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HomeMy WebLinkAboutContract 42510 CITY SECRETARY CITY OF FORT Wo RT H TEXAS CONMCT N0,,.,,,4*_Z5 ----= STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Alan Plummer & Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Reclaimed Water Extension Along American Boulevard. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A. The ENGINEER's compensation is 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 . g limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 50 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under t it City of Fort Worth.Texas �, �_ Standard Agreement for Engineering Related Design Services OFF 3 C-Y A 1. E CORD PMO official Release Date:9.22.2919 Page 1 of 15 CITY SECRETARY 1 -0 2-1 1 AFT.t Y� ffT"j,,NTX 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. (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. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO official Release Date 9.22.2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on--site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on--site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. opinions of Probable Cost, Financial considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date.9.22.2010 Page 3 of 15 (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 samplin g and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for an errors or omissions in the information from others that is incorporated into the record drawings. i. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the MIWBE goal established for this contract and its accepted written commitment to MIWBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:9.22.2010 Page 4 of 15 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) ears after y final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as ma y 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 City of Fort Worth,Texas insurance shall apply as primary insurance with respect to any other Standard Agreement for Engineering Related Design Services PM4 Official Release Date 9.22.2010 Page 5 of 15 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 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 b Y J rY Y 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date.9.22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. 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 City of Fort Worth,Texas to the date of the contractual agreement. The certificate of insurance shall Standard Agreement for Engineering Related Design Services PMO Official Release Date-9.22.2010 Page 7 of 15 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 p a Y ment and termination of any coverage required to be maintained after final p a Y ments. I. The CITY shall not be responsible for the direct payment of an insurance Y premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required q 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 abuttin the . g proposed PROJECT.and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writin g of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. o. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9.22.2910 Page B of 15 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date.9.22.2010 Page 9 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, city hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9.22.2010 Page 10 of 15 (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-existin g 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 p rovide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMo official Release Date:9.22.2010 Page 11 of 15 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 CITYSs 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 p erform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.} 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 PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEERS compensation will be made. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 9.22.2010 Page 12 of 15 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 a a . pay subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, g , 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 p rior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, Y g tY, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had . p never been contained herein. Articles V.F., VI.E., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date:9.22.2919 Page 13 of 15 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. City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services PMO official Release Date 9.22.2010 Page 14 of 15 Article VII 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 0 FIT , 4 Attachment E - Location Map Y 1 °00000 00 ° 0 o 0 i0- ted this the day of , 2011.°1111111a a o o 0AN T: D I TY OF FORT WO RTH ° a to QC1 � p�p3ap p rE% � � AA By: Marty Hendrix Fernando Costa City Secretary Assistant City Manager APP C) ED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED By: By: , Assistant City Attorney S. Frank Crumb, P.E. Director, Water Department Alan Plummer Associates, Inc. /44 0-9-- 1 William ffackley, P.E. Principal By: City of Fort Worth,Texas OFF: . Standard Agreement for Engineering Related Design Services CITY SECRETARY PMO Official Release Date 9.22.2010 Page 15 of 15 FT, WORTH, TX ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: 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. The PROJECT is generally described as: • Design of approximately 2,100 LF of 12-inch reclaimed water line from the intersection of American Boulevard and F.A.A. Boulevard to a proposed meter station at the northeast corner of the intersection of Bear Creek Parkway and S.H. 183. • Bid and construction assistance to City of Fort Worth after completion of the design of proposed reclaimed water line. Design, Bid and Construction will be for one project. Upon receipt of Notice to Proceed to the Contractor, the ENGINEER will perform the following tasks: Basic Engineering Services A. Design Phase Services: A.1. Initial Data Collection: A project kick-off meeting with the OWNER and representative(s) from City of Fort Worth will be held at to cover the following items: 1) review the scope of work; 2) to verify the OWNER's requirements for the project; 3) obtain plans of existing and proposed utilities and facilities; 4) finalize alignment routing criteria and construction requirements; 5) confirm daily quantities of reclaimed water required for City of Euless (the "USER"); 6) determine points of delivery of the reclaimed water for each USER; and 7) operation of the irrigation system for each USER. The OWNER will provide to the ENGINEER all hard copies and digital information related to the project at or near the time of the initial meeting. The ENGINEER will submit a design schedule to the OWNER at the time of the initial meeting. A.2. Preliminary Engineering Phase (50%): 1) Coordination with Other Agencies for Pipeline Preliminary Design: City of Fort Worth.Texas Attachment A PMO Release Date:08.27.2010 Page 1 of 7 ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: During this phase the ENGINEER shall coordinate with owners of the utilities, including City-owned utilities. These entities shall also be contacted if applicable, to obtain plans for proposed and existing facilities. The information obtained shall be shown on the plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines, pavement repairs, lane closures, etc. ENGINEER shall complete forms necessary for OWNER to make application for permits from City of Fort Worth, Texas Department of Transportation (TxDOT), Gas Pipelines, Electrical Power Companies, and Tarrant County, and submit such forms to the OWNER. OWNER shall be responsible for forwarding the forms to the affected agencies for execution. 2) System Operation: a} Flushing of the system, if required, will be performed by blowoff valves into City of Fort Worth existing sanitary sewer system. Any blowoff metering will be by additional services. b) Meters will be based on previously established standards of the existing reclaimed water system. c) It is anticipated that users will call for water by opening a valve downstream of the City of Fort Worth meter. 3) Preliminary Construction Plans: ENGINEER will prepare preliminary construction plans as follows: a) Overall system layout sheets and an overall easement layout sheet. b) Preliminary project plans and profile sheets, which show the following: i) Proposed system plan. ii} Recommended pipe size and profile. iii} Property ownership — Lot Nos., Block Nos., and Addition Names on Plan View. c} Existing utilities and utility easements will be shown on the plan sheets. ENGINEER will coordinate with utility companies and the OWNER to determine if future improvements are planned that may impact the project. All visible utilities will be located. d) ENGINEER will provide initial property and right-of-way research based on Tarrant County Appraisal District maps. e) Utility Clearance Phase i) The ENGINEER will consult with Public Works, Engineering, and other City Departments, as well as public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ii} The ENGINEER shall deliver up to ten (10) sets of half-size (11"x1 711) preliminary construction plans to the public utilities, private utilities, and government agencies for coordination purposes and compliance. iii} ENGINEER will design the project to minimize conflicts with existing utilities. 4) Preliminary Construction Plan Submittal: a) The ENGINEER shall deliver five (5) sets of half-size preliminary construction plans to OWNER for review. b) The ENGINEER shall submit a preliminary estimate of probable construction cost and schedule with the preliminary plans. ENGINEER shall assist OWNER in selecting the feasible and/or economical solutions to be pursued. City of Fort Worth,Texas Attachment A PMO Release Date-08.27.2010 Page 2of7 ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: c) A 50% Review Meeting will be held with OWNER to discuss review comments on preliminary submittal. The ENGINEER will begin Final Engineering Phase upon receipt of OWNER's comments and completion of 50% Review Meeting. Changes requested by OWNER to detailed alignment after receipt of comments, may require additional compensation and may be requested by ENGINEER as an ADDITIONAL SERVICE. A.3. Final Engineering Phase (90%): 1) Final Construction Documents shall be prepared and submitted to OWNER after approval of Part A.2.4.c. 2) A Quality Control (QC) meeting is to be held at approximately the 99 percent complete milestone. The OWNER will be furnished five (5) sets of the plans, specifications, and bid proposals marked "Preliminary" for approval by the OWNER. The CSC meeting will involve participation by senior staff members from the ENGINEER and the OWNER. 3) Following OWNER approval of the recommended improvements, the ENGINEER shall prepare final plans, technical specifications, and contract documents for bidding purposes. Each sheet shall be sealed, dated, and signed by the ENGINEER. The ENGINEER will submit two (2) sets of plans and construction contract documents within 15 days of OWNER's final approval. Plan sets shall be used for Part B activities. 4} The ENGINEER shall submit a final opinion of probable construction cost with the final plans. The ENGINEER's construction costs will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in cost. The ENGINEER does not warrant the accuracy of the opinion of probable construction cost. B. Bid Phase Assistance: 1} The ENGINEER will make one reproducible available for bidding, upon request by OWNER. The OWNER will copy and distribute drawings of the final approved and dated plans and specifications and contract documents including any addendums to potential bidders. Proposal will be delivered to the OWNER in electronic format. 2) The ENGINEER shall assist the OWNER during the bid phase including preparation of addenda for planholders and responses to questions by prospective bidders for distribution by City. 3) ENGINEER shall attend and assist in conducting the scheduled pre-bid conference. 4) The ENGINEER shall develop bid tabulations and make a recommendation for award. 5) The ENGINEER will conform contract documents for signature with Contractor. C. Construction Phase Assistance: 1) Assist the OWNER in conducting preconstruction meeting with the contractor. 2) The ENGINEER will provide necessary interpretations and clarifications of contract documents and respond to Requests for Information (RFI) specifically related to those portions of the Contract Documents designed by the ENGINEER. ENGINEER will respond to up to three (3) RFIs. 3) The OWNER will review and approve monthly and final estimates for payment from the contractor. Ci y of Fort Worth,Texas Attachment A PMO Release Date:08.27.20 1 0 Page 3 of 7 ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: 4) The ENGINEER will make periodic visits to the construction site if requested by the City to become familiar with the progress and quality of the construction work and determine if the results of the construction work are in accordance with the drawings and the specifications. Visit the site two (2) times during the duration of the construction phase. If the ENGINEER is asked to visit the site more frequently, the ENGINEER shall be entitled to additional compensation. The ENGINEER shall not be required to make continuous daily on-site observations to check the quality or quantity of the construction work. The ENGINEER shall not be responsible for the construction performance, programs, or for any safety precautions utilized in connection with the construction work. The ENGINEER shall not be responsible for the contractor's failure to execute the work in accordance with the construction contract. However, if the ENGINEER observes construction conditions not in conformance with construction contract documents, ENGINEER shall notify OWNER of non conformed items. 5) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill test reports or material and equipment and other data which the contractor submits. The ENGINEER will review up to five (5) shop drawings and other submittals. This review is for the benefit of the OWNER and covers only general compliance with the information given by the construction contract documents. It does not relieve the contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the construction contract documents. G} The ENGINEER shall be, in the first instance, the interpreter of the requirements of the construction contract documents and the impartial judge of the performance thereunder by both the OWNER and the contractor. At the written request of the OWNER, the ENGINEER will be required to make certain interpretations of the contract documents. These interpretations shall be in the form of written recommendations and conclusions sent to the appointed representative of the OWNER. 7) The ENGINEER shall not be responsible for the acts or omissions of the contractor, or any Subcontractors, or any of the contractor's or Subcontractor's agents or employees, or any other persons performing any of the work on the project, except those employees, agents, and Sub Consultants of the ENGINEER. 8) The ENGINEER will attend the final walkthrough and will assist in itemizing deficiency items and making recommendation of final acceptance. Assist representatives of the OWNER with final inspection of the project for conformance with the design concept of the project and compliance with the construction contract documents. 9) The OWNER will prepare record data drawings. Other Services Other Services are those services known to be required for completion of the project that the OWNER agrees are to be furnished by the ENGINEER are not included in the scope of work of Basic Services or the amount of compensation for Basic Services. The Other Services for this assignment are described as follows: A. design Surveying: Co of Fort Worth.Texas Attachment A PMO Release Date:08.27.2010 Page 4 of 7 ATTACHMENT DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information that will be needed for use by the ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, property corners, elevations of sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. compile base plan from field survey data. 1) Project control — To be established for this Project by the ENGINEER, based on CITY standard coordinates. 2} Utility Location — ENGINEER will locate visible utilities including, but not limited to, manholes, fire hydrants, valve boxes, power poles, drainage structures, telephone pedestals and pipeline markers as well as location of DIGTESS utility markers. 3) Design Survey — The ground topographic design survey consists of a route of totaling approximately 2,100 LF along the eastern right-of-way of American Boulevard and 1,370 LF along the western right-of-way of American Boulevard at the intersection with S.H. 183. The topographic survey shall be up to 100 feet in width and shall be up to 80 feet left and right of the proposed centerline, survey shall extend far enough to include data 80 feet in all directions of all electric transmission line towers. The topographic survey shall include locating all existing features within the topographic limits of the survey. Topographic elevations shall be taken as needed to generate an accurate Digital Terrain Model. Features located shall include, but not limited to, pavements, sidewalks, buildings, bridge columns, bridge low beam elevations, trees (tree lines in highly condensed areas, individual trees 8 inches or larger including landscape trees), fences, curb and gutter, manholes, water valves and other visible features. 4) Soil Borings — Stake approximately two (2) soil boreholes and approximately two (2) SUE utility locations along the project route. 8} ENGINEER Will Provide the Following Information — All plans, field notes, plats, maps, legal descriptions, or other specified-documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer-aided drafting (CAD) software currently in use by the OWNER. All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the ASCII format, all drawing files shall be provided in AutoCAD (DWG or DXF) format (currently 2008), or as otherwise approved in writing by the OWNER, and all data collected and generated during the course of the project shall become the property of the OWNER. 8} The minimum information to be provided in the plans shall include the following: a) The following information about each Control Point: i) Identified (Example: City Monument#XXXX, PK Nail, 818-inch Iron Rod). ii} X, Y, and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on city Datum only. iii} Descriptive Location (Example: 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). iv} Coordinates on all PCs, PTs, Pis, Manholes, Valves, etc., in the same coordinate system, as the Control. v) No less than two horizontal control points and two benchmarks or control points per 1,100 feet of pipeline. vi} Bearings will be provided on all proposed pipeline centerlines, or baselines. vii} Station equations relating utilities to paving, when appropriate. City of Fort Worth,Texas Attachment A PMO Release Date:08.27.2010 Page 5 of 7 ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: 7) Two easement documents will be prepared for procurement and acquisition by the City. B. Subsurface Geotechnical Investigations: Two (2) bore locations to be approved by the OWNER first, prior to conducting this task. 1) Provide for and coordinate geotechnical investigation required for design of PROJECT. 2) Drill, classify, and perform pertinent tests on soils at up to two (2) locations (average bore depth twenty (20) vertical feet) along pipeline route. If number of borings required or if average boring depth exceeds these values, additional compensation may be requested as an ADDITIONAL SERVICE. 3) The ENGINEER will arrange for and provide access to private property necessary for soil borings. if reasonable access is not available to selected sites, or if tracked or other special vehicles are needed for site access, additional compensation may be requested as an ADDITIONAL SERVICE. 4) Provide five (5) copies of geotechnical investigation summary report for OWNER's records. C. Subsurface Utility Engineering: Subsurface Utility Excavation (SUE) will be performed in accordance with the American Society of Civil Engineers (ASCE), in publication CIIASCE 38-02. The quality level set for this project is Quality Level "A": Precise horizontal and vertical location of utilities obtained by the actual exposure and subsequent measurement of subsurface utilities. The scope of this project will provide utility mapping to Quality Level A as specified below. The scope of work includes completing up to two (2) test holes on various utilities along the project alignment. The ENGINEER will develop a utility conflict analysis. From the analysis, it can be determined where the test holes, Quality Level A, are required. Final deliverable will include test hole data forms signed and sealed by a licensed Texas professional engineer. The OWNER will approve test hole locations. The test data forms will include: depth of utility, surface elevation, top of utility elevation, pipe material, pavement thickness, coordinates of the test hole, size and type of utility, owner, bench marks, time, date, and pictures of the utility. Upon completion of each test hole, two pictures will be taken, one of the utility and one of the test hole board showing the depth. Each test hole will be marked with a 5l8-inch rebar with cap or a chiseled "x" if the test hole is under pavement. The locating work will be performed on a per test hole basis. The rate includes CAD, Project Management (PM), and all field work and equipment necessary to produce test hole data forms. The rate is for 2 holes up to 9 feet deep. Additional depth will require additional fees. City of Fort Worth,Texas Attachment A PMO Release Date:08.27.2010 Page 6of7 ATTACHMENT A DESIGN SERVICES FOR RECLAIMED WATER EXTENSION ALONG AMERICAN BOULEVARD CITY PROJECT NO.: 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: 1) Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. 2) Revisions and changes required by OWNER for easement acquisition and/or other reasons to the pipeline alignments or sizes, after approval of the final alignment. 3} Provide expert witness testimony as required for condemnation hearings, including the preparation of engineering data and reports. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the project, including the preparation of engineering data and reports for assistance to the OWNER. 4} Providing additional topographic surveys beyond the limits set forth in Other Services. 5) Investigations involving detailed consideration of expenses and material audits or inventories required for certification of force account construction performed by the OWNER. 5} Provide shop, mill, field or laboratory inspection of materials and equipment. Sampling, testing or analysis beyond that specifically included in Basic Services. 7} Furnishing resident representation as the OWNER's on-site representative during the construction phase. 8} Assisting the OWNER in claims disputes with Contractors). 9) Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the Plans and Specifications. 10)Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. 11)Attending additional meetings not detailed in the Basic Engineering Services as requested by OWNER. 1 2} Providing additional copies of Plans and Specifications. 13) Participation in a Public Hearing (Public Meeting). 1 4}Obtaining tree permits. 1 5}Section 404 Permitting. 1 5} Environmental Support for Funding Programs. 17)Archeological/Cultural Resources Survey. 18) Breaking up project for more than one bid and construction project. 19)Traffic Control Plan. 20)Storm Water Pollution Prevention Plan. 21) Reviewing additional Contractor submittals, beyond what is specified in Basic Services. 22)Any additional services, which may be required by the OWNER for completion of the project that are not included in the Basic Services or Other Services. City of Fort Worth,Texas Attachment A PMD Release Date.08.27.2010 Page 7 of 7 ATTACHMENT B COMPENSATION Design Services for Reclaimed Water Extension Along American Boulevard City Project No. Lump Sum Project I. Compensation A. The ENGINEER shall be compensated for Basic Engineering Services a total lump sum fee of $78,,255.00 as summarized in Exhibit B-1 -- Engineer Invoice and Section IV -- Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the Basic Engineering Services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be compensated for Special Services, if authorized by the CITY, a total lump sum fee of $34,980.00 as summarized in Exhibit B-1 -- Engineer Invoice. The total lump sum fee shall be considered full compensation for the Special Services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. C. 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 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. Ill. 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- ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm j Primary Responsibility Fee Amount Prime Consultant Alan Plummer Engineering Design Services $907512.00 80% Associates, inc. Proposed M1WBE Sub-Consultants Spooner Associates, Survey & Easement $13,450.00 12% j Inc. Preparation Services li G.M. Enterprises Geotechnical Drilling $27100.00 2% Evans Graphics Printing Services $21500.00 2% Lina T. Ramey & Subsurface Utility Excavation $2,673.00 2% Associates, inc. Services Non-MfWBE Consultants CMJ Engineering Geotechnical Engineering $2,000.00 2% Services j TOTAL 1 $11 37235.00 100% Project Number& Name Total Fee M WBE Fee MfWBE % $113,235.00 $207723-00 18%_ City MIWBE Goal = % Consultant Committed Goal = 18 % City of Fort Worth,Texas Attachment B PMO official Release Date:5.19.2010 Page 2 of 3 B-2 EXHIBIT "13=1:1 ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMo official Release Date: 5-19.2010 Page 3 of 3 B-3 t-j Li 00 g C � rn � G1 .E JU r E d m C v V N 'o 0 CL is L a o' d E a o w a v E o � a o ° E E o Q u E n ccoo M G E c a� N0) N ... � � fl. E L ` o p tq� r Z V °' E o � a � m C y m c CD CL 3 V 0 m m E v a o C _A a d` a v v c LO E °❑ r E W o �C � _— as ❑ � a — cro aro N N U N N 'a) v (D C a o � Q . a 4)a :t! o C cD0H� Ix Q ) N C 3 N •° ch 4)° a � w � IL u.i t a 03 ¢ Q �, N U) E' E .� m o •� U a F- Li Q A mcin m 0. 0 # E Z � }� Z C C C -1.0+� m �a `n E EEo'o � � � � � �� o oa a° o � IL IL �, u>MLL 333333 Q 0 0 0 0 a LO 0 L LO C �}qr to f, N 'C V cD N f- r co C CO � � r f- '� �fA W di d4 d m 4a 4) C v G�• t o U c 'D v > O C .-% L 4a •o C 0� CL o $ 'D w � C a U d o LO L V) P'7 N 3 � Mcq p� 0 a lip o as U c ►A C � m 7 C CL o� E L m �; EQ m� G7 'ywr L La M C� G� CL � a 0 a a •p E c E _ c 0 0 0 � • L = � 2 ' , 0. 999 a m �,. �,,, 0 0-0 C c +°ii �y a aci C y r`"- c�'v to c P, as a+— rn d Ell N an c an a O act act co Q C o a N r-r- Q a V V ' CO W Q N C r H m 0 'AD C Z E p 4, m N H C •� v � E H ¢t .0 Eg� co � C ,� a . QmUa- GCW y � � •N U ro .0 co H _N E w p a to m H CL ca N E C N E E z Q1 Q1 0 'Da v`�� E �� EED•0 � � � C >. I. aU3LL v 0�a��� a 1 M � M a a a a a a a a a Q� Sri 0 0 0 Sri 0 a o C vaa nv0iar`"• c'p m � m a C v � . t 0 C 10 v � 0 0 c .. 2 .+1�a d � a o a L.? $ 'G c c c o• E E o cy >% 0 V �a c aaaaaaa C Lo 0 0 0 ro o°a ♦, LD 0 C3 E c � �► Cf y w F- _C c E v c Q O. c c vim, d 1.0 as d d ❑ a c, �SQ c E > h o c E� E Z Q s w OO M CL c �P-IW IW 4i L°n coo C ❑ ,v I d c a a I v, o c� v� v c D SL E 'oT� �4 � M � .� c o� sC6 a Lb E`er .o Q? c c c a CO N ca Cs Q cc a Q _>� a cm i CD IE 0 5 > a cn E c moo. mss_ m UA.0 ,E d o d c c N I5 0 CD ❑❑ j d E Q Q C Lij CO CL E E d} c CL CL M m M H ►V 01 c a a N.0-0 3 v o a a 0 Z s cn m Oi'� N a H a CD •v v a (U C CL m _ CD cc d) N a o N L d 2! w of z a c C E E E E CO) Ci o c c m ..O � E - 'a `�^ •�+d cA r G eo,v m t t t t aav3ivn z °�aLL�= a � V � � M � m ATTACHMENT "C" CHANGES AND AMENDMENTS To STANDARD AGREEMENT Design Services for Reclaimed Water Extension Along American Boulevard City Project No. Article IV—obligations of the Engineer 1) Paragraph D— Preparation of Engineering Drawings: Delete this paragraph in its entirety and replace with the following: "The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible bond sheets and electronic files in .pdf and .dwf format, which shall become the property of the CITY. CITY may use such drawings in an y 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." 2) Paragraph G — Construction Progress Payments: Delete this paragraph in its entirety. 3) Paragraph H — Record Drawings: Delete this paragraph in its entirety. City of Fort Worth,Texas Attachment C PMO Release Date,05.19.2010 Page 1 of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D-Project Schedule This PROTECT requires a Tier << » schedule as defined herein and in the.City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) - Primavera Contractor (Version 6.1 or later or approved by CITY) - Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any,and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (VVBS) representing the tasks, subtasks,and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY"s Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY"s Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date-02.15.2011 Page 1 of 2 • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 Legend Current Project Future Euless Reclaimed Water Line Q ` j .. .. Existing Ft.Worth Reclaimed Water Line City Limits ► 1 I ► 1 ■ I End Project I 183 , l l I 1 1 1 Blr►d. Begin Project l CGOP*4 dim" l l �x► out aq.�, Cc l r � 4 cwt 's h AARWINCURT food Fwk Q Imo; Project ' Location 'x ,i I L L A 5 � 7, Rf l GrwW Prairie(190, �Gvakepil MN! I s fe l ww Lahevsew {SQL} X343 j O i�rtitl�+d { ptt?F b.Oasi.wr ~ �°' f .- II a,'. l Uo ORTWO RT Attachment ent E Reclaimed Water Extension Along American Boulevard May 24, 2011 D 400 800 tti:•ar.ntr.ru fFRto scff7rrs*s Feet �R�0 DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/7/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McLaughlin Brunson Insurance Agency, LLP NAME: Patrick P McLaughlin 6600 LBJ Freeway, Suite 220 AICNNo Ext: (214] 503-1212 FAX No:(2 14) 503-8899 E-MAIL Dallas TX 75240 ADDRESS:PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:XL Specialty Insurance Company 37 885 Alan Pluawner Associates, Inc. INSURER B:Travel era Indem. Co. of Conn 25658 1320 S. University Drive■ #300 INSURER C:Travelers Lloyds Ins. Company 41262 Fort Worth TX 76107 INSURER D:Charter Oak Fire Insurance Co. 25615 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 10926 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYY) (MM/1DD1YYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 C X COMMERCIAL GENERAL LIABILITY Y Y PACP1996L981 6/15/2011 6/15/2012 DAMAGE TO RENTED / PREMISES Ea occurrence $ 11000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10:000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LI MIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 JFCT POLICY X PRO 1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 {Ea accident} D X ANY AUTO Y Y BA2003L924 6/15/2011 6/15/2012 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS {Per accident} $ X NON-OWNED AUTOS $ X No owned Autos $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 41000,000 Y Y CLTP6428Y427 5/15/2011 5/15/2012 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 41000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional L ab N Y DPR9693889 5/9/2011 5/9/2012 2,000,000 Per Claim/ Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Add ltlonaI Remarks Schedule,If more space Is requIred) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. 30 Days Notice of Cancellation in favor of the certificate holder. City of Fort Worth is shown as an additional insured with waiver of subrogation on the Yn eneral and umbrella liability coverages as required by contract. A waiver of subrogation is shown favor of the City of Fort Worth on the auto liability coverage as required CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Attn: S. Frank Crumb, P.E. Water Department AUTHORIZED REPRESENTATIVE n 1000 Throckmorton Street n. Fort Worth TX 761026311 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD Page 1 of 2 DESCRIPTION OF OPERATIONS SECTION CONTINUED DATE 7/7/2011 CERTIFICATE HOLDER: INSURED: City of Fort Worth Alan Plummer Associates, Inc. Attn: S. Frank Crumb, P.E. Water Department 1320 S. University Drive, #300 1000 Throckmorton Street Fort Worth TX 76107 Fort Worth TX 7 6102 6311 DESCRIPTION OF OPERATIONS CONTINUED: by contract. The general liability is on a primary basis and non-contributory basis. RE: Reclaimed Water Extension along American Boulevard - APAI Project 0318-046-01 MC(1 012003) Page 2 of 2 JE�R DATE(MMIDDIYYYY)CERTIFICATE OF LIABILITY INSURANCE OP ID LMC 07/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: the certificate holder s an ,the po c es must a endorsed. ,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: PHONE FAX ACE C/MARSH (A/C,No,Ext (A/C.No): 701 Market St. , Ste. 1100 ADDRESS: St. Louis MO 63101 PR MUCER CUSTOMER ID#: PLUM—02 Phone:800-338-1391 Fax:888-621-3173 INSURERS)AFFORDING COVERAGE NAIC INSURED INSURER A: Twin City Fire Insurance Alan Plummer Assoc. , Inc. Att: Ms. Anne Lemmons INSURER B: 1320 S. Univer s i t Ste- 300 INSURER C: Fort Worth TX 7611 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE � OCCUR MED EXP(Any one person) $ PERSONAL S ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL AWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ F $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION W$ FI 11/01/10 11/41/11 X I WC STATU- - AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVEE] E.L.EACH ACCIDENT $ 1■ OFFICERWEMBER EXCLUDED? + I 1 A 0 0■0 0 (Mandatory In NH) !- E.L.DISEASE-EA EMPLOYEE $ 1■0 0 0■0 0 0 if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1■0 0 0■0 0 0 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,AdditionoI Remarks Schedule,If more space Is requlmd) RE: Reclaimed Water Extension along,American Boulevard APAI Project No. 0318-046-01- Waiver of Subr9gati9n is included. 30 Days notice of cancellation will be given to the certificate holder per (olicy endorsement. WOSWU Endt) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYOF THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Attn: Mr. S. Frank Crumb AUTHORIZED REPRESENTATIVE Water Department 1000 Throckmorton Fort Worth TX 76102 JA_AJ,2 a A& C CO rights reserved. ACORD 15(2009!09) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 84WBGFI9231 Endorsement Number: 001 Effective Date: 11/01/10 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Alan Plummer Assoc.,Inc. 1320 South University Drive Fort Worth,TX 76107 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement form us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. SCHEDULE Person or Organization Job Description City of Fort Worth, and its agents, officers, Reclaimed Water Extension along directors, and employees American Boulevard APAI Project No. 0318-046-01 Countersigned by � /snarl Authorized Representative Form WC 04 03 06R (1)Printed in U.S.A. DoE PROJECT.BID NUMBS FORT WORTH (Please check one) MinorityMomen Business Enterprise office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTOR/SUBCONSULTANT [NOTE: Pursuant to the city of Fort Worth M/WBE ordinance,DBE firms participating In the program must have went certification status with the City of Fort Worth prior to award of a contract where they are counted towards DBE subcontracting participation.If the city of Fort Worth determines that a firm Is not currently DBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency(NCTRCA),674 Six Flags Drive,Suite 100,Arlington,TX 76011.1 1. Name of Contract Reclaimed Water Extension Along American Boulevard 2. Value of original Contract$ 1130235,00 3. Name of offeror/Prime Contractor or Consultant Alan Plummer & Associates, Inc 4. The undersigned DBE firm Is prepared to perform the following described work and/or supply the material listed In connection with the above project(where applicable specify supply"or instair or both): at the price of$ 13.9 450#00 Spooner and Associates, Inc. .r E (Name of DBE Firm) (Date) Eric Spooner Circle one(ownedAuthorired Agent of DBE firm)Type or Print Name (Signature or owner or ad Agent of DBE tlrm) 817 281--2355 6.8-5-8508 (Phone Number) (Fax Number) AFFIDAW OF OFFERO PRIME CON RAC OR OR CONSULTAN I HEREBY DECLARE AND AFFIRM that I, William Racklty am the duly authorized representative of Circle one(owner/Authorized Agent) Alan Plummer & Associates, Inc. ^ - and that I have personally reviewed the material and Name of offeroOrime facts set forth In this Letter of Intent to Perform. To the best of my knowledge, Information and belief,the facts In this form are true, and no material facts have been omitted. Pursuant to the Clty of Fort Worth M/WBE ordinance,any person [entity]who makes a false or fraudulent statement In connection with participation of a D/M/WBE In any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth NIMBE Ordinance. i do solemnly swear or affirm that the signatures contained herein and the Information provided by the Offeror/Prime are true and correct,and that I an authorized on behalf of the OfferwAllrime to make the affidavit. William Rackley Alan Plummer & Associates, Inc. Ckcle one Autho& g or Me (Name of ero ype or t 10 0 r d {Signature of owner or uthorize ent) (Date) or (817) 806-1700 (817) 870-2536 Mhe"*AWW) (Fax Number) 41/14/09 DOE PROJECT BID NUBER FORT WORTH Mino*/Wornen Business Enterprse ice LErMR OF IWENIr TO PENFORA AS A DBE CEgnF[ED SUBCONMUOWSUBCONSULTAPff P07E PU B:ID V*CXy of Fat ft-t IA EE Or*nan:,e,DPE fm-s Wv.mng r t'�e program mttK hm currew ceWtexn sma w h Ve Cq cd Fcol Walh Oct b m of z arTac wrowe tey are win"red IoAar&DEE utcwtadng _ ff the Cly of Furl Wort tW,a f9m is ra affmnty D3E wt fed fx Gi�f vf Fmt%fin contracts VkV firm shm #hireffieWy stbrit a ownpWied cextScabcn to 1*Mort Ca Tem Ra;*rW CWaAlon AWcy CTRCA) 624 SN Fiats Deve,&ib 100, .TX 76MI-I 1. #Lvr)a c1 Cmtacl Reclaimed Water Extension Along Anerican Boulevard I VaNje of Oriprzl Ccntra!:*,S 113.L235. 3. Alan Plummer S Associates, Inc. 4, _ DSE fm�r t-'s Vic-e- 1.pglrzym he to'rqp-�-g gibed work ands suM"y fie mammall k9W in wn noasar ►ate + mf,-d��e aD 'e spec4y k-.quW1y'v 'r star a ad Lhe pice.d S 2.1100.00 GH Enterprises Pm"efOw Glenn Morales C ..— It e AVW4 e LW Ms)Tit FVW aFowm er► i il$via d DBE fw) ($d 7) 572-4827 (817) 439-6491 #%=or Warren) Xwdwl AFFIDAIVT OF OFFEROMPRWE CONTRACTOR OR CONLUXTANT �Y DECLAPE Pvry XFF�;.V t�iv I William Rackl" an re dif Of Alan Plier & Assoclates, Tns. and 1391 have.persa�-- mimN M, and Nam of bct-me tr1l.,in 11his LeNL-w d %trm TotSe -reek"ow�eeWa aw��ar-,d b6c,;,f-'s famen Nis b�mareww-,andm ne N-T4 fad h PwsaW b Ne,CX)ct Foy Violb MINK 0r ran,:e,any pei�1pityj mho n ,es a Wse cr€-a�#eni StA&V V. t in cxnnecbm wit cr of a�WNBE m an I City of Fort V�frn���r� fm 1 �I* of Fal Awth]d►NUSE Otnaroce deo sue. - ��S ' `�x rr ' -L ►. 5 ��?ir' r r arvd n-s hf-xm-at-or qvi:5d ty 3e are Um and vase_# a-,d tat i ar wh:ived cr behO,cf tea Clero.�,P-to rv*e fw,-&&pej William Rackley Milan Pluaner 6 Associates, Inc. ckkoft Nam )Twe et pr* 7 �r of or Agapo - _- _---- (DW) (81 7) 806-1700 (817) 870-2536 IF=Nwoby! �I1 1d 09 DOE PROJECT�.,BID NUMBER FORTWO RT 1i (Please check one) MinorftyMomen Business Enterprlse Office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTORISUBCONSULTANT NOTE: Pursuant to the C 4f Fort Worth MUSE Ordinance,DBE firms participating in the � ! � �Y program must have current c�ertilica�on status with the City of Fort Worth prior to award of a contract where they are counted towards DBE subcontracting partIdpation.If the City of Fart worth determines s that a firm Is not currently DBE cefiled for Cry of Fort Worth contracts that firm should Immediately submit a completed certification application to � the North Central Taxes Regional Certification Agency(NCTRDA),624 Six Flags Nve,Suite 100,Arlington,TX 76011,1 � 'I. Name of Contract Reclaimed Water Extension Along American Boulevard ` 2. Value of CrVnal Contract$ 113,235,0D 3. Nmm of ofreror/'r1e Contractor or Consultant Alain Plummer Associates, Inc. i�■��i.■rr■rr■u d. The undersigned DBE firm Is prepared to perform the following described work andlor supply the material hated in connect1on with the above pr ct(where sWc able specify"supply'or Instair or both): at the price of$ �I 1 (Napes of OBE Fbm) '(DWI Gloria Evans Clcle am(ownerlAuthorlmd Agent of DBE iron)Type of Print Name (Stgnat ra of owner of Authorbmd Agent of DBE firm) 214-532-5215 214-956-7510 (Mang 1421ft w (Fax Number} rrr� r.■r■■wrr^r■rr■ FIDAVM OF 0FFER0 I[III I HEREBY DECLARE AND AFFIRM that I, Williga Bggl,I.eX...._._,�...�..,...r~r_r..�..._.�am the duly authorized representative of Cbde one(owner/Authorlxed Agsnt) Alan Plummer Associates Tnc. and that I have personally revlemki the materiel and p Nerve of offeradNme Ws set forth In this'LeW of Intent to Perform, To the Mast of my hwWp,Information and fie#,the facts in#his form are true,and no � material facts have been anitted. i Pursuant to the City of Fart Worth MNVBE Ordinance,any person ientIM who makes a false or fraudulent statement In connection with pw#dptlon of a D/MMBE In any City of Fat Worth contract may be referred for debarment procedures under the City of Fort ' Worth WWBE ordinance. I don solemnly swear or affirm that the signatures contained herein and the Information provided by the Offeror/Prime are hva and correct,and that I an authorized on behalf of the Offeror/Prlme to make the affidavit f William Rackle circle e ent) yps or tt Nante ems Off dprims)Type of PrInt r �Stpn of omk or Av&rfreid Age e) 817-806-1700 817--870--2536 Thom Numho (Fax Nundw) 0 1/14/09 DoE.PROJECT - BID NUMBER FORT WORTH (Please check one) MinorityMomen Business Enterprise Office LETTER OF INTENT TO PERFORM AS A DBE CERTIFIED SUBCONTRACTORISUBCONSULTANT [NOTE: Pursuant to the City of Fort Worth M/WBE ordinance,DBE firms participating In the program must have curren certification status with the City of Fort Worth prior to award of a contract where they are counted towards DBE subcontracting participation.if the City of Fort North determines that,a firm Is not currently DBE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application to the North Central Texas Regional Certification Agency(NCTRCA),624 Six Flags Drive,Suite 100,Arlington,TX 76411.1 1. Name of Contract Reclaimed Water Extension Along American Boulevard 2. Value of Original Contract$ 113,235.00 3. Name of Offeror/Prlme Contractor or Consultant Alan Plummer & Associates, Inc. 4. The undersigned DBE firm is prepared to perform the following described work and/or supply the material listed In connection with the above project(where applicable speclfy'supply'or 'install'or both): Subsurface Utility Engineering (SUE) at the p rice of$ 2.t673#00 Lina T. Ramey & Associates Inc —7, (Name of DBE Firm) (Date) Lina Ramey �---- 1 Circle one(ownedAuthorized Agent of DBE firm)Type or Pant Name (S gnature of owner or Authorized Agent of DB ) __.(214 979--1144 214 979--2480 (Phone Number) (Fax Number) FFID VIT of OFFERORI R1 E CONTRACTOR OR CONSULTANT I HEREBY DECLARE AND AFFIRM that 1, William Rackley am the duly authorized representative of Circle one(owner/Authorized Agent) Alan Plummer & Associates, Inc. and that I have personally reviewed the material and Name of offeror/Prime facts set forth In this Letter of Intent to Perform. To the best of my knowledge, informailon and belief,the facts In this form are true,and no material facts have been omitted. Pursuant to the City of Fort Worth M/INBE Ordinance,any person[entity]who makes a false or fraudulent statement In connection with participation of a D1N MBE In any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth MIME Ordinance. I do solemnly swear or affirm that the signatures contained herein and the Information provided by the Offeror/Prime are true and correct,and that 1 an authorized on behalf of the Offeror/Pdme to make the affidavit. William Rackley Alan Plummer & Associates, Inc. CIrcle One ad Authorized gen Type o tt Name Name of ero r me Type or flnt 7 error o or or Authorized nt) (Ds (817) 806r-1700 (817) 870r-2536 Mwas Humber) (Fax Number) 01/I4/09 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORT�� COUNCIL ACTION: Approved on 9/13/2011 DATE: 9/13/2011 REFERENCE **C-25151 60RECLAIM EXTENSION NO.: C 25151 LOG NAIVIE: AMERICAN BLVD CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of$113,225.00 with Alan Plummer Associates, Inc., for the Design of the Reclaimed Water Line Extension Along American Boulevard (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City council authorize the executlon of an Engineering Agreement with Alan Plummer Associates, Inc., for the design of the Reclaimed Water Line Extension along American Boulevard for a total fee of$1 13,225.00. DISCUSSION: On February 2, 2010, the City of Fort Worth and the City of Euless entered into an Agreement for Reclaimed Water Service (City Secretary Contract No. 39743) providing for the treatment and sale of Reclaimed Water to Euless which provided one point of delivery. The Village Creek Eastern Reclaimed Water Distribution System from the Village Creek Water Reclamation Facility to the DFW Airport started providing reclaimed water to Euless in July 2011. The City of Euless has requested from Fort Worth an additional reclaimed water point of delive ry at the north side of State Highway 183 on Bear Creek Parkway (Euless City Limit Line), which requires a reclaimed water main extension of the new Fort Worth reclaimed water system. An Amendment to the Wholesale Reclaimed Water Contract with Euless is being processed, in which Euless will pay back the cost of the reclaimed water line extension to the System and Fort Worth will design and construct the reclaimed water line extension. The Engineer will prepare construction plans and specifications for the reclaimed water line extension along American Boulevard from Federal Aviation Administration (FAA) Boulevard to the north side of State Highway 183 on Bear Creek Parkway at the Euless city Limit Line including assistance in preparation and acquisition for any required easements. The Engineer proposes to perform the design work for a fee of$113,255.00. Alan Plummer Associates, Inc., is in compliance with the City's MIWBE ordinance by committin g to 18 percent MIWBE participation. The City's goal on this project is 16 percent. The total authorized amount includes $5,000.00 for staff review and support. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc review.asp?1D=15663&councildate=911312011 a n1�41�n 1 1 M&C Review Page 2 of 2 P258 531200 705290178930 $113,235.00 P258 511010 705290178930 $3,500.00 Submitted for City Manager's Office y` Fernando Costa (6122) Originating_Department Head: S. Frank Crumb (8207) Additional Information Contact: David Townsend (8430) ATTACHMENTS 60RECLAIM EXTENSION AMERICAN BLVD MAP. df http://apps.cfwnet.org/council packetlmc review.asp?ID=15663&counciIdate=9111I9n 11