HomeMy WebLinkAboutContract 39373 ,ITy " C°RETARY
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Lee Engineering, LLC, (the "ENGINEER"), for a PROJECT generally described as: Terrell
Heights Street Light Project.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) 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 M. after giving
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 29
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
6.30.09
Page 2 of 29
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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 3 of 29
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
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, the City has goals for
the participation of minority business enterprises and woman business
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 4 of 29
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or
the commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 5 of 29
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This
insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and,
if necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto", including owned, hired, and non-owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non-owned is acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability,
a claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 6 of 29
the contract or the first date of services to be performed, whichever is
earlier. Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on 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,
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 7 of 29
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.
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 8 of 29
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER'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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 9 of 29
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 10 of 29
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by
the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. 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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 11 of 29
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated 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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 12 of 29
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 13 of 29
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
6.30.09
Page 14 of 29
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/
Additional Contract Provisions for Construction Contracts
Attachment D - Project Schedule
Attachment E - Location Map
rr��
Executed in Fort Worth, Texas, this the2 day of A.D., 2009.
Lee Engineering, LLC APPROVED:
CITY OF FORT WORTH
By: By�v�..�.ls
Dharmesh Shah, PE, PTOE Fernando Costa
Project Maner Assistant City Manager
vicPre ag
e_-
si e n t
APPROVAL RECOMMENDED
\r
By: By: l
Y\ A rclk"�S
William . Verkes irector Marty Hendrix
Transportation & Public Works Dept City Secretary
APPROVED A TO FORM AND LEGALITY: M&C C- (October 13th, 2009)
Contract Authorization
By:
Amy J. R sley
Assistant City Attorney
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 15 of 29
k �
,Y'y,i� {
1
. _ � - z+•
ATTACHMENT "A"
Scope for Engineering Design (Plans, Specifications, and Estimates) Related Services for
Roadway and Pedestrian Street Light Installation in Terrell Heights Historic District
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.
t1NSTRUCTIONS to ENGINEER. Using the following format and guidance, clearly describe
the work that you will perform to fulfill this contract. The scope is organized by the typical
key activities in a project. For activities in this scope, provide detail on the work that will be
performed, key assumptions, and deliverables. Simply delete those activities that are not
applicable to this contract. Activities and deliverables that are highlighted in yellow are
REQUIRED and should not be revised or deleted without prior approval of the CITY's
Project Manager.]
OBJECTIVE
Design roadway and pedestrian street light plan set for the Terrell Heights Historic District
including specifications and estimates according to AASHTO Roadway Lighting design
standards and the City of Fort Worth Street Light and Traffic Signal policies. The Terrell
Heights Historic District is defined as the area bounded by Rosedale, Evans, Vickery, and
the RR tracks and is shown in the attached exhibit. This project does not include arterial
lighting for Rosedale, Evans, or Vickery. The street light design should include, but is not
limited to the following:
WORK TO BE PERFORMED
The Engineer will perform the following tasks.
Task 1. Project Management
Task 2. Land Surveying, Sub Surface Utility Engineering, and Base Map Preparation
Task 3. Concept Design Meeting
Task 4. Lighting Analysis and Calculations— Photometric Plan
Task 5. Electrical Design
Task 6. Design Plan Preparation
Task 7. Prepare Record Drawing — Phase I
TASK 1. PROJECT 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 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.
• Managing the Team —The ENGINEER will perform the following tasks to manage the
team.
o Lead, manage and direct design team activities
o Ensure quality control is practiced in performance of the work
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 16 of 29
o Communicate internally among team members
o Task and allocate team resources
• Communications and Reporting
o The ENGINEER will attend a kickoff and chartering meeting with CITY staff to confirm
and clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
o Conduct and document biweekly meetings with CITY Project Manager
o Conduct and document weekly design team meetings
o Prepare invoices and submit monthly in the format requested by the CITY.
o Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
o 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.
o Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project
o Coordinate with other agencies and entities (i.e. utility companies) as necessary for the
design of the proposed infrastructure, and provide and obtain information needed to
prepare the design
o 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.
• Deliverables
A. Meeting summaries with action items shall be prepared for all meetings with CITY staff
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or anticipated
schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. LAND SURVEYING, LEVEL B SUE, AND BASE MAP PREPARATION
• Land Surveying - The following itemized surveying services will be along New
York, Hattie, Virginia and Pulaski in the study area as well as Humbolt from Evans
to New York, Verbena from Evans to New York, Dashwood from Evans to New
York, and Terrell from Evans to New York:
o Research property owners per TAD and obtain copies of subdivision plats.
o Locate enough property corners to establish property lines and existing right-of-way
lines. Prepare a property map of the existing right-of-way showing lots numbers and tax
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 17 of 29
ownership information of the parcels of land affected by the project. Deliverables
include a property map to overlay onto the topographic survey prepared in a
MicroStation V8 drawing file.
o The horizontal control shall be NAD83, North Central Zone.
o Provide a topographic survey of the proposed lighting project with the limits identified
above (being approximately 12,895 linear feet). The topographic survey shall be from
back of curb to right-of-way line on each side of the roadway. The topographic survey
shall include, but not limited to, locating all existing features such as water valves, water
meters, back of curb, asphalt, sidewalks, fences, driveways, storm & sewer manholes,
inlets, trees 6" and larger, power poles, mailboxes, signs, telephone risers and other
visible features.
• Subsurface Utility Engineering QL"B" — The ENGINEER will perform this work in
general accordance with the recommended practices and procedures described in
ASCE Publication CUASCE 38-02 (Standard Guideline for the Collection and
Depiction of Existing Subsurface Utility Data). The limit of SUE work consists of
along Humbolt from Evans to New York, Verbena from Evans to New York,
Dashwood from Evans to New York, and Terrell from Evans to New York.
o The ENGINEER will utilize geophysical prospecting equipment to designate the
horizontal position of existing underground utilities that are within the existing ROW.
This level of work includes acquiring "as-built" documentation from utility companies
and making the initial contact with their representatives. For the streets indicated in
Phase I, only along Pulaski were there indications of utilities, (gas line) between the
back of curb and the sidewalk. It appears the other streets in Phase I utilize a utility
alley between the houses or aerial lines to provide utility service. Within the street
water and sanitary sewer lines exist with services running to each home.
• Base Map Preparaion - The Engineer will perform the following tasks to prepare
base maps for the entire study area.
o Obtain as-built plans, ROW information, and 2009 aerial maps (including planimetrics
etc.) from the City.
o Obtain CAD standards from the CITY and setup file structure and CAD environment.
o Utilize the survey and SUE information (identified above) and aerial maps to prepare
preliminary base maps. Incorporate ROW and utility information as well as draw
existing sidewalks into base maps.
o Contact utility companies in the area to locate existing utilities.
o Conduct field visit of the area to verify information on the base maps and to photograph
key features of all streets in the study area. The following items will be noted on the
aerial maps:
- Proximity of retail establishments
- Proximity of recreational facilities
- Existing lighting pattern in the area including pole spacing and pole location (street
corners only or continuous etc.)
- Existing sidewalk and ramp locations as well as existing landscaping near the street
that may impact lighting
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 18 of 29
o Incorporate field notes into the base maps and finalize base maps.
o Obtain any available historical crash data, traffic volumes and pedestrian volumes data
from the City. The count data will be reviewed to identify high traffic volume and
pedestrian volume streets/intersections.
• Assumptions
o Survey and SUE will only be performed for the street segments identified above in this
task.
• Deliverables
o Deliverables shall include a MicroStation V8 drawing file showing all of the features
located. Provide copies of the survey field notes, a hardcopy of the coordinates and an
ASCII file of the coordinates for the points located.
TASK 3. CONCEPT DESIGN MEETING
After completing field visit and review of existing conditions and volumes, ENGINEER
will prepare for and conduct a concept design meeting with the City of Fort Worth staff
to establish illumination design criteria for the project. This project will follow AASHTO
requirements. The Engineer will review the following items and present their evaluation
during the meeting.
o Review AASHTO Design Standards as they related to roadway and sidewalks. Based
on discussions with the CITY staff, light level requirements for different streets will be
established.
o Review Illumination Engineers Society (IES) Standards and present guidance for
vertical illuminance requirements on pedestrian ways. Based on input from the CITY
staff, vertical light level requirements will be established for different streets in the
project area.
o Review CITY's preference for poles and fixtures and identify pole heights based on light
level requirements. In addition, City's guidelines regarding pole spacing including the
need for continuous or partial lighting (street corners only) will be discussed.
o Review CITY's electrical system requirements including service voltage (240/480),
services type (pedestal mount, overhead etc.), voltage drop allowance, and
maintenance preferences. In addition, local utility provider contact information will be
obtained from the City and utility coordination protocol will be established.
o Identify design challenges such as street layouts, landscaping, adjacent development,
etc. that will impact light patterns.
o Identify streets in Phase II and Phase III for which photometric plans will be prepared.
The ENGINEER shall produce a photometric plan for the entire Phase I.
• Assumptions
o CITY standards for electrical service requirements are available.
TASK 4. LIGHTING ANALYSIS AND CALCULATIONS — PHOTOMETRIC PLAN
The ENGINEER will perform light level calculations using AG132 or similar lighting
calculation program to determine optimum pole spacing with respect to maintaining
required average light levels, and uniformity ratios and minimizing glare and light
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 19 of 29
pollution. As part of the light level calculations, the ENGINEER will consider the
following items.
- Ballast type and rating — Voltage drop affects light output differently for various ballast
types
- Use of maintenance factors for specific conditions of the project.
- Lamp Lumen Depreciation (LLD); Degree of Luminaire Dirt Depreciation (LDD)
The ENGINEER will submit photometric plans showing light levels for Phase I area and selected
street sections (a total of six streets) for Phase II and Phase III. The plans for Phase I will include
all existing base maps. The ENGINEER will meet with the CITY to discuss photometric plans and
to finalize light level requirements.
The ENGINEER will also prepare a Design Concept Report identifying design guidelines
established during the concept design meeting. This report will also include engineering reasons
for the proposed illumination layout. The report will be submitted to the CITY for review and will
be finalized after incorporating City's comments.
• Assumptions
o The ENGINEER shall submit one PDF electronic copy of the photometric plans
through BUZZSAW and up to two 11" X 17" paper copies for review by the City.
This will be considered 30% submittal.
o The ENGINEER shall meet once with the CITY to review their comments.
Following the meeting, the ENGINEER shall incorporate CITY's comments and
submit final photometric plans.
• Deliverables
A. Final photometric plans and report
TASK 5. ELECTICAL DESIGN
• The ENGINEER shall coordinate a field meeting with the City to determine electrical
service locations.
• The ENGINEER shall perform all necessary electrical service calculations, circuit
designs, and voltage drop calculations.
• The ENGINEER shall submit all electrical calculations spreadsheets to the CITY for
review.
• Assumptions
o The ENGINEER shall submit all electrical calculations spreadsheets to the CITY.
o The ENGINEER will incorporate review comments on electrical calculations from the
CITY and submit updated calculations spreadsheets.
o The CITY shall submit electrical service calculations and circuit designs to utility
companies for approval.
• Deliverables
A. Electrical design calculations shall be submitted by posting a pdf in BUZZSAW.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 20 of 29
TASK 6. DESIGN PLAN PREPARATION
ENGINEER will prepare and submit 90% and 100% plans, quantity estimates, and
engineer's opinion of probable cost for each phase (Total — 3 Phases) as follows:
The PS&E shall include the following:
• Title Sheet
• Estimate Summary Sheet
• General Notes Sheet
• Existing Conditions Layout showing utility lines, illumination, warning flashers,
and any removals (if necessary).
• Illumination Layout showing existing utilities (utility poles, street lights, storm
drains, fire hydrants, etc.), proposed illumination poles and fixtures, conduit, ground
boxes, power sources with distribution to signal service, electrical service, conduit
and cable chart, pole location chart, and all other items required for the complete
construction of the roadway and pedestrian lighting.
• Street Lighting Standard Detail Sheets
• Preliminary Opinion of Probable Construction Cost
• Assumptions
o The PS&E shall be prepared in accordance with the applicable requirements for
CITY plans, details, specifications, standards, and manuals.
o The ENGINEER will review the general notes, street lightingl specifications, and
standard general provisions supplied by the CITY for applicability and modify (if
necessary). The ENGINEER will identify any design exceptions to CITY Standards
in the 90% design phase.
o Existing street lighting specifications and standards furnished by the CITY will be
used for design plans, unless otherwise requested by the CITY in writing.
These include:
- Example plan set illustrating desired format for each type of plan sheet to be
developed by the Engineer.
- Example City standard street lighting construction details, specifications, and
Contract Documents.
o For Phase I of the project, survey and SUE data collected by the ENGINEER will be
utilized as the basis.
o For majority of the street segments in Phase II and Phase III of the project Record
Drawings prepared by others (CITY or representative) and aerial photography will
be used as the basis. For those street segments where ENGINEER will not perform
Survey and SUE services, It is assumed that no Microstation CAD files will be
available and all base files will be recreated from hard copies of record drawings or
aerial maps made available by the CITY.
o The plans, standards and any special specifications will be prepared using English
units.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 21 of 29
o All Microstation CAD standards and level symbology will follow CITY requirements.
o THE ENGINEER will field locate each pole to ensure constructability of the design.
The CITY staff will meet with the ENGINEER in the field to resolve issues at critical
locations.
o The ENGINEER will incorporate review comments and submit 90% PS&E to the
CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 — 11" x 17"
paper copies).
o The ENGINEER will prepare for and attend one (1) meeting with the CITY to review
and reach concurrence regarding the 90% PS&E review comments.
o The ENGINEER will incorporate review comments and submit FINAL (100%) PS&E
(1 — PDF electronic copy; 3 — 11" x 17" paper copies).
o The ENGINEER will prepare and submit the quantity estimates and engineer's
opinion of probable construction cost spreadsheets prepared in Microsoft Excel for
each phase.
o The CITY will prepare all bid (contract) documents for bidding of the project.
o The CITY will prepare specifications for light poles and light fixtures and procure
them separately.
o The ENGINEER will provide the CITY a CD of the electronic Microstation
illumination design files, quantity estimates, and engineer's opinion of probable
construction costs for each phase (package)
• Deliverables
A. 90% Plans, Quantity Estimates, and Engineer's Opinion of Probable Cost
B. 100% Plans, Quantity Estimates, and Engineer's Opinion of Probable Cost
C. CD of the electronic Microstation traffic signal design plans, quantity estimates, and
engineer's opinion of probably construction costs for each phase.
Task 7. PREPARE RECORD DRAWINGS — PHASE I
• The ENGINEER will prepare record drawings following the completion of the construction
of Phase I (only) based upon information provided by the Contractor and/or CITY (1 — PDF
electronic copy and 1 — Microstation CAD file; 1 — 11" x 17" mylar; 3— 11" x 17" paper
copies).
• Deliverables
A. Record Drawings submitted through BUZZSAW.
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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 22 of 29
change to the Scope of the Project shall be agreed upon in writing by both parties before the
services are performed. These additional services include the following:
• Negotiation of easements/ROW or property acquisition.
• 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
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services 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.
• Performance of bidding services including preparation of technical specifications, contract
documents, pre-bid meetings, answers to contractor's technical questions, preparation of
addenda for bidding, preparation of bid tables, and construction inspection.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 23 of 29
ATTACHMENT "B"
Compensation
City of Fort Worth Roadway and Pedestrian Street Light Design-Terrell Heights Historic District
Person Hoar Estimate-Fee Estimate
Person Hours Fee Estimate
Task LEE Engineering r.1sTs
Perwrae Ow C7P Kit KP 1D ins Adnfm CADTach tB Ps P111 is
1- Pt*a ma nagarahlt _ so 32 a a a 3 f a 0 0 a 0 S 19470.aD
a BasReWPftatowaiso► - 13 rid D a 76 a a 96 0 0 0 0 S 30A65Aa
3, 45 a a a f a a a 55 30 s a S 27.94620
-: _ 44 a a a U f a a 36 u a 24 S 47,275.20
'.S - - 4 a a a 16 a a a 12 23 0 0 5 9,33720
6-._.. t plain p"Voramon - - 93 256 80 a 100 32 a 1.6D 58 32 25 24 5 123,70150
7 �ftaemd trams,- at B a a a 4a a a a 0 D 0 0 S 7,20a00
I So i 11,10MLIJ, M t W I a I4f S 297.0KID
"WS&*1110141=05 fm#"L*a""Wed"004 1,61XILOD
SitnAley11p1[E' U �Ad9�lN1 :::. S 2330D.aD
Total fee 5 291,MAD
apes OhWV erh Shaw 1P,Pmjac[Ur"ar
CP floc Pieoe.%QVK:E raw
t9 Kim bawmr,INm*Enpft� MWIBE u3mp'iance Perten[aps
tP IefE E1•nral Prspect 110134a90l Senor E9iprep ?Awn 5 73'.0mio
M 3Wwthadram*211-tw— Uaruaad— > 233aLLOD
its Jaiy SharR e}aN Qq Qt Tout WK Fea 5 94,39D.10
2n
tf ItulfueiettWrmrirtsoar+TidrPeader
AS fe4eat SraIL�ervosdan DesKr'ea
YN faprwrd Ma"O"
E QWW
The Engineer's total fee for the work identified in Attachment A will be $291,995.10 and will be billed as lump sum.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 29
ATTACHMENT "C"
Amendments to Standard Agreement for Engineering Services
Additional Contract Provisions for Construction Contracts
Terrell Heights Street Light Project
Under the provisions of 24 CFR 85, certain provisions are required for all contracts using grant
funds provided by the U.S. Department of Housing and Urban Development. In addition, these
provisions are incorporated into construction contracts to address certain contingencies which may
arise under the course of work for construction contracts. Contractor understands and agrees that
federal agencies funding the work under this contract, in whole or in part, as well as federal
regulatory agencies and the congress are permitted to require changes, remedies, changes
conditions, access and records retention, suspension of work, and other clauses approved by the
Office of Federal Procurement Policy.
Construction contracts are required to adhere to the following provisions:
1. Upon identification of possible breaches of contract, and prior to exercising its termination
rights under this Contract, City may elect to exercise any of the following administrative
remedies:
a. issuance of warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time
to correct the deficiency;
b. placing conditions upon award of future grants;
C. directing Contractor to stop incurring costs until the deficiency is corrected and
the correction is verified;
Cl. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to
Contractor.
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law or
this Contract for the enforcement of this Contract or the recovery of any damages relating
to Contractor's actions or inactions relating to the Program, CDBG funds, and/or this
Contract.
2. In addition to, and not in substitution for, other provisions of this Contract regarding the
provisions with CDBG funds, it is expressly understood and agreed by and between the
Parties that this Contract is wholly conditioned upon the actual receipt by City of CDBG
funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal
monies received under said grant and not from any other monies of City; and that if such
funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole
discretion, terminate this Contract and City shall not be liable for payment for any work or
services performed by Contractor under or in connection with this Contract.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 29
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All
construction contracts awarded in excess of $10,000 by grantees and their contractors or
subgrantees)
4. For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18
U.S.C. 874) as supplemented in 29 CFR Part 3
5. For construction contracts in excess of $2,000 awarded by Contractor when required by
Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented in 29 CFR Part 5
6. For construction contracts awarded by Contractor in excess of $2,000, and in excess of
$2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
327A 330) as supplemented by 29 CFR Part 5.
7. Notice to awarding Contractor requirements and regulations pertaining to reporting.
Contractor will submit to City on a weekly basis: (1) Payroll, (2) Statement of
Compliance-for each payroll, as applicable, for services and activities accomplished by
Contractor in performance of this Contract. Payroll and the Statement of Compliance must
be signed by a duly authorized agent of the Contractor and submitted each Friday of the
week following the week being reported.
8. All information and data arising from the work performed under this contract shall be the
property of the City of Fort Worth and may be subject to disclosure to third parties and
additionally may be subject to release to the public under the provisions of the Texas Open
Records Act. Contractor shall release and provide to the city or its authorized designee
all information and data related to performance of work under this contract. Contractor
shall not limit or attempt to limit access to information or data by the city nor shall
contractor obtain or attempt to obtain a copyright to such information or data. Contractor
understands and agrees that data may be released to third parties, including but not limited
to the federal Department of Housing and Urban Development at the sole discretion of the
city.
9. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall, at the sole
discretion of the city, be assigned to city upon demand. The city retains all rights to
intellectual property developed in the course of work of this contract.
10.In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall, at the sole discretion of the city, be assigned to city upon
demand.
11.City, HUD, and the United States Comptroller General, or their respective representatives,
shall have access for four (4) years following the termination of this Contract to any books,
documents, records and papers relating to the operations of Contractor under this Contract
for the purpose of audit, examination, exception and transcription at all of Contractor's
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 2 of 29
offices at all reasonable hours. This provision shall survive the termination or expiration of
this Contract.
12.All records pertaining to Contract, including but not limited to any books, documents, and
papers, shall be retained for four (4) years following the termination of this Contract.
Contractor may destroy Program records at the end of this four (4) year period if no
outstanding audit finding exists. This provision shall survive the termination or expiration of
this Contract.
13.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as
amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as
amended from time to time, and Executive Order 11738. In no event shall any amount of
the assistance provided under this Contract be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
14.Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FIR 8068, 8087, Mar. 11, 1988, as
amended at 60 FIR 19639, 19642, Apr. 19, 1995).
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 3 of 29
ATTACHMENT "D"
Proiect Schedule
City of Fort Worth Roadway and Pedestrian Street Light Design-Terrell Heights Historic District
Project Schedule
Project Scheduie
PHASE I Phase 11 B III
Project Duration week 1 Wawk 2 Wick 1 Welk Vk-ek 5 week 6 Week 7 Week 8 Week 9 Week 10 week 11 week 12 Week 13.16 weer t7-20 week 21-ZS week 2o-24
t
t Project nag�rMtht
2 t and Surveying,smE and
'base mzV Preparation
7 Concept Design meeting
MIN
Lighting Analysis and
4 Cakulavoi s-PMKometric
5 ELectric DeAp -am Om
9P?$Flasxs Renew 100?6 Plana
4 Design Plan Preparation %ith city
7 Record Drawings-Pahse I Peecrd Drawings at the end of Phase i carstruction
PK4SrE I Suet+"*g and SUE CavWlek by Week 4
Phase 190%Plans SL&mitial Week 10
Phase 11CO%Ptans Sdxrittal Whisk 12
Phase g and Phase■Detailed Schwbile will be developed once Phase 1 pLans area 100%oomplehe.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 29
ATTACHMENT "E"
Location Map
Terrell Heights Street Light Project'
DAGGETT�
-
DROADVVAY. R}-
w
S7ELLA'.. - W .J tr
3ESti4E •~
TL;IvKER 2!
ANNIEID
� w
i CANNON
= LEUOAF .ram
r # 7€#tRtt
TERREL� ac.
x HLIME10LT z
HL1I41D01-1 0 07 y
M D&•SHWQOD 3: crn Y
W C 0 Er Proposed Project Boudarles
a v
PU LASKI a J � r a OTERRELLHEIGHTS HISTORIC DISTRICT
Lu
} m REEA —EVANS&ROSEDALE URBAN VILLAGE
A HITE PROPOSED PHASE
RO EDA EE -PROPOSED PHASE II
PROPOSED PHASE III
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 29
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoR FI
COUNCIL ACTION: Approved on 10/13/2009
DATE: 10/13/2009 REFERENCE C-23845 LOG 17TERRELLHEIGHTSSTLIGHTPROJEC'
NO.: NAME:
CODE: C TYPE: NOW PUBLIC
CONSENT HEARING:NO
SUBJECT: Authorize the Change in Use and Expenditure of$720,000.00 in Community Developmen
Terrell Heights Street Light Replacement Project, Authorize a Substantial Amendment to
and Authorize an Engineering Design Agreement with Lee Engineering LLC, for$291,99r-_
Specifications and Estimates Related to the Roadway and Pedestrian Street Light Installa
Street Light Replacement Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a Substantial Amendment to the City's 2007-2008 Action Plan;
2. Authorize a change in use and expenditure of$720,000.00 of Community Development Block
Grant Funds for the Terrell Heights Street Light Replacement Project; and
3. Authorize the City Manager or his designee to execute an engineering design agreement with Lee
Engineering LLC for$291,995.10 for the preparation of construction plans, specifications and
estimates related to the roadway and pedestrian street light installation of the Terrell Heights Street
Light Replacement Project.
DISCUSSION:
The Historic Terrell Heights neighborhood is located in southeast Fort Worth in the Evans and
Rosedale Urban Village area. Currently, streetlights in Terrell Heights are either missing, out of
service, or architecturally inconsistent with the period style of the homes in the historic district overla,
The Terrell Heights Street Light Replacement Project (Project) will add and replace existing street
lights in order to promote a safer community and encourage additional development in the Historic
Terrell Heights neighborhood. The Project scope calls for retaining engineering consultant services t
design and prepare construction plans, specifications and estimates for construction bidding
documents. Construction and staff inspection are included in the Project scope.
Staff recommends the change in use and expenditure of$720,000.00 in Community Development
Block Grant (CDBG) funds for the Project . These funds were not designated for any particular
project and did not come from the administrative budget of the Housing and Economic Development
Department.
Staff recommends the use of CDBG funds to 1) hire a consultant to design and prepare construction
plans, specifications and estimates for the Project and 2) install an estimated (50) to (75) street light:
in the proposed Phase I area of the neighborhood. The boundary for Phase I consists of Terrell Stref
to the North, Bransford Street to the East, Rosedale Street to the South and Evans Avenue to the
West. Phase I is scheduled to begin in Fall 2009. Additional phases are planned using funding from
future CDBG grant years and program income from the sale of properties in the Evans and Rosedale
area originally purchased with CDBG funds. The Historic Southside Neighborhood Association, with
the approval of the Texas Historic Commission, selected the Acorn street light for the Project.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12452&councildate=10/13/2009 10/16/2009
M&C Review Page 2 of 2
Staff has selected Lee Engineering LLC to prepare the construction plans, specifications, and
estimates. Lee Engineering LLC is in compliance with the City's DBE Program by committing 37
percent DBE participation. The City's DBE goal for the Project is 18 percent.
A public comment period concerning the change in use of these funds was held from September 27,
2008 through October 27, 2008 and from June 11, 2009 through July 11, 2009. Any comments are
maintained by the Housing and Economic Development Department in accordance with federal
regulations.
The project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval the above
recommendations, funds will be available in the current operating budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206180140 $720,000.00 GR76 539120 005206180230 $600,000.00
GR76 539120 005206180050 $120,000.00
GR76 539120 005206180140 $291,995.10
Submitted for Ci Manager's Office� Thomas Higgins (6140)
OrigMating Department Head: Jay Chapa (6192)
Additional Information Contact: Leticia Hurtado (7319)
ATTACHMENTS
Terrell Heights Street Light Project._doc
http://apps.cfwnet.org/council.packet/mc review.asp?ID=12452&councildate=l0/13/2009 10/16/2009
Terrell Heights Street Light Replacement & Upgrade Project
Evans & Rosedale Area
PHASE I
F Terrell Heights Street Light Project cIL-P�as - ', -
_ -• �,
4 �
�+ Ack 4
t E 4 z
M � +
1 I AL
Ii�L3A , Q,-
�I IERRELL
tiA S FI 000 v f Proposed Project Boudarles
_Z. i Ln • ' Co. .4.— --0. . � r
F' Q, I ULA51 1�. , =TERRELL HEIGHTS HISTORIC DISTRICT I
1 � 1 EVANS&ROSEDALE URBAN VILLAGE 4
11EI �f PROPOSED PHASE I
yf I O � PROPOSED PHASEiI
�■ � 4iJH 17
PROPOSED PHASE III