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HomeMy WebLinkAboutContract 44665 (2)CITY OF FORT WORTH, TEXAS �o�raacrao�. cWI/Litt STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Teague Nall and Perkins, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Bellaire Drive Water and Sanitary Sewer Improvements. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Bellaire Water and Sanitary Sewer Improvements. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee 'Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $239,815.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 1 of 8 OFFICIAL RECORD CITY SECRIITARY PT, WORTH, TX RECEIVED JUL 25 2013 Article I11 Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date; 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Robert Sauceda, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein.., d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. 1. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub -consultant reasonable advance notice of intended audit. (3) Consultant and sub -consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant 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 XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Teague Nall and Perkins, Inc. Attn: Ty Hilton, P.E. 1100 Macon Street Fort Worth, Texas 76102 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the '36 day of() ut,y , 20/' BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 7/ditA3 APPROVAL RECOMMENDED: : Bye‹ S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: I'YL( il't e IC r Oougtas-tithlataelt- Yv1 r Assistant City Attorney ATTE 1 it_ CMar/iJ. Kayser City Secretary City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 1/28/2013 Page 8 of 8 Date: M&C No.: M&C Date: fir 04.4:6* F011;44.4ix Afa we' oopo 000027 ate 0 L O 000 a o0 OOQ0° *c: BY: ENGINEER Teague Nall and Perkins, Inc. THiI`tdn, P.E. Principal 7r//i//,9 C-Z(o34-LR OFFICIAL RECORD CITY SECRETARY FTC WORTH, TX RECEIVED JUL 2 5 2013 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 ATTACHMENT A Scope for Enaineerina Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 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. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, • communicate effectively, • coordinate internally and externally as needed, and • proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in Buzzsaw. 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 15 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 sets of 11" x 17" size and 10 sets of 22" x 34" size drawings plans and 20 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • 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. The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. 2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 12 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_rec47.pdf " where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_recl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • 4 RFI's are assumed. • 2 Change Orders are assumed • One copy of full size (22"x34") mylars will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on Mylar TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 13 of 17 ATTACHMENT A DESIGN SERVICES FOR t3ELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • 0 Easements or right-of-way documents will be necessary. • 20 Temporary right -of -entry documents will be necessary. DELIVERABLES A. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 14 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - No Tess than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. - Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Attachment "A" Signal Type (Submit All @ 30%) Street City of Fort Worth, Texas Attachment A HMO Release Date: 07.23.2012 Page 15 of 17 Street Water Storm Storm Lights /Sewer Water Water (Submit (Submit 30% 60% All @ All @ 30% 60%) Traffic Engineering (Submit All @ 60%) Traffic Traffic Traffic Control Control Control 30% 60% 90% Required for all work in City ROW x ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 Storm Water X X Water / Sewer *If included in street project DELIVERABLES A. Plan submittal checklists 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: • Negotiation of easements or property acquisition including temporary right -of - entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. •, Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 16 of 17 ATTACHMENT A DESIGN SERVICES FOR BELLAIRE DRIVE WATER AND SANITARY SEWER IMPROVEMENTS CITY PROJECT NO.: 02144 • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 17 of 17 ATTACHMENT B COMPENSATION Design Services for Bellaire Drive Water and Sanitary Sewer Improvements City Project No. 02144 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $239,815 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Teague Nall & Perkins Engineering Proposed MBE/SBE Sub -Consultants Gorrondona & Assoc. Surveying Non-MBE/SBE Consultants Project Number & Name Bellaire Drive Water and Sanitary Sewer Fee Amount i % $186,915.00 77.9% $52,900.00 22.1% TOTAL $239,815.00 100% Total Fee MBE/SBE Fee MBE/SBE cyo $239,815 1 $52, 900 J 22.1% City MBE/SBE Goal = __% Consultant Committed Goal = 22.1 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 8:09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 3 B-3 Professional Services Payment Request Project Manager Project: I Bellaire Drive Water and Sanitary Sewer Improveme City Project #: I02144 City Sec Number: Company Name: 'Teague Nall and Perkins. Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Tv Hilton. P.E. email: Office Address Telephone: Fax: Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Projects folder. thilton;Stncinc corn 1100 Macon Street Fort Worth, Texas 76102 817-336-5773 817-336-2813 Remit Address 1100 Macon Street Fort Worth. Texas 76102 FAC and Work Type Description Totals This Payment Request Agreement Amount $43.365.0C $65.715.0C $60.775.0C $17,060.0Q $52,900.00 $719 815.00 Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Date Amount Completed Previously Invoice Balance $43,365.0C $43.365.0 $65.715.0 $65.715.0 $60,775.0 $60.775.0 _ $17.060.0 _ $17.060.0 $52,900.0 $52.900.0 $239 815.0Q 3239 815 00 Overall Percentage Complete: Project: City Project #: Work Type Desc: HAM: City Sec Number. Purchase Order: Name: Professional Services Payment Request Project Manager. Bellaire Drive Water and Sanitary Sewer Improe 02144 Teague Nall and Perkins, Inc. Consultants PM: Ty Hilton, P.E Vendor invoice #: Payment Request #: From Date: To Date: invoice Date: Pay Items 31 - Conceptual Design Description Consultant Instruction= Fill in green cells including Percent Complete and Invoiced Previously Quanities When your invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: thilton®tnpinc.com Office Address 1100 Macon Street Fort Worth, Texas 76102 Telephone: 817-336-5773 Fax: 817-336-2813 Remit 1100 Macon Street Fort Worth, Texas 76102 Agreement Agreement Amendment Amendment Amount to Completed Percent (S) Invoiced Current Remaining Amount Number Amount Date Amount Completed Previous y Invoice Balance $43,365.00 $43.365.00 i .. r:...... ' -- $43,365.00 Totals This Unit: w3c5 , 643 365.00 543.3As.nn Overall Percentage Complete: Professional Services Payment Request Project Manager I Project: (Bellaire Drive Water and Sanitary Sewer Improveme City Project #: I 1 City Sec Number: l Company Name: 'Teague Nall and Perkins, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 *Work Type 6 'Ty Hilton, P.E. email: Office Address Telephone: Fax: Summary Consultant Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Projects folder. ihllton(tnoinc_com 1 1100 Macon Street Fort Worth. Texas 76102 817-336-5773 817-336-2813.• Remit Address 1100 Macon Street Fort Worth. .TPYas. 76102 FAC and Work Type Description Totals This Payment Request Agreement Agreement Amendment Amount to Completed Percent (S) Invoiced Current Remaining Amount Amount Date Amount Completed Previously Invoice Balance $239,815.06 S239.815.0( $239.815.0C c2 q.815 00 $239.815.OQ V' 1P 815 OQ Overall Percentage Complete: Professional Services Payment Request Project Manager. Project: City Project #: Work Type Desc: F/AIC: City Sec Number: Purchase Order. Name: Bellaire Drive Water and Sanitary Sewer ImproN, Teague Nat and Pertuns. Inc. Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and dose, start Buxuaw and Add your invoice to the Consultant folder within Project's folder. Consultant's PM: Ty-8tton, P.E. email: haton@lnpinacom Vendor Invoice #: Office Address 1100 Macon Street Fort Worth, Texas 76102 Payment Request #: Telephone: 817-336-5773 From Date: Fax: 817-336-2813 To Date: Invoice Date: Remit 1100 Macon Street Fort Worth, Texas 76102 Pay Items Agreement Agreement Amendment Amendment Amount to Completed Percent (S) Invoiced Current Remaining Description Amount Number Amount Date Amount Completed Previously Invoice Balance 31 - Conceptual Design 1 849.051.671 $ 49.051.67 - $49.051 67 32 - Preliminary Design 571.401.67 571,401.67 - - S71,401.67 33 - Final Design 566.461.66 $66.461.66 566,461.66 51 - Preliminary Survey $52,900.00 552.900.09 $52.900.00 Totals This Unit: 473q.81500 5239.815.00 5239.815.00 Overall Percentage Complete: Professional Services Payment Request Project Manager. Project: Bellaire Drive Water and Sanitary Sewer Improve) City Project #: Work Type Desc: F/A/C: City Sec Number. Purchase Order. Company Name: Teague Nall and Perkins. Inc. Consultant Instructions: Fill in green calls including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buasaw and Add your invoice to the Consultant folder within Projects folder. Consultants PM: Ty Hilton, P.E. email: thilton@tnpinc.com Vendor Invoice #: Office Address: 1100 Macon Street Fort Worth. Texas 76102 Payment Request #: Telephone: 817 3365773 From Date: Fax: 817-336-2813 To Date: Invoice Date: Remit 1100 Macon Street Fort Worth, Texas 76102 Pay Items Description 132 - Preliminary Design Totals This Unit: Submitted by: Agreement Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Number Amount Date Amount Con p)eted Previously Invoice Balance Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Bellaire Drive Water and Sanitary Sewer Improvements City Project No. 02144 No changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page IofI CITY OF FORT WORTH Bellaire Drive Water and Sanitary Sewer Improvements CITY PROJECT NO. 02144 ID Task Name 1 ENGINEERING 2 Conceptual Design Phase 3 Notice to Proceed/Kick-Off Meeting 4 Data Collection Sanitary Sewer Report Design/Topographic Surveys Conceptual Design (30%) Plans Conceptual Design (30%) Submital 9 City Review & Approval of Concept Plans 10 Preliminary Design Phase ...._........ 11 Preliminary Design( ° ) 60 /o Plans 12 Preliminary Design (60%) Submittal 13 City Review 14 Neighborhood Meetings 15 Utility Clearance Phase 16 Final Design Phase 17 Final Design (90%) Plans 18 Final Design (90%) Submittal 19 City Review 20 Final PS&E (100%) 21 City Review/Sign Cover Sheet 22 CONSTRUCTION 23 Bid Phase 24 Project Advertisement 1st 25 Project Advertisement 2nd 26 Pre -bid Conference 27 Open Bids 28 M & C Circulation Process 29 Council Award of Contract 30 Contract Execution 31 Construction Phase 32 Pre -Construction Meeting 33 Neighborhood Meetings 34 Construction Duration Jul I Aug L Sep L Oct 314 daN 4$0 8/28 95 dal 0 da 15 daj 15 daj 45 da) 20 da) 0 da) 20 dal 219 da} 8/28 60 dal 0 da) 20 da 0 dal 139da - 8/28 91 da)3 40 daj 0 de) 20 da 20da 11 dal 360 da) 8/28 70 daj 8/28 W 0 dal ® 8/28 0 da; 9/4 0 da; 9/9 0 da 9/25 30 da 9/26 0 da 20 da 290 da! 10 da 10 da 270 da 11/7 Teague Nall and Perkins, Inc. No L Dec // 11/6 • 11/6 12/4 12/4 2015 Jan 12/5 12/5 I":jI 12/18 12/19 ® ♦ 1/1 1/2 I::::::::: b Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Attachment D - Project Schedule This PROJECT requires a Tier « _» schedule as defined herein and in the Citu's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and tuning of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) - Primavera Contractor (Version 6.1 or later or approved by CITY) - Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PM() Release Date: 02.15,2011 Page 1 of 2 • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 BELLAIRE S. DR. PROP. 24" WATER LINE 8"SS L-5185 STA. 0+00 to 6+48 8"SS L-5361 STA. 0+00 to 3+83 110 BELLAIRE S. DR. PROP. 12" WATER LINE 8"SS L-2405 STA. 33+50 to 40+03 BELLAIRE W. DR. PROP. 16" WATER UNE 8-SS L-2405 STA. 57+62 to 59+57 8"SS L-2505 STA. 0+00 to 0+93 8"SS L-4279 STA. 0+00 to 1+92E Attachment E Bellaire Water and Sanitary Sewer Improvements City Project No. 02144 Project Location Bellaire S. & Bellaire W. City Project No. 02144 Mopsco 75Y & 752 LEGEND PROP. WATER UNE PROP. SANITARY SEWER LINE FORT FORTH teepee nail & perkins 1 OF 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION:Approved on 7/16/2013 - Ordinance Nos. 20802-07.2013 & 20803-07- 2013 DATE: Tuesday, July 16, 2013 LOG NAME: 60BELLWSS-TNP SUBJECT: REFERENCE NO.: **C-26346 Authorize Execution of an Engineering Agreement with Teague Nall & Perkins, Inc., in the Amount of $239,815.00 for Bellaire Drive Water and Sanitary Sewer Improvements on Bellaire South Drive and Bellaire West Drive, Provide for Project Management, Real Property Acquisition and Utility Coordination Costs for a Project Total in the Amount of $259,815.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $259,815.00 from the Water and Sewer Operating Fund in the amounts of $158,719.00 to the Water Capital Projects Fund and $101,096.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $158,719.00 and in the Sewer Capital Projects Fund in the amount of $101,096.00; and 3. Authorize the execution of Engineering Agreement with Teague Nall & Perkins, Inc., in the amount of $239,815.00 for Bellaire Drive Water and Sanitary Sewer Improvements. DISCUSSION: This project consists of the preparations of plans and specifications for the replacement of the deteriorated water and sanitary sewer mains along Bellaire South Drive (Overton Park East Drive to Bellaire West Drive) and Bellaire West Drive (Bellaire South Drive to Westcliff North Road). Teague Nall & Perkins, Inc., proposes to perform the design work for a lump sum fee in the amount of $239,815.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. M/WBE Office: Teague Nall & Perkins, Inc., is in compliance with the City's BDE Ordinance by committing to 22 percent SBE participation on this project. The City's SBE goal on this project is 20 percent. In addition to the contract amount, $20,000.00 (water: $12,000.00 and sewer: $8,000.00) is required for project management, real property acquisition and utility coordination. The project is located in COUNCIL DISTRICT 9, Mapsco 75Y and 75Z. FISCAL INFORMATION / CERTIFICATION: i ne rinanciai Management Services uirector certities tnat upon approval of me above recommenaations, Logname: 60BELLWSS-TNP Page 1 of 2 and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers 1&2)P253 476045 6091702144ZZ 1&2)P258 476045 7091702144ZZ 2)P253 511010 709170214430 2)P253 531200 709170214431 2)P253 531200 709170214432 2)P253 531200 709170214433 2) P253 531200 709170214451 2)P253 531350 709170214442 2)P253 531350 709170214473 2)P258 511010 709170214430 2)P258 531200 709170214431 2) P258 531200 709170214432 3)P258 531200 709170214433 2)P258 531200 709170214451 2)P258 531350 709170214442 2)P258 531350 709170214473 $158.719.00 $101. 096.00 $8.000.00 $33.645.00 $67,289.00 $11.215.00 $34.570.00 $2.000.00 $2.000.00 $4.000.00 $22.430.00 $44.860.00 $7.477.00 $18.329.00 $2,000.00 $2,000.00 CERTIFICATIONS: Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers 1) PE45 1) PE45 31 P253 3) P253 3) P253 3) P253 3) P258 3) P258 3) P258 3) P258 538040 0609020 538040 0709020 531200 609170214431 531200 609170214432 531200 609170214433 531200 609170214451 531200 709170214431 531200 709170214432 531200 709170214433 531200 709170214451 Fernando Costa (6122) S. Frank Crumb (8207) Roberto C. Sauceda (2387) ATTACHMENTS 1. 60BELLAIRE-DRIVE P253 A013.doc (Public) 2. 60BELLAIRE-DRIVE P258 A013.doc (Public) 3. 60BELLWSS-TNP COMPLIANCE.odf (CFW Internal) 4. 60BELLWSS-TNP MAP.ndf (Public) 5. 60BELLWSS-TNP Sewer FAR.odf (CFW Internal) 6. 60BELLWSS-TNP Water FAR.odf (CFW Internal) 7. PE45-538040-0609020.docx (CFW Internal) 8. PE45-538040-0709020.docx (CFW Internal) $158.719.00 $101.096.00 $33.645.00 $67.289.00 $11.215.00 $34.570.00 $22,430.00 $44,860.00 $7.477.00 $18.329.00 Logname: 60BELLWSS-TNP Page 2 of 2