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Contract 41351
CITY SECRETARY 13� CITY OF FORT WORTH, TEXAS CONTRACT NO. STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, corporation situated in Tarrant, Denton, Parker and Wise Counties, Neel -Schaffer, Inc., (the "ENGINEER"), for a PROJECT generally Sewer Rehabilitation, Contract LXXXI (81) . Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation a home -rule municipal Texas (the "CITY"), and described as: Sanitary 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) 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Offcial Release Date: 9.22.2010 Page 1 of 15 OFFICIAL RECORD CrTY SECRETARY IwT. WORTH, TX paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs, competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective 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. 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 and Woman Business Enterprise (M/VI/BE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22.2010 Page 4 of 15 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22,2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify. premises/operations, 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, officersI directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22.2010 Page 6 of 15 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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 AN 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 If 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. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Ofricial Release Date: 9.22.2010 Page 7 of 15 to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9,22,2010 Page 8 of 15 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. r•mr� 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-of4ay, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 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 Is negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 5 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, speccations, 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 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. Ciiy of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 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 Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the ATTEST: Hendri City Secretary day of�.,2011. APPROVED AS TO FORM AND L By: nt City Attorney Contract AWChorizati.oA loll Ito City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 CITY OF FORT WORTH o�efnando Costa r istant City Manager oPP,ROVAL RECOMMENDED X. By: , S. Frank Crumb; P.E. Director, Water Department Neel -Schaffer, Inc, James Amick, P.E. By: ®FFICl�1L RECORD CITY SIECRETARY F`I. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 ATTACHMENT A Scope for Engineering Design Related Services for Sanitary Sewer Improvements DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. The work to be performed entails replacing three 8" lateral lines with the same size line and seven 6" lateral lines with the larger 8" lateral lines as detailed in the table below. Main/Lateral Upstream Station Downstream Station Length Existing Pipe Size Prop Pipe Size L03608 13+78 4+50 943 8 8 This line is located on Shackleford St. beginning at Chickasaw St. and moving northward toward Collins St. L03608 17+24 13+78 340 8 8 This line is located on Rutan St. beginning at Collins St. and moving southward toward Chickasaw St. L03608 28+84 27+04 178 8 8 This line is located on Collins St. between Rutan St. and west of Miller Ave. L03609 10+78 0+00 1,075 6 8 This line is located on Collins St. between Shackleford St. and Rutan St. L03611 20+64 10+74 977 6 8 This line is located on Erath St. between Collins St. and Wilbarger St. L03613 10+92 3+52 740 6 8 This line is located on Erath St. between Knox St. and Howard St. L03679 5+31 0+00 533 6 8 This line is located on Rutan St. beginning at Howard St. and moving northward toward Collins St. L04330 16+81 0+00 1,662 6 8 This line is located on Wilbarger St. between Vaughn Blvd. and Hwy 287, L04331 5+44 0+00 544 6 8 This line is located on Killian St. between Dowdell St. (slightly east of) and Miller Ave. L04332 16+62 0+00 1,667 6 8 This line is located on Childress St. between Vaughn Blvd. and Miller Ave. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design C:\Documents and Settings\rsauceda\My Documents\CFW\Projects\Contract 81\Attachment A_revised.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 1 of 12 12/28/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services 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 apre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule 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 M/WBE 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 O:\Marketing\Fort Worth\2010 Water Sanitary Sewer\ContractlAttachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 2 of 12 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 • 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 M/WBE Report Form and Final Summary Payment Report Form 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 ■ 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 O:\Marketing\Fort W0rth\2010 Water Sanitary Sewer\ContractWttachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 3 of 12 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 • In addition to data obtained from the CITY, ENGINEER will research proposed I mprovements 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. 2.2. 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 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. ASSUMPTIONS • No geotechnical borings are expected for this project. • Two 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 x 17 size fold outs bound in the report • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • 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. ' 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. O:\Marketing\Fort Worth\2010 Water Sanitary Sewer\ContracflAttachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 4 of 12 9/23l2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 3.1. Development of Preliminary Design Drawings and Specifications shall include the following. • Cover Sheet • Overall project sanitary sewer layout sheet. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet — two or more. • Plan and profile sheets which show the following: proposed sanitary sewer plan/profile and recommended pipe size, manholes, 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 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. 3.2. Constructability Review • Prior to the 60 percent review meeting with the CITY, the 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. 3.3. 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 Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. ASSUMPTIONS • Two sets of 11 x 17 size plans will be delivered for the Constructability Review. OAMarketing\Fort Worth\2010 Water Sanitary SeweAContract\Attachment A.doc 9/23/2010 City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 5 of 12 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 • Two sets of 11 x 17 size plans will be delivered for the Preliminary Design (60% design). • Two sets of specifications will be delivered for the Preliminary Design (60% design). Specifications and standards will be downloaded one time from Buzzsaw. Updates and/or revisions will be considered additional services. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Estimates of probable construction cost D. 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 follows: • 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 • Two sets of 11 x 17 size drawings and two specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. O:VNarketing\Fort Worth\2010 Water Sanitary Sewer\Contract\Attachment A.doc City of Fort Worth, Texas AttachmentA 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 • Two sets of 11 x 17 size drawings and two specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • The final sheet list is anticipated to include acover/index, general notes, overall layout, approximately 23 plan/profile sheets and standard details. 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 Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xls file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare O:Vvlarketing\Fort Worth\2010 Water Sanitary Sewer\Contract\Attachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 7 of 12 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • 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 is to be uploaded into the project's Bid Responses folder on Buzzsaw. 5.2. Mylar Drawings • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage. • 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_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 II. Water and Sewer file name example - 99X-35667_org36.pdf " where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. O:\Marketing\Fort Worth\2010 Water Sanitary Sewer\ContractlAttachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 8 of 12 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project uMess the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Forty -Five sets of 11 x 17 construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Two sets of full size sets of drawings will be delivered to the CITY. • Ten sets of 11 x 17 size drawings and ten specifications will be delivered to the CITY from the forty-five printed for bidding. If ten sets are not available from bidding they can be provided at additional cost. • PDF and DWF files will be uploaded to Buzzsaw. • 1 copy full size (22" x 34") mylar plans will be delivered to the CITY. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents E. Mylar plans 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. O:\Marketing\Fort Worth\2010 Water Sanitary Sewer\Contract\Attachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 9 of 12 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 ASSUMPTIONS • One RFI is assumed. • No Change Orders are assumed. • One Site Visit is assumed. A. Public meeting exhibits B. Response to Contractor's Request for Information 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. ASSUMPTIONS • 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. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys within the right of way (and visible clean outs adjacent to the right of way) 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 known buried utilities, structures, 6" and larger trees (measure caliper and identify overall canopy) and other features relevant to the final plan sheets. • The minimum survey information to be provided on the plans shall include the following. Control Points, used or set while gathering data. 0AMarketinglFort Worth\2010 Water Sanitary Sewer\ContracHAttachment A.doc 9/23/2010 City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 10 of 12 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 The following information about each Control Point, a. Identified (Existing. CITY Monument #8901, r- 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 comer 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 bench marks, per line or location. ASSUMPTIONS • Topographic survey at intersections will include curb returns 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. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services —CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following. • Negotiation of easements or property acquisition including temporary right -of - entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • 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...) O:Vvladceting\Fort Worth\2010 Water Sanitary Sewer\ContractWttachment A.doc City of Fort Worth, Texas Attachment A 9/23/2010 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER REHABILITATION CONTRACT LXXXI (81) CITY PROJECT NO.: 01500 • 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. O:\Marketing\Fort Worth\2010 Water Sanitary Sewer\Contract\Attachment A.doc City of Fort Worth, Texas Attachment A PMO Release Date: 08.27.2010 Page 12 of 12 9/23/2010 ATTACHMENT B COMPENSATION Design Services for Sanitary Sewer Rehabilitation Contract LXXXI (81) City Project No. 01500 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $114,511 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 BA, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. 111. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. O:1MarketinglFort Worth\2010 Water Sanitary SewerlContractWriachment B.doc City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 9l23/2010 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant Neel -Schaffer, Inc. Design $787120 68.2 Proposed M/WBE Sub -Consultants Spooner & Associates Survey $36,391 31.8 Non=MMBE Consultants None TOTAL $114,511 100% Project Number &Name Total Fee M/VNBE Fee M/WBE #01500 - Sanitary Sewer Rehabilitation Contract LXXXI 81 $114,511 $369391 31.8% City M/WBE Goal = 20% O:\Marketing\Fort Worth\2010 Water Sanitary SewerlContract\Attachment B.doc City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 Consultant Committed Goal = 20% 9/23/2010 B-2 EXHIBIT "13-1" ENGINEER LEVEL OF EFFORT (Supplement to Attachment B) Insert required level of effort format following this page, including negotiated total budget Cl" allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 3 of 3 l� EXHIBIT "13-2" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget Cl" allocations of budgets across work types and work phases. City of Fort Worth, Texas AttachmenYB PMO Official Release Date: 5.19.2010 Page 3 of 3 E• (p N A o n h C1 ♦I 3 •a A •-1• A O N � A A m m m N �D :: m o4 Cf O_ g' C. O -•I A v N 1 toots ma D .3� a O 1D C N � � 3 3(D C O O. C .�i 13D MW D� O A C M .Ak � A ° O O ti 0 moms n 0 D C ry a O MO 3 � C a V IA affops < Moto O p N � a setwo n c o a m MEN m� d 3 ma = � A ff N fD :3 A � 0 O Immonvommol < O p O O n•�3 'c.r'n co O n "o't � m to M A a 3. v7 C 3 3 m �fl � 1• [ [ [ awe I!- � ® 7( 7 } to ° �7 \/ fm k} r-I22\M /(/§ Jl 7\ 0 \ex 2� \\\\�} 0m0 n �g�■gam <o a ; © ■%�� g7RRL'D� _ \AEI}( 2 ® /»R; aM22 ¥ 0c ®; £ .. ]m ƒ f2 7» § &�� B '•• •• E (D @ C/)m # # ~m&§ 2 0rn Q � E / ® \% \ } } /ƒ }2 ƒf 2@ 0 � ne J MCL n { .. 2$f 00 � ! E7 it !KE $ {0 0 k0 cr th ZL \�\ � !�0 tu ® %l3 IZ \# ( {\ §� \( /\ }' ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Sanitary Sewer Rehabilitation Contract LXXXI (81) City Project No. 01500 NONE O:Uvlarketing\Fort Worth\2010 Water Sanitary Sewer\Contract\Attachment C.doc City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of t 9/15/2010 i� m, t 1 UI ill t it ;Zel ci Ui ^ tu e Ni a� �1 h �'I a f m i t� I is ' o i1 ` 41 E E pis kSE _ WOO a Y N};1a'Y a [a[VV Y.ui a[a[7� 21 �!i�iY a!o± w ei ri to rZ �n w� ^ =]Zv" tM a'.:a ,�Ca O m a413 .N a a (a fa R ��t% fV :a a a a:� V �i� C a.�Yi a tZ+:CZ' L A a'e m�LL. C �c .��'r 9°38�iHO'O'I�0 °c�;=SE�91Lm p, area F N ' 1 1 ^ z a_ a Yaa �AAa^aAa�l�3aY33YA ea Yac�c r aaa �AA�,a'� aN M c:c mis t7 c°Y mY3p pY v�ipaa IA �l c eoTc N �C OO O O f• O i 0.0 F' O 010 0 tL '> > O °'3 0.0 9:LL LL IL .O C O m to :2:2if �t-F=i� fit'- �= Fcair-t-�. gl 333: 3 3i w' a ! 1 0 fV m V. Y - _. ._. __ ffVV -.Lei M _ V 1 O S I j�T: qmq TM :M;m T ^r^-'a ti. i.rT 11M�� I IO y99V'9I S C.O 09,99��.09{yp99:'C9 9 t99999j4��y9999MIM 999111 0 ,'O O,,V �:A N O.O.O Y ^ ^O ',O Y N Y:ryI N O:H N N.W^ N'.N, b N N' :O O O p O 8 m s` iI I S f a 1 n = N a U I 6 iN O p i LaO N A N O 'S 9i� G N.'a N Tg LL 1 9 'U =6 m a N OTgC zN' mN Im m E N ''v f w .cw�n w e �,.c m w::� a m�e3c w E :Z; a N m w m a E m U o Udo r TV Pw;.� Z U.B U %i a n:m u�. a�;m LL C w c ml m. m -c m m .i c;a a C �onXTiZ'X:_.EX3�maXa,oY�mE v� w� .'°E .a' c°�`o 0 toe IP To m '� �i c'° m t�i 'a m °' w o L° U iE '� p U a OP8 o-m a E m a; S' a pl° LL:m a n w a :w $ a ;o ; .ffi' :° OA c m m X: s mX 3 n cam X> 4 n 4' `o o' e:Y' 9's m° c. E o 8 mEg U o �2 20° o c. u pa :�=aa$rc x':m'LLnm x oc;' w> x° ,�oU a�jm .uux.) 42 10 ;t10 IQ a :ep m.- Z Uti N ,M Y N 0 1A N 10) 10 N N in N i ATTACHMENT E PAGE 1OF1 COUNCIL'ACTION: Approved on<12/14/2010 =Ord:' No.19485-12=2010 REFERENCE ** 60SS81- DATE: 12/14/2010 NO.: C-24655 LOG NAME: NEELSCHAFFER CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Engineering Agreement in the Amount of $114,512.00 with Neel -Schaffer, Inc., for Sanitary Sewer Rehabilitation, Contract LXXXI on Childress Street, Killian Street, Wilbarger Street, Collin Street, Rutan Street, Erath Street and Adopt Appropriation Ordinance (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $126,512.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $126,512.00 from available funds; and 3. Authorize the City Manager to execute a contract in the amount of $114,512.00 with Neel -Schaffer, Inc., for Sanitary Sewer Rehabilitation, Contract LXXXI. DISCUSSION: This project consists of the preparation of plans and specifications for the replacement of the deteriorated sanitary sewer mains located on the following streets. Street From To Childress Street Vaughn Boulevard Miller Avenue Killian Street Dowdell Street Miller Avenue Wilbarger Street Vaughn Boulevard Miller Avenue Collin Street Shackleford Street Miller Avenue Rutan Street Collin Street Howard Street Erath Street Wilbarger Street Knox Street Neel -Schaffer, Inc., proposes to perform the design work for a lump sum fee of $114,512.00. City staff considers this fee to be fair and reasonable for the scope of services proposed. Neel -Schaffer, Inc., is in compliance with City's M/WBE ordinance by committing to 32 percent M/WBE participation. The City's goal on this project is 20 percent. In addition to the contract amount, $12,000.00 is required for project management, real property acquisition and utility coordination. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in Logname: 604061000 I-SJLOUIS Page 1 of 2 the current capital budget, as appropriated of the Sewer Capital Projects Fund. TO Fundmccount/Centers 2)P258 511010 705170150030 2)P258 531200 705170150031 2)P258 531200 705170150032 2)P258 531200 705170150033 2)P258 531200 705170150051 1) P258 476045 705170150OZZ 2)P258 541100 705170150041 2)P258 531350 705170150042 8 000.00 $23,436.15 6,87230 7,812,05 $36,391.50 $126,512.00 Submitted for City Manager's Office b� Ori inating Department Head: Additional Information Contact: ATTACHMENTS 60SS81-NEELSCHAFFEAO.doc 60SS8.1_-NEELSCHA_FFER MAP_rdf 2 000.00 2 000.00 FROM Fund/Account/C enters 3)P258 531200 705170150031 3)P258 531200 705170150032 3� P258 531200 705170150033 3)P258 531200 705170150051 1) PE45 538040 0709020 Fernando Costa (6122) S. Frank Crumb (8207) Roberto C. Sauceda (2387) $23,436.15 $46, 872.30 7 812.05 $36,391.50 $126,512.00 Logname: 6040610C01-SJLOUIS Page 2 of 2