HomeMy WebLinkAboutContract 42645CITY SECRETARY�Lb
CITY OF FORT WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY "), and HDR Engineering, Inc., authorized to do business in Texas, (the
"ENGINEER "), for a PROJECT generally described as: Mercado Channel Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days" written notice to CITY, suspend services under this AGREEMENT
paid in full. In the event of suspension of services, the EN(N) OFFICIASL R>LCOC;
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011 CITY SECRETARY
Page 1 of 14
.f T. WORTH, TX j
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and /or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 2 of 14
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in .pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project other
than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the CITY
and /or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth. Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22.2011
Page 3 of 14
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Engineer acknowledges the MNVBE
goal established for this contract and its accepted written commitment to
MNVBE participation. Any misrepresentation of facts (other than a negligent
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 4 of 14
misrepresentation) and /or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
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
City of Fort Worth. Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7.22.2011
Page 5 of 14
insurance or self- insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter or nullify:
premises /operations, products /completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising
out of "any auto ", including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation — ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability, a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
City of Fort Worth. Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 6 of 14
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non - payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first- dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 7 of 14
state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to /of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants /subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and /or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 8 of 14
changes in the permitting authorities' published design criteria and /or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City- Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the 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.
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 9 of 14
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 10 of 14
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre- existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 11 of 14
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out -of- pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 12 of 14
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth. Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 13 of 14
considered. ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed and effective this the
ATTEST:
/,a , /%
by)
Y,�.City Secretary
g�agaeuf V)e(MbU- , 2011.
®Fe��' o as
AXCITY OF FORT WORTH
APPROVED O FORM AND LEGAV
By:
Douglas . Black
Assistant City Attorney
M &C No.: if " Z S/ 10
M &C Date: % - ZT- I I
City of Fort Worth Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date 7 22 2011
Page 14 of 14
'0=40
Q
1� Fernando Costa
a Assistant City Manager
APPROVAL RECOMMENDED
C-'�(' GJ,
By:
Dougl W. Wiersig,P.E.
Director, Transportation / Public Works
HDR Engineering, Inc.
By:
Dennis Schulze, P.E.
Vice President
- - - -- - --,
j OFFICIAL RECORW
CITY SECRETARY
FT. WORTH, TX�
ATTACHMENT "A"
Scope for Engineering Design Related Services
Storm Water Utility Projects
Mercado Channel
City Project No. 00779
DOE No. 5682
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, the term
"ENGINEER" is expanded to include any sub - consultant, including surveyor, employed or
contracted by the ENGINEER.
OBJECTIVE
In June of 2007 the City of Fort Worth authorized HDR to perform a hydrologic and hydraulic
study of Mercado Channel, a tributary to Marine Creek in north central Fort Worth. The
original scope included development of hydrology and hydraulic models of existing
conditions for 1,900 feet of Mercado Channel from its confluence with Marine Creek up to
201h Street and Commerce Street, along with a report that would outline three alternative
designs to mitigate the known flooding in the area. The original study report was submitted
to the City and a final review meeting was held in August of 2008. In October of 2009, an
amendment was approved to include the effects of the pro�osed detention pond upstream,
include the new box culverts at NE 21St Street and NE 22n Street, and additional modeling
of three design alternatives. Through coordination with local developers, two additional
alternatives were developed which included a proposed cul -de -sac at 22nd Street (rather
than a culvert crossing). An updated report was submitted to the City in December of 2009.
A proposed drainage easement boundary was provided to the developer in July of 2010.
The final design of this project is in response to the Engineer's December 2009 concept
report which recommended construction of Alternative 5, consisting of channel widening
above the Ordinary High Water Mark (OHWM) throughout most of its length including the
existing concrete lining north of 22nd Street, with any channel bank stabilization limited to the
maximum USACE thresholds to permit construction under a Nation Wide Permit (NWP).
Also, in Alternative 5, the 22nd Street crossing is removed and no improvements are made to
the culverts under 2151 Street (at the request of the City). It is noted, this project will be
designed in accordance with the design criteria as published in the City of Fort Worth's
"Storm Water Management Design Manual" dated March 2006.
WORK TO BE PERFORMED
TASK 1.0 DESIGN MANAGEMENT
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
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address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1 Project Team Management
This Task shall include the leadership, management, and direction of the design
team; ensure quality and performance of the work; provide for proper internal and
external communication, and the allocation of team resources.
a. Design Management
The project management portion of this contract shall include reimbursable
expenses, project team meetings, correspondence, invoicing, schedule,
resource and budget tracking, and other project management duties required for
the duration of the project.
b. Quality Assurance /Quality Control (QA/QC)
Prior to submitting deliverables to the CITY, a Senior Engineer shall
thoroughly review all plans, specifications, and estimates, as well as other
deliverables, for accuracy and completeness using HDR QA/QC established
procedures. Documentation of all QA/QC reviews shall be kept in the
project files.
2. Periodically throughout the project, the Project Principal shall check with the
project manager and CITY staff to discuss the performance of the project
team address staffing concerns (if any) and ensure the CITY's needs are
being met in accordance with the scope and schedule.
c. Team Meetings and Correspondence
During the course of the project, the Project Manager will conduct team
meetings to discuss the progress of the project, project deliverables, and
team assignments.
2. Meetings between the CITY and ENGINEER shall occur as needed.
Decisions resulting from such meetings shall be documented and kept in
the project files.
3. The ENGINEER shall prepare notes and correspondence as needed so as
to maintain a documentation of project related conversations, decisions and
CITY direction that takes place during the duration of the project.
d. Team Resource Allocation
The ENGINEER shall assign the team members necessary to complete the
project. The Team shall as a minimum include the Project Manager, Project
Engineer, and a Design EIT. Additional Staff will be assigned as needed
and /or as directed by the Project Manager.
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2. The Project Manager shall be responsible for the leadership, management,
and direction of the design team. He shall also be responsible for the
communication with the CITY.
1.2 Communication and Reporting
This Task shall include the work necessary for the communication between the
ENGINEER and the CITY and for completion of the CITY's required reporting. The
work for this Task is as follows:
a. 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. The ENGINEER shall prepare
meeting notes and minutes.
b. Conduct and document monthly project update meetings with the CITY's Project
Manager.
c. Conduct Review Meetings with the CITY at the end of each Design Phase. The
ENGINEER shall prepare meeting notes and minutes.
d. The ENGINEER shall prepare invoices, in accordance with Attachment B to this
Standard Agreement and submit monthly in the format requested by the CITY.
e. Prepare and submit monthly progress reports in the format provided by the
respective CITY Department.
f. 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.
g. Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project.
Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and 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.
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k. All reimbursable expenses shall be billed as part of the contract. Expenses that
qualify under this category are travel associated with the project, overnight
shipping, printing and reproduction.
1.3 Sub - Consultant Coordination
This Task includes the coordination of work performed by a Sub - Consultant:
a. The ENGINEER shall prepare subcontract documents outlining scope and fee
requirements for the Sub - Consultant's portion of the project.
b. The ENGINEER shall review Sub - Consultant deliverables to ensure they comply
with project standards and requirements.
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ASSUMPTIONS
For this Task, the following assumptions and /or exceptions are adopted:
a. This Task assumes 1 pre- design, or kickoff, meeting and three (3) project
update meetings, in addition to the Project Review meetings at the completion of
each design phase. It is assumed the Project Manager, the Project Engineer
and /or the Project EIT will attend each of these meetings.
b. This Task assumes HDR QA/QC procedures will be utilized for this work.
c. As described in Section 9.0, this scope of work assumes Section 404 Permitting
and a Letter of Map Revision (LOMB) from FEMA will be required for this
project.
DELIVERABLES
For this Task, the following deliverables will be provided:
a. Meeting summaries with action items
b. Monthly invoices
c. Monthly progress reports
d. Baseline design schedule
e. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
f. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2.0 CONCEPTUAL DESIGN (30 PERCENT)
The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The
purpose of the conceptual design is for the ENGINEER to identify, develop, communicate
through the defined deliverables, and recommend the design concept that successfully
addresses the design problem, and to obtain the CITY's endorsement of this concept.
The ENGINEER will develop the conceptual design of the infrastructure as follows:
2.1 Data Collection
a. In addition to data obtained from the CITY, the ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the
proposed improvements with any planned future improvements that may
influence the project. The ENGINEER will also identify and seek to obtain data
for existing conditions that may impact the project including; utilities, agencies
(such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint
files, existing applicable drainage studies, FEMA floodplain and floodway maps,
existing models of project area (if any) and property ownership as available from
the Tax Assessor's office.
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b. The following is applicable at all locations that require water service line
replacement: The ENGINEER shall visit the project site and obtain the meter
numbers and sizes on all existing meters to be replaced on the project and shall
identify existing sample stations and fire line locations.
c. Conduct a site walk- through to review the existing conditions, take photographs
and document any items that may impact design or construction of the project.
2.2 Drainage Computations
a. The ENGINEER shall update the hydraulic model (HEC -RAS) that was
developed during the study phase of this project (Described in the Mercado
Channel Stormwater Utility Project Alternative Analysis Report, City Project #
00779, December 2009) to reflect the plans, profiles, and cross sectional
geometries of the channel at 30 %, 60 %, 90 %, and 100% design levels to ensure
that the objective of flood control is maintained throughout the design. No
updates to the hydrologic model are anticipated for this effort.
2.3. Pollutant Removal
Where feasible, ENGINEER will design new flood control structures to provide pollutant
removal from storm water.
2.4. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B as described below.
The SUE shall be performed in accordance with CI /ASCE 38 -02.
a. Quality Level D
Conduct appropriate investigations (e.g., owner records, County /CITY
records, personal interviews, visual inspections, etc.), to help identify
utility owners that may have facilities within the project limits or that may
be affected by the project.
2. Collect applicable records (e.g., utility owner base maps, "as built" or
record drawings, permit records, field notes, geographic information
system data, oral histories, etc.) on the existence and approximate
location of existing involved utilities.
3. Review records for evidence or indication of additional available records;
duplicate or conflicting information; and, need for clarification.
4. Develop SUE plan sheets and transfer information on all involved utilities
to appropriate design plan sheets, electronic files, and /or other
documents as required. Exercise professional judgment to resolve
Conflicting information. For information depicted, indicate: utility type
and ownership; date of depiction; quality level(s); end points of any utility
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data; line status (e.g., active, abandoned, out of service); line size and
condition; number of jointly buried cables; and encasement.
b. Quality Level C (Includes tasks as described for Quality Level D)
Identify surface features, from project topographic data and from field
observations that are surface appurtenances of subsurface utilities.
2. Include survey and correlation of aerial or ground- mounted utility facilities
in QL C tasks.
3. Survey surface features of subsurface utility facilities or systems, if such
features have not already been surveyed by a registered professional. If
previously surveyed, check survey data for accuracy and completeness.
4. The survey shall also include (in addition to subsurface utility features
visible at the ground surface): determination of invert elevations of any
manholes and vaults; sketches showing interior dimensions and line
connections of such manholes and vaults; any surface markings
denoting subsurface utilities, furnished by utility owners for design
purposes.
5. Exercise professional judgment to correlate data from different sources,
and to resolve conflicting information.
6. Update (or prepare) plan sheets, electronic files, and /or other documents
to reflect the integration of Quality Level D and Quality Level C
information.
7. Recommend follow -up investigations (e.g., additional surveys,
consultation with utility owners, etc.) as may be needed to further resolve
discrepancies.
C. Quality Level B (Includes tasks as described for Quality Level Q
Select and apply appropriate surface geophysical method(s) to search
for and detect subsurface utilities within the project limits, and /or to trace
a particular utility line or system.
2. Based on an interpretation of data, mark the indications of utilities on the
ground surface, for subsequent survey. Utilize paint or other method
acceptable for marking of lines.
3. Unless otherwise directed, mark centerline of single- conduit lines, and
outside edges of multi- conduit systems.
4. Resolve differences between designated utilities and utility records and
surveyed appurtenances.
5. Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface
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geophysical methods, exploratory excavation, or upgrade to Quality
Level A data.
6. As an alternative to the physical marking of lines, the ENGINEER may,
with CITY's approval, utilize other means of data collection, storage,
retrieval, and reduction that enables the correlation of surface
geophysical data to the project's survey control.
7. Unless otherwise approved, maintain horizontal accuracy of +/ -1 ft. in the
marking of lines.
8. As an alternative to the physical marking of lines, the ENGINEER may,
with CITY's approval, utilize other means of data collection, storage,
retrieval, and reduction that enables the correlation of surface
geophysical data to the project's survey control.
2.5. Conceptual Design Package
The conceptual design package shall include the following:
a. Cover sheet.
b. Proposed horizontal alignment(s), including stationing, control points and curve
data (if required)
c. Proposed typical sections showing the proposed channel widths, cross slopes,
and cross sectional dimensions and details.
d. Existing right -of -way, locations and dimensions of easements and /or proposed
right -of -way required for the project, property ownership information, and
benchmarks.
e. Grading Plan — ENGINEER shall prepare a preliminary grading plan for the site
showing existing and proposed contours, drainage flow patterns, and drainage
collection points.
f. Utilities (Water, Sewer, Franchise) - ENGINEER shall prepare preliminary utility
layout sheets showing horizontal location and size of existing lines, manholes,
valves, and other appurtenances.
g. Preliminary cross sections (minimum 20 -foot intervals) showing existing ground,
current ROW, and proposed cross sections along the approved horizontal
alignment. These shall not be complete sections, but shall be sufficient to use in
determining easements, overbank tie -ins, and rough earthwork quantities.
h. Documentation of key design decisions (Project Decision Log).
i. Estimates of probable construction cost.
ASSUMPTIONS
For this Task, the following assumptions and /or exceptions are adopted:
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a. Unless otherwise noted for specific purposes, this work assumes a SUE Quality
Level B investigation will be performed. A higher level SUE is not considered as
a part of this scope and will be performed as additional work should one be
requested.
b. This scope of service anticipates the relocation of 200 linear feet of sanitary
sewer main and /or service lines. Should more be required, it shall be considered
as an additional service.
c. This scope of service anticipates the relocation 200 linear feet of water main
and /or service lines. Should more be required, it shall be considered additional
services.
d. It is assumed all storm water calculations and design will conform to the City of
Fort Worth Storm Water Management Design Manual, March 2006.
e. The SUE and SUE plan sheets shall be in accordance with CI /ASCE 38 -02.
f. Seven (7) copies of the conceptual design package will be delivered. Drawings
will be half size (11" x 17 ").
g. DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
h. ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
i. The pollutant removal task is assumed to be limited to discussions on potential
modifications to capture floatables or gross pollutants.
DELIVERABLES
a. Conceptual Design Package and electronic files in Adobe Acrobat PDF
Format (Version 6.0 or higher).
TASK 3.0 PRELIMINARY DESIGN (60 PERCENT)
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows:
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3.1 Preliminary Design Drawings
Development of Preliminary Design Drawings shall include the following:
a. Cover Sheet.
b. A Project Control Sheet, showing all Control Points, used or set while gathering
data; generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (e.g. 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 with; Z coordinates 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).
c. Overall project easement layout sheet(s).
d. SUE Plan Drawings.
e. Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable), sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
No less than two bench marks per plan /profile sheet.
g. The ENGINEER will prepare standard and special detail sheets that are not
already included in the CITY's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
h. Design relocation of sanitary sewer at upstream end of project. Relocation begins
at existing manhole located downstream of existing box culverts. Relocation
assumed to end at the next downstream manhole within 500 LF. Prepare plan
and profile of sanitary sewer pipe.
Design modifications to 22nd Street to remove channel crossing and develop a
dead -end street. Prepare demolition plan for 22nd Street for construction of cul-
de -sac. Prepare plan and grading design for construction of cul -de -sac. Drainage
from street will be conveyed by surface flow to the channel.
Design relocation of fire hydrant along 22nd Street to move it further west of the
channel. 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
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Nos., and Addition Names) along with property ownership shall be provided on
the plan view.
k. The ENGINEER shall make provisions for reconnecting all identifiable water
and /or wastewater service lines which connect directly to any main being
replaced, including replacement of existing service lines within CITY right -of -way
or utility easement. When the existing alignment of a water and sanitary sewer
main or lateral is changed, provisions will be made in the final plans and /or
specifications by the ENGINEER to relocate all service lines which are connected
to the existing main and connect said service lines to the relocated main.
The following shall be applicable at all locations where it is necessary to relocate
or reroute the existing private sanitary sewer service line due to the abandonment
or realignment of the existing public sanitary sewer lateral or main: The CITY
shall furnish the ENGINEER with a sample format of how the sewer service line
reroute /relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout 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.
m. Station equations relating utilities to paving, when appropriate
n. Proposed roadway profile grades and elevations along each curb line; elevations
at all P.V.I.'s; P.I's half stations; high and low points; vertical curve information;
and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right of right -of -way lines shall be shown. Existing found
property corners (e.g. Iron pins) along the existing right -of -way shall be shown on
the plans. Profiles for existing and proposed storm drain mains and laterals shall
be provided for the 100 year water surface profile.
o. Channel plan and profile drawings shall include existing channel centerline,
existing left and right top of channel bank, proposed top of channel banks, and
100 year water surface profile.
p. Preliminary roadway and /or channel cross - sections will be developed, from the
survey notes, at intervals not -to- exceed 50 foot along the project length and will
extend 10 feet past the right of way line on both sides of the street. Additional
cross - sections at important features including driveways, P.I.'s of intersecting
streets, (minimum distance of 100 foot along cross - street at each P.I.) walks,
retaining walls, etc., will also be provided. Profiles of centerline of driveways will
also be provided where necessary. Scale will be 1" = 20' horizontal and 1" = 2'
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vertical. Excavation and embankment volumes and end area computations shall
also be provided.
q. Documentation of key design decisions (Project Decision Log).
r. Estimates of probable construction cost.
3.2. Geotechnical Investigation/ Bank Stability and Recommended Design
a. Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will
be made. In addition to the above investigations, borings and appropriate field
and laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
b. The ENGINEER shall prepare a detailed geotechnical engineering study
detailing recommended design for adequate bank stability. The study shall also
include recommendations regarding utility trenching and identifying existing
groundwater elevation at each boring.
3.3 Constructability Review
a. Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize
the CITY's comments from the field visit and submit this information to the CITY
in writing.
3.4 Public Meeting
a. After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable
location and mail the invitation letters to the affected customers. The ENGINEER
shall coordinate with CITY GIS staff to identify affected property owners /residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.5 Utility Clearance
a. The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
b. 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
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project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
ASSUMPTIONS
For this Task, the following assumptions and /or exceptions are adopted:
a. To describe the proposed improvements, the standard Section 3.1.e task is
modified to include Plan and Profile drawings of the proposed channel
improvements, including horizontal and vertical layouts, existing lot layout with
property ownership, streets, curb lines, parking lots, existing water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
b. SUE plans /drawings will be included in the 60% plans for utility clearance
purposes.
C. This scope of service anticipates the relocation of 200 linear feet of sanitary
sewer main and /or service lines. Should more be required, it shall be considered
as an additional service.
d. This scope of service anticipates the relocation of 200 linear feet of water main
and /or service lines. Should more be required, it shall be considered additional
services.
e. It is assumed all storm water calculations and design will conform to the City of
Fort Worth Storm Water Management Design Manual, March 2006.
f. It is assumed pavement will be limited to the proposed cul -de -sac on the west
side of 22nd Street.
g. Section 3.2 — Geotechnical Investigation /Pavement Design has been revised to
include the geotechnical bank stability analysis.
h. Due to the location of this project, Section 3.6 — Traffic Control Plan is not
anticipated for this work.
i. A demolition plan of all existing infrastructure will be submitted.
j. Two (2) borings at an average bore depth of 35 feet each will be provided.
k. Four (4) copies of the geotechnical report will be delivered to the CITY.
I. One (1) full size (22 "x34 ") plans will be delivered for Constructability Review.
m. Nine (9) half size (11 "x17 ") drawings will be delivered for Preliminary Design.
n. DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw for Utility Clearance.
o. The ENGINEER shall not proceed with Final Design activities without written
approval by the CITY of the Preliminary Design plans.
DELIVERABLES
a. Preliminary Design Package and electronic files in Adobe Acrobat PDF Format
(Version 6.0 or higher) and .dwf files as stated in Assumptions.
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b. DWF files uploaded to the designated project folder in Buzzsaw for Utility
Clearance
c. Geotechnical Report
d. Documentation of key design decisions (Project Decision Log)
e. Estimates of probable construction cost
f. Public Meeting exhibits
TASK 4.0 FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT)
Upon approval of the Preliminary plans, The ENGINEER will prepare construction plans as
follows:
The ENGINEER will develop the preliminary design of the infrastructure as follows:
4.1. Final Design Drawings
a. Final draft construction plans and specifications shall be submitted to CITY
per the approved Project Schedule.
b. The ENGINEER shall submit a final design estimate of probable construction
cost with the final design plans submitted. This estimate shall use ONLY
standard CITY bid items.
C. Following a 90% construction plan review meeting with the CITY, the
ENGINEER shall submit Final Plans (100 %) to the CITY per the approved
Project Schedule. Each plan sheet shall be stamped, dated, and signed by a
Professional Engineer registered in State of Texas.
ASSUMPTIONS
For this Task, the following assumptions and /or exceptions are adopted:
a. It is assumed all storm water calculations and design will conform to the City of
Fort Worth Storm Water Management Design Manual, March 2006.
b. Nine (9) half size (11' x 17 ") and one (1) full size (22" x 34 ") drawings for 90%
construction plans specifications.
c. A DWF file for the 90% Design will be created from design CAD drawings and
will be uploaded to the project folder in Buzzsaw.
d. One (1) full size (22" x 34 ") drawings and two sets of specifications and contract
documents for 100% construction plans specifications.
e. Documentation of key design decisions (Project Decision Log).
f. Estimates of probable construction cost.
DELIVERABLES
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a. Nine (9) half size (11' x 17 ") drawings for 90% construction plans specifications.
b. One (1) full size (22" x 34 ") drawing and two sets of specifications and contract
documents for 100% construction plans and specifications.
c. Documentation of key design decisions (Project Decision Log).
d. Detailed estimates of probable construction cost for the authorized construction
project, including summaries of bid items and quantities using the CITY's
standard bid items and format.
e. Original cover Mylar for the signatures of authorized CITY officials.
TASK 5.0 BID PHASE SERVICES
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
a. The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
a. Contract documents shall be uploaded in a .xIs file.
b. 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.
c. Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM 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.
d. 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.
e. The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Buzzsaw folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and
mail addenda to all plan holders.
f. Attend the prebid conference in support of the CITY.
g. Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
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City of Fort Worth, Texas Attachment A - Page 15 of 15
MERCADO CHANNEL IMPROVEMENTS
h. 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.
j. 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 is to be uploaded into the project's Bid Responses folder on Buzzsaw.
k. Assist the CITY with assembling and awarding contracts for construction,
materials, equipment, and services.
Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
For this Task, the following assumptions and /or exceptions are adopted:
a. It is assumed record drawings will be provided for this project. No work under
Section 5.2 for Mylar drawings is anticipated.
b. The project will be bid only once and awarded to one contractor.
c. Twenty (20) sets of conformed plans and specifications will be delivered to the
CITY and made available on Buzzsaw. The twenty (20) sets of plans shall
consist of Ten (10) full size (22 "x34 ") and Ten (10) half size (11 "x17 ") drawings.
d. PDF and DWF files will be uploaded to Buzzsaw.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Conformed construction documents
TASK 6.0 CONSTRUCTION PHASE SERVICES
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
a. The ENGINEER shall attend the preconstruction conference.
b. After the pre- construction conference, the ENGINEER shall provide project
exhibits and attend a public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
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City of Fort Worth, Texas Attachment A - Page 16 of 16
MERCADO CHANNEL IMPROVEMENTS
c. The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
d. The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts
and general compliance with the requirements of the contract for construction.
Such review shall not relieve the Contractor from its responsibility for
performance in accordance with the contract for construction, nor is such review
a guarantee that the work covered by the shop drawings, samples and submittals
is free of errors, inconsistencies or omissions. The ENGINEER shall log and
track all shop drawings, samples and other submittals in Buzzsaw.
e. As requested by the CITY, the ENGINEER shall provide necessary
interpretations and clarifications of contract documents, review change orders,
and make recommendations as to the acceptability of the work.
f. The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
a. The ENGINEER shall prepare record drawings from information submitted by the
inspector and /or Contractor. The drawings shall be submitted as full size (22" x
34 ") mylar drawings.
b. Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file 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— org47.pdf" where "W- 1956" is the
assigned file number obtained from the CITY, " —org" designating the file is of
an original plan set, "47" shall be the total number of sheets in this file.
Example: W- 0053_org3.pdf and K- 0320_org5.pdf
II. Water and Sewer file name example — "X- 35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, " —org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X- 12755_orgl8.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and to obtain a file number
for the project, contact the Department of Transportation and Public Works Vault
at telephone number (817) 392 -8426. File numbers will not be issued to a
PMO Release Date: 0812712010 Mercado Channel Improvements
City of Fort Worth, Texas Attachment A - Page 17 of 17
MERCADO CHANNEL IMPROVEMENTS
project unless the appropriate project numbers and fund codes have been
assigned and are in the Department of Transportation and Public Works
database.
TASK 7.0 ROW / EASEMENT SERVICES
ENGINEER will support and perform activities related to Right -Of -Way (ROW) and land as
outlined below, per scoping direction and guidance from the CITY's Project Manager.
7.1. Right -of -Way Research
a. The ENGINEER shall determine rights -of -way and easement needs for
construction of the project. Required temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the CITY.
7.2 Right -of -Way /Easement Preparation and Submittal.
a. The ENGINEER shall prepare documents to be used to obtain right -of -way and
permanent and /or temporary easements required to construct the
improvements.
b. The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
7.3 Temporary Right of Entry Preparation and Submittal
a. Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary
Right of Entries from landowners. It is assumed that letters will only be required
for land owners adjacent to temporary construction easements or who are
directly affected by the project and no easement is required to enter their
property.
b. The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
a. Right -of -Way research includes review of property /right -of -way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on- ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right -of -way takings, easement vacations and abandonments, right -of -way
vacations, and street closures.
DELIVERABLES
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City of Fort Worth, Texas Attachment A - Page 18 of 18
MERCADO CHANNEL IMPROVEMENTS
a. Right -of -Way, easement exhibits and metes and bounds provided on CITY
forms.
b. Temporary Right of Entry Letters.
TASK 8.0 SURVEY
ENGINEER will provide survey support as follows.
8.1 Design Survey:
a. ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, utilities as required by the SUE, structures, trees (measure caliper, identify
overall canopy, and have a qualified arborist identify species of trees), and other
features relevant to the final plan sheets
b. 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:
i) Identified (e.g. Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
ii) X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinates on CITY Datum only.
iii) Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
8.2. Temporary Right of Entry Preparation and Submittal
a. Prior to entering property, the ENGINEER shall prepare mail and obtain
Temporary Right of Entry from landowners.
b. The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3. Construction Survey:
a. This scope of work assumes the Construction survey will be performed by the
CITY.
b. ENGINEER will be available to the CITY on matters concerning the layout of the
project during its construction
ASSUMPTIONS
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City of Fort Worth, Texas Attachment A - Page 19 of 19
MERCADO CHANNEL IMPROVEMENTS
a. This scope of work includes establishment of horizontal and vertical control for
the project and setting 3 project benchmarks for construction based on the
CITY's vertical datum.
b. The design survey in Section 8.1.a includes establishment of horizontal and
vertical location of existing features within the project limits, including right -of -way
lines and property corners, edge of pavement (location and material), top of curb
(shot at back of curb), gutter lines, sidewalks, driveways (material), buildings,
homes, trees 4" in diameter and larger (size and type), fence lines (size and
type), signs (include description), utility appurtenances and any other visible
surface features within the project limits.
c. The design survey in Section 8.1.a also includes the collection of sufficient
information (in addition to cross sections) to develop a complete digital terrain
model of the project limits by taking additional shots as necessary to define
adjacent features.
d. The SUE survey includes verification of horizontal and vertical locations of
existing public utilities (water, sanitary sewer, storm sewer, electric, gas, and
communication). This will be achieved with the Subsurface Utility Engineering
(SUE) Level B as described in Section 2.4.c above. Survey shots at inlets and
manholes shall include flow line, size and direction of flow for all lines entering or
leaving the structure.
e. This scope of work includes providing research of the affected properties within
the proposed project area.
f. This scope of work includes verification of horizontal and vertical locations of
existing drainage improvements and easements. Individual parcel maps and /or
right of way exhibits are anticipated for this project.
g. This scope of work assumes the Construction survey will be performed by the
CITY.
DELIVERABLES
a. Deliverables shall include an AutoCad digital file of the existing features located,
property lines, a DTM with 1 -foot contours, property owner data, an ASCII — file
of points located and a hardcopy of the field notes and coordinates of points
located.
TASK 9.0 PERMITTING
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and /or permits normally required for a project of this size and type, as follows:
9.1. Storm Water Pollution Prevention Plan
a. Since the improvements will disturb an area greater than one (1) acre, a Storm
Water Pollution Prevention Plan ( SWPPP) is required for the Project. The
ENGINEER will prepare the SWPPP document to include in the bid documents
for the contractor to finalize and implement it. The Contractor shall be required
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City of Fort Worth, Texas Attachment A - Page 20 of 20
MERCADO CHANNEL IMPROVEMENTS
to comply with all applicable governmental standards and requirements. He
shall submit his plan to the ENGINEER for review and comment.
9.2. Environmental Services
a. Clean Water Act, Section 404 Compliance
1. Delineation of Waters of the U.S.
i) HDR environmental scientists will conduct a site visit to delineate waters
of the U.S., including wetlands within the project limits. The delineation
will be conducted in accordance with the methodology of the 1987
Wetland Delineation Manual as well as the Great Plains Regional
Supplement.
ii) The delineation effort will include pre -trip evaluation of publically available
aerial photography to allow consideration for annual and seasonal
variations in water levels.
iii) Additionally, the delineation will be conducted using a sub -meter Trimble
Geo XT GPS units.
iv) The delineation data will be converted to geo- rectified shape files or
CADD files to allow overlay grading limits generated in design tasks in
order to estimate approximate quantities of fill.
b. Permitting Evaluation
Based on the delineation and the overlays developed in item a, above, HDR
environmental scientists will conduct an evaluation of anticipated Clean Water
Act, Section 404 permitting requirements. The intent is to determine if, based
on conceptual designs, the proposed improvements will meet the conditions of a
Nationwide Permit (NWP). A permitting summary which includes an overview of
the key NWP conditions applicable to the project will be developed for the
review by the design team and the CITY.
c. Assumptions /Exceptions
It is understood that a determination of the applicability of a NWP for this project
can not be completed prior to the completion of the preliminary plans. It is
further understood the conditions and requirements for the 404 permitting can
not be determined until the Delineation of Waters of the U.S. can be completed
and the result evaluated in light of the proposed improvements (i.e. preliminary
plans). Therefore, this scope of services does not include preparation of Pre -
Construction Notifications (PCN) or any application process to the USACE.
Any work related to a permit application will be considered additional services.
9.3. Floodplain Services
a. Floodplain permitting and mapping will be completed in accordance with
applicable standards, guidelines, and governmental regulations.
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City of Fort Worth, Texas Attachment A - Page 21 of 21
MERCADO CHANNEL IMPROVEMENTS
9.4. Texas Department of Transportation (TxDOT)
a. Negotiating and coordinating to obtain approval of a TxDOT permit is not
anticipated for this project.
9.5. Railroad Permit
a. Negotiating and coordinating to obtain approval of a Railroad permit is not
anticipated for this project.
9.6. Tree Preservation
a. The City of Fort Worth Tree Preservation Ordinance may apply to this project.
The project activities will involve the removal of trees for bank stabilization and
flood control activities. The project should abide by the regulations of tree
preservation ordinance. Consultation and coordination with the city forester will
be performed when the impacts to trees are determined. Mitigation for impacts
to trees may be necessary if trees must be removed for the project activities.
9.7. Cultural Resources Evaluation
a. HDR will perform a cultural resources evaluation as required by both Section 106
of the National Historic Preservation Act (NHPA) of 1966 and the Antiquities
Code of Texas. Assessment of impacts to cultural resources is required in order
to secure a Section 404 permit from the USACE (in order to fulfill General
Condition 18 of the NWPs). Since the project is a municipal project, if it impacts
greater than five acres or 5,000 cubic yards of ground, it must be conducted in
accordance with the Antiquities Code of Texas administered by the Texas
Historical Commission (THC). A cultural resource professional that meets the
Department of Interior's standard for archaeology will evaluate the project area
for historic properties and archaeological resources, and if any are discovered,
determine if they are potentially eligibility for listing in the National Register of
Historic Places.
i. The cultural resources evaluation will include a Texas Archaeological
Database search and drafting of Texas Historical Commission (THC)
Antiquities permit.
ii. Upon the issuance of THC Antiquities Permit, an archaeologist will
evaluate the project area with a combination of shovel testing, backhoe
trenching and photography.
iii. The archaeological survey shovel tests, backhoe trenches and any
encountered cultural resources will be mapped with a sub -meter Trimble
Geo XT GPS unit.
iv. Results of the cultural resource evaluation will be detailed within a written
report to be delivered to the THC and the USACE.
V. Upon review of the report, THC and the USACE will advise on future
actions (if any) to be taken in the case of encountered cultural resources.
b. ASSUMPTIONS
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City of Fort Worth, Texas Attachment A - Page 22 of 22
MERCADO CHANNEL IMPROVEMENTS
All cultural resource field activities are dependent upon the timely
issuance of a THC Antiquities Permit (within 30 days) from the date of
application.
Any work recommendations agreed upon by the THC and or UASCE to
help stabilize, test or mitigate any cultural resources found within the
above mentioned initial survey work, would be part of an ADDITIONAL
scope and contract for services.
b. DELIVERABLES
i. Upon completion of fieldwork, a draft report detailing the cultural resource
results will be forwarded to the CITY for review before submission to the
THC and USACE. Upon review and approval of the draft report by the
CITY, THC and USACE, a final report will be submitted to CITY, THC and
USACE.
ASSUMPTIONS
a. A CLOMR will not be required prior to construction. A LOMR is anticipated for
this project and will be handled under Section 10.0 Special Services. This scope
of services does not include any application fees to FEMA.
b. Two plan sheets are assumed for the Storm Water Pollution Prevention Plan
(SWPPP), along with associated details.
c. No TxDOT permits are anticipated for this Scope of Services.
d. No Railroad Permits are anticipated for this Scope of Services.
e. This Scope of Services does not include any fees associated with the permit
application requirements.
DELIVERABLES
Deliverables for work related to Task 9.0 of this Scope of Services shall include a
permitting summary which includes an overview of the key NWP conditions
applicable to the project for the review by the design team and the CITY.
TASK 10.0 SPECIAL SERVICES
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and /or permits normally required for a project of this size and type, as follows:
10.1. As -built ground survey (if required)
Once all construction activities are complete, the ENGINEER will perform a field
survey to collect horizontal and vertical elevations and other information needed
by ENGINEER for the LOMB application.
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City of Fort Worth, Texas Attachment A - Page 23 of 23
MERCADO CHANNEL IMPROVEMENTS
10.2. Letter of Map Revision Application and Support (if required)
a. The ENGINEER will revise the hydraulic model and floodplain workmap based on
the as -built survey.
b. The ENGINEER shall prepare a LOMB application package with complete
supporting documentation. Following the City's review and approval, the
ENGINEER shall represent the City to submit the LOMB application to FEMA.
The ENGINEER will provide the City two copies of the final LOMB application
package. The City will be responsible for the payment of FEMA's LOMB review
and processing fees. The LOMB application typically includes the following
forms although others may be required for the floodplain restudy:
Form 1 Overview & Occurrence
Form 2 Riverine Hydrology and Hydraulics Form
Form 3 Riverine Structures Form
c. The ENGINEER shall respond to comments made by FEMA on the LOMB
application package. Based on the comments received, the ENGINEER shall
make necessary revisions to the LOMR submittal package and address all
comments and provide additional required information to fulfill FEMA
requirements for issuance of the FEMA LOMB for this project, if applicable.
ASSUMPTIONS
a. Assume 1 coordination meeting with surveyor prior to as -built survey tasks.
b. Assume 1 meeting with the City to discuss LOMB application and coordination of
submittals.
c. The ENGINEER assumes it will take approximately four weeks to prepare and
submit the LOMB report once construction is complete and the "as- built" survey
is finished. The LOMB report review timeframe by the City and FEMA may vary.
d. The FEMA fee for a LOMB application is not included in the lump sum fee of this
proposal. The proposal also includes a maximum of one revision from FEMA to
ensure a LOMB approval.
e. Individual Legal Notices may need to be sent to all affected property owners and
this effort is not included in this proposal.
f. Public notice is not included in this proposal.
DELIVERABLES
a. Two copies of the completed LOMB application package.
b. Digital copy of the completed LOMR application package.
PMO Release Date: 08/27/2010 Mercado Channel Improvements
City of Fort Worth, Texas Attachment A - Page 24 of 24
MERCADO CHANNEL IMPROVEMENTS
10.3. Additional Services by request of City (if required)
a. Meet with property owners and other stakeholders to discuss and /or explain project
scope and objectives, as requested by the City.
b. Assist and /or facilitate additional meeting(s) (beyond Task 3.4) regarding the
proposed improvements and their impacts, as requested by the City.
c. Prepare additional exhibits and sketches regarding the proposed improvements,
as requested by the City.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services —
CITY and ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if needed,
upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result
of any material change to the Scope of the Project shall be agreed upon in writing by both
parties before the services are performed. These additional services include the following:
a. Negotiation of easements or property acquisition.
b. Services related to development of the CITY's project financing and /or budget.
c. Services related to disputes over pre - qualification, bid protests, bid rejection and
re- bidding of the contract for construction.
f. Performance of materials testing or specialty testing services.
g. Services necessary due to the default of the Contractor.
h. Services related to damages caused by fire, flood, earthquake or other acts of
God.
i. Services related to warranty claims, enforcement and inspection after final
completion.
j. Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
k. Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
PMO Release Date: 08/27/2010 Mercado Channel Improvements
City of Fort Worth, Texas Attachment A - Page 25 of 25
ATTACHMENT B
COMPENSATION
ENGINEERING DESIGN SERVICES FOR
STORM WATER WATER UTILITY PROJECT — MERCADO CHANNEL
CITY PROJECT NO. 00779
DOE NO. 5682
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $ 271,440.00 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
Storm Water Management Program, Transportation and Public Works
Department monthly progress reports and schedules in the format required by
the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 3
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Fee Amount
%
Prime Consultant
HDR
Prime Contractor / Design
Services
$201,807
74.35%
Proposed M /WBE Sub - Consultants
Gorrondona &
Associates
SUE, Design Survey, ROW /
Easement Preparation
$31,050
11.44%
Mas -Tek Engineering
Geotechnical Services
$27,970
10.30%
Leonard Technical
Services
Storm Water Pollution
Prevention Plan
$ 9,293
3.42%
Non -M/WBE Consultants
David Taylor Excavation I
Cultural Resources Evaluation
$1,320
0.49%
TOTAL
$271,440
100.00%
Project Number & Name
Total Fee
M/WBE Fee
M/WBE %
CITY PROJECT NO. 00779
$271,440
1 $68,313
25.17%
City M/WBE Goal = 25.00% Consultant Committed Goal = 25.17%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
EXHIBIT "B -1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
ENGINEERING DESIGN SERVICES FOR
STORM WATER WATER UTILITY PROJECT — MERCADO CHANNEL
CITY PROJECT NO. 00779
DOE NO. 5682
No changes to the Standard Agreement
City of Fort Worth, Texas
Attachment C
PMO Release Date. 05 t9.2010
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/27/2011
DATE: Tuesday, September 27, 2011 REFERENCE NO.: * *C -25190
LOG NAME: 20DESIGN MERCADO CHANNEL
SUBJECT:
Authorize Execution of an Engineering Agreement in the Amount of $271,440.00 with HDR Engineering,
Inc., for the Design of Mercado Channel Improvements (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an
Engineering Agreement with HDR Engineering, Inc., in the
amount of $271,440.00 for design of Mercado Channel
Improvements.
DISCUSSION:
This engineering design Agreement will provide design and
construction phase services for the Mercado Channel
Improvements. The drainage improvements are needed to eliminate
a dangerous low water crossing and protect businesses along
Mercado Channel from flooding.
The scope of this design Agreement includes storm drain and
pavement design, analysis of existing retaining wall, preparation of
engineering plans and contract documents for the bidding and
construction of the recommended improvements and bidding and
construction phase services.
HDR Engineering, Inc., proposes to perform the above services for
a lump sum fee of $271,440.00. City Staff considers the fee to be
fair and reasonable for the scope of services proposed.
Funding for the project is being provided from revenue bonds in
the Storm Water Capital Projects Bond 2009 Fund.
HDR Engineering. Inc.. is in compliance with the City's M/WBE
Ordinance by committing to 25 percent M/WBE participation. The
City's goal on the project is 25 percent.
This project is located in COUNCIL DISTRICT 2, Mapsco 62L.
FISCAL INFORMATION:
The Financial ManaLement Services Director certifies that funds
are available in the current capital budget, as appropriated, of the
Storm Water Capital Projects Bond 2009 Fund.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund /Account/Centers
P227 531200 202280077930 $271,440.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Ryan Hague (8176621201)
ATTACHMENTS
1. 00779 MWBE Coml2liance.pdf
2. FAR - 00779 - 00003— Desi2n.p-df
3. M AND C 00779.12df