HomeMy WebLinkAboutContract 39459CITY SECRETARY,
=ANT ,ACT NO. aqqS9
CITY OF FORT WORTH, TEXAS
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
Lockwood, Andrews & Newnam, Inc., (the "ENGINEER"), for a PROJECT generally
described as: East Downtown Storm Drain Structural Rehabilitation Project (City No. 01367)6
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
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
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)
(5)
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.
If r billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
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Worth,
the CITY fails to make payment in full to ENGINEER fo
7 days' written notice to IT suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar services
at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(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.
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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
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current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction 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.
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 and Woman Business Enterprise (M/VNBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minority business enterprises and woman business
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enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
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.
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i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto —the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability —the ENGINEER shall maintain professional liability,
a claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
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the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
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. Such terms shall be
endorsed onto ENGINEER's insurance policies. 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 afirst-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,
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to review the ENGINEER Is insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
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.
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.
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O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an 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 Is 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.
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D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents, obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at 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
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Y
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. l.itigati®n 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 I
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 only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
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
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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, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
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.
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J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., 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
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
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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
Ah
Attachment D - Project Schedule
Attachment E - Location Map
Executed this the day of , 20P t.
ATTEST:
Marty Hendrix
City Secretary
runt act AuthorizatiOu
l01
)ate
AS TO FORM
Assistant
ATTEST:
LEGALITY
City of Fort Worth, Texas
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By:
CITY OF FORT WORTH
Assistant City Manager
APPROVAL RECOMMENDED
Director,
Department
and Public Works
Loc�iwood Andrews & Newnam, Inc.
ENGINEER
9
Name:
Title: IIUFRASIRUG�U��
By: V �FF/�Ey S. ��ZdUnr'
ATTACHMENT
DESIGN SERVICES: SWU PROJECT -DRAINAGE IMPROVEMENTS
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITION
City Project No. 01367
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for paving and/or storm drain
improvements for the following:
Determine appropriate methods for rehabilitation or replacement of storm drain pipes or
tunnels in the eastern portion of the downtown area shown in Attachment F. Prepare construction
documents to facilitate the replacement/repair of the storm drains indicated. The conduits to be
replaced or repaired range from 24" to 60" in diameter including sections of 42" x48" stone arch.
Upon receipt of notice to proceed, the ENGINEER will perform the following tasks:
PART A —PRE-ENGINEERING
1. Initial Data Collection
a. Pre -Design Coordination Meetings
ENGINEER will attend and prepare/distribute meeting "minutes" documenting the
discussions/decisions from the meeting, as required, to discuss and coordinate
various aspects of the project and to ensure that the project stays on schedule.
Two (2) meetings are anticipated. These include the following:
One (1) pre -design kick-off meeting, (including ALL departments that are
impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
EA2-1
Rev 04/17/09
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including; utilities, City Master plans, CITY drainage
complaint files, existing applicable drainage studies and property ownership as
available from the Tax Assessor's office.
2. Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule (schedule shall be provided in
Primavera or Microsoft Project) after the design contract is fully executed. The
schedule shall be updated and submitted to the CITY along with monthly progress
reports as required under Attachment B of the contract.
PART B -CONSTRUCTION PLANS AND SPECIFICATIONS
1. Conceptual Engineering
i. Surveys for Design
a. 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:
1. A Project Control Sheet, showing ALL Control Points, used or set
while gathering data. Generally on a scale of not less than 1:400:
EA2-2
Rev 04/17/09
2. 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 %J 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),
3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in
the same coordinate system, as the Control.
4. No less than two horizontal bench marks, per line or location.
5. Bearings given on all proposed centerlines, or baselines.
6. Station equations relating utilities to paving, when appropriate.
7. Engineer shall pertorm Subsurface Utility Engineering (SUE),
including tasks for Level D, C and B as described below:
Level D
• Conduct appropriate investigations (e.g., owner records,
County/City records, personal interviews, visual
inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be
affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as
built" or record drawings, permit records, field notes,
geographic information system data, oral histories, etc.) on
the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional
EA2-3
Rev 04/17/09
available records; duplicate or conflicting information; need
for clarification.
• Transfer information on all involved utilities to appropriate
plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve
conflicting information. For information depicted, indicate:
utility type and ownership; date of depiction; quality level(s);
end points of any utility data; line status (e.g., active,
abandoned, out of service); line size and condition; number
of jointly buried cables; and encasement.
Level C
• Identify surface features, from project topographic data
and from field observations, that are surface
appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground -mounted
utility facilities in QL C tasks.
• Survey surface features of subsurface utility facilities or
systems, if such features have not already been surveyed
by a registered professional. If previously surveyed, check
survey data for accuracy and completeness.
• The survey shall also include (in addition to subsurface
utility features visible at the ground surface): determination
of invert elevations of any manholes and vaults; sketches
showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting
subsurface utilities, furnished by utility owners for design
purposes.
• Exercise professional judgment to correlate data from
different sources, and to resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or
other documents to reflect the integration of QL D and QL C
information.
• Recommend follow-up investigations (e.g., additional
surveys, consultation with utility owners, etc.) as may be
needed to further resolve discrepancies.
Level B
• Select and apply appropriate surface geophysical
method(s) to search for and detect subsurface utilities
EA2-4
Rev 04/17/09
within the project limits, and/or to trace a particular utility
line or system.
• Based on an interpretation of data, mark the indications of
utilities on the ground surface, for subsequent survey.
Utilize paint or other method acceptable for marking of lines.
• Unless otherwise directed, mark centerline of single -
conduit lines, and outside edges of multi -conduit systems.
• Unless otherwise approved, maintain horizontal accuracy
of +/- 1 in the marking of lines.
• As an alternative to the physical marking of lines, the
Consultant may, with City's approval, utilize other means
of data collection, storage, retrieval, and reduction, that
enables the correlation of surface geophysical data to the
project's survey control.
ii. Public Notification and PersonnelNehicle Identification
a. Residential notification is required for field surveys in the public right of
way on this project, mail -outs will be prepared for approval by CITY T/PW
staff. The mail out shall be on company letter head and shall include the
project name, study limits, City Project No., brief description of the
project, and consultant's project manager name and telephone number.
Right of Entry acquisition is required for field surveys or other work on
this project located on private property, mail -outs will be prepared for
approval by CITY T/PW staff. The mail out shall be on company letter
head and shall include the project name, study limits, City Project No.,
brief description of the project, and consultant's project manager name
and telephone number and a place for the property owner to sign giving
permission to access the property.
b. 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.
Drainage Computations
ENGINEER will review and document the storm water watershed drainage runoff
area and existing street, right-of-way and storm sewer capacities for the subject
site. A drainage area map will be drawn at 1" = 200' scale from available contour
EA2-5
Rev 04/17/09
maps. Calculations regarding street and right-of-way capacities and design
discharges (5-year and 100-year frequencies) at selected critical locations will be
provided. Capacities of existing storm drain will be calculated and shown. The
ENGINEER's responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with City standards. All
calculations and design shall conform to the City of Fort Worth Storm Water
Management Design Manual, March 2006.
iv. Alternative Analysis for Storm Drain Rehabilitation Methods
ENGINEER shall evaluate alternative storm drain rehabilitation methods (up to 3
alternatives for each storm drain) and provide drainage computations and cost
estimates for each alternative, with recommendations.
ENGINEER shall meet with the city to discuss recommendations in the report and
document the findings from the meeting.
v. Railroad Coordination
The ENGINEER shall coordinate with the railroad at the locations noted
below.
1. From Weatherford Street to near the intersection 1st &Crump Streets.
I Between Terry and Elm Street, in 4th Street.
vi. Right-of-way Research
The ENGINEER will conduct preliminary research for availability of existing
easements where open -cut construction or relocation of existing alignments is
probable. Required temporary and permanent easements will be identified based
on available information and recommendations will be made for approval by the
City.
vii. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 90 days after Notice to
Proceed Letter is issued.
FsA2-6
Rev 04/17/09
b. The ENGINEER shall furnish eight (8) copies of the concept engineering
plans (11"x17") which include layouts, drainage computations, preliminary
right-of-way needs and cost estimates for the ENGINEER's recommended
plan. An executed Project Certification and Decision Log shall be provided
with the submittal. The ENGINEER shall also evaluate the phasing of the
water, sanitary sewer, street and drainage work, and shall submit such
evaluation in writing to the City as a part of the concept phase of the
project.
2. Preliminary Engineering
Upon approval of the Concept plans, ENGINEER will prepare construction plans as
follows:
a. Drainage area maps with drainage calculations and hydraulic computations.
b. Preliminary project plans and profile sheets set up to be on 22" x 34" sheets and
'/2 size (11"x17").
c. Proposed roadway profile grades and elevations along each curb line; elevations at
all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right-of-way lines shall be shown. Existing found property
corners (e.g. Iron pins), along the existing right-of-way shall be shown on the
plans. Profiles for existing and proposed storm drain mains and leads shall be
provided.
d. Existing utilities and utility easements will be shown on the roadway plan and
profile sheets. ENGINEER will coordinate with utility companies and the City of
Fort Worth to ascertain what, if any, future improvements are planned that may
impact the project.
e. Preliminary roadway and/or channel cross -sections will be developed, from the
survey notes, at intervals not -to -exceed 50 foot along the project length and will
extend 10' past the right of way line on both sides of the street. Additional cross -
sections at important features including driveways, p.i.'s of intersecting streets,
(minimum distance of 100' along cross -street at each P.I.) walks, retaining walls,
EA2-7
Rev 04/17/09
etc., will also be provided. Profiles of centerline of driveways will also be provided
where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical.
f. Street and intersection layouts.
g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend.
Adequate horizontal and vertical control shall be provided on the plan sheets to
locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos.,
and Addition Names) along with property ownership shall be provided on the plan
view.
h. Geotechnical Investigation/Pavement Design
The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identifying existing groundwater elevation at each boring.
j. 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 documentation shall be provided in conformance with the checklists and
templates available on the Citys Buzzsaw site.
k. Preliminary Construction Plan Submittal
i. Preliminary construction plans and specifications shall be submitted to
CITY 105 days after approval of Part B, Paragraph VII.
ii. The ENGINEER shall deliver two (2) sets of full size (22"x34") and eight (8)
sets of '/z size (11"x17") preliminary construction plans, two (2) sets of
specifications, and an updated and executed Project Certification and
Decision Log to CITY for review. Generally, plan sheets shall be organized
as follows:
Cover Sheet
Rev 04/17/09
EA2-8
General Layout and Legend Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
Preliminary Cross Sections
Standard Construction Details
Special Details (If applicable)
iii. The ENGINEER shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. This estimate shall
use ONLY standard City bid items. If items need to be added as new
standard bid items, the ENGINEER shall provide the appropriate
information to the City for review and approval. Engineer shall assist City in
selecting the feasible and or economical solutions to be pursued.
I. Constructabilitv Review
ENGINEER shall schedule and attend a project site visit with the City project
manager and Construction personnel to walk the project. The ENGINEER shall
summarize the City's comments from the field visit and submit this information to
the City in writing.
m. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments for preliminary
submittal, including comments from the field visit. The ENGINEER will
prepare/distribute meeting "minutes" documenting the discussions/decisions from
the meeting and filed visit. The CITY shall direct the ENGINEER in writing to
proceed with Final Design for Final Review.
n. Utility Clearance Phase
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 that
have an impact or influence on the project. ENGINEER will design City facilities
to avoid or minimize conflicts with existing utilities.
The ENGINEER shall deliver a minimum of 13 sets (Full Size 22"x34") of approved
EA2-9
Rev 04/17/09
3.
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preliminary construction plans to the City's Utility Coordinator for forwarding to all
utility companies, which have facilities within the limits of the project.
Public Meeting
After the preliminary plans have been reviewed and approved by the City, the
ENGINEER shall prepare 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.
Storm Water Pollution Prevention Plan (SWPPP)
For projects that disturb an area greater than one (1) acre, ENGINEER
will prepare the Storm Water Pollution Prevention Plan (SWPPP)
required for the project for use by the Contractor during construction.
Engineer will prepare drawings and details for proposed SWPPP
improvement that the Contractor must use during construction.
ontractor will be
C
regulatory agencies.
Traffic Control Plan
responsible for filing the SWPPP with appropriate
The ENGINEER may utilize standard traffic reroute configurations posted as
"Typicals" on the City Buzzsaw website. The typicals need not be sealed
individually, if included in the sealed contract documents.
In the event that the "typicals"(as described above) cannot be utilized on the
project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan
for review and approval by the Traffic Division of the Transportation and Public
Works Department .
Final Engineering
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
i. Final construction plans and specifications shall be submitted to CITY 60 days
after approval of Preliminary plans.
EA2-10
Rav 04/17/09
The ENGINEER shall deliver two (2) sets of full size (22"x34") and eight (8) sets of
size (11"x17") preliminary construction plans, eight (8) sets of contract
documents, and an updated and executed Project Certification and Decision Log
to CITY for review.
ii. The ENGINEER shall submit a final design estimate of probable construction cost
with the final design plans submitted. This estimate shall use ONLY standard City
bid items.
iii. The ENGINEER shall meet with CITY to discuss review comments for final design
submittal. The ENGINEER shall prepare/distribute meeting "minutes" documenting
the discussions/decisions from the meeting. The CITY shall direct the ENGINEER
regarding acceptance of the final design plans.
Final Construction Plan Submittal
Final Construction Documents shall be submitted to CITY 15 days after approval of
the Final plans.
Following CITY approval of the recommended improvements, the
ENGINEER shall submit final construction plans and contract documents to
CITY (each plan sheet shall be stamped, dated, and signed by the
ENGINEER registered in State of Texas) and submit two (2) sets of plans
and construction contract documents
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plans submitted
bid items.
c. Mylar Submittals
The estimate shall use ONLY standard City
The ENGINEER shall submit a final set of mylar drawings for record
storage as follows:
EA2-11
Rev 04/17/09
1. Street and storm drain plans shall be submitted as one set
of plans. Street and storm drain plans shall be separate
from water and sanitary sewer plans. All sheets shall be
standard size (22" x 34") with all project numbers (TPW and
water/sanitary sewer) prominently displayed.
2. For projects where water/sanitary sewer improvements
occur on a TPW Department funded project with no Water
funding involved, a separate set of mylars with cover sheet
shall be submitted for Water Department.
3. Signed plans sets shall also be submitted as an Adobe
Acrobat PDF format (version 6.0 or higher) file. There
shall be one (1) PDF file for the TPW plan set and a
separate PDF file for the Water plan set. Each PDF file
shall contain all associated sheets of the particular plan set.
Singular PDF files for each sheet of a plan set will not
be accepted. PDF files shall conform to naming
conventions as follows:
1. TPW file name example — "W-1956_org47.pdf"
where "W-1956" is the assigned file number
obtained from the City of Fort Worth, "_org"
designating the file is of an original plan set, "47"
shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320 org5.pdf
11. Water and Sewer file name example — "X-
35667_org36.pdf" where "X-35667" is the
assigned file number obtained from the City of Fort
Worth, "_org" designating the file is of an original
plan set, "36" shall be the total number of sheets in
this file.
Example: X-12755_org18.pdf
EA2-12
Rev 04/17/09
Both PDF files shall be submitted on one (1) Compact Disk, which will
become property of and remain with the City of Fort Worth. Floppy disks,
zip disks, e-mail flash media will not be accepted.
4. For information on the proper manner to submit PDF files
and to obtain a file number for the project, contact the
Department of Transportation and Public works vault at
telephone number (817) 392.8426. File numbers will not be
issued to a project unless the appropriate project numbers
and fund codes have been assigned and are in the
Department of Transportation and Public Works database.
PART C -CONSTRUCTION ASSISTANCE
1. Bid Documents
The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access
to potential bidders. Hard copies of documents will not be made available to potential
bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf
files.
2. Bidding Assistance
The ENGINEER shall assist the CITY during this phase including preparation and delivery
oA any additional addenda prior to bid opening to plan holders and respond to questions
submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda onto
Buzzsaw. The ENGINEER shall attend the scheduled pre -bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The
ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and
electronic format and return four (4) copies of the bid tabulation, along with the contract
documents to the City within three (3) working days after bid openings.
3. Construction Documents
The ENGINEER will make available for construction, upon request by the CITY, up to
EA2-13
Rev 04/17/09
twenty (20) sets of the final approved and dated plans and specifications and contract
documents for the projects to the CITY for distribution to the contractor and City
personnel.
4. Assistance During Construction
The ENGINEER shall attend the pre -construction conference for the project.
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 also consult with and advise the CITY on design and/or construction
changes, if necessary. The ENGINEER shall make periodic site visits during construction
and provide documentation of the observations made, as requested by CITY. The
ENGINEER shall attend the "Final" project inspection and assist with preparation of final
punch list, as requested by CITY.
PART D —SERVICES NOT INCLUDED
1. Services Not Included in 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. Relocation of water, wastewater, or other utilities not specified in the
project understanding.
2. Preparation of plans, profile drawings or designs for rehabilitated storm
drain laterals & associated curb inlets.
3. Design of non-standard junction boxes for storm drains.
EA2-14
Rev 04/17/09
ATTACHMENT "B"
Compensation and Payment Schedule
Engineering Design Services Associated With
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITION
Project No. 01367
I. Compensation
A. The Engineer shall be compensated a total lump sum fee of $ 287,746.00
as summarized in Exhibit "B-3". Payment of the total lump sum fee shall
be considered full compensation for the services described in Attachment
"A" and Exhibit "A-1" for all labor, materials, supplies and equipment
necessary to complete the project.
B. The Engineer shall be paid monthly as described in Exhibit "B-1 ", Section
1 — Method of Payment.
C. Each invoice is to be verified as to its accuracy and compliance with the
terms of this contract by an officer of the Engineer.
II. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted
with 360 calendar days after the "Notice to Proceed" letter is issued.
A. Concept Engineering — 90 calendar days
B. Preliminary Engineering — 105 calendar days
C. Final Construction Documents — 60 calendar days
D. Final Plans and Contract Documents for Bid Advertisement — 30 calendar
days
Exhibit "1:5-1"
(Supplement to Attachment B)
Method of Payment
Engineering Design Services Associated With
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO. 1367
I. Method of Payment
Partial payment shall be made to the Engineer monthly upon City's approval of
an invoice from the Engineer outlining the estimated current percent complete of
the total project.
The aggregate of such monthly partial fee payments shall not exceed the
following:
Until satisfactory completion of Attachment A, Conceptual Engineering Plan
Submittal and approval by the City, a sum not to exceed 30 percent of the total
lump sum fee less surveying and construction phase services.
Until satisfactory completion of Attachment A, Preliminary Engineering Plan
Submittal and approval by the City, a sum not to exceed 60 percent of the total
lump sum fee, less previous payments, surveying and construction phase
services.
Until satisfactory completion of Attachment A, Final Construction Documents and
approval by the City, a sum not to exceed 90 percent of the total lump sum fee,
less previous payments, surveying and construction phase services.
Surveying services and construction phase services shall be paid after services
are rendered.
II. Progress Reports
A. The Engineer shall submit to the designated representative of the
Directory of the Department of Transportation and Public Works monthly
progress reports covering all phases of design by the last working day of
every month in the format required by the City.
B. If the Engineer determines in the course of making design drawings and
ion
specifications that the opinion of probable constructcost of $3,589,839
(as estimated in Exhibit "13-5") will be exceeded, whether by change in the
scope of the project, increased cost or other conditions, the Engineer shall
immediately report such fact to City's Director of the Department of
Transportation and Public Works and, if so instructed by the Director of
the Department of Transportation and Public Works shall suspend all work
hereunder.
Exhibit "B-2"
(Supplement to Attachment B)
Engineering Design Services Associated With
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
Project No. 01367
COSTS BASED ON HOURLY RATES
Compensation to LAN for approved hourly reimbursable services shall be computed on the
basis of:
Position
Principal
Sr. Project Manager
Sr. Engineer
Engineer
Technician
Administrative
Graphic Artist
Architect
Rate Range/Hour
$ 200.00 - $ 250.00
$ 180.00 - $ 225.00
$ 135.00 - $ 215.00
$ 105.00 - $ 150.00
$ 80.00 - $ 110.00
$ 75.00 - $ 100.00
$ 80. 00 - $ 110.00
$ 105. 00 - $ 150.00
Rates for In-house Services and Printing
Description
Bond
Vellum
Mylar
Bluelines/Blacklines
Offset and Xerox Copies
Offset and Xerox Copies
Binding (Reg. Cover)
Mileage
Other Direct Expenses
$ 5.00 per plot
$ 8.00 per plot
$ 15.00 per plot
$ 0.45 per square foot
$ 0.10 per single side copy
$ 0.20 per double side copy
$ 5.00 per book
Current IRS -Approved Rates
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include out
sourced printing and reproduction expense, communication expense, and other miscellaneous
expenses directly related to the work, including costs of work required to be done by
independent persons other than staff members.
� These rates are effective through December 31, 2009, and are subject to adjustment beginning
January 1, 2014, and each January 1 thereafter.
Consulting Firm
EXHIBIT "B-3"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF TOTAL PROJECT FEES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO. 01367
Prime Responsibility
Lockwood Andrews & Newnam, Inc.
M/WBE Sub -consultants
Drainage Engineering Design (Basic)
Water/Wastewater Engineering Design (Basic)
Alternative Rehab Methods Analysis
Topographic Survey for Design
Permanent Easement Surveying
Subsurface Utility Engineering (SUE) Type B
Railroad Crossing Permits
Fee
$169,932
$0
$291325
$211700
$35200
$291000
$19,752
Percent
74.0%
C$4,026
(10%) Fee on M/WBE Firms $7,470
Misc. Project Expense (mileage, photos, copies, courier, etc.) (LS; $200
Printing & Reproduction Subtotal $3,141
Total $287,746 100.0%
onstruction Assistance
ANA Consultants, LLC - Surveying/Engineering $43,700
Gorrondona & Associates - Subsurface Utility Engineering (SUE) $29,000
Reprographics, Inc. - Printing $2,000
Total $74,700 26.0%
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE
(LESS SURVEY FEE, SUE FEE AND CONSTRUCTION SERVICES)
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO.01367
A. SUMMARY OF TOTAL FEE
Service Descri tion
Sewer
Pavin raina a
Total
S ecial Services
$0
$63,088
$63,088
Engineerin Desi n
M
$0
$169,932
$169,932
Surveying Services
$0
$21,700
$215700
SUE
$0
$295000
$2%000
Construction Services
$0
$0
$4,026
$4,026
Total �EE$0
$0
$2877746
$2879746
and Final Design
a. Concept (30%) _ (Total Water Fee - Wat Sury & Const) x (0.3) _ $0
b. Preliminary (60%) = (Total Water Fee - Wat Sury & Const) x (0.6) _ $0
c. Final (10%) _ (Total Water Fee - Water Sury & Const) x (0.1) _ $0
$0
and Final Design
a. Concept (30%) _ (Total Sewer Fee -Sew Sury & Const) x (0.3) _ $0
b. Preliminary(60%) _ (Total Sewer Fee -Sew Sury & Const) x (0.6) _ $0
c. Final (10%) _ (Total Sewer Fee - Sew Sury & Const) x (0.1) _ $0
$0
3 Total Paving Fee (less Survey SUE and Construction Services) Breakdown by Cone
Preliminary and Final Design
a. Concept (30%) _ (Total Paving Fee -Pav Survey & Const) x (0.3)
b. Preliminary (60%) _ (Total Paving Fee -Pav Sury & Const) x (0.6) _ $139,812
c. Final (10%) —(Total Paving Fee - Pav Sury & Const) x (0.1) _ $23,302
$2339020
EXHIBIT "B-3B"
(SUPPLEMENT TO ATTACHMENT "B")
SUMMARY OF PROFESSIONAL SERVICES FEES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT N0.01367
Consulting Firm Prime Responsibility Fee
Conceptual Engineering $72,372
Preliminary Engineering $66,408
Final Engineering $31,152
Total $169,932
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EXHIBIT "B-3C"
(SUPPLEMENT TO ATTACHMENT "B")
FEE FOR SURVEYING SERVICES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO. 01367
Surveying Services:
Paving &Drainage
Topographic Survey for Design
Transportation 8� Public Works and Water: Survey Services Total
Water Lines
Topographic Surveys
Sanitary Sewer Lines
Topographic Surveys
5,658LF @ $4.50/Fi $21,700
Water Department Sanitary Sewer and Water Line: Survey Services Total
Total Topographic Survey Fee
$21,700
$21,700
EXHIBIT "5-3D"
(SUPPLEMENT TO ATTACHMENT "B")
FEE FOR REPRODUCTION SERVICES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO* 01367
Printing &Reproduction
Transportation &Public Works and Water Department
Conceptual Design Plans
8 Sets of Concept Plan (11"x17 $0.20 /Sht x 18 11"x17" Sht X 8 = $172.80
Preliminary &Utility Clearance Plans
15 Sets of Constr. Plans $0.35 /sf x 21 6sf/Sht/Plan X 15 = $661.50
2 Sets of Specifications W/Color $0.10 /Sht x 350 Sht/Spec X 2 = $70.00
Spec's Cover/Bind $4.00 Ea. 1 Book 2 = $8.00
8 Sets of Prelim Plans (I I"x17") $0.20 /Sht x 21 11"x17" Sht X 8 = $201.60
Final Plans
2 Sets of Constr. Plans $0.45 /sf x 21 6sf/Sht/Plan X 2 = $113.40
4 Sets of Specifications W/Color $0.10 /Sht x 350 Sht/Spec X 4 = $140900
2 Spec's Cover/Bind $4.00 Ea. 1 ea. X 2 = $8.00
8 Sets of Final Plans (11 "x17") $0.20 /Sht x 21 11 "x17" Sht X 8 = $201.60
Bid Documents
20 Sets of Constr. Plans $0.25 /sf x 21 6sf/Sht/Plan X 20 = $630.00
20 Sets Specifications W/Color $0.08 /Sht x 350 Sht/Spec X 20 = $560.00
20 Spec's Cover/Bind $4.00 Ea. 1 ea. X 20 = $80.00
Mounted Exhibits for Public Meetings
1 Drawing on Board $200.00 EA 0 Plots/Prof X 1 = $0.00
Final Mylars for Record Purposes
1 Sat of Plans $14.00 /Sht x 21 Sht/Plan X 1 = $294.00
Printing &Reproduction Subtotal $3,141
Transportation 8 Public Works and Water Department $3,141
Water Department (Water &Sanitary Sewer) $0
EXHIBIT "0-4"
(SUPPLEMENT TO ATTACHMENT "B")
SPECIAL SERVICES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO. 01367
Special Services:
Transportation &Public Works:
Alternative Analysis Storm Drain Rehab Methods $29,325
Subsurface Utility Engineering (SUE Level B) $29,000
Railroad Utility Crossing Permits (2) $199752
Permanent Easements (4) $3,200
Misc. Project Expense (mileage, photos, copies, courier, etc.) (LS) $200
Construction Assistance (hourly) $4,026
Transportation &Public Works: _ $85,503
Water Department (Water &Sanitary Sewer):
Water Department (Water &Sanitary Sewer): $0
Total Special Services
$85,503
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EXHIBIT "0-4.4"
(SUPPLEMENT TO ATTACHMENT "B")
FEE FOR SUB SURFACE UTILITY ENGINEERING SERVICES
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
PROJECT NO. 01367
Surveying Services:
Paving &Drainage
Location If cost/ft Cost
1) Weatherford to Crump Street SUE 5$5 $2,880
2) 2nd Street Sue 1160 $5 $5,800
2229 $5 $11,145
3) 5th Street SUE
4) 9th Street SUE 823 $5 $4,115
5) 13th Street SUE 637 $5 $3,185
6) Cotton Depot SUE 375 $5 $1,875
Transportation 8 Public Works and Water: SUE Total
Water Department Sanitary Sewer and Water Line: SUE Total
Total Subsurface Utility Engineering Fee
$29,000
$29,000
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ATTACHMENT
Amendments to Standard Agreement for Engineering Services
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
Project No. 01367
This page is intentionally blank.
7/17/09 N:\2008 Proposals\12P-10836-000 FtW Storm Drain Structural Rehab\Contract Exhibits\7-17-09Wttachment C.docPage C-1 of C-1
EXHIBIT 1'B-5"
OPINION OF CONSTRUCTION COST
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
Project No. 01367
TOTAL
Item
Item Description
Cost
Quantit
Cost
1
Mobilization
tUnittUnit
0,000
1
$ 10,000
2
Traffic Control
0,000
1
$ 105000
3
Temporary Erosion, Sedimentation and
Environmental Controls
LS
$6,000
1
$ 61000
4
24" RCP
LF
$70
320
$ 22,400
5
36" RCP
LF
$150
255
$ 38,250
6
30" RCP
LF
$112
260
$ 29,120
7
48" RCP
LF
$200
275
$ 55,000
8
60" RCP
LF
$600
250
$ 150,000
9
Trench Excavation Protection
LF
$2
1360
$ 2,720
10
Post -construction TV Inspection
LF
$10
1360
$ 13,600
11
12
13
14
Jacking, Boring, Tunneling - 36" RCP
Railroad Inspector
Temporary Pavement Repair
Permanent Pavement Repair
LF
DAY
LF
LF
$300
$500
$10
$20
140
5
1360
1360
$ 42,000
$ 21500
$ 13,600
$ 27,200
15
6'x6' Reinforced Concrete Junction Box
EA
$8,250
4
$ 33,000
16
8'x8' Reinforced Concrete Junction Box
EA
$13,500
2
$ 27,000
17
5'x5' Reinforced Concrete Junction Box
EA
$5,700
3
$ 17,100
18
19
Replace Waterline Crossing
Rehabilitation - Junction Box
EA
SF
$ 3,000
$42
9
3000
$ 27,000
$ 126,000
20
Rehabilitation - 60" RCP
LF
$750
750
$ 562,500
21
Rehabilitation - 42" RCP
LF
$550
280
$ 154,000
22
Rehabilitation - 36" RCP
LF
$400
497
$ 198,800
23
Rehabilitation - 60" Arch
LF
$800
287
$ 229,600
24
Rehabilitation - 54" RCP
LF
$600
1639
$ 983,400
25
Rehabilitation - 48" RCP
LF
$500
300
$ 150,000
26
Rehabilitation - 48"x42" Arch
LF
$550
264
$ 145,200
27
Rehabilitation - 24" Lateral to Inlet
LF
$250
750
$ 187,500
Total of Base
Items
3,263,490
Contingency
10%
$ 326,349
"A
Grand Total$
31589,839
Attachment D — Project Schedule
EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION
Tier
Document.
PROJECT NO. 1367
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)
— Primavera SureTrak (Version 3.x or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)
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 (WBS) 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,
• 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.
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.
As stated in IILA.(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.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/13/2009
DATE: Tuesday, October 13, 2009
LOG NAME: 20EASTDOWNTOWN
REFERENCE NO.: C-23847
SUBJECT:
Authorize an Engineering Agreement in the Amount of $287,746.00 with Lockwood, Andrews & Newnam,
Inc., for the Design of East Downtown Storm Drain Structural Rehabilitation Project
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering agreement
in the amount of $287,746.00 with Lockwood, Andrews & Newnam, Inc., for the design of East Downtown
Storm Drain Structural Rehabilitation Project (Project No. 01367).
DISCUSSION:
The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve
streams, minimize water pollution, and to operate the storm water system in a more effective manner to
fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning, enhanced development review and increased
public education and outreach.
On October 16, 2007, (Ordinance No. 17840-10-2007) City Council authorized the issuance and sale of
$25,000,000.00 in Storm Water (Drainage) Revenue Bonds, Series 2007, to fund a two-year Storm Water
Capital Project Program.
Due to aging infrastructure and localized flooding complaints, a study of the existing drainage
infrastructure in the east downtown area was completed in May 2008. This study identified storm drain
rehabilitation needs in this portion of the Downtown area.
A request for qualifications to provide drainage design was issued by the City in August of 2007 and (26)
design consultants submitted statements of qualifications, including Lockwood, Andrews &Newnam, Inc.
Lockwood, Andrews &Newnam, Inc., was selected to provide design services for storm drain
rehabilitation identified in the completed study.
The design services for the subject engineering agreement will include the following: analysis of
rehabilitation options for storm drain mains and laterals; storm drain improvement including upsizing of
existing storm drains in identified areas; rehabilitation of existing storm drains in identified areas; and
preparation of engineering plans and contract documents for the bidding and construction of the
recommended improvements and reahabilitations.
Lockwood, Andrews, and Newnam, Inc., proposes to perform the design services for a lump sum fee of
$287,746.00. City staff considers the fee to be fair and reasonable for the scope of services proposed.
Logname: ZOEASTDOWNTOWN Page 1 of 2
In addition to the contract amount, $143,594.00 is required for project management by the
Transportation/Public Works Department.
Lockwood, Andrews & Newnam, Inc., is in compliance with the City's M/WBE Ordinance by committing to
26 percent M/WBE participation. The City's goal on the project is 25 percent.
This project is located in Council District 9, Mapsco,
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/AccounVCenters
P229 531200 209280136731 $69,906.00
P229 531200 209280136732 $139 812.00
P229 531200 209280136733 $23 302.00
P229 531200 209280136751 $50 700.00
P229 531200 209280136785 4 0$ 26.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (8476)
Originating Department Head: William Verkest (7801)
Additional Information Contact: Michael Owen (8079)
ATTACHMENTS
1. FAR East Downtown(3).pdf (CFW Internal)
2. FAR- 01367-00001_,pdf (CFW lnternal)
3. FUNDS AVAILABLE.doc (CFW Internal)
4. MAP 20EASTDOWNTOWN.p_df (Public)
5. MWBE 20EastDowntown_(3).pdf (CFW Internal)
Logname: 20EASTDOWNTOWN Page 2 of 2