HomeMy WebLinkAboutContract 43082 (2)CtIOT WCRETARV
CONTRACT 43° g
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and Pacheco Koch Consulting Engineers, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: White Lake Hills
Drainage Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
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 billing con,
good faith within 60 days of the amount due, the ENGINEER hm L a
7 days' written notice to CITY, suspend services under
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 1 of 14
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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 14
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: 11.29.2011
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(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/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
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PMO Official Release Date: 11.29.2011
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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.
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
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PMO Official Release Date: 11.29,2011
Page 5 of 14
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident Such insurance shall cover liability arising
out of `any auto', including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate The policy shall contain a retroactive date prior to the date of 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: 11.29.2011
Page 6 of 14
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
I. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
in
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
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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.
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
Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
City of Fort Worth, Texas
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PMO Official Release Date: 11.29.2011
Page 8 of 14
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITYs facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches drawings
specifications proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 9 of 14
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the ENGINEER's Personnel at Construction Site and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3)
The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 10 of 14
(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.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date: 11.29.2011
Page 11 of 14
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' wntten 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 PROJECTs schedule, commitment
and cost of the ENGINEER s personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 12 of 14
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.
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,
o r unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
n ever 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
e nactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 13of14
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.
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 Wit , 20\a
ATTEST:
Mary J. Kayser
City Secretary
0 0
a
o
APPROVED.-ASIO FORM'
B
Douglas W. Black
Assistant City Attorney
M&C No.:
M&C Date:
2-5-Lite(
2-,2t. (FL
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 14 of 14
Y
CITY OF FORT WORTH
By:
Fernando Costa
Assistant City Manager
APPROVAL RECOMMENDED
By: tea.• -- - ti �
Doug W. g, V1%i: rsi Ph.D, P.E. 04.
Director, Transportation & Public Works
Pacheco Koch Consulting Engineers, Inc.
By:
Mark A. Pacheco, P.E., R.P.L.S
President
ii.+)li
'i i
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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. Under this scope, "ENGINEER"
is expanded to include any sub -consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
The objective of the project is to evaluate the potential for flooding in the White Lake Hills
subdivision. The evaluation shall include necessary analysis and modeling to determine the
extent of localized flooding in the area and potential measures that could be taken to
alleviate flooding conditions. The project also includes the preparation of construction
documents to resolve known flooding issues on Willow Ridge Road at the northeast corner
of the subdivision.
Task 1.
Task 2.
Task 3.
Task 4.
Task 5.
Task 6.
Task 7.
Task 8.
Task 9.
WORK TO BE PERFORMED
Design Management
Conceptual Design
Preliminary Design
Final Design
Bid Phase Services
Construction Phase Services
ROW/Easement Services
Survey Services
Permitting
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER s and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate intemally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.2.
•
•
•
•
•
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
Communications and Reporting
Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 1 of 13
• Conduct and document monthly project update meetings with CITY Project Manager.
• Conduct review meetings with the CITY at the end of each design phase.
•
Conduct and document biweekly design team meetings.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY
Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
•
ASSUMPTIONS
• 12 MWBE reports will be prepared
• 4 plan review meetings with city staff
• 12 monthly progress reports will be prepared
• 12 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly MWWBE Report Form and Final Summary Payment Report Form
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 2 of 13
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 identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
•
In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project. ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, agencies (such as
TxDOT and railroads), CITY Master Plans, CITY drainage complaint files,
existing applicable drainage studies, FEMA floodplain and floodway maps,
existing models of project area (if any) and property ownership as available from
the Tax Assessor's office
• The following is applicable at all locations that require water service line
replacement The ENGINEER shall visit the project site and obtain the meter
numbers and sizes on all existing meters to be replaced on the project and shall
identify existing sample stations and fire line locations.
2.2. Drainage Computations
• ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1' = 200'
scale from available 2-foot contour data with the countours labeled. Data source
and year will be provided by the CITY Calculations regarding street and right-of-
way capacities and design discharges (5-year and 100-year frequencies) at
selected critical locations will be provided. Capacities of existing storm drain will
be calculated and shown. All calculations shall conform to to the Fort Worth
Integrated Stormwater Management Criteria Manual, 2012 All locations in the
project area where 100-year runoff exceeds available storm drain and right-of-
way capacities shall be clearly identified. The ENGINEER's responsibility
includes recommendations for improvements of the existing system as deemed
reasonable and consistent with CITY standards.
2.3. Drainage Basin Analysis
• ENGINEER will review available record drawings and other information for the
White Lake Hills subdivision as well as obtain additional field survey information
as necessary to facilitate the analysis of the drainage systems in the subdivision.
The data will be used to analyze the design runoff as well as the storm drain,
inlet and roadway capacities within the project area. ENGINEER will prepare a
report outlining the existing deficiencies in the system with recommended
solutions, including opinions of construction costs.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 3 of 13
2.4. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level D & C as described
below The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
•
•
•
•
Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
Collect applicable records (e.g., utility owner base maps, "as built' or record
drawings, permit record s, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification
Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s) end points of any utility data; line status (e g., active, abandoned
o ut of service); line size and condition; number of jointly buried cables; and
e ncasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
o bservations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits and/or to trace a particular
utility line or system
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 4 of 13
•
•
•
•
•
Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
Unless otherwise directed, mark centerline of single -conduit lines, and outside
edges of multi -conduit systems
Resolve differences between designated utilities and utility records and surveyed
appurtenances.
Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the projects
survey control.
2.5. The Conceptual Design Package shall include the following:
•
Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Cover sheet
•
Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, , streets, street right-of-way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of water, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
•
Estimates of probable construction cost.
ASSUMPTIONS
•
•
•
•
•
All storm water calculations and design shall conform to the Fort Worth
Integrated Stormwater Management Criteria Manual, 2012.
Full Size Plan and Profile sheets shall be prepared on a Scale of 1:40H and 1 AV
8 copies of the conceptual design package will be delivered. Drawings will
be half size (11" x 17").
DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 5 of 13
DELIVERABLES
A. Conceptual Design Package.
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
•
Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the Fort Worth Integrated
Stormwater Management Criteria Manual, 2012.
• A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1 400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8' Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
Overall project easement layout sheet(s).
• Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways
medians (if applicable), sidewalks existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
•
•
No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations details unique to the construction of the project
trenchless details, and special service lateral reconnections.
3.2. Geotechnical Investigation/Pavement Design
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 6of13
3.3 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.
3.4 Public Meeting
• After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.5 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, 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 deliver approved preliminary construction plans to the
CITY's Utility Coordinator as well as upload a DWF 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.
3.7 Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department
These drawings shall be sealed by a professional engineer registered in the
State of Texas
ASSUMPTIONS
•
•
•
All storm water calculations and design shall conform to the Fort Worth
Integrated Stonnwater Management Criteria Manual, 2012.
2 borings at an average bore depth of 20 feet each will be provided.
Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an
additional 0 (none) project specific traffic control sheets will be developed.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 7 of 13
• 2 copies of the geotechnical report will be delivered to the CITY.
• Drawings for Utility Clearance shall be uploaded to Buzzsaw.
• 8 half size 11x17 and 2 full size 22x34 plans will be delivered for
Constructability Review.
• 9 half size 11x17 drawings and 6 specifications will be delivered for
Preliminary Design.
DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
•
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings uploaded to Buzzsaw
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E Estimates of probable construction cost
F. Public Meeting exhibits
G. Traffic Control Plans
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:
• Final draft construction plans and specifications shall be submitted to CITY per the
approved Project Schedule.
• The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (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.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 8 of 13
ASSUMPTIONS
• All storm water calculations and design shall conform to the Fort Worth Integrated
Stormwater Management Criteria Manual, 2012.
9 half size 11x17 and 1 full size 22x34 drawings and 8 specifications
will be delivered for the 90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 8 half size 11x17 and 6 full size 22x34 drawings.
• A PDF file for the specifications will be uploaded to the project folder in Buzzsaw.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• Estimated number of plan sheets (see table below):
4.
Sheet
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15-19
Sheet Title
Cover Sheet
Index
General Notes
Project Control & Monuments
Project Easement & Right -of -Way
Overall Layout
Drainage Area Map
Drainage Calculations
Storm Drain Plan & Profile
Storm Drain Plan & Profile
Storm Drain Plan & Profile
Storm Drain Plan & Profile
Storm Drain Details
Storm Drain Details
Traffic Control & Work Zone Detail
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
E Original cover mylar for the signatures of authorized CITY officials.
TASK 5 BID PHASE SERVICES (Not Included in this Scope of Services)
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 9 of 13
TASK 6. CONSTRUCTION PHASE SERVICES (Not Included in this Scope of Services)
TASK 7. ROW/EASEMENT SERVICES
ENGINEER will support and perform activities related to ROW and easements 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 and easement needs for
construction of the project Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY.
7.2 Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The 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, mail and obtain Temporary
Right of Entries from landowners 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
• 2 (Two) Easement documents will be necessary.
• 2 (Two) Temporary right -of -entry documents will be necessary.
•
Right -of -Way research 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. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms
B. Temporary Right of Entry Letters
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 10 of 13
TASK 8. SURVEY.
ENGINEER will provide survey support as follows.
8.1 Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, utilities as required by the SUE, 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).
•
8.2. Temporary Right of Entry Preparation and Submittal
•
Prior to entering property for field survey, the ENGINEER shall prepare, mail and
obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 11 of 13
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
9.1. Storm Water Pollution Prevention Plan
•
For projects that disturb an area greater than one (1) acre ENGINEER will
prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the
P roject for use by the Contractor during construction ENGINEER will prepare
drawings and details for proposed SWPPP improvement that the Contractor must
use during construction. Contractor will be responsible for filing the SWPPP with
appropriate regulatory agencies.
9.2. Environmental Services
•
•
•
•
•
N egotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits
Completing all forms/applications necessary
S ubmitting forms/applications for CITY review
S ubmitting revised forms for agency review
Responding to agency comments and requests
9.3. Floodplain Services
•
•
•
•
•
N egotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits
Completing all forms/applications necessary
S ubmitting forms/applications for CITY review
S ubmitting revised forms for agency review
Responding to agency comments and requests
ASSUMPTIONS
• A Nationwide Permit will be required for the project
• Texas Department of Licensing and Regulation (TDLR) coordination is not
required
• Permit preparation will begin after approval of the Conceptual Design.
DELIVERABLES
A. Storm Water Pollution Prevention Plan
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 12 of 13
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.
S ervices 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
P erformance 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.
S ervices related to Subsurface Utility Engineering Levels A or B
S ervices related to Survey Construction Staking
S ervices related to acquiring real property including but not limited to
easements, right-of-way, and/or temporary right -of -entries.
S ervices to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 06/21/2010
Page 13 of 13
ATTACHMENT B
COMPENSATION
Design Services for
White Lake Hills Drainage Improvements
City Project No. 01850
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $161,447 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 Al including all labor materials, supplies,
and equipment necessary to deliver the services.
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, 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
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5,19.2010
Page 1 of 3
B-1
Iv.
ATTACHMENT B
COMPENSATION
Summary of Total Project Fees
Firm
P rime Consultant
P acheco Koch
Consulting Engineers
P roposed M/WBE Sub-
Lina T Ramey &
Associates
Lina T Ramey &
Associates
Mastek Engineering &
Associates, Inc.
P rimary Responsibility
P roject Management & Design
Consultants
Field Survey & Easement
P reparation
S ubsurface Utility Engineering
Non-M/WBE Consultants
Geotechnical Investigation
Project Number & Name
White Lake Hills Drainage Improvements
City Project No. 01850
City M/WBE Goal = 27%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
TOTAL
Total Fee
$ 161,447.00
Fee Amount
$ 110, 072.00
68.2%
$ 45,250.00 28.0%
$ 2,505.00 1.6%
$ 3,620.00
2.2%
$ 161,447.00 100%
M/WBE Fee M/WBE %
$ 51,375.00 31.8%
Consultant Committed Goal = 31.8%
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page3of3
Professional Services Payment Request Project Manager: Ryan S. Hague, PE
Project: White Lake Hills Drainage Improvements
City Project#: 01850
Work Type Desc: Drainage Consultant Instructions:
FIA/C: P227 531200 204280185030
City Sec Number: _ Fill in green cells including Percent Complete and Invoiced Previously Quanities
Purchase Order: - -„ _ _ _ - - When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Projects folder.
Company Name: Pacheco Koch Consulting Engineers, Inc.
Consultant's PM: Brian O'Neill, PE email: boneill@pkce.com
Vendor Invoice #: Office Address:6000 Westem Place, Suite 625, Fort Worth, Texas 76107
Payment Request#: Telephone: (817)412.7155
From Date: Fax: (817) 412-7156
To Date:
Invoice Date: Remit 6000 Western Place, Suite 625, Fort Worth, Texas 76107
Pay Items
30 - Design
Description
Totals This Unit:
Agreement
Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Amount Number Amount Date Amount Completed Previously Invoice Balance
$161.447.00 $161,447.00 $161,447.00
$161,447,00
$161,447.00 $161.447.00
Overall Percentage Complete:
Task No.
Task Description
Rate
1.0 Project Management
1.1 Managing the Team
1.1.1 Internal Team Meetings
1.1.2 QA/QC
1.2 Communications and Reporting
1.2.1 Pre -Design Coordination Meeting
1.2.2 Monthly Project Update Meetings
1.2.3 Design Submittal Review Meetings
1.2.4 Prepare Baseline Schedule
Prepare Monthly Progress Reports with
1.2.5 Schedule
1.2.6 Prepare Monthly MWBE Reports
1.2.7 Invoicing
2.0 Conceptual Design 130-Percent)
2.1 Data Collection
Drainage Computations and Drainage Area
2.2 Map
2.3 Drainage Basin Analysis
2.3.1 Drama2e Area Maps (8 areas)
2.3.2 Storm Drain System Analysis
2.3.3 Street CapacityDetermination
2.3.4 Site Visits
2 3 5 Report
2.4 Subsurface Utility Engineering
2.4 Conceptual Design Package
2.4.1 Cover Sheet
2.4.2 Proiect Easement & Right -of -Way
2.4.3 Overall Layout
2.4.4 Storm Drain Plan & Profile
2.5
3.0
3.1
3.1.1
I 3.1.2
I 3.1.3
3.1.4
3.1.5
3.1.6
3.1.7
3.1.8
3.1.9
3.1.10
3.1.11
Proiect Decision Log
Preliminary Design 160 Percent)
PreliminaryDesign Drawings
Cover Sheet
Index
General Notes
Project Control & Monuments
Proiect Easement & Right -of -Way
Overall Layout
Drainage Area Map
Drainage Calculations
Storm Drain Plan & Profile
Storm Drain Details
Traffic Control & Work Zone Detail
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PM0 Official Release Date: 5.19.2010
Basis for
Hour Unit
Estimate
8 Ea
3 Ea
1 Ea
6 Monthly
3 Ea
1 Ea
8 Monthly
8 Monthly
8 Monthly
1 Ea
1
1
1
1
20
2
1
1
1
1
1
1
5
Ea
Ea
Sheet
Ea
Sheet
Ea
Ea
N/A
Ea
Sheet
Sheet
Sheet
Sheet
N/A
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
White Lake Hills Drainage Improvements
City Project No. 01850
Project Senior/H&H
Manager Engineer
4190 $1801
33 21
4
2
12
3
2
8
2
19
1
1
2
1
1
4
2
5
2
2
19 Sheet
1 Sheet
1 Sheet
1 Sheet
1 Sheet
1 Sheet
1 Sheet
1 Sheet
1 Sheet
5 Sheet
2 Sheet
4 Sheet
29
20
2
1
1
1
2
1
10
1
1
12
2
6
3
321
21
2
8
4
4
5
4
2
2
17
12
41
2
1
Labor (hours)
Project I EIT/Design Total Labor
Engineer Tech CADD Administrative Cost
S1201 $110
9 0
6
3
$90I
0
1.
71I 62 30
41 12
16
12
16
6
12
20
4
8
2
5 16 18
1 2
2 2 2
2 4 4
10 10
4
./ •
391 86 78
36 72 72
1 1
1 1
2 1
2 6 6
2 3 3
1 2 2
41 10 10
101 2 2
12J 40 40
21 4 4)
21 2 21
$86
12
$12.2.70
$760
$2.160
5740
$4.080
$1;470
$380
4 $11760
8 $900
$0
0 527.410
$1.430
$2.110
Expense
Subconsultant
MWBE Non-MWBE
SO SO
Total Expense Task Sub Total
Travel Reproduction Cost
S0
SO
52,606 S0 • SO 5117
$5.940
$2.790
$3,710
52.560
52.760
S0 $2.505
0 $5.290
58201
2 $25,860 $3.620
2 $24,810
S0
SO
S0
$0
$0
S0
• $0
S0
$0
S0
$0
$0
512,270
2760
$2,160
$740
34,080
$14470
$380
$1,780
$900
$0
$2.622 S30.032
$0 51.430
$0 52,110
$0 S0
$0 $5.940
$2.505
$117 $117
$527
$398
52.505
$5.407
$0 $820
$4r147 $34,007
$398 $25.208
1 of 3
Task No.
Task Description
Basis for
Hour
Estimate
Rate
3.2 Geotechnical Investigation/Pavement Design 1 N/A
3.3 Constructability Review 1 Ea 2
3.4 Site Visit 1 Ea 2
3.5 Public Meeting 1 Ea 2
3.6 UBlity Clearance
3.7 Project Decision Log 2
3.8 Construction Estimate 1
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
White Lake Hills Drainage Improvements
City Project No. 01850
Labor (hours)
Unit Project SeniorlH&H Project EIT/Design
Manager Engineer Engineer Tech
5190 $130 $120 - 5110
3
2
4.0 Final Design 23 - 7
Final Draft (90%) Construction Plans and
4.1 Specifications 18
4.1.1 Cover Sheet 1 Sheet
4.1.2 Index 1 Sheet
4.1.3 General Notes 1 Sheet
4.1.4 Project Control & Monuments 1 Sheet
4.1.5 Project Easement & Right -of -Way 1 Sheet
4.1.6 Overall Layout 1 Sheet
4.1.7 Drainage Area Map 1 Sheet 1
4.1.8 Drainage Calculations 1 Sheet 1 1
4.1.9 Storm Drain Plan & Profile 5 Sheet 2 2
4.1.10 Storm Drain Details 2 Sheet 1 1
4.1.11 Traffic Control & Work Zone Detail 4 Sheet 1
4.1.12 Specifications 1 Book 8
4.2 Final (100%) Plans and Specifications 2 2
4.3 Project Decision Logs (90% and 100%) 1
4.4 Construction Estimates (90% and 100%) _ 2
•
5.0 Bid Phase 0 0
5.1 Bid Support
Sell Contract Documents and Maintain
5.1.1 Plan Holders List- Upload to Buzzsaw
I 5.1.2 Issue Addenda
5.1.3 Attend Pre -bid Conference
5.1.4 Attend Bid Opening
5.1.5 Tabulate Bids and Recommend Award
29
5 21
1
1
1 1
1 1
1
1I
41
4
1
1
8
8
Expense
CADD Administrative Total Labor Subconsultant
Cost
S90 $66 MWBE Non-MWBE
So $3,620
5389
$12280
2 2 $1,4140
41 S440
al $820
41 4 $990
66 50 8 $211390 SO $0
46 34 8 $15,480
1 1
1 1
2 1
3 3
1 2
1 1
1
1 1
20 20
2 2
1 1
12 8
10 10 $3.700
4) $630
61 6 $1.580
Total Expense
Travel Reproduction Cost
$3.620
$0
Task Sub Total
$3.620
5380
$129 $129 $1,269
$0 5440
$0 5820
$0 5990
$390 $390 $21.780
$390 $390
$15.870
$0 531700
$0 $630
$0 $1,580
0 0 0 se So SO SO SO S0 SO
$0 $0 $0
S0 S0 S0
SO $0 $0
S0 '$0 So
$0 $0 5O
5.1.6 Issue Conformed Contract Documents - - $0 $0 - $0
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
2 of 3
Task No.
Task Description
6.0 Construction Phase Services
6.1 Construction Support
6.1.1 Attend Preconstruction Conference
6.1.2 Attend Public Meeting
6.1.3 Project Site Visits (None)
6.1.4 Submittal Review (None)
Request for Information/Change Order
6.1.5 Review
6.1.6 Final Walk Through and Punch List
6.2
Record Drawings
7.0 ROW/Easement Services
7.1 Right -of -Way Research
Right-of-Way/Easement Preparation and
7.2 Submittal (2 Parcels)
7.3 Temporary Right of Entry Submittal
Rate
8.0
8.1
8.2
8.3
9.0
1 9.1
9.2
9.3
9.4
9.5
9.6
9.(
Survey
Design Survey
Temporary Right of Entry Submittal
Construction Survey (None)
Permitting
SWPPP
Environmental Services
Floodplain Services
TxDOT!None)
Railroad (None)
TDLR (None)
ury of ron *ono rarKs conversion (none)
Totals
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
Basis for
Hour
Estimate
1 N/A
1 Ea
0
0
2
1
19
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
White Lake Hills Drainage Improvements
City Project No. 01850
Unit Project Senior/H&H
Manager Engineer
$190 3180
0 0
Ea
Ea
Sheet
Ea
3
1
0
12
4
4
4
Labor hours)
Project EIT/Design
Engineer Tech
$120- 5110
0 0
16
8
0 81
8
4
4
4
CADD Administrative
Total Labor
Cost
S90 S66 MWBE Non-MWBE
Expense
0 0
8
0 0
20 16
20 16
95 156 2421 182
Subconsultant
S0 S0 S0
SO
$0
s0
$0
$0
$0
$0
4 $21430 $4.000
$630
S0 $4,000
4_ $1,800
0 S03 541.250
$0,11 $34,914
$01 $6,336
SO)
Total Expense Task Sub Total
Travel Reproduction Cost
S0
S0 SO
S0
SO
12 $10�640 S0 30
12 $5.180
32,680
$2,680
50
S0
SO)
10)
38 $103,9001 $51,375 SO
S0
S0
So
SO
S0
$0
$0
$0
S0
$o
$0
$0
$4.000
$0
34,000
30 $41,250
$34,914
$6.336
$0
SO S0
S0
$0
$0
$0
$0,
30
SO
S1,034 552,409
Project Summary
Total Hours
Total Labor
Total Expense
MWBE Subconsultantl
Non-MWBE Subconsultantl
10% Sub Markup)
MWBE Participation
Total Project Cost
So
$0
30
$0
30
$0
$0
$0
$& 430
$630
s4,000
$1,B00
$41.,250
$34,914
$6,336
$0
5101540
55.180
$2,_280
$2.680
$0
$0
S0
50
5156,509
832
$103,900
$52,409
$51,375
$0
$5,138
31.8%
$161,447
3 of 3
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
White Lake Hills Drainage Improvements Project
City Project No. 01850
None
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05,19.2010
Page 1 of 1
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
Attachment D - Project Schedule
FORT WORTH
This PROTECT requires a Tier 3 schedule as defined herein and in the Citti's Schedule Guidance
Document
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described m this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive As the Work progresses
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
•
•
•
•
Changes in the critical path,
Expected schedule changes,
Potential delays,
Opportunities to expedite the schedule,
Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 1 of 2
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 2 of 2
00-09000L-S7Welld ONIA3/A2:I/7S '032:/ X1 6917-3 Weld SNI b'33NI JN3 'S32:1 XL
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5
0
KEY TO FEATURES
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1 inch = 333 feet
EXHIBIT E-2
WHITE LAKE HILLS
DRAINAGE IMPROVEMENT
KEY TO FEATURES
C3LIMITS OF PROJECT
NOTES
BACKGROUND IMAGE FROM
BING AERIALS
0
Pacheco Koch
DALLAS r FORT WORTH r HOUSTON
11/15/2011
DATUM
NAD 1983 TEXAS STATE PLANE
NORTH CENTRAL ZONE FIPS 4202
250 500
Feet
1 inch = 250 feet
TX REG. SURVEYING FIRM LS-100080-00
TX REG. ENGINEERING FIRM F-469
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/21/2012
DATE• Tuesday, February 21, 2012 REFERENCE NO.: **C-25443
LOG NAME: 20DESIGN WHITE LAKE HILLS
SUBJECT:
Authorize Execution of an Engineering Agreement in the Amount of $161,447.00 with Pacheco Koch
Consulting Engineers, Inc., for Preliminary Analysis and Engineering Services for the White Lake Hills
Drainage Improvements Project (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an Engineering Agreement with Pacheco
Koch Consulting Engineers, Inc , in the amount of $161,447.00 for the Preliminary Analysis and Engineering
Services for the White Lake Hills Drainage Improvements project.
DISCUSSION:
The Engineenng Agreement recommended by this Mayor and Council Communication will provide for
preliminary analysis and engineering services for the White Lake Hills Drainage Improvements. This project
is needed to mitigate hazards to motorists caused by storm water overtopping the road as well as home
flooding.
The preliminary analysis and engineering services will identify flooding areas and deficiencies in current
drainage facilities. Pacheco Koch Consulting Engineers, Inc , (Pacheco Koch) was selected to design this
project based on a Request for Qualifications (RFQ) process. Upon completion of preliminary analysis and
engineering services, it is anticipated that this contract will be amended to secure final engineering design
services.
Pacheco Koch proposes to perform the preliminary analysis and engineering services for a lump sum fee of
$161,447.00. City Staff considers the fee to be fair and reasonable for the scope of services proposed.
Funding for this project is being provided from revenue bonds in the Storm Water Capital Projects Bond
Fund.
Pacheco Koch Consulting Engineers, Inc , is in compliance with the City's M/WBE Ordinance by committing
to 32 percent M/WBE participation on this project. The City's M/WBE goal on the project is 27 percent.
Additionally, Pacheco Koch Consulting Engineers, Inc., is a certified M/WBE firm
This project is located in COUNCIL DISTRICT 4, Mapsco 65S, 65T, 65W and 65X.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Storm Water Capital Projects Bond Fund.
FIJND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Originating Denartment Head:
Additional Information Contact:
ATTACHMENTS
1. 01805 MWBE Comnliance.ndf
2. FAR-01850 00001—Design.ndf
3.MAND C01850Ddf
4.P227-485249-201289990100.doc
P227 531200 204280185030 $161.447.00
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Ryan Hague (8176621201)