation regarding tree canopy requirements and
impacts including an Urban Forestry Plan (Part One and Party Two if
needed).
4. Completing all forms/applications necessary
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 17 of 18
5. Submitting forms/applications for CITY review
6. Submitting revised forms for agency review
7. Responding to agency comments and requests
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scone 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:
•
•
•
•
.
•
•
Negotiation of easements or property acquisition.
S ervices related to development of the CITY's project financing and/or budget.
S ervices related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
Construction management and inspection services
S erformance of materials testing or specialty testing services.
S ervices necessary due to the default of the Contractor.
S ervices related to damages caused by fire, flood earthquake or other acts of
God.
S ervices related to warranty claims, enforcement and inspection after final
completion.
S ervices 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: 08/27/2010
Page 18 of 18
ATTACHMENT B
COMPENSATION
Design Services for
Lower Como Erosion Con rot
City Project No. 01605
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $424,713 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
11. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
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: 5.19.2010
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
P rime Consultant
DeOtte, Inc.
P rimary Responsibility Fee Amount
P roject Management,
Engineering, Expenses
P roposed M/WBE Sub -Consultants
Gorrondona &
Associates, Inc.
Gorrondona &
Associates, Inc.
Non-M/WBE Consultants
Project Number & Name
$360,993 85.0
S urvey, Sue, Easement Docs. $56,350 13.3
Geotechnical Engineering $7,370 1.7
TOTAL $424.713 100%
Total Fee I M/WBE Fee 1 M/WBE %
$424,713 I $63,720 ( 15.0%
City M/WBE Goal = 15% Consultant Committed Goal = 15.0 %
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
B-2
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 work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5,19,2010
Page 3 of 3
Professional Services Payment Request
Project: 'Lower Como Creek Erosion
City Project #: 101605
City Sec Number:
Purchase Order:
Company Name:IDeotte, Inc.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Sheet
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
(Clayton Redinger, PE
Project Manager: (Ryan Hague, PE
Consultant Instructions:
Summary
Fill In green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice Is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email: 1clavtonredinaer(ndeotte.com
Office Addressl2553 E Loop 820 N, FortWorth, TX 76118
Telephone: 1817-589-0000
Fax: 1817-590-8600
FAC and Work Type Description
Survey/Design/Permitting
Totals This Payment Request
Agreement Amendment
Amount Amount
S424, 713.00
Agreement
Amount to
Date
$424, 713.00
S424, 713.00 3424, 713.00
Overall Percentage Complete:
Completed Percent
Amount Completed
LOCK
UNLOCK
($) Invoiced Current
Previously Invoice
Remaining
Balance
6424,713.00
3424, 713.00
Professional Services Payment Request
Project:
City Project #: 01605
Work Type Desc: Survey/Design/Permitting
F/A/C:
City Sec Number:
Purchase Order:
Company Name:
DeOtte, Inc.
Consultant's PM: Clayton Redinger, PE
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Pay Items
30 - Design
Description
Totals This Unit:
Lower Como Creek Erosion
Project Manager: Ryan Hague, PE
Consultant Instructions:
Fill in green cells Including Percent Complete and Invoiced Previously Quanities
When your Invoice Is complete, save and close, start Buzzsaw and Add your Invoice to the
Consultant folder within Project's folder.
email: claytonredinger@deotte.com
Office Address 2553 E Loop 820 N, Fort Worth, TX 76118
Telephone: 817-589-0000
Fax: 817-590-8600
Agreement
Agreement Amendment Amendment Amount to
Amount Number Amount Date
$424,713.00 $424,713.00
$424,713.00
5424,713.00
Overall Percentage Complete:
Completed
Amount
Percent ($) Invoiced
Completed Previously
Current
Invoice
Remaining
Balance
$424,713.00
S424, 713.00
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Lower Como Erosion Control
City Project No. 01605
There are no changes to the Standard Agreement in this contract.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
DESIGN SERVICES FOR
LOWER ('O\IO EROSION CONTROL
CITY PROJECT NO.: 01605
ATTACHMENT "D"
SCHEDULE
Scope for Engineering Design Related Services for
Ridglea Country Club Road Water Improvements
Schedule
Final plans and Contract Document for bid advertisement shall be submitted within 515 calendar days
after the "Notice to Proceed" letter is issued.
Conceptual Engineering Plans with Review 85 calendar days
Preliminary Engineering Plans and Contract Documents with Review 60 calendar days
Permitting (Corps/FEMA/ Environmental/Parks Conversion etc...) Approval 330 calendar days
Final Engineering Plans and Contract Documents with Review 20 calendar days
Final Plans and Contract Documents for Bid Advertisement 20 calendar days
ATTACHMENT "D" TO STANDARD AGREEMENT FOR ENGINEERING RELATED SERVICES
PAGE 1 OF 1
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City of Fort Worth, Texas
ayor an• ouncil .•ommunication
COUNCIL ACTION: Approved on 8/23/2011
MIME
DATE: Tuesday, August 23, 2011 REFERENCE NO.: **C-25111
LOG NAME: 20DESIGN LOWER COMO EROSION CONTROL
SUBJECT:
Authorize Execution of an Engineering Agreement in the Amount of $424,713.00 with DeOtte, Inc., for the
Design of Lower Como Erosion Control Improvements (COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement with DeOtte,
Inc., in the amount of $424,713.00 for the design of Lower Como Erosion Control Improvements.
DISCUSSION:
The Engineering Services Agreement recommended by this M&C will provide for a drainage study of the
Lower Como Creek area south of Lake Como and design services for any identified drainage improvements.
The area is experiencing extensive erosion and residents are losing significant portions of their property to
the creek.
DeOtte, Inc., was selected to provide the study and design services which will include the following: gabion
mattress study and design and all associated permitting and preparation of engineering plans and contract
documents for the bidding and construction of the recommended improvements DeOtte Inc., will coordinate
with the Federal Emergency Management Agency for Conditional Letter of Map Revision and Letter of Map
Revision as required. Also, United States Army Corps of Engineers 404 permitting, Texas Pollutant
Discharge Elimination System, City of Fort Worth Parks Conversion and City of Fort Worth Forestry permits
may be required.
DeOtte Inc , proposes to perform the above services for a lump sum fee of $424,713.00. City staff considers
the fee to be fair and reasonable for the scope of services proposed.
DeOtte, Inc , is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE
participation. The City s goal on the project is 15 percent.
This project is located in COUNCIL DISTRICT 3, Mapsco 75P.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Storm Water Capital Projects Bond 2009 Fund.
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 531200 203280160530 $424.713.00
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Doug Wiersig (7801)
Ryan Hague (8176621201)
1. compliance memo pdf
2. FAR-01605-00001-Design-PM Contract.pdf
3. M AND C 01605.pdf
4. P227 485249.pdf