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HomeMy WebLinkAboutContract 43923 CITY SECRETARY AftkAdkh IL wMtACT NOG 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 Parsons Water & Infrastructure, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Little Fossil Creek Interceptor Improvements at Various Locations. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be $391,453.00 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 Service PagPMO Oaf 16 Release Date:08/09/2012 OFFICIAL RECORD CITY SECRETARY - iY FTt 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. (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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 2 of 16 CITY SECRETARY MCT Nod!LL111 mom 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 Parsons Water & Infrastructure, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Little Fossil Creek Interceptor Improvements at Various Locations. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENG I NEER's compensation shall be $391,453.09 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 39 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 Service Page PMO D of fall Release Date:08109!2012 OFFICIAL RECORD CITY SECRETARY P :4 8 FTC WORTH,`X (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 standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 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 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 ENGI N EER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to -the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/99/2012 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 C ITY'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 ENGIN EER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other 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 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 ordinance No. 20020-1 2-2011, 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 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 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 subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as 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, productslcompleted 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!0912012 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 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 -- the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. 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 respective Department Director (by name), City of Fort Worth, 1 000 Th rockmorton, 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 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 o€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 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 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 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 C ITY'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 PMO 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 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 C ITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain 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 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 V.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 will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08/09/2012 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 C ITV's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:08/09/2012 Page 13 of 16 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 PRGJECT's schedule, commitment and cost of the ENGINEER'S personnel and subcontractors, and ENG I N EE R's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend 'the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all -the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMQ official Release Date:08/09/2012 Page 14 of 16 b.} Gut-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 PRGJECT'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, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08/0912012 Page 14 of 16 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, Illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI D.,D., VI.F., VI.H., and VH. shall survive termination of this AGREEMENT for any cause. K. observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be 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 1111 Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, 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 Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO official Release Date:08109/2012 Page 15 of 16 Executed and effective this the �)-�ql-bay of ik-U, 29 � ,�-- BY: BY: CITY OF FORT WORTH ENGINEER Par ns Water& Infrastructure, Inc. z Fernando Costa David Irvine Assistant City Manager Vice President Date. Date: APPROVAL RECOMMENDED: By: S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND M&C No.: C-25877 LEGALITY M&C Date: 9/25/2012 By:. Douglas W. Black Assistant City Attorney ., �� � 000000000 a a ATTEST. �..._�._...� ��•� a ! O Q L l 1` Wary J. Ka r � � � City Secreta �a� OFFICIAL RECORD City of Fart Worth,Texas CITY SECRETARY Agreement for Engineering Related Design Services PageOfficial fi of�6 Release Date:08/0912012 FT. ORTIN,TX ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:01960 ATTACHMENT A Scope for EnQineerin4 Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.: 01960 The scope set forth herein defines the work to be performed by Parsons in completing the project. Both the CITY and Parsons have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED The five locations identified for rehabilitation/repair are: 1. M-292C STA 0+00 to M-292C STA 35+66 31566 ft 39-inch 2. M-292C STA 105+61 to M292C STA 124+28 1,748 ft 30-inch 3. M-292C STA 175+81 to M-292A STA 191+79 1,640 ft 30/27-inch 4. M-292E STA 376+00 to M-292E STA 393+21 11722 ft 21-inch 5. M-292E STA 416+31 to M-292E STA 445+86 2,950 ft 18-inch The total footage is approximately 11,626 ft Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5 Meter Design Task 6. Bid Phase Services Task 7. Construction Phase Services Task 8. ROW/Easement Services Task 9. Survey and Subsurface Utility Engineering Services Task 10. Permitting TASK 1. DESIGN MANAGEMENT. 1.1. Communications and Reporting • Attend apre-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 City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 1 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:04960 • Conceptual Design • 60% Design • 90% Design • 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 in Microsoft Project, 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 • Personnel and Vehicle Identification: When conducting site visits to the project location, Parsons or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. 1.2. QA/QC Parsons shall perform QA/QC of the Conceptual Design Report and Final Design Deliverables. The QA/QC shall be performed by a qualified specialist, who will provide comments in a comment response form for Parsons' work and the work of Parsons' subconsultants. ASSUMPTIONS The design period will be 12 months, bidding services will be 4 months, and construction will be 9 months, for a total project length of 25 months. ■ 3 meetings with CITY staff DELIVERABLES A. 3 Meeting summaries with action items B. 25 Monthly invoices C. 25 Monthly progress reports D. 1 Baseline design schedule E. 24 Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. 25 Monthly MNVBE Report Form and Final Summary Payment Report Form G. TASK 2. CONCEPTUAL DESIGN (30 PERCENT). City of Fort Worth,Texas Attach me nt A PMO Release Date:04.09.2012 Page 2 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:01960 The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for Parsons to • Study the project, • Identify and develop alternatives that enhance the system, • Present these alternatives to the CITY • Recommend the alternatives that successfully addresses the design problem • Prepare a conceptual Design Report that describes the alternatives and recommended alternatives, and ■ Obtain the CITY's endorsement of final design concepts. Parsons will develop the Conceptual Design of as follows. 2.1. Data collection Parsons will collect and review the following existing data related to the Project, which will be provided by the city. • I CAP • As-built drawings and existing easements • Flow Data The data collection task shall also include the following: ■ 1 field visit to each project location to verify existing utilities 2.2 conceptual Design Report The Conceptual Design Report will include a description of the existing pipeline condition and alignment, and a description of rehabilitation and replacement alternatives, Parsons will provide a discussion of the relative benefit of alternatives, factoring in criteria such as pipe length, easements required, constructability, and cost. In addition, the Conceptual Design Report will include conclusions and recommendations, proposed phasing of work, and 5.5" x 11" or 11" x 17" figures depicting alternative alignments. 2.3 Cost Estimate A conceptual level construction cost estimate shall be submitted with the Conceptual Design Report. ASSUMPTIONS • 2 copies of the conceptual design package (30% design) will be delivered. Report shall be letter sized and comb- bound with a clear plastic cover. Drawings will be 8.5 x 11 portrait or 11 x 17 landscape fold outs bound in the report. ■ PDF files of figures will be uploaded to the designated project folder in Buzzsaw City of Fort Worth,Texas Attachment A PMO Release Date:04 09.2012 Page 3 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.;41960 • Parsons shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • Parsons shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Report B. Conceptual level construction cost estimate for recommended alternatives TASK 3. PRELIMINARY DESIGN (60 PERCENT), Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. Parsons will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • Dover Sheet • A Project Control Sheet, showing all Control Points, used or set while gathering data at a scale of 1:200. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 518" 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 protect easement layout sheets with property owner information. • Overall Layout Sheet. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.l.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet—two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 4 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:01560 Addition Names) along with property ownership shall be provided on the plan view. The sheets will include: Location 1 (3566 LF 39-inch, 4 sheets) • Location 2 (1748 LF 30-inch, 2 sheets) • Location 3 (1640 LF, 30127 inch, 2 sheets) • Location 4 (1722 LF 21-inch, 2 sheets) • Location 5 (2959 LF 18/12 inch, 3 sheets) • Abandonment Sheet (1 sheets) which shows abandoned sewer pipe for realignment pipeline sections. • Parsons shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by Parsons to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • 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 Parsons 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, Parsons 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, Parsons shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). wrhe Level A SUE will be performed; (1) by Parsons 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, Parsons shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. Parsons 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. • Parsons will prepare standard and special detail sheets for sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may included connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 5 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:41960 unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation • Soil investigations, including field and laboratory tests borings and related Engineering analysis and recommendations for determining soil conditions will be made, in accordance from the attached letter from Gorrondona &Associates dated June 20, 2012. 3.3. Constructability Review • Prior to the 00 percent review meeting with the CITY, Parsons shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. Parsons shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4. Utility Clearance • Parsons shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF fifes. • Parsons will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. 3.5. Traffic Control Plan • Develop traffic control plan sheets utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. 3.5. Storm Water Pollution Prevention Plan ■ Parsons will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. Parsons 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. ASSUMPTIONS • 1 public meeting will be conducted or attended during the preliminary design phase. ■ 10 borings at an average bore depth of 30 feet each will be provided, pursuant to the letter provided by Gorrondona &Associates dated June 20, 2012 and with the assumptions and conditions stated therein. ■ Traffic Control "Typicals" will be utilized to the extent possible. ■ 3 sets of 11 x 17 size plans will be delivered for the Constructability Review. City of Fort Worth,Texas Attachment A PMO Release Bate:04.09.2012 Page 65 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.-.41960 • 2 sets of full size plans 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 Buzzsaw. The CITY's front end and technical specifications will be used. Parsons shall supplement the technical specifications if needed. • Drawings will be uploaded to Buzzsaw for Utility Clearance. ■ Parsons will not be responsible for any additional city or county permitting or clearances. • Parsons shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings C. Traffic control Plan D. Storm Water Pollution Prevention Plan E. Estimates of probable construction cost F. 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, Parsons will prepare construction plans as follows: 4.1. 90% Plans and Specifications Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 4.2. 100% Plans and Specifications Following a 90% construction plan review meeting with the CITY, Parsons 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. 4.3. Construction cost Estimate Parsons 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. ASSUMPTIONS City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 7 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:01960 • 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 Buzzsaw. • 2 sets of full 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 Buzzsaw. • Parsons to provide estimated final sheet list (cover/index, general notes, control point location, easement layout, SUE plan sheets, no. of plan/profiles, special detail sheets, etc.) DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. original cover mylar for the signatures of authorized CITY officials. TASK 5. METER DESIGN SERVICES. Design services for the replacement of two meters in Locations 1 and 3, as required. 5.1 Conceptual Design - Parsons shall include a discussion of meter location alternatives and recommendations and conceptual level construction cost estimate in the Conceptual Design Report. 5.2 Preliminary Design - Parsons shall provide up to 4 sheets total for the meter design, including structural sheets for meter vaults, and a preliminary level construction cost estimate. 5.3 Final Design -- Parsons shall provide 90% and l00% plans and specifications for up to 4 sheets for the meter design, including meter vaults and engineer's estimate of construction costs. TASK 6. BID PHASE SERVICES. Parsons will support the bid phase of the project as follows. 61. Bid Support • Parsons 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 City of Fort Worth,Texas Attachment A PMo Release Date:04.09.2012 Page 8 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:41960 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 Awf 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. • Parsons 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. Parsons 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. Parsons 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. Parsons 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, Parsons 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. A copy of the Bid Tabulation is to be uploaded into the project's Bid Responses folder on Buzzsaw. 6.2 Final Design Drawings (Conformed Drawings) 1} Parsons shall incorporate all addenda into the contract documents and issue final design sets. Final Design 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 TPW plan set and a separate PDF and DWF file for the Sewer plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted, PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1955_org47.pdf' where "VII-1 956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. City of Fort Worth,Texas Attachment A PMO Release Date:04.49.2012 Page 9 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.;01950 Example: VII-0053_org3.pdf and K-0320—org5.pdf li. sewer file name example -- "X-35557_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—Org 18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. 2) In addition to the PDF and DWF files, Parsons 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. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name -- "W-1955—SHT01.dwg", "W- 1956_S HT02.dwg", etc. II. Water and 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—SHTO1.dwgis, "X-12755—SHT02.dwg11, etc. 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 The project will be bid only once and awarded to one contractor. • 24 sets of construction documents will be sold to and made available at Parsons offices in Fort Worth and Richardson, Texas. • Parsons evaluation of bidders shall be limited to comparison of bid prices, and shall not include and evaluation of the qualification or financial soundness of the bidding entities. • 2 sets of full size (22" x 34") and drawings plans and 2 specifications (conformed, if applicable) will be delivered to the CITY. ■ PDF, DWF, and DWG files will be uploaded to Buzzsaw. DELIVERABLES City of Fort Worth,Texas Attachment A PMO Release Date:04.49.201 2 Page 10 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:41950 A. Addenda B. Bid tabulations C. Recommendation of award based on bid price D. Final Design Drawings (conformed plans) TASK 7. CONSTRUCTION PHASE SERVICES. Parsons will support the construction phase of the project as follows. 7.1 Construction Support • Parsons shall attend the preconstruction conference. • After the pre-construction conference, Parsons 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. • Parsons shall make 9 site visits to the project site as construction proceeds to observe and report on progress. ■ As requested by the CITY, Parsons shall provide necessary interpretations and clarifications of contract documents, review submittals and BFI's. , and make recommendations as to the acceptability of the work. 7.2 Parsons shall attend the "Final" project walk through and assist with preparation of final punch list. 7.3 Parsons 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 • Parsons 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 shah 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. • +rhe 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 City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 11 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:41950 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. Parsons shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. Parsons 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. 1} 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 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-aular PDF and DWWF files for each sheet of a Ian set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example -- "W-1956_rec47.pdf' where "W-1 956" 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-6320_org5.pdf li. 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. Example: X-12755_recl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • A maximum of 8 BFI's are assumed. • A maximum of 16 submittals, including shop drawings, are assumed. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of shop drawings and submittals City of Fort Worth,Texas Attachment A PMO Release Date:04.09.2012 Page 12 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:0960 E. Record Drawings on mylar TASK 8. ROW/EASEMENT SERVICES. Parsons will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 8.1. Right-of-Way Research • Parsons shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit up to 30 Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the templates available on the CITY's Buzzsaw site. ASSUMPTIONS Up to 10 Temporary right-of-entry documents will be necessary. 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. Up to 10 temporary right-of-entry documents. TASK 9. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. Parsons will provide survey support as follows. 9.1. Design Survey • Parsons will perform field surveys to collect horizontal and vertical elevations and other information needed by Parsons in design and preparation of plans for the project, as described in the letter from Gorrondona & Associates dated June 20, 2012. ASSUMPTIONS City of Fort Worth,Texas Attachment A PMO Release Date;04.09.2012 Page 13 of 14 ATTACHMENT A DESIGN SERVICES FOR LITTLE FOSSIL CREEK INTERCEPTOR REHABILITATION CITY PROJECT NO.:01900 ■ Topographic survey at intersections will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. TASK 10. PERMITTING Parsons shall obtain one each TXDOT and railroad construction permits for the project. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Sco a of Services -- CITY and Parsons agree that the following services are beyond the Scope of Services described in the tasks above. However, Parsons can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to Parsons 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: • Right-of-Entry fees are not included with this proposal. ■ 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. • City, County or other agency permitting or clearances other than permits described in Section 10. • 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 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. ■ 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:04.09.2012 Page 14 of 14 ATTACHMENT B COMPENSATION Design services for Little Fossil Creek Interceptor Rehabilitation Project City Project No. 01960 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $391,453 a summarized in Exhibit B-1 — Engineer Invoice and Section IV -- Summary of To Project Fees. The total lump sum fee shall be considered full compensation fo 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 11 - Method of Payment. 1�. 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. 111. 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:5.19,2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV., Summary of Total Project Fees Firm Primary Responsibility Fee Amount °Io Prime Consultant Parsons Water and Project Management, Design, $283,142 72.3% r Infrastructure Bid and Construction Services Proposed MIWBE Sub-Consultants Criado &Associates Design and Survey Services $39,051 10.0% for Project Location 2 Gorrondona & Survey, ROE, and $691260 17.7% Associates F Geotechnical Services Non-MIWBE Consultants ----------- TOTAL $3917453 100% Project Number& Name Total Fee MfWBE Fee M/WBE % 01960 Little Fossil Creek Interceptor $391,453 $1081311 1 27.7%__j City MMBE Goal = 22% Consultant Committed Goal = 27.7% City of Fort Worth,Texas Attachment B PMO Official Release Date:5.19,2010 Page 2 of 3 [3-2 v C C ai M E � m m � c a � V H 7 m � C •� m as� .r O 3 � v m c •� � d m c a C' E m a p � a Q qpy� C V df � y O m o Q E .. 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LL A 1 W E Legend S Existing Sewer Lines 0 150 300 600 900 1,200 WA Feet Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FORT WORTI I COUNCIL ACTION: Approved on 9/25/2012 -ordinance No. 20424-09-2012 DATE: 9125/2012 REFERENCE NO.: **C-25877 LOG NAME: 60LFM292VAR- PARSONS CC)DE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Engineering Agreement with Parsons Water& Infrastructure, Inc., in the Amount of$391,453.00 for Little Fossil Creek Interceptor Improvements at Various Locations Within the Little Fossil Creek Drainage Basin and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council: I. Authorize the transfer of$441,453.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$441,453.00 from available funds; and 3. Authorize the execution of a contract with Parsons Water& Infrastructure, Inc., in the amount of $391,453.00 with Parsons Water & Infrastructure, Inc., for Little Fossil Creek Interceptor Improvements at Various Locations. DISCUSSION: This project consists of the preparation of plans and specifications for the replacement of the severely deteriorated portions of the City's Sanitary Sewer Main 292 located at various points along Little Fossil Creek.. Parsons Water& infrastructure, Inc., proposes to perform the design work for a lump sum fee of $391,453.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. Parsons Water& Infrastructure, Inc., is in compliance with the City's MIWBE ordinance by committing to 28 percent MIWBE participation. The City's goal on this project is 22 percent. In addition to the contract amount, $50,000.00 is required for project management, real property acquisition and utility coordination. The project is located in COUNCIL DISTRICTS 2 and 4, Haltom City and the City of Blue Mound. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 11 1, PE45 538040 0709020 441 453.00 http://apps.cfwnet.org/council—Packet/mc—review.asp'.,?ID=I 7448&councilda...uncilda... 9126/2012 P258 476045 7011701960ZZ $441.453.00 3) P258 531200 701170196031 $101.053.00 2) P258 511010 701170196030 $45,000.00 3) P258 531200 701170196032 $202,106.00 2) P258 531200 701170196031 $101,053.00 3) P258 531200 701170196033 $33,684.00 2) P258 531200 701170196032 $202,106.00 3) P258 531200 701170196051 $54,610.00 2) P258 531200 7011 L01 96033 $33.684.00 2) P258 531200 701170196051 $54.610.00 2) P258 531350 701170196042 $2.500-00 P258 531350 701170196073 $2.500.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: David Cooper (8252) ATTACHMENTS 60LFM292VAR-PARSONS MAP.pdf 60LFM292VAR-PARSONS-Revised A012.doc http-,//apps.cfwnet.org/councii—Packet/mc—rev"tew.asp?ID=I 7448&councilda...ncilda... 9/26/2012