HomeMy WebLinkAboutContract 43087 (2)CITY EGMIARY
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CITY OF FORT WORTH, TEXAS
STANDARD AGRFEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and Dunaway Associates, L.P., authorized to do business in Texas, (the
"ENGINEER"), for a PROJECT generally described as: State Highway 114 Water
Relocation Part 2
Article
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 E.
Article III
Mims 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 1 of 15
OFFICIAL RECORD
CITY SECRETARY
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7 days' written notice to CITY suspend services under this AGREEMENT until
paid in full. In the event of suspension of services the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A
(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: 11.29.2011
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
o n 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
u se 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
o r 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
o r 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs' competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type
management, or direction of operating personnel; and other economic
and operational factors that may matenally 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29,2011
Page 4 of 15
Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract have access to and the right to examine and
photocopy any directly pertinent books, documents papers and records of the
ENGINEER involving transactions relating to this contract ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents papers and records of such subconsultant,
involving transactions to the subcontract, and further that the CITY shall have
access during normal working hours to all subconsultant 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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 5 of 15
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella if any This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, 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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 6 of 15
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000 00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 7 of 15
g.
Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
j•
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29,2011
Page 8 of 15
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11,29,2011
Page 9 of 15
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
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.
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11,29,2011
Page 10 of 15
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the ENGINEER's Personnel at Construction Site and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT or their sureties, shall maintain no
direct action against the ENGINEER, its officers employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement
(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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11,29,2011
Page 11 of 15
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document bang, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11,29,2011
Page 12 of 15
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
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11,29.2011
Page 13 of 15
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
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
Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it The venue
for any litigation related to this AGREEMENT shall be Tarrant County Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein Articles V F., VI.B., VI D., 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: 11.29.2011
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 and effective this the day of {\-Q0! , 2012.
ATTEST:
Mary J. Kays
City Secretary
..o-ee- .gym,„ CITY OF FORT WORTH
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APPROVED AS TO FOR11/t/N
B
Doug as W. Black
Assistant City Attorney
M&C No.: C-25528
M&C Date: March 27, 2012
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City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 15 of 15
Assistant City Manager
By
S. Frank Crumb, P.E.
Director, Water Department
„try
Dunaway Associates, L.P.
By:
Brian Day, P.E.
Associate
OFFICIAL RECORD
CITY SECRETARY',
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ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
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.
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
Task 8.
WORK TO BE PERFORMED
Design Management
Conceptual Design
Preliminary Design
Final Design
Bid Phase Services
Construction Phase Services
ROW/Easement Services
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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 1 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
1.2. Communications and Reporting
• 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.
•
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
• 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
• Twelve (12) MWBE reports will be prepared
• Fifty-two (52) meetings with city staff
DELIVERABLES
A. Monthly invoices
B. 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.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 2 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In addition to data obtained from the CITY, ENGINEER will research proposed
improvements in conjunction with any other planned future improvements that
may influence the project
• The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies
(TxDOT and railroads), City Master Plans, and property ownership as available
from the Tax Assessor's office.
2.2. Geotechnical Investigations
• ENGINEER shall advise the CITY of test borings and other subsurface
investigations that may be needed for the project. If the CITY determines that
such borings or investigations are needed then the ENGINEER shall work with
the CITY and CITY's geotechnical consultant to draw up specifications for such
testing program The cost of such testing will be paid for by the CITY.
2.3. The Conceptual Design Package shall include the following:
• Graphic exhibits of alternative design concepts considered.
• Proposed phasing of any water and sanitary sewer work that is included in this
project documented in both the project schedule and narrative form.
• Estimates of probable construction cost.
ASSUMPTIONS
• Zero (0) Geotechnical borings are expected for this project.
One (1) copy of the conceptual design package (30% design) will be delivered.
Drawings will be 11 x 17 size.
• ENGINEER shall not proceed with Preliminary Design activities without
obtaining written approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Cover Sheet
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 3 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
• A Proiect Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information
shall be indicated for each Control Point: Identified (existing City Monument
#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified
coordinate system, and a referred bearing base Z coordinate on City Datum
only; descriptive location (i e. set in the centerline of the inlet in the South curb
line of North Side Drive at the East end of radius at the Southeast corner of North
Side Drive and North Main Street)
• Overall project easement layout sheet(s) with property owner information.
• Overall oroiect water and/or sanitary sewer layout sheets. The water layout
sheet shall identify the proposed water main improvement/ existing water
mains in the vicinity and all water appurtenances along with pressure plane
boundaries, water tanks, pump stations valves, and fire hydrants. The sewer
layout sheet shall identify the proposed sewer main improvement/existing
sewer mains and all sewer appurtenances in the vicinity.
•
Overall water and/or sanitary sewer abandonment sheet.
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings,
etc., in the same coordinate system as the Control Points.
• Bench marks per 1,000 ft of plan/profile sheet — two or more.
• Bearings given on all proposed centerlines, or baselines.
Station equations relating utilities to paving, when appropriate.
Plan and profile sheets which show the following: proposed water and/or
sanitary sewer plan/profile and recommended pipe size, fire hydrants water
service lines and meter boxes, gate valves isolation valves, manholes, existing
meter numbers and sizes that are to be replaced, existing sample locations,
existing fire line locations, existing utilities and utility easements, and all
pertinent information needed to construct the project. Legal description (Lot
Nos., Block Nos , and Addition Names) along with property ownership shall be
provided on the plan view.
• The ENGINEER shall make provisions for reconnecting all identifiable water
and/or wastewater service lines which connect directly to any main being
replaced, including replacement of existing service lines within City right-of-way
or utility easement When the existing alignment of a water and sanitary sewer
main or lateral is changed provisions will be made in the final plans and/or
specifications by the ENGINEER to relocate all service lines which are
connected to the existing main and connect said service lines to the relocated
main.
•
•
• The following shall be applicable at all locations where it is necessary to relocate
or reroute the existing private sanitary sewer service line due to the
abandonment or realignment of the existing public sanitary sewer lateral or main:
The CITY shall furnish the ENGINEER with a sample format of how the sewer
service line reroute/relocation should be designed and submitted for
construction. During design survey, if a rod can be inserted through the cleanout
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 4 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
to the bottom of the service line, the ENGINEER will obtain the flow line elevation
and design the service line prior to advertising the project for bid. If the service
flow line information cannot be obtained during design survey, the ENGINEER
shall delay the design of the sewer service line until after a Quality Level A
Subsurface Utility Engineering (SUE investigation has been performed). The
Level A SUE will be performed; (1) by the ENGINEER if included in the fee
proposal; or (2) by the CITY prior to bidding if the CITY determines that it is
needed for satisfactory completion of the design; or (3) by the Contractor after
the project has been bid, by means of a bid item to that effect. In all options, the
ENGINEER shall propose appropriate de -hole locations in the project and collect
flow line elevation and other applicable information of the sewer service line. The
ENGINEER shall use this information to provide the design for the sanitary sewer
service line to be rerouted or relocated.
• Provide map showing location of new manhole construction at the end of existing
sewer segments, 90 degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the Contractor's responsibility to
coordinate utility location, etc. manhole construction.
• The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already included
in the D section of the CITY's specifications. These may included connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
3.2. Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities and other facilities
(current and future) that have an impact or influence on the project.
ENGINEER will design CITY facilities to avoid or minimize conflicts with
existing utilities and where known and possible consider potential future
utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in 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
• Eleven (11) sets of full size plans will be delivered for the Preliminary Design
(60% design).
• One (1) sets of specifications will be delivered for the Preliminary Design (60%
design).
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 5 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
• The CITY's front end and technical specifications will be used. The
ENGINEER shall supplement the technical specifications if needed.
• Eleven (11) sets of half size drawings will be delivered for Utility Clearance.
• ENGINEER shall not proceed with Final Design activities without written
approval by the CITY of the Preliminary Design plans
DELIVERABLES
A. Preliminary Design drawings and specifications
B. Utility Clearance drawings
C Estimates of probable construction cost
TASK 4. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• The ENGINEER shall submit Construction Documents (100%) 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
the 100% design package. This estimate shall use ONLY standard CITY bid items.
ASSUMPTIONS
• One (1) sets of full size drawings and one (1) sets of half size drawings and one (1)
specifications will be delivered for the 100% Design package.
• Plan Sheet
Sheet Number Sheet Title
1 Cover Sheet
2 Legend / Index
3 General Notes
4 Key Map
5 Control Layout
6 Easement Layout
7 Abandonment Layout
8 Water Valve Isolation Layout
9 to 11 Construction Sequencing
12 to 21 Plan & Profile
22 Details
23 SUE Sheets
24 to 25 Cathodic Protection Details
DELIVERABLES
A. 100% construction plans and specifications.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 6 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
B. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's standard bid items and format.
C. 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 .pdf file.
• 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
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
Incorporate all addenda into the contract documents and issue conformed sets.
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:
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 7 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
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 — "X-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_orgl8.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
•
•
•
•
The project will be bid only once and awarded to one contractor.
Ten (10) sets of construction documents will be sold to and made available on
Buzzsaw for plan holders and/or given to plan viewing rooms.
PDF and DWF files will be uploaded to Buzzsaw.
One (1) copy full size (22" x 34") mylar plans (conformed, if applicable) will be
delivered to the CITY.
DELIVERABLES
A. Addenda
B. Conformed mylar plans
TASK 6. OMITTED
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.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 8 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
7.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way, easements needs for construction
of the project Required temporary and permanent easements will be identified
based on available information and recommendations will be made for approval
by the CITY.
7.2. Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain permanent and/or
temporary easements required to construct the improvements.
• The ENGINEER shall submit the easement documents to CITY PM for real
property acquisition
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction the ENGINEER shall prepare and submit Temporary Right
of Entry documents for landowners to CITY PM for real property acquisition. It is
assumed that letters will only be required for land owners adjacent to temporary
construction easements or who are directly affected by the project and no
easement is required to enter their property.
The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
•
ASSUMPTIONS
•
•
Four (4) Easements documents will be necessary.
Four (4) Temporary right -of -entry documents will be necessary.
• Right -of -Way research and mapping includes review of property/right-of-way
records based on current Internet based Tarrant Appraisal District (TAD)
information available at the start of the project and available on -ground property
information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain
of title research parent track research, additional research for easements not
included in the TAD, right-of-way takings, easement vacations and
abandonments, right-of-way vacations, and street closures.
DELIVERABLES
A. Easement exhibits and meets and bounds provided on CITY forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 9of11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
8.1. Design Survey
•
ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
canopy and have qualified arborist identify species of trees), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys Spot elevations will be shown on intersection layouts with cross
slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
A Project Control Sheet showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400
The following information about each Control Point,
a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
No less than two horizontal bench marks, per line or location.
Bearings given on all proposed centerlines, or baselines.
Station equations relating utilities to paving, when appropriate.
11101111
8.2. Temporary Right of Entry Preparation and Submittal
•
Prior to entering property, the ENGINEER shall prepare and submit Temporary
Right of Entry for landowners to CITY PM.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3 Subsurface Utility Engineering (SUE) Services.
• A set of SUE plans will be prepared for the project limits.
ASSUMPTIONS
• Topographic survey at intersection will include no more than 100 ft. in each
direction.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08,27,2010
Page 10 of 11
ATTACHMENT A
DESIGN SERVICES FOR
STATE HIGHWAY 114 WATER RELOCATION - PART 2
CITY PROJECT NO.: 01515
DOE NO.: 6759
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.
C. SUE plans.
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:
•
N egotiation 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.
S ervices necessary due to the default of the Contractor.
S ervices 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...)
S ervices related to Survey Construction Staking
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.
SWPPP inspection services are not included. It is understood that the
contractor will provide this service during construction.
Anything not specifically defined as included in Tasks 1-8 above shall be
considered not included in the scope of this contract.
•
•
•
•
•
•
•
•
•
•
•
•
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.27.2010
Page 11 of 11
ATTACHMENT B
COMPENSATION
Design Services for
State Highway 114 Water Relocation — Part 2
City Project No. 01515
DOE No. 6759
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $ 192,000 00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II Method of Payment.
II. Method of Payment
Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1.
B. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
C. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
III. Summary of Total Project Fees
Firm
P rime Consultant
Dunaway Associates, L.P.
Primary Responsibility
Design
P roposed M/WBE Sub -Consultants
Gorrondona & Associates, Survey & Easements
Inc.
N on-M/WBE Consultants
Cobb, Fendley &
Associates, Inc.
SUE Sheets
Project Number & Name
State Highway 114 Water Relocation
Part 2
City M/WBE Goal = 16%
Total Fee (less Survey Fees) Breakdown
by Concept, Preliminary and Final Design
Fee Amount
$ 156,300
$ 34,200
$ 1,500
TOTAL $ 192,000.00
Total Fee
$ 192,000.00
M/WBE Fee
$34,200.00
1%
100%
M/WBE %
18%
Consultant Committed Goal = 18%
Concept (30%) _ (Total Fee — Survey Fees) X (0.3) _
P reliminary (60%) _ (Total Fee — Survey Fees) X (0.6) _
Final (10%) _ (Total Fee — Survey Fees) X (0.1) _
S urvey Fee =
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
$ 47,340.00
$94,680.00
$15,780.00
$ 34,200.00
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
City of Fort Worth, Texas
Attachment 8
PMO Official Release Date: 5,19,2010
Page 3 of 3
Professional Services Payment Request
Project: 1State Highway 114 Water Relocation - Part 2
City Project #: 101515
City Sec Number:
Purchase Order:
Company Name: I Dunaway Associates, L.P.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Sheet
Water Invoice
Sewer Invoice
Brian Darby, P.E.
Water
Sewer
Project Manager:
EXHIBIT B-1
Robert Sauceda
Consultant Instructions:
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email: I bsdddun awav-assoc. com
Office Address: 1550 Bailey Ave., Suite 400, Fort Worth, TX 76107
Telephone: 1(817) 335-1121
Fax: 1(817) 335-7437
FAC and Work Type Description
Totals This Payment Request
Agreement
Amount
$192, 000.00 I
$0.00
$192,000.00
Amendment
Amount
$0.00
$D.00
Agreement
Amount to Completed
Date Amount
$192,000.00 $0.00
$0.00 $0.00
$D.00 $192,000.00 $0.00
Overall Percentage Complete:
Percent
Completed
0.00000000%
LOCK
UNLOCK
($) Invoiced Current
Previously Invoice
$0.00 $0.00
$0.00 $0.00
$D.00
$0.00
Remaining
Balance
$192,000.00
$0.00
$192,000.00
Professional Services Payment Request
Project:
City Project #:
Work Type Desc:
F/A/C:
City Sec Number:
Purchase Order:
State Highway 114 Water Relocation - Part 2
01515
WATER
P253-60x170xxxx31,32,33,51
0
0
Company Name: Dunaway Associates, LP.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Pay Items
31 - Conceptual Design
32 - Preliminary Design
33 - Final Design
51 - Preliminary Survey
Brian Darby, P.E.
0
0
1/0/1900
1/0/1900
1/0/1900
Description
Totals This Unit:
email:
Office Address:
Telephone:
Fax:
EXHIBIT B-1A
Project Manager Robert Sauceda
Consultant Instructions:
Fill in green cells including Percent Complete and Invoiced Previously Quanities
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
bsd @du naway-assoc.co m
550 Bailey Ave., Suite 400, Fort Worth, TX 76107
(817) 335-1121
(817) 335-7437
Agreement
Amount
$47,340.00
$94,680.00
$15,780.00
$34,200.00
$192,000,00
Amendment Amendment
Number Amount
Agreement
Amount to
Date
$47,340.00
$94,680.00
$15,780.00
$34,200.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $192.000.00
Overall Percentage Complete:
Completed Percent ($) Invoiced Current Remaining
Amount Completed Previously Invoice Balance
$0.00 1 $0.00 $47,340.00
$0.00 $0.00 $94,680.00
$0.00 $0.00 $15,780.00
$0.00 1 $0.00 $34,200.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 1 $0.00 $0.00
50.00 50.00 $0,00 $192 000.00
0.00000000%
Task No.
1.2.8
Task Description Project
Director
Rate $225
Project Management 4
Communications and Reporting
Prepare Monthly MWBE Reports
Coordination with TxDOT, City, Utilities,
and Stakeholders 4
2.0 Conceptual Design (30-Percent) 1
2.1 Data Collection
2.3 Conceptual Design Package
2.3.1 Graphic Exhibits
2.3.2 Phasing
2.3.3 Construction Estimate 1
3.0 Preliminary Design (60 Percent) 20
Preliminary Design Drawings &
3.1 Specifications 20
3.2 Utility Clearance
4.0 Final Design 4
4.2 Final (100%) Plans and Specifications 3
4.4 Construction Estimates (100%) 1
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
EXHIBIT B-2
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
State Highway 114 Water Relocation - Part 2
City Project No. 01515, DOE No. 6759
Labor (hours) Expense
Project Project Total Labor Total Expense
Manager Enaineer EIT CADD Administrative Cost Subconsultant Task Sub Total
Travel Reproduction Cost
$150 $135 $130 $125 $87 MWBE Non-MWBE
280 0 0 48 6 $49,422 $0 $0 $0 $444 $444 $49,866
$0 $444
12 6 $2,322 $0 $2,322
268 48 $47,100
$0 $47,100
48 0 0 104 1 $20,512 $0 $0 $0 $112 $112 $20,624
16 $2,000 $0 $2,000
$0 $0 $0
36 76 $14,900 $112 $112 $15,012
8 8 $2,200 $0 $2,200
4 41 1 $1,412 $0 $1,412
138 0 0 282 18 $62,016 $0 $0 $0 $744 $744 $62,760
136 280 16 $61,292 $744 $744 $62,036
2 2 2 $724 $0 $724
16 0 0 28 7 $7,409 $0 $0 $0 $428 $428 $7,837
12 20 6 $5,497 $428 $428 $5,925
4 81 1 $1,912
$0 $1,912
Task No.
5.0 Bid Phase
5.1 Bid Support
Task Description
Project Project
Director Manager
Rate $225 $150
15
Upload Contract Documents, Sell Contract
Documents, and Maintain Plan Holders
5.1.1 List
5.1.2 Issue Addenda
2
8
4
5.1.6 Issue Conformed Contract Documents 3
7.0 ROW/Easement Services
Permanent Easement Preparation and
7.2 Submittal
7.3 Temporary Right -of -Entry Submittal
8.0 Survey
8.1 Topographic Survey
8.3 Subsurface Utility Engineenng Sheets
Description
Conceptual Design (30%)
Preliminary Design (60%)
Final Design (10%)
Survey
Subtotal
Total
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
0 4
Totals 31 501
Water Line Footage
Sewer Line Footage
(A) Total Fee
(B) Survey Fee
(C) Total Fee (-) survey Fee
I Water Fee (100% of C)
$157,800.00
WP Water
31 $47,340.00
32 $94,680.00
33 $15,780.00
51 $34,200.00
I $192,000.001
$192,000.00
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
State Highway 114 Water Relocation - Part 2
City Project No. 01515, DOE No. 6759
Labor (hours)
Project EIT CADD Administrative Total Labor
Enaineer Cost
$135 $130 $125
0 0 12
0
0
4,384
0
4,384
2
8
2
0 4
4
$87
17 $5,679
$0
8 $2,146
8 $2,746
1 $787
Expense
Subconsultant
MWBE Non-MWBEel
$0 $0
4 $1,448 $5,600
$0 $5,600
4 $1,448
$0 $28,600 $1,500
$0 $28,600
$0 $1,500
0 478 53 $146,486 $34,200 $1,500
100%
0%
100%
$192,000
$34,200
$157,800
Sewer Fee (0% of C)
$0.00
Sewer
$0.00
$0.00
$0.00
$0.00
$0.00
Total Expense
Travel Reproduction Cost
$0 $4,516 $4,516
Task Sub Total
$10,195
$3,961 $3,961 $6,107
$0 $2,746
$555 $555 $1,342
$0' $0 $0 $5,600 $7,048
$5,600 $5,600
$0 $1,448
$0 $0 $30,100 $30,100
$28,600 $28,600
$1,500 $1,500
$0 $6,244 $41,944 $188,430
Project Summary
Total Hours 1,063
Total Labor $146,486
Total Expense $41,944
MWBE Subconsultant $34,200
Non-MWBE Subconsultant $1,500
10% Sub Markup $3,570
MWBE Participation 17.8%
Total Project Cost $192,000.00
No. Bidlist Item No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
23
24
25
28
29
30
3311.0241
3311.0441
3311.0541
3311.0641
3305.1104
3312 3003
3312.3005
3312 3006
3312.3008
3312 1002
3312 6002
3311.0001
3312.0105
3312 0108
0241.1205
0241.1206
0241.1209
0241.1303
0241.1305
0241.1351
0241.1354
3305.0109
3291.0100
3292 0100
3305.0110
3305.0110
3304.0002
EXHIBIT B-3
Opinion of Probable Construction
Design Services for
State Highway 114 Water Relocation
City Project No. 01515
DOE No. 6759
Description
8" Water Pipe
12" Water Pipe
16" Water Pipe
24" Water Pipe
24" Casing By Other Than Open Cut
8" Gate Valve
12" Gate Valve
16" Gate Valve w/ Vault
24" Gate Valve w/ Vault
2" Water Air Release Valve & Vault
6" Blow Off Valve w/ 5" Diameter Manhole
Ductile Iron Water Fittings
Connection to Existing 12" Water Main
Connection to Existing 24" Water Main
12" Water Abandonment Plug
16" Water Abandonment Plug
24" Water Abandonment Plug
Remove 8" Water Valve
Remove 12" Water Valve
Salvage 16" Water Valve
Salvage 24" Water Valve
Trench Safety
Topsoil
Block Sod Placement
Utility Markers (Equipment) - Pre -Bid
Utility Markers (Installation)
Cathodic Protection
Unit of
Measure
LF
LF
LF
LF
LF
EA
EA
EA
EA
EA
EA
TN
EA
EA
EA
EA
EA
EA
EA
EA
EA
LF
SY
SY
LS
LS
LS
Cost
-Part2
Unit Price
$ 70.00
$ 90.00
$ 120.00
$ 170.00
$ 680.00
$ 2,200.00
$ 3,100.00
$ 23,000.00
$ 26,000.00
$ 18,000.00
$ 24,000.00
$ 6,000.00
$ 1,000.00
$ 2,000.00
$ 1,000.00
$ 1,500.00
$ 2,100.00
$ 500.00
$ 1,000.00
$ 2,000.00
$ 3,000.00
$ 2 00
$ 7.00
$ 6.00
$ 10,000.00
$ 12,000.00
$ 12,750.00
Total
Quantity
20
720
2138
1506
228
2
2
3
2
1
1
7
1
1
2
2
2
2
2
3
2
4136
1790
1790
1
1
1
Subtotal
10% Contingency
Total
Total Price
$1,400.00
$64,800.00
$256, 560.00
$256,020.00
$155, 040.00
$4,400.00
$6,200 00
$69, 000.00
$52, 000.00
$18,000.00
$24, 000.00
$42,000.00
$1,000.00
$2,000.00
$2,000.00
$3,000.00
$4,200 00
$1,000.00
$2,000.00
$6,000.00
$6,000.00
$8,272 00
$12,530.00
$10,740.00
$10,000.00
$12,000.00
$12,750.00
$1,042,912 00
$104,291 20
$1,147,203 20
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
State Highway 114 Water Relocation — Part 2
City Project No. 01515
DOE No. 6759
None.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1of1
ID !Task Name
1
2
3
Notice to Proceed
Survey - easements
Prepare Easement Parcels
4 Easement Acquisition
51Survey - topo
6 Preliminary Design
7 Review
8 Final Design
9 Final Approval
10 Advertisement
11
12
M&C - Construction
Construction
State Highway 114
Water Relocation Part 2
City Project No. 01515
DOE No. 6759
Duration
0 days
20 days
20 days
120 days
40 days
80 days
20 days
20 days
10 days
20 days
60 days
.....................
120 days
Task
Split
Progress
Start
Mon 4/2/12
Mon 4/2/12
Mon 4/30/12.
Mon 5/28/12
Mon 4/30/12
Mon 5/28/12
Mon 9/17/12
Mon 10/15/12
Mon 11/12/12
Mon 11/26/12
Mon 12/24/12
Attachment D
Project Schedule
Finish I Qtr 2, 2012
Apr May
Mon 4/2/121ia-,4/2
Fri 4/27/12
Fri 5/25/12
Fri 11 /9/12
Fri 6/22/12
Fri 9/14/12
Fri 10/12/12
Fri 11/9/12
Fri 11/23/12
Fri 12/21/12
Fri 3/15/13
Mon 3/18/13 Fri 8/30/13
▪ II I 11
11111111111111111111111111111111111111
Milestone
Summary
Project Summary C'
Qtr 3, 2012
Jun Jul Aug ! SeD
Qtr 4, 2012 1 Qtr 1 2013
Oct Nov I Dec I Jan I Feb Mar
External Tasks
+ External Milestone O
• Deadline
Qtr 2, 2013 l Qtr 3, 2013
Aix May I Jun I Jul I Aug
ATTACHMENT E
FORT WORTH
WATER
M&C Review
Coy CourmaL Aortal a
Page 1 of 2
Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 3/27/2012
DATE: 3/27/2012 REFERENCE NO.: "C-25528 LOG NAME:
CODE: C TYPE: CONSENT
PUBLIC
FEARING:
SUBJECT: Authorize an Engineering Agreement in the Amount of $192,000.00 with Dunaway
Associates, L.P., for Water Main Relocation Along State Highway 114 from Blue Mound
Road, F.M.156 to Harriet Creek Drive (COUNCIL DISTRICT 2)
i'OUT \lnn 11
-y--
60SH114P2-
DUNAWAY
NO
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Agreement in the
amount of $192,000.00 with Dunaway Associates, L.P., for water main relocation along State
Highway 114 from Blue Mound Road, F.M.156 to Harriet Creek Drive.
DISCUSSION:
In order to facilitate the widening of State Highway 114 from Blue Mound Road (F.M.156) to Roaring
River Road by the Texas Department of Transportation, it is necessary to relocate an existing 24 inch
City water main that is in direct conflict with the proposed improvements from Blue Mound Road,
F.M.156 to Harriet Creek Drive.
The services to be provided include the following:
Design survey
Preparation of plans and specifications
Preparation of easement documents, permits and utility
Relocation Agreement
Geotechnical engineering
Subsurface utility clearance
Dunaway Associates, L.P., is in compliance with the City's M/WBE Ordinance by committing to 18
percent WM/BE.participation. The City's goal on this project is 16 percent.
Dunaway Associates, L.P., proposes to provide the necessary engineering services for a lump sum
fee of $192,000.00. Staff considers this fee to be fair and reasonable for the scope of services
proposed. In addition to the contract amount, $30,000.00 is required for project management, real
property acquisition and utility coordination.
The project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
P265 531200 602170151531 $47.340.00
P265 531200 602170151532 $94.680.00
P265 531200 602170151533 $15.780.00
http://apes.cfivnet.org/couneiLpacket/mc__review.asp?ID-16615&counciIdate =3/27/2012 3/27/2012
M&C Review Page 2 of 2
P265 531200 602170151551 $34,200.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
Oriainatina Department Head: S. Frank Crumb (8207)
Additional Information Contact: Roberto C. Sauceda (2387)
ATTACHMENTS
GOSHII4 P2--D UNAWAY MAP.adf
http://apes,cfwnet.org/council jacket/mc__review.asp?1D=16615&councildate=3/27/2012 3/27/2012