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HomeMy WebLinkAboutContract 43859 CITY SECRETARY CONTRACT Nos CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the city of Fort Worth, a Texas home-rule municipality (the "CITY"), and Teague Nall and Perkins, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Ray White Gap - Beach Street to Crawford Farms. Article I Scope of Services A. The Scope of Services is set forth in Attachment A and A-1. Article 11 Compensation A. The ENGINEER's compensation shall be $49,000 as set forth in Attachment B. 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. (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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services FrrF1 C OFFICIAL RECORD PMO official Release Date:08/0912012 Page 1 of 16 CITY SECRETARY FTa WORTH,TX (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. fail If the ('.ITY failc fn makA nawmcn+ in f,ill to �AI�'Nr:E� fnr billinryc- ^r-%"+Q�+n._A l...� .. the �.■ . . .r..+r.v av r r rs..arry t.+4.�r r rvr rr. lag mall 1-r./ "1'1%.JII ` I ILJI 11111 IL %7 L.+'VI IL GOLG%A 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 CITYIs 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 i j 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PM❑official Release Date:08/99/2012 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other khan where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that rnii�Iri nfnrt thr tnt i P R n J P(_T rne+ n nr/^r invni+ti )i ThaS�n ( . 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. t. Engineer's Personnei at construction site i 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 C ITY'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 PRC).JFCT, 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (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 the construction con-tractor has used the moneys paid; that title. to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08/09/2012 Page 4 of 16 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 Pxgnt Inrntion, tunes of Nnarini pq rnrnnonAntc nr Pvnr%t mnnnar in Whirh thn F-- r.■6 rr v.■V■11. $ v■ Vr\*+lV% 1 l l►r%l 11 lfll I 1 Y f l�iVl l Ll 1V 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 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 tother 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 civGtNcEzrt reasonable advance notice of intended audits. if (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 SLIch subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08109/2012 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsulta nt 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 conies at the rate. nuhlishp.d in the TQ�cas AHrninictratixpP �'nHe 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. 1 Ile Ul r snail ae inuuaea as an insurea unaer the UUL, 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 6 of 16 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 coverarsP- 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. U. rr c�fessio[idl Liability -�- the ci•iGli�cER snail maintain professionai liability, a claims-made policy, with a minimum of $1,000,000.00 per claim an-a' aggregate. T he 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 delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies snail be endorsed to name the Ci T Y 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date-08/09/2012 Page 7 of 16 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 rPspectivP nennOmPnt nrP�tnr ;b nnmi f'_it of Fnrt IA/nrth _ i y y a 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. 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 !'1 1 T\ uII r. 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 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08/09/2012 Page 8 of 16 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 ---_l __ _ L- l'--- -1 -- 9 1 01 E ■ cod Itract cdf]U pl IUD [U Tlflai payment unaer ine coniraci. ni. %Asbestos or riazardous 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 remed iation 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 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment a 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 ENG1NEEf['s per�ormance of its services. The C�i T Y 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMa Official Release Date:08/09/2012 Page 10 of 16 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 nroiect schedde nrenared in arrnrr1anre with Attar.hmenf n i J I- -B- ..... 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 ENGI N EER'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 ME. regarding the ENGINEER's Personnel at construction Site, and pr oVI iV ns n tractor iw AdemE ificatio of t he C..11 T Y acid thie 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 11 of 16 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 arQ nn third-nnrty benefiriariQc (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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 1. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. T lie Cl T Y will unsure Inat omaers miskiinstaiiavon insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide EivuINEER 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/0912612 Page 12 of 16 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 vie ll inal ulesig ns, arawirigs, speci-rications ana aocuments. �. rorce 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 oT 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 terr-nination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMD official Release Date:08/09/2012 Page 13 of 16 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. Severahility 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 ouseive aria L;umpiy with aii 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. Article uli Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEWEN T, 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 - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08/09/2012 Page 15 of 16 Attachment E - Location Map Executed and effective this the ' -� day of/40)"J� 2012. � y , BY: BY- CITY OF FORT WORTH ENGINEER Teague Nall a Per ns, Inc. Fernando costa ho utledge Assistant City Manager Principal Date: Date-.- APPROVAL RECOMMENDED: By: Li UVL1lg. V V VIG!Z y, P. C. Director, Transportation nd public Works Department APPROVED AS TO FORM AND M&C No.. v LEGALITY d M&C Date: B , Y� 4 Douglas W. Black Assistant city Attorney On Ir k 0000 0 TTY CT• 0��4 a 0 01% 0 004 iA —00 0 0 a J. Kay r X00 4OR '4C7 Y �Dp�o Q �'; City Secreta y City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/0912012 OFFICIAL RECORD Page 16 of 16 CITY SECRETARY FT. WORTH,TX ATTACHMENT "A" Scope for Engineerin-q Desicin Related Services for Street improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE During the design of Ray White Road Improvements, it was determined that the City wanted to change the paving section from HMAC to Concrete, include the design for the adjacent sidewalks on the north and south sides of the road, extend a sanitary sewer main, final plat the new right of way, and publicly bid the project instead of utilizing the ILA with Tarrant County. Plans, previously prepared by the ENGINEER, are to be modified to include the layout, elevations, and associated walls required for the sidewalk improvements and incorporate other objectives listed above. WORK TO BE PERFORMED Task 1. Design Management - (DELETED) Task 2. Conceptual Design - (DELETED) Task 3. Preliminary Design - (DELETED) Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services - (DELETED) Task 9. Permitting Task 10. Plan and Submittal Checklists - (DELETED) TASK 1. DESIGN MANAGEMENT-• (DELETED) TASK 2. CONCEPTUAL DESIGN (30 PERCENT)--- (DELETED) TASK 3. PRELIMINARY DESIGN (60 PERCENT)— (DELETED) TASK: 4. FINAL DESIGN I V PERCENT1►'�ii+lD FIN►"L uoi•�S i�RLiC T i o"r' Do CUB IENTs (100 PERCENT). Upon approval of the contract, ENGINEER will prepare construction plans as follows: • 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. ■ The ENGINEER shall submit a final design estimate of probable construction cost with the '100% design package. This estimate shall use ONLY standard CITY bid items. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 7 4.1. Geotechnical Investigation/Pavement Design ■ 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 identify existing groundwater elevation at each boring. ASSUMPTIONS ■ A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. DELIVERABLES A. 100% construction plans and specifications. B. Detailed estimates of probable construction costs including summaries of bid items anti ni mntifies uSinn the CITY'S Qfnnrinrri hirl itAmc nnri fnrmat C. 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. ■ 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. City of Fort worth,Texas Attachment A PMO Release Date:07.23.201 2 Page 2 of 7 • 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 prebid conference in support of the CITY. • 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 and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS The project will be bid only once and awarded to one contractor. • o sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 sets of construction documents will be printed and made available for purchase by planholders and/or given to plan viewing rooms. • 10 sets of full size plans and specifications (conformed, if applicable) will be delivered to the CITY. • 5 sets of half size plans (conformed, if applicable) will be delivered to the CITY. • PDF and DWF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E. CFW Data Spreadsheet TASK 6. CONSTRUc"riON PHASE SERVICES. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 3 of 7 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 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 chance orders, and make recommendations as to the acceptability of the work. ■ T he ENGINEER shaii 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 the 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 ti�ieans. ■ The following disclaimer shall be included with the Record Drawing stamp; City of Fort worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 7 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. The ENGINEER may keep copies of the information provided by the ui i Y Tor their flies, but ail originai rea-iinea drawings shall be returned to the CITY. ■ 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 Ian set will not be accepted., PDF and DWF files shall conform to naming conventions as follows: 1. 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 11. Water and Sewer file name example — "X-35667—org36,pdf" where "X- 36667" 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 • 3 site visits are assumed, Including final walk through. ■ 4 submittal reviews are assumed. ■ 1 RFI's are assumed. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 7 • 1 Change orders are assumed. 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 land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Research ■ The ENGINEER shall determine easements needs for construction of the project. Required temporary easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Easement Preparation and Submittal. • The ENGINEER shall prepare exhibits to be used to obtain 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. PreliminarylFinal Plat. • The ENGINEER shall prepare the Preliminary/Final Plat for the right-of-way required across the Jerry E. Crawford Tract. ■ Plat approval and execution by the property owner will be obtained by the City. ASSUMPTIONS • Anticipating two Temporary Construction Easements. • 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 (i.e. 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. Easement exhibits and meets and bounds provided on CITY forms. City of Fort Worth,Texas Attachment A PMQ Release Date:07.23.2012 Page 6 of 7 TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES -� (DELETED) TASK 9. PERMITTING. 9.1. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, ENGINEER will nrPnarP the Storm WntPr Pnllt itinn Prr»wAntinn Plan /.CZANPPP1 rani iirrnrl fnr tho I- -F- ....r... + I.v.%,. N. ■ r.rW 0%.r 41 Iw■�1 r 1 I%Av l 1�■11 I 1 1 1 1�%AUI.V4R tyi %1 IVI 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. 9.6. Texas Department of Licensing and Regulation (TDLR) • The opinion of probable construction cost for pedestrian elements is anticipated to be below $50,000. Per Texas Administrative Code 68.102(a) and 08.54, public right-of-way projects with pedestrian elements less than $50,000 are not required to be submitted to TDLR for registration and review. DELIVERABLES A. 3 hard copies of the Storm Water Pollution Prevention Plan (SWPPP). TASK 14. PLAN SUBMITTAL CHECKLISTS — (DELETED) 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. ■ 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 rebidding of the contract for construction. • Construction management and inspection services ■ Performance of materials testing or specialty testing services. ■ Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. ■ Services to si_ipport, prepare, docLiment, bring, defend, or assist in litigation undertaken or defended by the CITY. ■ Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 7 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.:01674 ATTACHMENT A-I Scope for Enqineerinci Desi n Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR RAY WHITE CAP - BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.: 01674 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. WORK TO BE PERFORMED Task 1. Design Management - (DELETED) Task 2. Conceptual Design - (DELETED) Task 3. Preliminary Design - (DELETED) Task-r. FIna; D°s;yI; Task 5. Bid Phase Services Task 6. Construction Phase Remirpc Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services - (DELETED) Task g. Plan Submittal Checklists - (DELETED) TASK 1. DESIGN MANAGEMENT. - (DELETED) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). - (DELETED) TASK 3. PRELIMINARY DESIGN (s0 PERCENT). - (DELETED) TASK 4. FINAL DESIGN (9D PERCENT)AND FINAL CONSTRUCTION DOCUMENTS (104 PERCENT). Upon approval of the Contract, ENGINEER will prepare construction plans as follows: ■ 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 the 100% design package. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO_01674 DELIVERABLES A. 1O0% construction plans and specifications. B. Detailed estimates of probable construction costs including summaries of bid items and nuantities using the CITY's sfancarrf hid items and format. C. 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. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet TPmnlatP and will hp- nnni llntPri and nnnfim irAr! cn that all nanac nra . -..-F- ��-I -...- .-... r r r..�... r.r. r..... .r.r.....0.r..r v v v -1•y% v... .....�✓►... L.• complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal r 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 prebid conference in support of the CITY. • When substitution prior to award of contracts is allowed in the contract documents, the EIGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 2 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE OAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.:01674 • 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 and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. itivir&-&-%oI dte all adU,1eI lda FI Iio LL,ie L VI-,&--t„L ��.1C�1.:�UI I Ief ILZ5 dI IU IbbUC flanicu- E:d SU-LS ASSUMPTIONS • The project will be bid only once and awarded to one contractor. ■ o sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 sets of full size and 5 sets of half size drawings plans and 1 o specifications (conformed, if applicable) will be delivered to the CITY. ■ PDF, and DWF files will be uploaded to Buzzsaw. DELIVERABLES Auuenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. 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. • After the pre-construction conference, the ENGINEER shall provide project ov�tihi#c �nr� �#tond publ1c 11 1 L11ig to ,ielp enN►I III the proposed pro ei.,t t o vn +ru+�•a u++u u��L. residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • 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 City of Fort Worth,Texas Attachment A PMO Release date:07.23.2012 Page 3 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.:01674 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,. The E lV G I N EE R 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. 1 y Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 5.0 or higher) format 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. Sin uiar 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 — "VII-1956_rec47.pdf" where "VV-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053—rec3.pdf and K-0320^org5.pdf City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 4 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.-01674 II. Water and Sewer file name example -- "X-36667_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. Example: X-12755 recl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • 1 RFI's are assumed. ■ 1 Change orders are assumed DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information V, rT.GV ICVV ui �.i iGl 19V vi uci S D. Review of shop drawings E. Final Punch List items F. Record Drawings on Mylar TASK 7. ROW/EASEMENT SERVICES= ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Research • The ENGINEER shall determine easements needs for construction of the project. Required temporary easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Easement Preparation and Submittal. The ENGINEER shall prepare exhibits to be used to obtain temporary easements required to construct the improvements. The ENGINEER shall submit the easement documents to CITY PM for real property acquisition ■ The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 5 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.:0674 7.3. Preliminary/Final Plat. • The ENGINEER shall prepare the Preliminary/Final Plat for the right-of-way required across the Jerry E. Crawford Tract. • Plat approval and execution by the property owner will be obtained by the City. Aee1�anvTEn�ic • o Easements or right-of-way documents will be necessary. ■ 2 Temporary Construction Easements. • Right-of-Way research and mapping 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 (i.e. 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. Easement exhibits and meets and bounds provided on CITY forms. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. — (DELETED) TASK 9. PLAN SUBMITTAL CHECKLISTS— (DELETED) 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 ■ Periodic site visits during construction phase City of Fort Worth,Texas Attachment A PMO Release Date:07.23.20 12 Page 6 of 7 ATTACHMENT A DESIGN SERVICES FOR RAY WHITE GAP-BEACH STREET TO CRAWFORD FARMS CITY PROJECT NO.:01674 ■ 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 Subsurface Utility Engineering Levels A, B, C or D 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. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date-07.23.2012 Page 7 of 7 ATTACHMENT B COMPENSATION Design Services for Ray White Gap— Beach Street to Crawford Farms City Project No. 01674 Lurnp Sum Project I. compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 494000 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 111. of Ll—:s ALL—,1=.__...._1 1"1 1 ��1, _ _1-_1_ I • w ie I i .-%& d 91 • w LI lt5 I-1LLdLif if HUM 1L 0, anu ocneauie as required in Httacnrnent u io inls agreement. R. The estimatond rli irrAnt phy eirral paroan# complete as r nUir, un tl�e in r oice sham 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 (North'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 TY-A rz ., •,+1 t1 •,rti fY .1!.•.1 111 R .,r 1 r n n 01%&-%� ..,,•. .•, ..,.... 1,�I■, .,..�.....,.�•►.,.� r ,,.w r+L .f i 1 0 t pO:ta�iOn cal lu f uLriv v o s L-jepa t1 I le!Il, I I ILJnt lly pI ym mss [ pO is a 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 % 1 Prime Consultant Teague Nall & Perkins � Design Services $44500 f 90.8% Proposed MBEISBE Sub-Consultants ti i r 7 I ' l Non-MBEISBE Consultants CMJ Engineering Geotechnical Investigation $4,500 9.2% i TOTAL $ 49,000 100% �rninr+� �� iwtih�r S� Al• rrse T.•,�••.l Cam,.•. RAQClCQC Cet.•. 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