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HomeMy WebLinkAboutContract 56060 CSC No.56060 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Dunaway Associates, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Walnut Creek Sanitary Sewer Extension. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $662,656.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. 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. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date: City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:May 7,2021 Page 1 of 14 FT. WORTH, TX Article IV Obligations of the Engineer 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 ENGINEER shall perform its services- (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. 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 Revised Date:May 7,2021 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 3 of 14 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 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 no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 4 of 14 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24535-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. 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 reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 5 of 14 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such 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. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 6 of 14 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 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; 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 7 of 14 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 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 8 of 14 I. 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. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions 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 CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 9 of 14 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall 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 The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 10 of 14 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. 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. I. 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. J. 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. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 11 of 14 or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the terra of the contract. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 12 of 14 This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:May 7,2021 Page 13 of 14 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER 8l� Dunaway Associates, LLC Dana Burgh doff(Jul 21,20 9:59 CDT) Dana Burghdoff Assistant City Manager Kervin M. Campbell, P.E. Jul 21,2021 Civil Engineering Executive Date: Date: July 14, 2021 APPROVAL RECOMMENDED: J(ar (Ju 11fi,1.1115:43 CDT) By. Chris Harder, P.E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting require ents. �ofSuby Varughese, P.E. Project Manager APPROVED AS TO FORM AND LEGALITY 880r, oa" "11,-111:11-1 By. Doug Black Senior Assistant City Attorney ATTEST: p�F F�RT� Form 1295 No. 2021-59119 O°°° °°lt,0a� Rcn�7 P.,cc�a1.ev o° °o RazId F.Gazzles(Ju121,2�2112:53C�T) �.o M&C No.: 21-0478 -ft0 Ronald Gonzales �w o o°00 d Acting City Secretary d� o°° 4 M&C Date: June 22, 2021 aa���00000 EXAsaap OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services CITY SECRETARY Revised Date:May 7,2021 Page 14 of 14 FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.:103414 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER EXTENSION FROM ALEDO ROAD/FM 2871 INTERSECTION TO WALSH RANCH DEVELOPMENT CITY PROJECT NO.: 103414 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. These services are for approximately 13,000 If of proposed 24-inch sanitary sewer interceptor. The purpose of the interceptor extension at the alignment described below is to collect sanitary sewer flow from future development within the City of Fort Worth's Sanitary Sewer CCN north and south of Aledo Road, west of RM 2871. WORK TO BE PERFORMED The proposed interceptor will tie into and originate at the existing 30-inch sanitary sewer S- 14179 immediately southeast of the intersection of RM 2871 and the Union Pacific Railroad. The alignment of the proposed interceptor will run within the existing Aledo Road ROW (Tarrant County maintained) to the west until Markum Ranch Road. At this point, the remainder of the proposed interceptor will be aligned within the Aledo Road ROW and turning north into Walsh property, or will be aligned within property north of Aledo Road, paralleling Walnut Creek and terminating within Walsh property. Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Geotechnical Engineering Services Task 10. Permitting Task 11. Additional Services TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 ■ communicate effectively, ■ coordinate internally and externally as needed 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend 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 ends of the 60% and 90% design phases. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly MWWBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 15 MWBE reports will be prepared • 2 meetings with city staff at the ends of the 60% and 90% design phases • 15 monthly project schedule updates will be prepared DELIVERABLES City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 A. Meeting summaries with action items B. Monthly invoices C. Baseline design schedule D. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly M/WBE Report Form and Final Summary Payment Report Form F. Plan Submittal Checklists (See Task 9) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be based on efforts that lead to defining this project. The main goal of this conceptual design will be to confirm alignment of the pipeline. The pipeline will be within the ROW of Aledo Road (Tarrant County maintained) from RM 2871 west until it passes the existing TRWD 96-in raw water pipeline. Up to 2 options for the remainder of the route west to the Walsh property will be studied, with a recommended option provided to the City. These 2 options will include: • The remainder of the proposed interceptor aligned within the Aledo Road ROW and turning north into Walsh property. • The remainder of the proposed interceptor aligned within property north of Aledo Road, paralleling Walnut Creek and terminating within Walsh property. The west end of the interceptor extension will be immediately west of the Walsh property line, immediately south of Walnut Creek. It will have a depth that will allow a future line to cross under Walnut Creek and tie into the interceptor manhole at that location. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will communicate with entities and agencies that will be impacted by the pipeline, as directed by the City, to obtain any existing infrastructure information needed for design. Such entities may include TRWD, City of Weatherford, City of Benbrook, Union Pacific Railroad, TxDOT, gas pipeline owners, and Tarrant County. • Level B SUE will be conducted along the pipeline route to determine horizontal locations of existing underground utilities, along with any vertical locations of these utilities that are available from records research. See Task 7 for scope of SUE. • A base map of aerial, available 2-foot LIDAR topo, GIS level property lines and information, and information gathered from the data collection and Level B SUE will be prepared. 2.2. Technical Memorandum • ENGINEER shall prepare a technical memorandum to provide the CITY with the following: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • Conceptual level plan and profile showing the alignment and options, along with crossings of existing infrastructure. • Listing of temporary and permanent easement needs. This listing will include contact names and phone numbers. • Listing of any environmental permitting needs. It is assumed that all construction activities can be covered under a Nationwide permit and that no individual permit or preconstruction notification will be required. Services associated with individual permit or preconstruction notification would be additional services. • Listing of permits needed from entities and agencies having jurisdiction. • Conceptual Opinion of Probable Construction Cost (OPCC). ASSUMPTIONS • 2 copies of the technical memorandum will be delivered. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Technical memorandum TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Protect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s) with property owner information. • Overall project sanitary sewer layout sheets. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • Coordinates on all P.C.'s, P.T.'s, P.l.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks— up to 5. • Bearings given on all proposed centerlines, or baselines. • Plan and profile sheets which show the following: proposed sanitary sewer plan/profile and pipe size, manholes, borings/tunnels/casings, pavement repair/replacement, 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 will prepare standard detail sheets for sanitary sewer line installation using CITY's standard details. 3.2. Utility Clearance • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in BIM360 for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.3. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's BIM360 website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • 0 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 sets of 11" X 17" size plans will be delivered for the Preliminary Design (60% design). • 1 set of specifications will be delivered for the Preliminary Design (60% design). • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM360. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • PDF set of plans will be uploaded to BIM to be used for utility clearance, and will also be copied to the City's utility clearance manager. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Traffic Control Plan C. Erosion and Sediment Control Sheets D. Estimates of probable construction cost TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • For projects that disturb an area greater than 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 Development and Construction which will be incorporated into the SWPPP by the contractor. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 2 sets of I V X 17" size drawings and 1 set of specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. • 2 sets of I V X 17" r size drawings and 1 set of specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • Plan set shall generally consist of 1 cover sheet, 1 legend and table of contents sheet, 1 general notes sheet, 3 key map sheets, 2 control point location sheets, 33 sewer plan and profile sheets, 10 traffic control sheets, 17 erosion and sediment control plan sheets, and 10 detail sheets. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM360 for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM360 in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM360. • 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 BIM360 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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 addenda. The ENGINEER shall upload all approved addenda onto BIM360 and mail addenda to all plan holders. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on BIM360. • Incorporate all 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. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_Org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_Org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in BIM360. 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 follows: City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 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. 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 Public Works Vault at telephone number(817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 2 sets of construction documents will be sold to and made available on BIM360 for plan holders and/or given to plan viewing rooms. • 6 sets of 11" X 17" size and 6 sets of 22" 34" size drawings plans and 9 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to BIM360. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. 6.1. ENGINEER will support CITY during the construction phase by providing necessary interpretations and clarifications of contract documents and reviewing shop drawings submitted by the construction contractor as requested by the CITY. 6.2. Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 15 ATTACHMENT DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place 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 clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable 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. • Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_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 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. ASSUMPTIONS • 12 Permanent Easements or right-of-way documents will be necessary. • 12 Temporary Easements will be necessary. • 12 Temporary right-of-entry documents will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and metes and bounds provided on CITY forms. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 15 ATTACHMENT DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 ENGINEER will provide Subsurface Utility Engineering Services (SUE) as follows. 8.3. Level B SUE. This will be performed to determine the horizontal locations of existing underground utilities along the project alignment. Vertical information will also be collected if available from records research. 8.4 Level A SUE. Level A test holes will be performed to determine the elevations of key underground utilities. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. • 15 Level A Test Holes will be necessary. DELIVERABLES • Copies of field survey data and notes signed and sealed by a licensed surveyor. • Drawing of the project layout with dimensions and coordinate list. TASK 9. GEOTECHNICAL ENGINEERING SERVICES ENGINEER will provide geotechnical engineering necessary to prepare the pipeline design. 9.1. Borings will be conducted at strategic locations necessary to gather soils information necessary for design. 9.2 Lab testing will be conducted on the borings samples, and a geotechnical report will be prepared to provide design guidance for: • Tunnels and bores and street and utility crossings. • Trenching and backfill guidance. • Pavement replacement design for Aledo Road. ASSUMPTIONS • 7 Geotechnical borings will be necessary. DELIVERABLES • One copy of the geotechnical report. TASK 10. PERMITTING 10.1. ENGINEER will submit construction permit applications to the applicable entities and agencies having jurisdiction, including: • TxDOT City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • Tarrant County • Gas ROW owners • TRWD (if applicable) • Union Pacific Railroad TASK 11. ADDITIONAL SERVICES CONTINGENCY 11.1. The additional services contingency is to be used only as requested by the CITY for items that are outside of these Scope of Services. Each item of additional scope and the associated fee will be negotiated by, and as mutually agreed to by, the CITY and the ENGINEER. Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of- entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Any construction phase services other than shop drawing reviews. • 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 Survey Construction Staking City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 15 ATTACHMENT A DESIGN SERVICES FOR WALNUT CREEK SANITARY SEWER INTERCEPTOR EXTENSION CITY PROJECT NO.103414 • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Services associated with USACE individual permit or preconstruction notification. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 15 ATTACHMENT B COMPENSATION Design Services for Walnut Creek Sanitary Sewer Extension from Aledo Road/FM 2871 Intersection to Walsh Ranch Development City Project No. 103414 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $662,656.00 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, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates, LLC Project Design 577,282 87.12 Proposed MBE/WBE Sub-Consultants Alliance Geotechnical Geotechnical Engineering 38,700 5.84 Group Criado Associates SUE 46,674 7.04 Non-MBEIWBE Consultants TOTAL $ 662,656 100% Project Number& Name Total Fee MBElWBE Fee MBEMBE $ 662,656 $ 85,374 12.88 % City MBEMBE Goal = 10% Consultant Committed Goal City of Fort Worth,Texas Attachment 8 PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 � U) - n= -ue , n n n � -u \ \ \§ ) f 2 » ®cn 00 / \ \ } � j ID � \ \ m0 z § E ; , § .. f m _ ( w \ \ R - G m ƒ A / 0 / � E I ® co/ V ° / ( \ _ H x - ƒ ( / ) ) E + ; o > \ ) .. \ ] ± f { 3 \ } \ / ) ( CL \ T � ° -n < ) \ Ix { / » \ ] Q 0 \ o � � ( § \ a ! » E j = $ 0o / \ ( ID ID � a 2 \ % \\ o � CO \ 2 • \Q f / ( \ 2. CL Er to 5 \ � ( [ « ( !!]k! 2 i lfJJ ( m _ . Z 0 0, ) K ! ®\ / @ § \ /CD / ) Cf) G $ rT m >ƒ (-1 0f \ (/ § ! R ( \/ § \ 2 E » ; § § .. FF ƒ \r 0 - \ [ b\(\\ P _ 00 2 § ® GK }j \\ 3 \ o § » - - :>> " }k \ \ !?: (\ a ]/q {7o \ ■uon�� ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Walnut Creek Sanitary Sewer Extension from Aledo Road/FM 2871 Intersection to Walsh Ranch Development City Project No. 103414 No changes to Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 o � o W N N N N N a N A N N N N o .gyp d V - to A N`O io m V io 00 �! A idN ry' O O in �+ _n n N j O O 3 o `Z m o- ° F rvo w m A D vDi ¢� o H m o o a -o ro w 3 m m o w Ro m \ zw o_ z < O Ei c m A Q O A A ,z � � \ a a a s n a o. o. a a a a n a. a � � •� m m � � \ m rn \ m m F N N , D O_ 0 � - T A A e © I■, m Jl n N � � S 3 s N S � � 3 m N � u rl m' Z 0 0 O O w o N A o � m w N.+ w N Attachment E NFlil Jj 001 i �CII'H zo . o - .0 1 X ! � r WALSH RANCH \�G—� — Z \ PROPERTY — 1 ,T cn n 10 PROPOSED SANITARY �,�%i A' I SEWER INTERCEPTOR FoRTWORTH 1 �.' Source Esn,Digitalbbbe G oE.. E�arthstar Ge'ograohics,ONES/.Airbus OSI USDA, UiSrGS GAeroGRl©, IGN,an�drfli GI'="U'ser Comm nity City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: **M&C 21-0478 LOG NAME: 60WCREEKSSE-DUNAWAY SUBJECT: (CD 3) Authorize Execution of an Engineering Agreement with Dunaway Associates, LLC for$662,656.00 for Design of the Walnut Creek Sanitary Sewer Extension, Provide for Project Costs for a Total Project Amount of$2,154,511.00, Adopt Attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Engineering Agreement with Dunaway Associates, LLC in the amount of $662,656.00 for the Walnut Creek Sanitary Sewer Extension; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the Walnut Creek Sanitary Sewer Extension; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the amount of$2,154,511.00 in the Walnut Creek Sanitary Sewer Extension Project (City Project No. 103414) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount. DISCUSSION: This Mayor and Council Communication is to authorize the preparation of plans and specifications for the construction of the existing sanitary sewer main located south of the Walnut Creek Sanitary Sewer Extension from the Aledo Road/Farm-to-Market (FM) 2871 intersection westerly to the east boundary line of Walsh Ranch property. The proposed extension will provide sanitary sewer service for future development to the City's Certificate of Convenience and Necessity located north and south of Aledo Road west of FM 2871. The proposed scope of services include field surveys, design for the sewer main, design survey, environmental confirmation, easement preparation, subsurface utility engineering, geotechnical investigation, coordination and permitting with various agencies. Dunaway Associates, LLC proposes to provide all the necessary design and construction administration services for a fee of$662,656.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $1,491,855.00 is required for project management, real property acquisitions, utility coordination and material testing. This project will have no impact on the Water Department Operating budget when complete. Appropriations for the Walnut Creek Sanitary Sewer Extension are as depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Commercial Paper Fund $0.00 $2,154,511.00 $2,154,511.00 56020 Project Total $0.00 $2,154,511.00 $2,154,511.00 * Numbers rounded for presentation. This project is anticipated to be included in a future revenue bond issue for the Water & Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. Under federal law, debt must be issued within approximately three years in order for these expenses to be reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability to reimburse itself from tax-exempt bond proceeds. Business Equity: Dunaway Associates, Inc is in compliance with the City's Business Equity Ordinance by committing to 13\% Business Equity participation on this project. The City's Business Equity goal on this project is 10\%. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Commercial Paper Fund for the Walnut Creek SS Extension project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO _ ruTep—art—m—en-t IAccoun Project ProgramActivity Budget Reference # moun ID j_ ID _ Year Budget 2)__ FROM Fund Department Accoun ' Project Program Activity Budget Reference # �FA m ID ID _ Year I CChartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Suby Varughese (7803) ATTACHMENTS 1. 60WCREEKSSE-DUNAWAY FID Table (WCF 06.14.21).pdf (CFW Internal) 2. 60WCREEKSSE-DUNAWAY Form 1295.pdf (CFW Internal) 3. 60WCREEKSSE-DUNAWAY funds availability.docx (CFW Internal) 4. 60WCREEKSSE-DUNAWAY Reimb Resolution.docx (Public) 5. 60WCREEKSSE-DUNAWAY 56020 A021(r3)r.docx (Public) 6. 60WCREEKSSE-DUNAWAY MWBE compliance memo.pdf (CFW Internal) 7. 60WCREETSSE-DUNAWAY Map.pdf (Public) 8. 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