HomeMy WebLinkAboutContract 54939 CITY OF FORT WORTH, TEXAS CSC No.54939
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Brown & Gay Engineers, Inc., authorized to do business in
Texas, ("ENGINEER"), for a PROJECT generally described as: Extension of Sanitary
Sewer Main Extension on Misty's Run from Keller Hicks Road to Old Denton Road Project.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $99,880.00 as set
forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
City of Fort Worth,Texas OFFICIAL RECORD
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FT. WORTH, TX
(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 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 ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license, and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
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
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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 characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
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
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indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this 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.
(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 materially 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.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
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
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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.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a 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.
Engineer acknowledges the MBE and SBE goals established for this
contract 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 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
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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 additional insured with all rights
of defense 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 primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically 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
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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.
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 workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — 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.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
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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 attach the required insurance
documentation hereto 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, 200
Texas, 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.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the 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 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
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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.
The doctrine of respondent superior shall not apply.
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
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changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
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.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's 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
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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.
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.
F. 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 for 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
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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.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance 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.
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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 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
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(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,
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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.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. 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,
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Texas.
I. 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.
J. 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 considered. ENGINEER 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.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the
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Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing
this contract, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the
contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. 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. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 17
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Brown & Gay Engineers, Inc.
Baru;~,8cu- A&67
Dana Burghdoff( v30,2 09
Dana Burghdoff Carl Krogness, P.E.
Assistant City Manager Vice President
Date: Nov 30,2020 Date: l 2 y jr-.o Zd
APPROVAL RECOMMENDED:
chrisfiopher ffidrder
Chis Hai-der, P. E., Director
Water Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
n, -
Breda Oropeza, E.I.T. l
Project Manager
APPROVED�AS TO FORM AND LEGALITY
�/ 1
By: DB[ack(Nov30,202009:31CST) a�bFORT�t
Doug Black A.. o.S o
Senior Assistant City Attorney d~s o=d
Pvo g d
O�Q* *�
ATTEST; a° ° p
da�4 nEXAsop
2
r Ronald P.Gonzales(Nov 30,202011• s-r) M&C No.: 20-0856 (FUNDING)
Mary J. Kayser
City Secretary M&C Date: November 17, 2020
City of fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Dale:11.17.17
Page 17 of 17
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT
DESIGN SERVICES FOR
MISTY'S RUN SANITARY SEWER
CITY PROJECT NO.:103M
ATTACHMENT A
DESIGN SERVICES FOR
EXTENSION OF SANITARY SEWER ALONG MISTYS RUN FROM KELLER HICK
RD TO OLD DENTON RD
CITY PROJECT NO.: 103030
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.
Scope:
2,786 linear feet of proposed 8-inch Sanitary Sewer main extension along Mistys
Run from Keller Hicks Road to Old Denton Road to serve residents with a mill and
overlay asphalt road. Design services for the additional sewer line include:
• Design of approximately 2,786 linear feet of 8-inch sewer main extension.
• Service laterals will terminate at ROW line — resident will be responsible for
City Application / Impact Fees, employing a licensed private plumber to install
yard piping, connections, and abandonment of septic.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2.
Task 3. Preliminary Design (60 Percent)
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. Survey and Subsurface Utility Engineering Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall 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.
1.1. Managing the Team
• Lead, manage and direct design team activities.
City of Fort Worth,Texas
Attachment A
Page 1 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
• 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 review meetings with the CITY at the end of each design phase.
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the Water
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.
• 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
• meeting with city staff
• Develop project schedule and updates at milestone submittals
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The GORGeptual DesigR shall be submitted to CITY per the appFeved ProjeGt SGhedule.
The p irnn e of the rnnsenti gal design is fnr the ENGIAIPER to
* Identify anrt develop alignment
*Qbtain the (TTY's endorsement of this snnnent
City of Fort Worth,Texas
Attachment A
Page 2 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103M
2 1 +A Cn11estOAA
In addition to rda+a obtained from the CITY ENGINEER wi�esearnh ern eyed
rnprevements OR GE)RjURGtieR with aRy ether Planned futwFe 1'111V1 0.-111-RtS that
mrni infli ienne the prnient
7 7 ni-Atenhninal IRVestigatlnns
L.
l=NIn-INll-F-=R ;hall advise the CITY of test hnrinns and ether s -bsurfore
i nvestina+inns that may he needed for the proient Genteohpinal seniines far
pre ieot further ide;nribed in Task 7.0.
z�. The GonGeptual Design PaGkztage shall innlurde the fnlle inn•
• Roll plot of proposed design.
• flaw Imentation of key design rdnnisinns
• Estimates of probable nan;tF 491RI nr)st
DELIVER A R1 PS
Reset
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications 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 and Specifications shall include the
following:
• Cover Sheet
• Index of Drawings, Legend and Abbreviation Sheet
• General Construction Notes Sheet.
• 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 proiect sanitary sewer layout sheets. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
City of Fort Worth,Texas
Attachment A
Page 3 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:10=
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc.,
in the same coordinate system as the Control Points.
• Benchmarks per 1,000 ft of plan/profile sheet—two or more.
• Bearings given on all proposed centerlines, or baselines.
• Plan and profile sheets which show the following: proposed sanitary sewer
plan/profile and recommended pipe size, existing utilities and utility easements,
and all pertinent information needed to construct the project. Legal description
(Lot Nos., Block Nos., and Addition Names) along with property ownership shall
be provided on the plan view.
• The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or(3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de-
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Provide map showing location of new manhole construction at the end of existing
sewer segments, 90 degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the Contractor's responsibility to
coordinate utility location, etc. manhole construction.
3.2. 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, 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 Project website for
City of Fort Worth,Texas
Attachment A
Page 4 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:1ON30
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.
3.3. Traffic Control Plan
• Standard Traffic Control configurations posted as "Typicals" on the CITY's
website. The "typicals" need not be sealed individually, if included in the sealed
contract documents.
• Specifications for Traffic Control Plan requirements for Contractor will be
provided.
ASSUMPTIONS
• 1 meeting with city staff
• Traffic Control "Typicals"will be utilized.
• 2 sets of half size plans will be delivered for the Preliminary Design (60%
design).
• 2 sets of specifications will be delivered for the Preliminary Design (60%
design).
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Project website.
• The CITY's front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Utility Clearance drawings uploaded to website
C. Opinion of probable construction cost
D. Data Base listing names and addresses of residents and businesses affected by
the project.
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:
• For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP) with appropriate regulatory agencies.
City of Fort Worth,Texas
Attachment A
Page 5 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
• Draft Final plans (90%) and specifications shall be submitted to CITY per the approved
Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Construction Documents (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.
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
• Quality Assurance Quality Control (QA/QC).
ASSUMPTIONS
• 2 meetings with city staff
• _2_sets of half size drawings and 2 sets of full size drawings and
2 specifications will be delivered for the 90% Design package.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in City website.
• 2 sets of half size drawings and 2 specifications will be delivered for the
100% Design package.
A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Project website.
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Digital copy of submittal uploaded to website
D. Detailed estimates of probable construction costs 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 City website
for access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
City of Fort Worth,Texas
Attachment A
Page 6 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.;103030
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 City website 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.
website from GIGGUmonfc CGId and from Qenfrnntor'o uploaded Plan Holder
Registrations on website
• 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 website 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 website and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• 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.
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the Water plan set. Each PDF and DWF file shall be
created from the original CAD drawing files and shall contain all associated
sheets of the particular plan set. PDF and DWF files shall conform to naming
conventions as follows:
I. 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_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Final Drawing folder on
project website .
City of Fort Worth,Texas
Attachment A
Page 7 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
I. Sewer file names shall use the X number as for PDF and DWF files, but
shall include the sheet number in the name — "X-12155—SHT01.dwg", "X-
12755—SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, 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 Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• 10 sets of construction documents will be sold to and made available on City
website for plan holders and/or given to plan viewing rooms.
• 7 sets of full size and 7 sets of half size drawings plans and
14 specifications (conformed, if applicable)will be delivered to the CITY.
• PDF, DWF and DWG files will be uploaded to project website.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
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.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
City of Fort Worth.Texas
Attachment A
Page 8 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
• 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
• The ENGINEER shall prepare Record Drawings from information provided by
the CITY depicting any changes made to the Final Drawings during construction.
The following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by
others and represent the as constructed conditions to the extent that
documented changes were provided for recording. The ENGINEER
assumes no liability for undocumented changes and certifies only that the
documented changes are accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
keep copies of the information provided by the CITY for their files, but all original
red-lined drawings shall be returned to the CITY with the mylars.
6.3 Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version
6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1)
DWF file for the Sewer plan set. Each PDF and DWF file shall contain all associated
sheets of the particular plan set. PDF and DWF files shall conform to naming
conventions as follows:
I. Water and Sewer file name example — "X-35667_rec36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_rec"
designating the file is of a record drawing plan set, "36" shall be the total
number of sheets in this file.
City of Fort Worth,Texas
Attachment A
Page 9 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
Example: X-12755_rec18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawings folder
to project website.
ASSUMPTIONS
• 3 RFI's are assumed.
• 1_ Change Orders are assumed
• 5 Periodic Site Visits are assumed.
• 5 Shop Drawings with up to 2 requiring re-submittals are assumed.
• Digital copy of full size (22"x34")
DELIVERABLES
A P iblin meetiRg exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Final Punch List items
E. Record Drawings
TASK 7. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
7.1. 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) 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;
City of Fort Worth,Texas
Attachment A
Page 10 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:1OW30
(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.l.'s, Manholes, Valves, etc., in the same
coordinate system, as the Control
• No less than two horizontal bench marks, per line or location.
• Bearings given on all proposed centerlines, or baselines.
• Provide ownership research and obtain copies of deeds, subdivision plants and
right-of-way maps as required to develop the existing property/right-of-way
lines. Prepare Permit-to-Survey Letters and obtain permission from the
owner of each affected property to perform survey. If property owners fail to
approve within three weeks from receipt of permission letter, CITY will be
given a list of those property owners to pursue other avenues of obtaining
access.
• Stake twelve (12) bore holes for the geotechnical engineer and vertically
and horizontally locate the bore holes no more than two (2) weeks after
drilling is completed.
• Locate all existing trees along the proposed pipeline alignment. The
survey would include locating all trees within the project limits,
obtaining accurate diameter sizes and common species.
7.2. Subsurface Utility Engineering
Provide specific contact information for each utility expected to be crossed or
affected by the project and;
Provide Subsurface Utility Engineering (SUE) to Quality Level C as described below
for the length of the full length of the pipeline alignment. The SUE shall be
performed in accordance with Cl/ASCE 38-02.
Quality Level D (QL"D")
• 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.
City of Fort Worth,Texas
Attachment A
Page 11 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:1OM
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
Quality Level C (QL "C") (includes tasks as described for Quality Level D)
• Includes tasks as described for Quality Level D.
• Identify from survey visible above-ground features of subsurface utilities such as
valves, hydrants, meters, manhole covers and others.
Quality Level B (QL "B")
Quality Level B, also known as designating, provides the horizontal position of
subsurface utilities within approximately one foot.
• Obtain two-dimensional (x,y) information through the application and
interpretation of non-destructive surface geophysical methods.
In addition to the Level C and B, provide Subsurface Utility Engineering (SUE)to Quality
Level A as described below for up to 20 locations.
Quality Level A (QL "A")
Quality Level A, also known as locating, provides precise horizontal and vertical
positioning of utilities within approximately 0.05 feet.
• Obtain three-dimensional (x,y,z) utility information utilizing non-destructive
vacuum excavation equipment to expose utilities at critical points which are then
tied down by surveying.
7.3. Gentenhninal IFIyestlgatlen0
,
related engineering analysis and renommeRdatinns far detemnining coil
itinps4eiill he mnrlo. I-R addition t6 the Aheve-�Rvestig'atiensi, beYvr'n gs and
appFopFiate field and IaberateFy aRalysis will be made at Feasenable intervals
for preparing bids and a Trennh Safety Plan
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 sheets
D. Gen+eoh Peport
City of Fort Worth,Texas
Attachment A
Page 12 of 13
ATTACHMENT A
DESIGN SERVICES FOR
MISTY'S RUN SANITARTY SEWER
CITY PROJECT NO.:103030
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:
• Negotiation of easements or property acquisition including temporary right-of-
entries.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and
re-bidding of the contract for construction.
• Construction management and inspection services
• Design phase public meetings
• 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 related to submitting for permits (ie.TxDOT, railroad, etc...)
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right-of-entries.
• 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
Page 13 of 13
ATTACHMENT B
COMPENSATION
Design Services for
Sanitary Sewer Extension to Serve Mistys Run
City Project No. 103030
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $99,880.00 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.
II. 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
Water 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 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount I %
Prime Consultant
BGE, Inc. Engineering 99,880.00 96%
Proposed MBE/SBE Sub-Consultants
Lina T. Ramey & Subsurface Utility Engineering $4,000 4%
Associates, Inc. Support
Non-MBE/SBE Consultants
TOTAL $0 0%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
City Project Number: 103030 $99,880.00 $4,000 4%
City MBE/SBE Goal = 4% Consultant Committed Goal = 4%
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
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:8.09.2012
Page 3 of 3
B-3
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Attachement"B-3"
Conceptual OPCC
City of Fort Worth
Mistys Run
14-Feb-20
PAY ITEM DESCRIPTION QUANTITY UNIT TOTAL
BID ITEM NO. UNIT PRICE
UNIT 1 General Conditions
1 0170.0100 Mobilization 1 LS $25.00 $25.00
2 0241.1506 2"Surface Milling 7722 SY $4.00 $30,888.89
5 3125.0101 SWPPP>1 Acre 1 LS $2,500.00 $2,500.00
3 3471.0001 Traffic Control 6 MO $1,000.00 $6,000.00
4 3471.0002 Portable Message Sign 24 WK $400.00 $9,600.00
Subtotal General Conditions $49,013.89
UNIT2 Wastewater Improvements
6 3201.0111 4'Wide Asphalt Pvmt Repair,Residential 2780 LF $25.00 $69,500.00
7 3201.0150 Asphalt Pvmt Repair,Sewer Service 480 LF $20.00 $9,600.00
8 3331.4115 8"Sewer Pipe 2780 LF $70.00 $194,600.00
9 3331.4116 8"Sewer Pipe,CSS Backfill 2780 LF $130.00 $361,400.00
10 3339.1001 4'Manhole 8 EA $5,500.00 $44,000.00
11 3339.1003 4'Extra Depth Manhole 24 VF $350,00 $8,400.00
12 3301.0101 Manhole Vacuum Testing 8 EA $150.00 $1,200.00
13 3331.3101 4"Wastewater Service 32 EA $600.00 $19,200.00
3331.3102 4"2-Way Cleanout 32 EA $600.00 $19,200.00
14 Connect 8"WW to Ex.WW 2 EA $1,500.00 $3,000.00
15 3305.0109 Trench Safety 2780 LF $3.00 $8,340.00
16 3301.0002 Post-CCTV Inspection 2780 LF $2.00 $5,560.00
Subtotal Wastewater Im rovements $744,000.00
Project Subtotal $793,013.89
30% Contingency $237,904.17
Total $1,030,918.06
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
EXTENSION OF SANITARY SEWER ALONG MISTYS RUN FROM KELLER HICK RD TO OLD
DENTON RD.
City Project No. 2082
No changes to the Standard Agreement
City of Fort Worth,Texas
Attachment C
PMO Official Release Date:5.19.2010
Page 1 of 1
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FORTWORTH
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SL 2020
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/17/20 M&C FILE NUMBER: M&C 20-0856
LOG NAME: 60SSEMISTYSRUNBGEFUNDING
SUBJECT
(CD 7)Adopt Appropriation Ordinance in the Water and Sewer Capital Projects Fund in the Amount of$148,080.00 for Design, Project
Management and Material Testing for Sanitary Sewer Main Extension on Misty's Run from Keller Hicks Road to Old Denton Road
RECOMMENDATION:
It is recommended that the City Council adopt the attached appropriation ordinance increasing the receipts and appropriations in the Water and
Sewer Capital Projects Fund in the amount of$148,080.00 transferred from available funds within the Water and Sewer Fund,for the purpose of
funding Sanitary Sewer Main Extension on Misty's Run from Keller Hicks Road to Old Denton Road(City Project No. 103030).
DISCUSSION:
This Mayor and Council Communication (M&C) provides funding for design, project management, utility coordination, and material testing for
Sanitary Sewer Extension on Misty's Run from Keller Hicks Road to Old Denton Road. Available funding in the amount of$99,880.00 will be used
for an engineering agreement with BGE, Inc.to prepare plans and specifications for the project.
In addition to the agreement amount,$48,200.00 is required for project management, utility coordination, and material testing.This project will
have no impact on the Water Department's operating budget.
Funding for the design Sanitary Sewer Improvements on Misty's Run are as depicted below:
Fund Existing Additional j Project
Appropriations Appropriations( Total*
Water& Sewer Capital $0.00� $148,080.00I$148,080.00
Projects Fund 56002
Project Total _ $0.0011 $148,080.00$ 448,080.00
*Numbers rounded for presentation purposes.
This project is located in COUNCIL DISTRICT 7.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the current operating budget of the Water&Sewer Fund,and that upon
approval of the above recommendation and adoption of the attached appropriation ordinance,funds will be available in the current capital budget,
as appropriated, in the W&S Capital Projects Fund for the SS Extension on Misty's Run project. Prior to any expenditure being incurred,the Water
Department has the responsibility to validate the availability of funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Brenda Oropeza 8271
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File #: M&C 20-0856 Version: 1 Name:
Type: Award of Contract Consent Status: Passed
File created: 11/12/2020 In control: CITY COUNCIL
On agenda: 11/17/2020 Final action: 11/17/2020
(CD 7) Adopt Appropriation Ordinance in the Water and Sewer Capital Projects
Title: Fund in the Amount of$148,080.00 for Design, Project Management and Material
Testing for Sanitary Sewer Main Extension on Misty's Run from Keller Hicks Road to
Old Denton Road
Attachments: 1. M&C 20-0856, 2. 60SSEMISTYSRUNBGEFUNDING Map.pdf, 3.
60SSEMISTYSRUNBGEFUNDING 56002 AO21.pdf
History(1) Text
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11/17/2020 1 CITY COUNCIL Approved Action details Meeting details Not available