HomeMy WebLinkAboutContract 54002 CSC No. 54002
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality ("CITY"), and Dal-Tech Engineering, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Rehabilitation,
Contract 99 Project.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article II
Compensation and Term of Agreement
A. The ENGINEER's compensation shall be in the amount up to $311,507.00 as
set forth in Attachment B.
B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement
shall be for a term beginning upon the effective date, as described below, and
shall continue until the expiration of the funds or completion of the subject
matter contemplated herein, whichever occurs first.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including ,but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
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(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or
similar circumstances and professional license, and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
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work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
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indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
this AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
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the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity goals (Chapter 20,
Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-
2011, as amended), the City has goals for the participation of minority
business enterprises and/or small business enterprises in City contracts.
Engineer acknowledges the MBE and SBE goals established for this
contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
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directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an additional insured with all rights
of defense under the CGL, using ISO additional insured
endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply
as primary insurance with respect to any other insurance or self-
insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions or
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertising injury, which are normally contained within the policy,
unless the CITY specifically approves such exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
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liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be attached to this AGREEMENT prior to its
execution.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, subject to any defense provided by the policy, as its
interests may appear. The term CITY shall include its employees,
officers, officials, agents, and volunteers as respects the contracted
services.
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c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to attach the required insurance
documentation hereto shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth, 200
Texas, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
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final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
The doctrine of respondent superior shall not apply.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
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changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
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an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate, and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
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of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY may secure Builders Risk/Installation insurance at the
replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or
resulting from an act of negligence, intentional tort, intellectual
property infringement, or failure to pay a subcontractor or supplier.
CITY is entitled to recover its reasonable attorney's fees in proportion
to the ENGINEER's liability.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
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Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will
be performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND
HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the
right to immediately terminate this Agreement for violations of this
provision by ENGINEER.
L. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER acknowledges that in accordance with Chapter 2270 of the
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Texas Government Code, CITY is prohibited from entering into a contract
with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing
this contract, ENGINEER certifies that ENGINEER'S signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the
contract.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument. The following attachments and schedules are hereby made a part of
this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:11.17.17
Page 16 of 17
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Sli��L� Dal-Tech Engineering, Inc.
7��s2
Dana aurghdoff(Jun 11,20 8:10 CD
4
Dana Burghdoff I
Assistant City Manager Sedi Toumani, P.E.
Jun 11,2020 President
Date:
Date:
APPROVAL RECOMMENDED:
c1ld b"L ffarGer
Br— .r .rd.r(Jun 11,2020/240 CDT)
Y Chis Harder, P. E., Director
Water Department
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Pratima Foudyal, P.E.
Project Manager
APPROVED AS TO FORM AND LEGALITY
Lyisl.er.fa
BOBlack(Jun 11,2020 17:08 CDT)
y,
Doug Black
Senior Assistant C A irpee� .:
. .
ATTEST: �:' '` ,�� Form 1295 No. 2020-611135
M&C No.: 20-0378
Mary J. Kayser
City Secretary k M&C Date: June 2, 2020
City of Fort Worth,Texas
Standard Agreement for agineering Related Design Services
Revised Dale:11.17.17
Page 17 of 17
OFFICIAL KECUW'
CITY SECetETARY
FT. WORTH, �
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 99
CITY PROJECT NO.: 02720
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.
Water Sewer
Main/ C Size Length Size Length
LAT Location From To D In. Ft. In.) (Ft.)
Easement btw 315t 180 ft.West of 180 ft. East of
Street&32"d Street Houston Street Houston Street
M-140 Alley between 325 ft. 2 10 734
Houston Street& Northwest of 32nd Street
Clinton Avenue 315t Street
M-141 28th Street 190 ft.West of 178 ft. East of 2 8 365
N Main Street Houston Street
Alley between Ellis 370 ft. South of 130 ft. North of
L01961 Avenue& Long Avenue 34th Street 2 8 1178
Mains Street
Alley between 280 ft. North of
L01962 Clinton Avenue & Long Avenue th 2 8 925
Houston Street 34 Street
Alley between Ellis 130 ft. 270 ft. North of
L01965 Avenue & Main Southeast of 32,d Street 2 8 430
Street 32"d Street
Alley between Clinton
L01966 Avenue & Ross Long Avenue 35th Street 2 8 1187
Avenue
Alley between Ross
L01968 Avenue &Clinton 29th Street 30th Street 2 8 663
Avenue
Alley between 425 ft.
L01973 Clinton Avenue & 281h Street Northwest of 2 8 424
Houston Street 28th Street
Alley between
L01973 Clinton Avenue & 30th Street 31 st Street 2 8 575
Houston Street
L01975 Prospect Ave. 29th Street 32nd Street 2 8 1885
Alley between 240 ft. North of
L02215 Houston Street&Ellis Long Avenue 341h Street 2 8 902
Avenue
Alley between Main
L02358 Street&Commerce Long Avenue 34th Street 2 8 607
Street
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 1 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
152 ft.
L02608 Angle Ave. Southeast of 30'h Street 2 10 1520
Loraine Street
Alley between 100 ft. East of
L02610 Loraine Street&291h Angle Avenue Gould Avenue 2 8 142
Street
Alley between 325 ft.
L02739 Houston Street & of 3 1 Northwest Northwest of 2 8 253
Clinton Avenue of 5'Street 31It Street
An le Ave. 301h Street Loraine Street 2 8 1250
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Plan Submittal Checklists
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change,
■ communicate effectively,
■ coordinate internally and externally as needed, and
■ proactively address issues with the CITY's Project Manager and others as
necessary to make progress on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Conduct review meetings with the CITY at the end of each design phase
• Prepare invoices and submit monthly in the format requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 2 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• Prepare and submit monthly progress reports in the format provided by the Water
Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at
the end of the project
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• 12 MWBE reports will be prepared
• 4 meetings with city staff
• 12 monthly water department progress reports will be prepared
• 12 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly MWWBE Report Form and Final Summary Payment Report Form
G. Plan Submittal Checklists (See Task 9)
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 3 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
■ Study the project,
■ Identify and develop alternatives that enhance the system,
■ Present (through the defined deliverables) these alternatives to the CITY
■ Recommend the alternatives that successfully addresses the design problem, and
■ Obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research proposed
improvements in conjunction with any other planned future improvements that
may influence the project.
• The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies (TxDOT
and railroads), City Master Plans, and property ownership as available from the
Tax Assessor's office.
• The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
• The ENGINEER shall visit the project site and obtain the meter numbers and sizes
on all existing meters to be replaced on the project and shall identify existing
sample stations and fire line locations.
2.2. Geotechnical Investigations
• ENGINEER shall advise the CITY of test borings and other subsurface
investigations that may be needed for the project. If the CITY determines that
such borings or investigations are needed, then the ENGINEER shall work with
the CITY and CITY's geotechnical consultant to draw up specifications for such
testing program. The cost of such testing will be paid for by the CITY.
2.3. Fire Line Reconnection
2.4. The Conceptual Design Package shall include the following:
• Cover Sheet
• Graphic exhibits and written summary of alternative design concepts considered,
strengths and weaknesses of each, and the rationale for selecting the
recommended design concept.
• Proposed phasing of any water and sanitary sewer work that is included in this
project documented in both the project schedule and narrative form.
• Documentation of key design decisions.
• Estimates of probable construction cost.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 4 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
ASSUMPTIONS
• 0 Geotechnical borings are expected for this project.
• 3 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 11"X17" size fold outs bound in the report
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM 360
• ENGINEER shall prepare the meeting minutes of the Concept Review meeting
and revise the report, if needed.
• ENGINEER shall not proceed with Preliminary Design activities without obtaining
written approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Cover Sheet
• A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally, on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument#8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s) with property owner information.
• Overall protect water and/or sanitary sewer layout sheets. The water layout sheet
shall identify the proposed water main improvement/ existing water mains in the
vicinity and all water appurtenances along with pressure plane boundaries, water
tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
• Overall water and/or sanitary sewer abandonment sheet.
City of Fort Worth,Texas
Attachment A
PIVO Release Date:08.1.2014
Page 5 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc.,
in the same coordinate system as the Control Points.
• Benchmarks per 1,000 ft of plan/profile sheet—two or more.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
• Plan and profile sheets which show the following: proposed water and/or 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
Addition Names) along with property ownership shall be provided on the plan
view.
• The ENGINEER 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 a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER 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 the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or (3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de-
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Provide map showing location of new manhole construction at the end of existing
sewer segments, 90-degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the Contractor's responsibility to
coordinate utility location, etc. manhole construction.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 6 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already included in
the D-section of the CITY's specifications. These may include connection details
between various parts of the project, tunneling details, boring and jacking details,
waterline relocations, details unique to the construction of the project, trenchless
details, and special service lateral reconnections.
3.2. Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project. ENGINEER
will design CITY facilities to avoid or minimize conflicts with existing utilities, and
where known and possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in BIM 360 for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
ASSUMPTIONS
• 1 public meeting(s) will be conducted or attended during the preliminary
design phase.
• 0 borings at an average bore depth of feet each will be provided.
• Traffic Control "Typical" will be utilized to the extent possible. It is assumed an
additional 0 project specific traffic control sheets will be developed for
• 2 sets of 22"X34" size plans will be delivered for the Constructability
Review.
• 6 sets of 22"X34" size plans will be delivered for the Preliminary Design
(60% design).
• 2 sets of specifications will be delivered for the Preliminary Design (60%
design).
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM 360 .
• The CITY's front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
• 0 sets of size drawings will be delivered for Utility Clearance.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 7 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Utility Clearance drawings
G. TFaffin GGRtrell Pram
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, ENGINEER will prepare construction plans as
foI lows:
• For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM
Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
• Draft Final plans (90%) and specifications shall be submitted to CITY per the approved
Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Construction Documents (100%) to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in
State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
• 4 sets of 11"XI 7" size drawings and 2 sets of 22"X34" size drawings
and 3 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 BIM 360.
• 2 sets of 11"X17" 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 BIM 360.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 8 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• [Engineer 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.)]
• Estimated Final Sheet List (-52 Sheets)
1. Cover Sheet
2. General Notes and Legend (-3 Sheets)
3. Overall Water and Sewer Layout (-2 Sheets)
4. Survey Control (-3 Sheets)
5. Water and Sewer Plan and Profile (-35 Sheets)
6. Water Details (-3 Sheets)
7. Sewer Details (-3 Sheets)
8. Traffic Control Standard Sheet
9. Erosion Control Sheet
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. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto BIM 360 for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
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 BIM 360 in two formats, .pdf and AM files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 9 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• The ENGINEER shall sell contract documents and maintain a plan holders list on
BIM 360 from documents sold and from Contractor's uploaded Plan Holder
Registrations in BIM 360 .
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders' questions and requests
and the response thereto. The log shall be housed and maintained in the
project's BIM 360 folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidder's questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto BIM 360 and
mail addenda to all plan holders.
• Attend the Prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results folder on BIM 360 .
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall be created from the original
CAD drawing files and shall contain all associated sheets of the particular plan
set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
Il. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 10 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in
BIM 360 .
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name — "W-1956_SHT01.dwg", "W-
1956—SHT02.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—SHT01.dwg", "X-12755_SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Water Department 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 Water Department
database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• 5 sets of construction documents will be sold to and made available on BIM
360 for plan holders and/or given to plan viewing rooms.
• 3 sets of 22"X34" size and 6 sets of 11"X17" size drawings
plans and 8 specifications (conformed, if applicable) will be delivered to the
CITY.
• PDF, DWF and DWG files will be uploaded to BIM 360 .
DELIVERABLES
A. Addenda (3)
B. Bid tabulations
C. CFW Data Spreadsheet
City of Fort Worth,Texas
Attachment A
PIVO Release Date:08.1.2014
Page 11 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
D. Recommendation of award
E. Construction documents (conformed, if applicable)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
The ENGINEER shall attend the "Final" project walk through and assist with preparation of
final punch list
6.2 Record Drawings
• The ENGINEER shall prepare Record Drawings from information provided by
the CITY depicting any changes made to the Final Drawings during construction.
The following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by
others and represent the as constructed conditions to the extent that
documented changes were provided for recording. The ENGINEER
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 12 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
assumes no liability for undocumented changes and certifies only that the
documented changes are accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
keep copies of the information provided by the CITY for their files, but all original
red-lined drawings shall be returned to the CITY with the mylars.
2) 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. Singular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956_rec47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_rec" designating the file is of
a record drawing plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_rec3.pdf and K-0320_org5.pdf
II. 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_rec18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawings folder
in BIM 360 .
ASSUMPTIONS
• 4 RFI's are assumed.
• 3 Change Orders are assumed
• One copy of full size (22"x34") mylars will be delivered to the CITY.
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 13 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
E. Final Punch List items
F. Record Drawings on Mylar
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• The ENGINEER 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.
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM
for real property acquisition
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's BIM 360 site.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry
documents for landowners to CITY PM for real property acquisition. It is assumed that letters
will only be required for landowners adjacent to temporary construction easements or who
are directly affected by the project and no easement is required to enter their property.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's BIM 360 site.
ASSUMPTIONS
• Easements or right-of-way documents may be necessary.
• Temporary right-of-entry documents may 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 14 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
DELIVERABLES
A. Easement exhibits and meets, and bounds provided on CITY forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by ENGINEER in design and preparation of plans for the project.
Information gathered during the survey shall include topographic data, elevations of all
sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities,
structures, trees (measure caliper, identify overall canopy, and have qualified arborist
identify species of trees), and other features relevant to the final plan sheets. Existing
drainage at intersections will be verified by field surveys. Spot elevations will be shown on
intersection layouts with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the following:
A Project Control Sheet, showing ALL Control Points, used or set while gathering data.
Generally, on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base.
Z coordinate on CITY Datum only.
C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North
Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main
Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate
system, as the Control.
— No less than two horizontal benchmarks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 15 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of
Entry for landowners to CITY PM.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's BIM 360 site.
ASSUMPTIONS
• Topographic survey at intersection 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.
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Traffic Traffic Traffic
Streetlig Water Control Control Control
Attachment"A" Signal Engineering
Traffic Storm Storm hts /Sewer Traffic 30% 60% 90%
Water Water (Submit (Submit
Type (Submit All 30% 60% All @ All @ (Submit All
@ 30%) 30% 60%) @ 60%) Required for all work in City
ROW
Street X X X X X" X X X X
Storm Water X X X X X
Water/Sewer X X X X
*If included in street project
ASSUMPTIONS
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:
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 16 of 17
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION,CONTRACT 99
CITY PROJECT NO.:02720
• Negotiation of easements or property acquisition including temporary right-of-entries.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Periodic site visits during construction phase
• Design phase public meetings
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services related to submitting for permits (ie.TxDOT, railroad, etc....)
• Services related to Subsurface Utility Engineering Levels A, B, C or D
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements, right-
of-way, and/or temporary right-of-entries.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY.
• Construction Shop drawing review, samples and other submittals submitted by the
contractor.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
TASK 10. ADDITIONAL SERVICES
Engineer shall provide additional professional services as needed, for a scope and fee to be
determined on as needed basis.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 17 of 17
ATTACHMENT B
COMPENSATION
Design Services for Sanitary Sewer Rehabilitation,
Contract 99
City Project No. 02720
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $311,507.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount Water Dept.Fees TPW Dept. Fees %
Prime Consultant
DAL-TECH Engineering, Inc. Isurvey and Pipeline Design I $ 280,357.001 $ 280,357.00 $ 90%
Proposed MBE/SBE Sub-Consultants
StreamWater Group Pipeline Design $ 31,150.00 $ 31,150.00 $ - 10%
$ - $ - $ 0%
$ $ $ 0%
$ - $ $ 0%
$ $ - $ 0%
TOTAL $ 31,150.001 $ 31,150.00 $ 10%
Non-MBE/SBE Consultants
$ - $ - $ 0%
$ $ $ 0%
$ $ $ 0%
$ $ $ 0%
$ - $ - $ 0%
TOTAL $ $ $ 0%
GRAND TOTAL $ 311,507.001 $ 311,507.00 $ -1 100%
Project Number&Name Total Fee MBE/SBE Fee MBE/SBE%
SANITARY SEWER REHABILITATION
CONTRACT 99
CPN No.02720 $ 311,507.00 $ 31,150.00 10%
City MBEISBE Goal= 10% Consultant Comitted Goal= 10%
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 3 of 3
B-3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Sanitary Sewer Rehabilitation, Contract 99
City Project No. 02720
None
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of I
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, June 2, 2020 REFERENCE NO.: **M&C 20-0378
LOG NAME: 60SSC99-DALTECH
SUBJECT:
Authorize the Execution of an Engineering Agreement with Dal-Tech Engineering, Inc. in the Amount of
$311,507.00, for the Sanitary Sewer Rehabilitation Contract 99 Project, and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Engineering Agreement with Dal-Tech Engineering, Inc., in the
amount of$311,507.00, for the Sanitary Sewer Rehabilitation Contract 99 project (City Project No.
CO2720); and
2. Adopt the attached Appropriation Ordinance increasing receipts and appropriations in the Water &
Sewer Capital Projects (W&S Capital Projects) Fund in the amount of$485,360.00, transferred from
available funds within the Water& Sewer Fund.
DISCUSSION:
This Mayor and Council Communication is to authorize the preparation of plans and specifications for
sanitary sewer and water main replacements as indicated on the following streets, alleys and easements
located in the Diamond Hill Jarvis, Far Greater Northside Historical, North Side and Inter-District 2 Alliance
neighborhood areas:
Street IFFrom IScope
190 ft west of N 178 ft east of
28th Street Main Street Houston Street Sewer
Prospect Avenue 29th Street 1132nd Street Sewer
Alley between Houston 425 ft northwest
Street & Clinton Avenue 28th Street ��of 28th Street Sewer
Angle Avenue 30th Street Loraine Street Sewer
Angle Avenue 152 ft southeast 30th Street Sewer
of Loraine Street
Alley between Houston 30th Street 31 st Street Sewer
Street & Clinton Avenue
Alley between Clinton 29th Street 30th Street Sewer
Avenue & Ross Avenue
Alley between Loraine Angle Avenue 100 ft east of Sewer
Street and 29th Street Gould Avenue
Alley between Ross
Avenue and Clinton Long Avenue 35th Street Sewer
Avenue
Alley between Houston 280 ft north of
Street and Clinton Long Avenue 34th Street Sewer
Avenue
Alley between Ellis 240 ft north of
Avenue and Houston Long Avenue 34th Street Sewer
Street
Alley between Main 370 ft south of 130 ft north of Sewer
Street and Ellis Avenue Long Avenue 34th Street
Alley between
Commerce Street and Long Avenue 34th Street Sewer
Main Street
Alley between Houston 70 ft northwest of 32 ft northwest
Street and Clinton 31 st Street of 31 st Street Sewer
Avenue
Alley between Houston 325 ft northwest
Street and Clinton of 31 st Street 32nd Street Sewer
Avenue
Easement between 31 st ��l 80 ft west of 180 ft east of Sewer
Street and 32nd Street Houston Street Houston Street
In addition to the contract amount, $173,853.00 (Sewer: $158,269.00; Water: $15,584.00) is required for
project management, real property acquisition, utility coordination and material testing.
This project will have no impact on the Water Department's operating budget when completed. Design is
expected to start in July 2020 and be completed by July 2021. The project is part of the Water
Department's Sanitary Sewer Overflow Initiative Program.
Appropriations for the Sanitary Sewer Replacement Contract 99 project are as depicted below:
Fund Existing Additional Project
Appropriations Appropriations Total*
W& S Capital
Projects - Fund $0.00 $485,360.00 $485,360.00
56002
Project Total $0.00 IFs485,360.00 $485,360.00
*Numbers rounded for presentation.
M/WBE OFFICE: Dal-Tech Engineering, Inc., is in compliance with the City's BIDE Ordinance by
committing to 10 percent SBE participation on this project. The City's SBE goal on this project is 10
percent.
The project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget of the Water&
Sewer Fund, and upon approval of the above recommendations and adoption of attached appropriation
ordinance, funds will be available in the current capital budget, as appropriated, of the Water& Sewer
Capital Projects (W&S Capital Projects) Fund SaniSewer Rehab Contract 99 project. Prior to any
expenditure being incurred, the Water Department is responsible to validate the availability of funds.
FUND IDENTIFIERS (FIDS):
TO
(Fund Department ccoun Project Program ctivity Budget Reference # mountl
J__J ID ___ _ID _ _Year_(Chartfield 2)_
FROM
Fund Department ccoun Project Program ctivity Budget Reference # mounj
ID ID Year (Chartfield 2) J
CERTIFICATIONS:
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Pratima Poudyal (6149)
ATTACHMENTS
1. 60SSC99-DALTECH - Map 1 Rev..pdf (Public)
2. 60SSC99-DALTECH - Map 2.pdf (Public)
3. 60SSC99-DALTECH Compliance Memo.pdf (CFW Internal)
4. 60SSC99-DALTECH FID Table (NN 05.04.20).xlsx (CFW Internal)
5. 60SSC99-DALTECH Form 1295.pdf (CFW Internal)
6. 60SSC99-DALTECH 56002 A020(R2).docx (Public)
7. Dal Tech valid SAM search.PNG (CFW Internal)
8. SS Rehab 99 funding availability.PNG (CFW Internal)
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