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Home My WebLink AboutContract 44752 (2)- �� __ - �rs,�� •� ,� . .�: �. '� � ; ' .i 1';�i, 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 Dunaway Associates, L.P., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Water Main and Sanitary Sewer Relocations Along F.M. 156 from State Highway 114 to Martin Ranch Road. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation � The ENGINEER's compensation shall be $196,487.00 as 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 AGREEMENi. Invoices are due and payable within 30 days of rereipt. (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 of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 08/09/2012 Page 1 of 16 � ' t� Y��■ �� , i �� ; '� � 1�i1�7 � �� UI� ti = No interest will accrue on any contested portion of the billing until mutualiy resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. tn 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. � 1-� C. General engineering engineering consultation and advice and furnishmg customary services incidental thereto. The ENGINEER will serve as the CITY's professional representative under this Agreement, providing professional 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. 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 wark to be p�rformed hereunder. The ENGINEER shall also advise (2) the CITY concerning the results of same. iuch surveys, tests, and investigations shall be furnished by the CITY, unle�s atherwise specified in Attachment A. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 2 of 16 � r observations, Because of exploration, and investigations have been made. 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. � E. 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. 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, wi(I be in accordance with the Contract Document�, nor shall anything in the �ontract Documents �r the agreement b�tween CITY and EN�INEER be construed as requiring ENGINEER to rnake exhaustive or cantinuous 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Officia) Release Date: 08/09/2012 Page 3 of 16 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. (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 contractar 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 now or for what purpose the canstruction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CIiY 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 08/09/2012 Page 4 of 16 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 are incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such �ubcc�nsultant, invalving transactions to the subcontract, and further, that the CITY shall h�ve access during normal working hours to all subconsultant facilities, and shall be provided adequate and �ppropriate 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. City of Fort Worth, Texas Standard Agreement for E�gineering Related Design Services PMO Official Release Date: 08/09/2012 Page 5 of 16 (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 pubiished in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a$2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other 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 I�ss than $1,OOQ,000 each accident. Such insurance shall cover liability ari�ing out of "any �uto", including owned, hir�d, and non-owned autr�s, when s�id vehicle is used in the course of the PRQJECT. If the engineer owns no vehicles, coverage for hired or non-awned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: OS/09/2012 Page 6 of 16 extent these damages are covered by the business auta 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance �overage specified in this agreement �re pravided under �pplicable pr�licies documenfed �hereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: 08/09/2012 Page 7 of 16 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 C ITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on claims-made basis, shall contain a retroactive date coincident with prior to the date of the insurance shall claims-made. state both 0 �•Ti contractual agreement. The certificate of the retroactive date and that the coverage is 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 sh�ll nat be responsible for the direcf paym�nt of any insurance pr�miums 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: OB/09/2012 Page 8 of 16 sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. Independent Consultant L. The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. Disclosure M. 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 properiy 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. 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 whi�h the ENGtNEER could nat have been reasonablv aware of. the ENGINEER shall natifv fhe CITY of such changes and an adjustment in compens�tion will be made thr�ugh an amendment to this AGREEMENT. Schedule � City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 9 of 16 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. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; abtain advice of an �ttorney, insurance counselor, accountant, auditor, bond and financial �dvi�ors, and ather consultant� as the CITY deem� appropriate; and render in writing decisions required by the CIiY in a timely manner in accord�nce with the project schedule prep�red in acc�rdance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08l09/2012 Page 10 of 16 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. C7nly the CITY will be the beneficiary of any undertaking by the ENGINEEF2." (2) This AGREEMENT gives no rights or benefits to anyone c�ther 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: 08/09/2012 Page 11 of 16 (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 . _ . -�. ' • • Am�ndments io Article VI, if any, are included in Attachment C. . ; � ; � � � � ,,� ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 72 of 16 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 per�onnel to document the work underway at the time of fihe CITY'S terrnination for convenience so that the work effort is suitable fc�r I�ng time storage. (3) Prior to proceeding with termination services, the ENGINEER will subrnit to the CITY an itemized statement of all termination expenses. The CITY`S approval will be obtained in writing prior to proceeding with termination services. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09I2012 Page 13 of 16 � 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 o�cers, 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 litigatian related to this AGREEMENT �hall be Tarrant Cc�unty, Tex�s. City of FoR Worth, Texas Standard Agreeme�t for E�gineering Related Design Services PMO Official Release Date: 08/09/2012 Page 14 of 16 J. K. 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. 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 itsetf 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 �chedule Atta�hm�nt E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Re�ated Design Services PMO Official Release Date: OS/09l2012 Page 15 of 16 Executed and effective this the ��%��;f�day ��L�., 20.�� , ;. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 2 3 /,3 BY: ENGINEER �una� Associates, Inc. � � r Brian S. Darby, Associate Date: E. APPROVAL RECOMMENDED: �By• ► S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: C-26378 �-�.c� vs � La� L o/ 3 M&C Date: �s�--1�,� By: . . ac „� , �ti��r� n� � ��/�- Assistant City Attorney ATTEST: \? J. City City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO O�cial Release Date: OB/09/2012 Page 16 of 16 �� .� � •.. , •..�= �, . ...• • �Y , f �.�rv: , rr','. � �TFi. ci� � ,.�. • � `' 1� � ,� � ! ' , ATTACNMENTA DESIGN SER410E5 fOR STATE HIGHWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PROJECT NO.: 01515 ATTACHMENT A Scope for Enqineerinq Desian Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR State Highway 114 Water and Sanitary Sewer Relocation Part 3 CITY PROJECT NO.: 01515 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 ciearly define the work to be performed and address the needs of the Project. •• • : • • �-i� _�� Task 1. Task 2, Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. Task 9. Design Management Conceptual Design Preliminary Design Final Design Bid Phase Services Construction Phase Services ROW/Easement Services Survey and Subsurface Utility Engineering Services Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, • communicate effectively, 1.1. . . . . ■ 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 Lead, manage and direct design team activities Ensure quality controi is practiced in performance of the work Communicate internally among team members Task and allocate team resources City of Fort Worfh, Texas Attachment A PMO Release bate: 07.23.2012 Page 1 of 14 ATTACHMENT A DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PRO)ECT NO.: 01515 1.2. 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 • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Comp�ete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately refiected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 12 MWBE reports will be prepared • 4 meetings with city staff DELIVERABLES A. Monthly invoices B. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENTj. The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to • Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfutly addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 2 of 14 ATTACHMENT A DESIGN SERVICES FOR STATE NIGHWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PROIECT NO.: 07575 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will aiso identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will afso include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2. Geotechnicallnvestigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.3. The Conceptual Design Package shall include the following: • Graphic exhibits. • Proposed phasing of any water and sanitary sewer work that is included in this project. • Estimates of probable construction cost. ASSUMPTIONS • 0 Geotechnical borings are expected for this project. • 1 copy of the conceptual design package (30% design) will be delivered. Drawings will be half size. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERAB�ES A. Conceptual Design Package 1 . 111 � - � ; A , .. ! � .. .* . . Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 3 of 14 ATTACHMENTA DESIGN SERVICES FOR STATE NIGNWAY 774 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PRO)ECT NO.: 01515 3.1. Development of Preliminary Design Drawings and Specifications shall include the foilowing: � Cover Sheet • A Proiect Control Sheet, showing ali 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 proiect easement lavout sheet(s) with property owner information. • Overall proiect water and/or sanitary sewer lavout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet — two or more. • Bearinqs aiven on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement af existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans andlor specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 14 ATTACNMENTA DESIGN SERVICES fOR STATE NIGHWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITV PROJECT NO.: 01515 realignment of the existing pubiic sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cieanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. if the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed}. The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may included connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF file� should be created directly from the CAD files as opposed to PDF files. �, �.... .:: •.... • .. • 1 sets of half size plans will be de�ivered for the Preliminary Design (60% design). City of Fort Worth, Texas Attachment A PMO Release Dale: 07.23.2012 Page 5 of 14 ATTACHMENTA DESIGN SERVICES FOR STATE HIGHWAY 714 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PROIECT NO.: 01515 • 1 sets of specifications wiil be delivered for the Preliminary Design (60% design). • The CITY's front end and technical specifications wili be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shali not proceed with Final Design activities without written approval by the CITY of the Pre�iminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Estimates of probable construction cost TASK 4. FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • For projects that disturb an area greater tnan one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Deve/opment and Construction which will be incorporated into the SWPPP by the contractor. • The ENGINEER shall submit Construction Documents (100%) to the CITY perthe approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with the 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 1 sets of full size drawings and 1 specifications will be delivered for the 100% Design package. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 14 ATTACHMENTA DESIGN SERVICES FOR STA7E HIGHWAY 114 WATER AND SANITARY SEWER REIOCATION PART 3 CITY PROJECT NO.: 01575 • Sheet Number Sheet Title 1 Cover Sheet 2 Legend / Index 3 General Notes 4 Key Map 5 Control Layout 6 Easement Layout 7 Abandonment Layout 8 Water Vaive Isolation Layout 9 to 20 Construction Sequencing 21 to 32 Plan & Profile 33 iSWM Construction Plan 34 Details ,� � : A. 100% construction plans and specifications. B. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. C. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a.PDF file. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all p�an holders. • Attend the bid opening in support of the CITY. + Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 7 of 14 9 ATTACNMENTA DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER REI.00ATION PART 3 CITY PROIECT NO.: 01515 Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be upioaded into the project's Bid Results folder on Buzzsaw. • �ncorporate up to two (2) addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Sinqular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example —"W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original pian set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example —"X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shali be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shail be upioaded to the project's Final Drawing folder in Buzzsaw. 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as foilows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name —"W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. City of Fort Worth, Texas Attachment A PMO Reiease Date: 07.23.2012 Page 8 of 14 ATTACHMENT A DESIGN SERVICES FOR STATE HIGNWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PROJECT NO.: 01515 II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name —"X- 12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Pubiic Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project uniess the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 10 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 1 sets of fuli size and 1 sets of half size drawings plans and 1 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. 6.2 Record Drawings s The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Finai Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-�ine Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions Ciry of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 9 of 14 ATTACHMENT A DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER REIOCATION PART 3 CITY PROIECT NO.: 01515 • The ENGINEER shall modify the Finai Drawings electronically and shali piace a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall cleariy indicate all changes which appiy to that sheet by clouding and numbering, or other suitabie means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. 2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Sinqular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example —"W-1956_rec47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf II. Water and Sewer file name example —"X-35667_rec36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf �oth PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • One copy of full size (22"x34") mylars will be delivered to fhe CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 14 ATTACHMENT A DESIGN SER4ICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER RELOChTION PART 3 CITY PROJECT NO.: 01515 DELIVERABLES A. Record Drawings on Mylar TASK 7. ROW/EASEMENT SERVICES. ENGINEER wiii support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shail determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations wili 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 ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The docurnentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates availab�e on the CITY's Buzzsaw site. ASSUMPTIONS • 6 Easements or right-of-way documents will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal [7istrict (TAD) information available at the start of the project and available on-ground prnperty 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. ,� - • - A. Easement exhibits and meets and bounds provided on CITY forms. Ciry of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 14 ATTACNMENTA DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER RELOCATION pART 3 CITY PROJECT NO.: 01515 TASK 8. SURVEY SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform fieid 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 shail include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X�, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - No less than two horizontal bench marks, per line or location. - Bearings given on all proposed centerlines, or baselines. - Statian equations relating utilities to paving, when appropriate. , , i • Topographic survey at intersection will include no more than 1Q0 ft. in each directidn. � -�. A. Copies of field survey data and notes signed and sealed by a licensed surveyor. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 12 of 14 ATTACHMENTA DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITARY SEWER RELOCATION PART 3 CITY PROJECT NO.: 07515 B. Drawing of the project layout with dimensions and coordinate list. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existina Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of-entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to sup�ort, prepare, document, bring, ciefend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 13 of 14 ATTACHMENTA DESIGN SERVICES FOR STATE HIGHWAY 114 WATER AND SANITpRY SEWER RELOCATION PART 3 CITY PROJECT NO.: 01515 • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • SWPPP inspection services are not included. it is understood that the contractor will provide this service during construction. • Anything not specifically defined as included in Tasks 1-8 above shali be considered not included in the scope of this contract. m City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 14 of 14 � ATTACHMENT B COMPENSATION Design Services for State Highway 114 Water and Sanitary Sewer Relocation Part 3 City Project No. 01515 l.ump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $196,487.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1. B. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. C. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. City o( Fort Worth, Texas Attachment 8 PMO O�cial Release Date: 8.09.2012 Page 1 of 3 i Y ATTACHMENT B COMPENSATION III. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, Design $158,612 81 % L.P. Proposed MBE/SBE Sub-Consultants Gorrondona & Survey & Easements $37,875 19°/o Associates, inc. Non-MBE/SBE Consultants TOTAL $196,487 100% Project Number 8� Name Total Fee MBE/SBE Fee MBE/SBE % State Highway 114 Water and Sanitary $196,487 $37,875 19% Sewer Relocation Part 3 City MBE/SBE Goal = 17% Ciry of Fort Worth, Texas Attachment B PMO O(ficial Release Date: f1.09.2012 Page 2 of 3 Consuitant Committed Goai = 19 % : � EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and ailocations of budgets across work types and work phases. 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'J` :,' � � .; � - - :� �' �-1� � q .. - . ' � •. _ - ' ' �'„� �., *�' � � - . . .. d F ; �, r . � .- . . � �_ y-.• i y� ' � �,r . . - - - -- �.s_ . . �� 1 . _ . .' . - - � _.s '� PROPOSE� WATER LINE - � PROPOSED SEWER LINE City of Fort Worth, Texas Mayor and Councii Communication COUNCI� ACTIC?N: Approved on 8/6/2013 DATE: Tuesday, August 06, 2013 LOG NAME: 60WSFM156-DUNAWAY REFERENCE NO.: **C-26378 SUBJECT: Authorize Execution of an Engineering Agreement with Dunaway Associates, L.P., in the Amount of $196,487.00 for Water Main and Sanitary Sewer Relocations Along F.M. 156 from State Highway 114 to Martin Ranch Road, Provide for Project Management, Real Property Acquisition and Utility Coordination Costs for a Project Total in the Amount of $218,487.00 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Engineering Agreement with Dunaway Associates, L.P., in the Amount of $196,487.00 for water main and sanitary sewer relocations along Blue Mound Road, F.M. 156 from State Highway 114 to Martin Ranch Road. DISCUSSION: In order to facilitate the widening of F.M. 156 from State Highway 114 to Martin Ranch Road by the Texas Department of Transportation, it is necessary to relocate the existing City is 24 inch water and 18 inch sanitary sewer mains that are in direct conflict with the proposed highway improvements. The services to be provided include the following: . Design survey . Preparation of plans and specifications . Preparation of easement documents, permits and . Geotechnical engineering • Subsurface utility clearance utility relocation Agreement Dunaway Associates, L.P., proposes to provide the necessary engineering services for a lump sum fee of $196,487.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $22,000.00 (water: $12,000.00, sewer: $10,000.00) is required for project management. M/WBE Office - Dunaway Assaciates, L.P., is in compliance with the City's BDE Ordinance by committing to 19 percent S�E participation on this project. The City's SBE go�l on this project is 17 percent. The project is located in COUNCI� DISTRICT 2. FISCAL INFORtVIATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. FUND CENTERS: I,��Jna�ne� fi�W�FM15F-f�TTNAWAY o.,,.,, � ,.�� TO F .�nc!/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P253 531200 602140151531 P253 531200 602140151532 P253 531200 602140151533 P253 531200 602140151551 P258 531200 702140151531 P258 531200 702140151532 P258 531200 702140151533 P258 531200 702140151551 Fernando Costa (6122) S. Frank Crumb (8207) Roberto Sauceda (2387) ATTACHMENTS 1. 156. 60WSFM156-Dunawa rL(FAR funds verification JCT 7-16-2013 docx 2. 60WSFM156 DUNAWAY MAP.qdf (Public) 3. 60WSFM156-DUNAWAY COMPLIANCE.pdf (CFW Internal) 4. FAR-00007 CIP#01515 P253.pdf (CFW �nternal) 5. FAR-00008 CIP#01515 P258.bdf (CFW Internal) (CFW Internal) 36 902.00 73 802.00 $12,301.00 29 372.00 10 682.00 21 364.00 3 561.00 8 503.00 T.nsrnamP• h(1WCFM15F_Ili(1�TA�h1�1V r,___ �, _r�