HomeMy WebLinkAboutContract 58509 CSC No.58509
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and Quiddity Engineering, LLC, authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Hulen Street & West Risinger Road Intersection
Improvements- Project No. 103312.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A. Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $425,645.00 as set forth
in Attachment B. Payment shall be considered full compensation for all labor (including all
benefits, overhead and markups), materials, supplies, and equipment necessary to
complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas Prompt
Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein,
this Agreement shall be for a term beginning upon the effective date, as described below,
and shall continue until the expiration of the funds or completion of the subject matter
contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically
otherwise amended, the original term shall not exceed five years from the original effective
date.
Article IV
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November23,2021 OFFICIAL RECORD
Page 1 of 14
CITY SECRETARY
FT.WORTH,TX
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering representative
under this Agreement, providing professional engineering consultation and
advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional skill
and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made. Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the total
PROJECT cost and/or execution. These conditions and cost/execution
effects are not the responsibility of the ENGINEER.
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.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or
its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the contract
documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress or
quality of the completed work on the PROJECT or to determine, in general, if the
work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the contract documents,
nor shall anything in the contract documents or this AGREEMENT between CITY
and ENGINEER be construed as requiring ENGINEER to make exhaustive or
continuous on-site inspections to discover latent defects in the work or otherwise
check the quality or quantity of the work on the PROJECT. If the ENGINEER
makes on-site observation(s) of a deviation from the contract documents, the
ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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maintenance costs; competitive bidding procedures and market conditions;
time or quality of performance by third parties; quality, type, management,
or direction of operating personnel; and other economic and operational
factors that may materially affect the ultimate PROJECT cost or schedule.
Therefore, the ENGINEER makes no warranty that the CITY's actual
PROJECT costs, financial aspects, economic feasibility, or schedules will
not vary from the ENGINEER's opinions, analyses, projections, or
estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction contractor
has completed the work in exact accordance with the contract documents; that
the final work will be acceptable in all respects; that the ENGINEER has made
an examination to ascertain how or for what purpose the construction contractor
has used the moneys paid; that title to any of the work, materials, or equipment
has passed to the CITY free and clear of liens, claims, security interests, or
encumbrances; or that there are no other matters at issue between the CITY and
the construction contractor that affect the amount that should be paid.
H. Record Drawings
Record drawings, if required,will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT
was finally constructed. The ENGINEER is not responsible for any errors or
omissions in the information from others that is incorporated into the record
drawings.
I. Business Equity Participation
City has goals for the full and equitable participation of minority business and/or
women business enterprises in City contracts greater than $100,000. In
accordance with the City's Business Equity Ordinance No. 25165-10-2021
(replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X
of the City's Code of Ordinances, as amended, and any relevant policy or
guidance documents), the City has goals for the full and equitable participation
of minority business and/or women business enterprises in City contracts greater
than $100,000. Engineer acknowledges the MBE and WBE goals established
for this contract and its execution of this Agreement is Engineer's written
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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commitment to meet the prescribed MBE and WBE participation goals. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time
of not less than three (3)years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract. ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.
The CITY shall give ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further, that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3) hereof.
CITY shall give subconsultant reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of hard copies at the rate published in the Texas Administrative Code in effect
as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has obtained
all insurance required under Attachment F and City has approved such
insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY. The doctrine of
respondeat superior shall not apply.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which the
ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to
the ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights-of-way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as the CITY deems appropriate; and render in writing decisions
required by the CITY in a timely manner in accordance with the project schedule
prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or timing
of the ENGINEER's services or of any defect in the work of the ENGINEER or
construction contractors.
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
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of Article
IV.E. regarding the ENGINEER's Personnel at the construction site, and
provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with construction
contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with,or resulting from the engineering services performed. Only
the CITY will be the beneficiary of any undertaking by the
ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and
the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have
no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any right
the CITY has to bring a claim against ENGINEER.
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs,
drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but shall not be held liable
for any delay or omission in performance due to force majeure or other causes
beyond their reasonable control, including, but not limited to: acts of the public
enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars,
riots, material or labor restrictions by any governmental authority and/or any
other similar causes.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days'written notice to ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days'written notice or thereafter fails to diligently
complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit
to the CITY an itemized statement of all projected termination expenses. The
CITY'S approval shall be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER' personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against liability
for any damage committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control to the extent that the damage is caused by or resulting
from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier. CITY is entitled
to recover its reasonable attorney's fees in proportion to the ENGINEER's
liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the prior
written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govem the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for
any litigation related to this AGREEMENT shall be Tarrant County, Texas.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall
survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and comply
with all orders, laws ordinances and regulations which may exist or may be
enacted later by governing bodies having jurisdiction or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against the
drafting party, must not be employed in the interpretation of Agreement or any
amendments or exhibits hereto.
The failure of CITY or ENGINEER to insist upon the performance of any term
or provision of this Agreement or to exercise any right granted herein shall not
constitute a waiver of CITY's or ENGINEER's respective right to insist upon
appropriate performance or to assert any such right on any future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its employees
who perform work under this Agreement, including completing the
Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well as
establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to perform
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY,
upon written notice to ENGINEER, shall have the right to immediately
terminate this Agreement for violations of this provision by ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more
full time-employees and the contract value is $100,000 or more, the City is
prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel' and "company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this contract, ENGINEER certifies that ENGINEER'S signature
provides written verification to the City that if Chapter 2271, Texas
Government Code applies, ENGINEER: (1) does not boycott Israel; and
(2) will not boycott Israel during the term of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas
Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the
CITY is prohibited from entering into a contract for goods or services that has
a value of $100,000 or more, which will be paid wholly or partly from public
funds of the City, with a company (with 10 or more full-time employees) unless
the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and
"company" have the meaning ascribed to those terms by Chapter 2274 of the
Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, §
2). To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition Industries
ENGINEER acknowledges that except as otherwise provided by Chapter 2274
of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
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19, § 1), the CITY is prohibited from entering into a contract for goods or
services that has a value of$100,000 or more which will be paid wholly or partly
from public funds of the City, with a company (with 10 or more full-time
employees) unless the contract contains a written verification from the company
that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or
firearm trade association. The terms "discriminate," "firearm entity" and
"firearm trade association" have the meaning ascribed to those terms by
Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th
Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement,
ENGINEER certifies that ENGINEER's signature provides written
verification to the CITY that ENGINEER: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2)will not discriminate against a firearm
entity or firearm trade association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the same
instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C -Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F— Insurance Requirements
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY: BY:
CITY OF FORT WORTH ENGINEER
Quiddity Engineering,, LLC
William Johnson(No 2,202210:52 CST)
William Johnson Mark Holliday, P.E.
Assistant City Manager Vice President
Date: Nov 22, 2022 Date: November 2, 2022
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
Page 13 of 14
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Jan nette S.Goodall(Nov 22,202216:23 70
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:
Lauren Prieur
Interim Director,Transportation and Public Works
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-944091
WA
By:D41lack(Nov 21,202217:24 CS-0
Douglas W Black M&C No.: 22-0846
Sr. Assistant City Attorney
M&C Date: October 11, 2022
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
r��e//qui1rennments.
1 �¢L�/e"
Shweta Rao, P.E., PMP
Professional Engineer
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Standard Agreement for Engineering Related Design Services CPN 103312
Revised Date:November 23,2021
Page 14 of 14
FORT WORTH.,
ATTACHMENT "A"
Scope for Engineering Design Related Services for Intersection Improvements
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.
OBJECTIVE
The objective of the Hulen Street/W. Risinger Road Intersection Project is to improve
capacity of intersection by: Median work to relocate all left turn lanes to create zero offset,
construct NB right turn lane and channelized island, upgrade traffic signals, detection, and
communications, upgrade pedestrian signals, upgrade pedestrian ramps for ADA compliance,
signing, striping, and utility adjustments.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design (30%)
Task 3. Preliminary Design (60%)
Task 4. Final Design (90% and 100%)
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. Permitting
Task 10. Quality Control/Quality Assurance
TASK 1. 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 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 /Quality Assurance (QC/QA) is practiced in performance of
the work. Refer to Task 10 for further details.
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting:
• Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Attend two (2)field meetings with CITY representatives, including Traffic
Management, prior to the 30% and 90% submittals.
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FORT WORTH.,
• Conduct and document monthly project update meetings with CITY Project Manager
• Conduct review meetings with the CITY at the end of each design phase
• Conduct and document biweekly design team meetings
• Conduct QC/QA reviews and document those activities. Refer to Task 10 for further
details
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly Project Status Reports in the format provided by the
respective Transportation and Public Works Department.
• 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 in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as defined in
the City's Specification 00 31 15 entitled Engineer Project Schedule.
• Prepare and submit a preliminary Project Risk Register, preliminary Stakeholder
Register, and preliminary Project Communications Plan. CITY to modify and finalize.
• 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 provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• One (1) pre-design project kickoff/chartering meeting
• Two (2)field review meetings
• Three (3) monthly project update meetings during design phase
• Two (2) plan review meetings
• Seventeen (17) biweekly design team meetings (30 minutes for each meeting)
• All submittals to the City will be Quality checked prior to submission.
• Project design phase is anticipated to take Ten (10) months.
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FORT WORTH.,
• Project construction phase is anticipated to take Twelve (12) months.
• Ten (10) monthly updates of Project Status Reports, MWBE forms, TPBE, Risk
Register, and project Schedule.
DELIVERABLES
A. Meeting summaries with action items
B. QC/QA documentation
C. Baseline design schedule
D. Preliminary Project Risk Register, preliminary Stakeholder Register, and preliminary
Project Communications Plan
E. Monthly Schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly Project Status Reports
G. Monthly TPBE spreadsheet updates
H. Monthly Project Risk Register updates
I. Plan Submittal Checklists (See Task 10)
J. Monthly invoices
K. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. 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.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• Traffic Count Data: Microsoft Excel spreadsheet of Raw 24-hour and Turning
Movement Count data gathered at 15-minute intervals at a minimum on all raw data
collected. Provide Daily Summaries by Approach and Peak-Period Summaries by
Approach. Spreadsheet shall be uploaded to the Document Management folder
`TPW Traffic Count Data' (currently BIM 360)
• In addition to data obtained from the CITY, 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.
ENGINEER will also identify and seek to obtain data for existing conditions that may
impact the project including; utilities, agencies (TxDOT and railroads), City Master
Plans, and property ownership as available from the Tax Assessor's office.
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FORT WORTH.,
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities, private
utilities, private utilities and government agencies to determine the approximate
location of above and underground utilities, and other facilities (current and future)
that have an impact or influence on the project.
• The data collection efforts will also include conducting special coordination meetings
with affected property owners and businesses as necessary to develop sewer re-
routing plans.
2.2. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) per Task 8.
2.3. Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts
with existing utilities, and where known and possible consider potential future utilities
in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will
begin at the Conceptual Design phase.
• In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
• In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans
with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be
included in a Utility Clearance Letter for coordination. The ENGINEER may need to
coordination directly with the private utility provider if that provider needs to
undertake design to adjust their utility's location.
• The ENGINEER shall upload a PDF file of the approved preliminary plan set to the
designated project folder in the City's document management system (BIM 360)for
forwarding to all utility companies which have facilities within the limits of the project.
The PDF file should be created directly from the CAD files.
2.4 The Conceptual Design Package shall include the following: Preliminary cover and index
of sheets including project limits, area location map and beginning and end station limits.
• Quantity Summary page and each design sheet shall include a quantity take off
table.
• Traffic Engineering study to support the recommended design alternative such as
Intersection Control Evaluation Report (ICE), corridor analysis study or
alignment/feasibility study.
• Conceptual iSWM Checklist in accordance with the current CITY iSWM Criteria
Manual for Site Development and Construction, considering intended project scope
is only to modify existing inlets affected by the addition of the turn lanes. Full
intersection drainage review or design isn't proposed.
• SUE Plan sheets sealed by a licensed professional engineer registered in the State
of Texas.
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FORT WORTH.,
• Existing typical sections of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and direction
arrows, existing and proposed curbs, sidewalks, and retaining walls.
• Conceptual plan and profile sheets showing existing and proposed horizontal
roadway alignments, existing and proposed ROW, existing and proposed sidewalks
and driveways, proposed lane dimensions and lane arrows, existing drainage
structures, city owned and franchise utilities, and existing roadway vertical
alignments (profiles).
• Documentation of key design decisions.
• Estimates of probable construction cost.
ASSUMPTIONS
• Three (3)sets of 11"x17" size plans will be delivered for the 30% design.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City's document management system (BIM 360). ENGINEER
shall not proceed with Preliminary Design activities without written approval by the
CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
B. GGFIGept al design Repo
C. Traffic Count Data
D. Traffic Engineering Study
E. Conceptual iSWM Checklist
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. The Preliminary Design Drawings and Specifications shall include the following:
• Preliminary cover and index of sheets including project limits, area location map and
beginning and end station limits.
• SUE Plan sheets sealed by a licensed professional engineer registered in the State
of Texas.
• Quantity Summary page and each design sheet shall include a quantity take off
table.
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• Preliminary iSWM Checklist in accordance with the current CITY iSWM Criteria
Manual for Site Development and Construction, considering intended project scope is
only to modify existing inlets affected by the addition of the turn lanes. Full
intersection drainage review or design isn't proposed.
• Traffic Control Plan including all construction signage and pavement markings which
will be in accordance with the latest edition of the Texas Manual on Uniform Traffic
Control Devices.
• 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 (existing City Monument#8901, PK Nail,
5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in
the centerline of the inlet in the South curb line of North Side Drive at the East end of
radius at the Southeast corner of North Side Drive and North Main Street).
• Updated existing and proposed typical section sheets.
• Updated roadway plan and profile sheets displaying station and coordinate data for all
horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical
profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves,
grades, K values, e, and vertical clearances where required.
• No less than two bench marks plan/profile sheet.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
• Overall project easement layout sheet(s).
• Intersection layout sheets including ROW lines, horizontal alignments, utilities, curbs,
sidewalks, driveways, lane dimensions and arrows, and existing and proposed
contours (1' intervals or as needed to adequately depict the surfaces)
• Preliminary traffic signal and roadway details to include curbs, curb expansion joints,
driveways, sidewalks, and pavement details.
• Preliminary signing, pavement marking, illumination (as provided by FTW standard
lighting on signal poles) and signal layouts. No separate illumination plans are
proposed.
• Documentation of key design decisions.
• Estimates of probable construction cost.
3.2. (RESERVED)
3.3. Constructability Review
• 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.
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3.4. Public Meeting
After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend one (1) public meeting to help
explain the proposed project to residents. The CITY shall select a suitable location, time
and date. The Engineer needs to coordinate with the City's project manager to format
the mailing list of all affected property owners accordingly.
3.5. Utility Clearance
• ENGINEER will develop the design of CITY facilities to avoid or minimize conflicts
with existing utilities, and where known and possible consider potential future utilities
in designs. Where conflicts cannot be avoided, coordination of Utility Conflicts will be
identified at the Conceptual phase and begin at the Preliminary Design phase.
• In the case of a public utility conflict, the ENGINEER will design CITY facilities to
avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
• In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans
with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be
included in a Utility Clearance Letter for coordination at each design milestone. The
ENGINEER may need to coordination directly with the private utility provider if that
provider needs to undertake design to adjust their utility's location.
• The ENGINEER shall upload a PDF file of the approved preliminary plan set to the
designated project folder in the City's document management system (BIM 360)for
forwarding to all utility companies which have facilities within the limits of the project.
The PDF file should be created directly from the CAD files.
• ENGINEER to obtain utility as-builts and/or do field visits to confirm relocation is
complete and that the utility has been relocated in accordance with the plans, report
any discrepancies found, and provide documentation to support findings.
• ENGINEER to upload all utility as-builts in the City's document management system
BIM 360
ASSUMPTIONS
• Three (3)sets of 11"x17" size plans will be delivered for the 60% design for review
coordination.
• One (1) set of specifications will be delivered for the 60% design.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City's document management system (BIM 360).
• All submitted documents and checklists will be uploaded to the designated project
folder in the City's document management system (BIM 360).
• The CITY's front end and technical specifications will be used. The ENGINEER shall
supplement the technical specifications if needed.
• One (1) Public Meeting is assumed.
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FORT WORTH.,
• ENGINEER shall not proceed with Final Design activities without written approval by
the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications including QC/QA documentation
B. Utility Conflict Coordination Package
C. Geotechnical Report
D. Preliminary iSWM Checklist
E. Estimates of probable construction cost
F. Public Meeting exhibits
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100
PERCENT).
• Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• Final draft construction plans (90%) including specifications shall be submitted to CITY per
the approved Project Schedule.
• The ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a
Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for final
coordination.
• 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 the ENGINEER registered in State of Texas.
• Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site
Development and Construction, considering intended project scope is only to modify
existing inlets affected by the addition of the turn lanes. Full intersection drainage review
or design isn't proposed.
• A Quantity Summary page will be included in both the 90% and 100% design packages.
Each design sheet of those package shall include a quantity take off table.
• The ENGINEER shall submit an estimate of probable construction cost with both the 90%
and 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as
applicable.
ASSUMPTIONS
• Three (3)sets of 11"x17" size drawings and one (1) set of specifications will be delivered for
the 90% Design package.
• A PDF and DWF file for the 90% Design will be created from design CAD drawings and will
be uploaded to the project folder in the City's document management system (BIM 360).
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FORT WORTH.,
• Ten (10) sets of 11"x17" size drawings and two (2) set of specifications will be delivered for
the 100% Design package.
• A PDF and DWF file for the 100% Design will be created from design CAD drawings and will
be uploaded to the project folder in City's document management system (BIM 360).
DELIVERABLES
A. 90% construction plans and specifications including QC/QA documentation.
B. Utility relocation documentation.
C. Final iSWIM plan ( Final check list)
D. 100% construction plans and specifications including QC/QA documentation.
E. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's or TxDOT's standard bid items and format, as applicable
F. Original 11"x17" size cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
The CITY reserves the right to bid the project either via traditional project bid to via unit price
alternative delivery. ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto the City's
document management system (BIM 360) for access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing the city's unit price tool
only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, that will be populated and configured so that all pages are complete and
the Summary Worksheet(s) in the workbook detail and automatically summarize the
totals from the inserted Unit Price Proposal document worksheets.
• Plan Sets are to be uploaded to the City's document management system (BIM 360)
in two formats, .pdf and Awf files. The .pdf will consist of one file of the entire plan
set. The .dwf will consist of individual files, one for each plan sheet, and will be
numbered and named in a manner similar to that of the plan set index.
• The ENGINEER from Contractor's uploaded Plan Holder Registrations in the City's
document management system (BIM 360).
• 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 folder titled Request
for Information. The ENGINEER will provide technical interpretation of the contract
bid documents and will prepare proposed responses to all bidder's questions and
requests, in the form of addenda. The ENGINEER shall upload all approved addenda
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FORT WORTH.,
onto the City's document management system (BIM 360) and mail addenda to all plan
holders.
• Attend the pre-bid 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 are to be uploaded into the project's Bid Results
folder on the City's document management system (BIM 360) Incorporate all
addenda into the contract documents and issue conformed sets.
Engineer will provide 10 full sets and 3 full sets after bid opening - conformed set
with all approved addenda
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• Construction documents will only be made available on the City's document
management system (BIM 360) for plan holders and/or given to plan viewing rooms.
• Construction documents will not be printed and made available for purchase by plan
holders and/or given to plan viewing rooms.
• PDF, DWF and DWG files will be uploaded to the City's document management
system (BIM 360).
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Final iSWM Checklist
E. Construction documents (conformed)
F. CFW Data Spreadsheet
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
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FORT WORTH.,
• The ENGINEER shall prepare one (1)task order package for the CITY's Unit Price
Contractor.
• The ENGINEER shall attend the pre-construction conference.
• After the pre-construction conference, the ENGINEER shall provide project exhibits
and attend one (1) 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 attend monthly or bi-weekly construction progress meetings
during the duration of construction. The ENGINEER will prepare meeting notes with
action items and distribute to the project team.
• The ENGINEER will prepare a Construction Communication Plan detailing the
procedure for communicating between the Project Delivery Team members and the
Contractors.
• The ENGINEER will meet with concerned citizens as needed.
• 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.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, respond to Request for Information (RFI)
from the contractor, review change orders, and make recommendations as to the
acceptability of the work.
• The ENGINEER will meet with the Project Delivery Team and Contractor on-site to
review any field changes.
• The ENGINEER will coordinate with the TPW department as necessary.
• The Engineer will update and submit monthly the Project Status Report, Risk
Register, TPBE and Project Schedule.
• 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.
Information provided by the CITY may include, but is not limited to the following:
o As-Built Survey
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
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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:
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, in Adobe Acrobat PDF format (version 6.0 or higher) and in
DWF format. 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 digital files.
• 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, if required. 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
the City's document management system (BIM 360).
For information on the proper manner to submit files and to obtain a file number for the
project, the ENGINEER should coordinate with the City project manager. 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
• One (1) Public Meeting is assumed.
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FORT WORTH.,
• Twenty-Four(24) site visits are assumed.
• Six (6) submittal reviews are assumed.
• Two (2) RFI's are assumed.
• One (1) Change Order are assumed.
DELIVERABLES
A. Public meeting exhibits
B. Construction Communication Plan
C. Response to Contractor's Request for Information
D. Review of Change Orders
E. Review of shop drawings
F. Final Punch List items
G. Record Drawings in digital format
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below, per
scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• The ENGINEER shall determine rights-of-way, 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.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the City's document management system (BIM 360)
resources folder.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER should coordinate with the City project
manager to identify all needed 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.
• The documentation shall be provided in conformance with the checklists and
templates available on the City's document management system (BIM 360)
resources folder.
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ASSUMPTIONS
• 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 records, right-
of-way takings, easement vacations and abandonments, right-of-way vacations, and
street closures.
DELIVERABLES
A. Four(4) Easement exhibits and meets and bounds provided on CITY forms.
B. Four(4) Temporary Right of Entry cover 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.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb
line of North Side Drive at the East end of radius at the Southeast corner of
North Side Drive and North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same
coordinate system, as the Control.
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
City of Fort Worth,Texas Page 14 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 14 of 20
FORT WORTH.,
— Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall coordinate with the City's project
manager to identify, mail and obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the City's document management system resources folder.
8.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE)to Quality Level D, C, B, and A, as
described below. The SUE shall be performed in accordance with Cl/ASCE 38-02.
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.
• 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.
• Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
• 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 data; line status (e.g., active, abandoned, out of service); line size
and condition; number of jointly buried cables; and encasement.
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.
• Include survey and correlation of aerial or ground-mounted utility facilities in Quality
Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously surveyed,
check survey data for accuracy and completeness.
• 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.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
City of Fort Worth,Texas Page 15 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 15 of 20
FORT WORTH.,
• Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with utility
owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
• 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.
• 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.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside edges
of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical methods,
exploratory excavation, or upgrade to Quality Level A data.
• 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.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information as
is reasonably ascertainable from each test hole site.
ASSUMPTIONS
Up to five (5) Level A test holes (4-8 ft depth) are included.
DELIVERABLES
A. Drawing of the project layout with dimensions and coordinate list.
B. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
City of Fort Worth,Texas Page 16 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 16 of 20
FORT WORTH.,
TASK 9. 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 Texas Department of Licensing and Regulation (TDLR) Identify and analyze the
requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative
Code, and become familiar with the governmental authorities having jurisdiction to
approve the design of the Project.
• ENGINEER is responsible for providing plans that are in compliance with TDLR
requirements.
• Submit construction documents to the TDLR
• Completing all TDLR forms/applications necessary
• Obtain the Notice of Substantial Compliance from the TDLR
• Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction substantial
completion. Advise the CITY in writing of the results of the inspection.
• Responding to agency comments and requests
• All costs associated with TDLR plan review and inspections are to be paid by the
ENGINEER during the course of the project.
9.2 Storm Water Pollution Prevention Plan
• For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP)with appropriate regulatory agencies. The Engineer will prepare the iSWM
Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
9.3 Floodplain Services[provide detailed scope if CLOMR/LOMR and/or floodplain permit is
required]]
• Completing and submitting City Floodplain form
ASSUMPTIONS
• TDLR Permit preparation will begin after approval of the Conceptual Design. One (1)
meeting is assumed with the Registered Accessibility Specialist (RAS)for the TDLR
permit.
• No fees are required for City Floodplain permit
DELIVERABLES
City of Fort Worth,Texas Page 17 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 17 of 20
FORT WORTH.,
A. Copies of Permit Applications
B. Copies of Approved Permits
TASK 10. QUALITY CONTROL/QUALITY ASSURANCE
ENGINEER to provide to the City a Quality Control/Quality Assurance Plan (QC/QA Plan)
outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are
incorporated into the calculations, plans, specifications, and estimates.
ENGINEER is responsible for and shall coordinate all subconsultant activity to include quality
and consistency of plans.
If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the
CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its
review and return the submittal to the ENGINEER immediately for appropriate action. A
submittal returned to the ENGINEER for this reason may be rejected by the CITY Project
Manager.
10.1. QC/QA of Survey and SUE Data
• The ENGINEER's Surveyor shall perform Quality Control/Quality Assurance on all
procedures, field surveys, data, and products prior to delivery to the CITY. The CITY
may also require the ENGINEER's Surveyor to perform a Quality Assurance review
of the survey and/or subsurface utility engineering (SUE)work performed by other
surveyors and SUE providers.
• ENGINEER's Surveyor shall certify in writing via a letter that the survey information
provided has undergone a Quality Control/Quality Assurance process.
• ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a
letter that the SUE information provided has undergone a Quality Control/Quality
Assurance process.
10.2. QC/QA of Design Documentation
• ENGINEER shall perform a QC/QA review of all documents being submitted for
review at all stages of the design including the 30%, 60%, and 90% and Final
Document design review submittals. QA should be performed by an individual within
the firm who is not on the design team.
• ENGINEER is to acknowledge that each item on the Detailed Checklist has been
included by checking "done" on the checklist. If a particular checklist item is not
applicable, this should be indicated by checking "N/A'. If an entire checklist is not
applicable, this should be indicated by checking every item on the list as "N/A" and
still included with the submittal. The ENGINEER shall use the Detailed Checklist
provided by CITY.
• A Comment Resolution Log must be used to document conflicting comments
between reviewers and to highlight comments made by the CITY that the
ENGINEER is not incorporating into the design documents along with the associated
explanation. The ENGINEER shall use the Comment Resolution Log provided by
CITY.
City of Fort Worth,Texas Page 18 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 18 of 20
FORT WORTH.,
• The documentation of a QC/QA review includes (1) a copy of the color-coded,
original marked-up document (or"check print") developed during the QA checking
process and/or review forms which sequentially list documents and associated
comments; and (2) a QC sign-off sheet with signatures of the personnel involved in
the checking process. Mark-ups may also be documented using the Comment
Resolution Log.
• Evidence of the QC/QA review will be required to accompany all submittals.
Documentation shall include, but is not limited to, the following items:
- PDF of the completed Detailed Checklists
- PDF of the QC/QA check print of the calculations, plans, specifications, and
estimates demonstrating that a review has been undertaken;
- PDF of previous review comments (if any) and the ENGINERR's responses to
those comments in the Comment Resolution Log.
• If any of the above information is missing, is incomplete or if any comments are not
adequately addressed; the CITY may contact the ENGINEER and request the
missing information. If the ENGINEER does not respond to the request within 24
hours, the CITY shall reject the submittal. No additional time will be granted for a
returned submittal.
• If the ENGINEER has not adequately addressed the comments, the submittal shall
be rejected and returned to the ENGINEER immediately to address the issues.
ASSUMPTIONS
• All submittals to the City will be Quality checked prior to submission.
• A PDF of the QC/QA documentation will be uploaded to the project folder in
Buzzsaw.
DELIVERABLES
A. QC/QA documentation
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 — be sure to track changes.
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 — be sure to track changes. in
writing by both parties before the services are performed. These additional services include the
following:
• Appraisal and negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
City of Fort Worth,Texas Page 19 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 19 of 20
FORT WORTH.,
• Construction management and inspection services
• Services beyond the anticipated twelve (12) month construction duration.
• Services related to electrical engineering design for illumination of project area.
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken or
defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Worth,Texas Page 20 of 20
Attachment A Hulen Street&West Risinger Road Instersection Improvements
PMO Release Date:02.06.2015 CPN 103312
Page 20 of 20
ATTACHMENT B
COMPENSATION
Design Services for
Hulen Street and West Risinger Road Intersection Improvements
City Project No. 103312
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated for personnel time, non-labor expenses,
and subcontract expenses in performing services enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Category Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries,
overhead, and profit.
Labor Category 2022 Rate 2023 Rate
$/hour $/hour
Project Director PE V $275 $290
Project Manager PE IV $255 $270
Project Engineer PE I $175 $185
En ineer-in-Trainin DE II $145 $155
Desi ner/CADD (Designer I $130 $140
Administration Admin II $100 $105
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non-labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall
be reimbursed at cost to ENGINEER plus a markup of five percent (5%).
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment B CPN 103312
PMO Official Release Date:8.09.2012
Page 1 of 4
B-1
ATTACHMENT B
COMPENSATION
iv. Budgets. ENGINEER will make reasonable efforts to complete the work
within the budget and will keep the City informed of progress toward that end so
that the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may
be adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by
the City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. The ENGINEER shall be paid by the City based upon an invoice created on the
basis of statements prepared from the books and records of account of the
ENGINEER, based on the actual hours and costs expended by the ENGINEER
in performing the work.
B. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
C. ENGINEER shall prepare and submit invoices in the format and including content
as presented in Exhibit B-1.
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment B CPN 103312
PMO Official Release Date:8.09.2012
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Quiddity Engineering Coordination and delivery of $356,045.00 83.65
project
Proposed MWBE Sub-Consultants
The Rios Group Subsurface Utility Engineering $34,800.00 8.18
Gorrondona&Assoc. Survey $21,500.00 5.05
Gorrondona&Assoc. Easement Documents (if needed) $6,400.00 1.50
Gorrondona&Assoc. Utility Clearance (if needed) $4,000.00 0.94
CJ Hensch Traffic Counts $2,000.00 0.47
Non-MWBE Consultants
TBD TDLR Review and Inspection $900.00 0.21
TOTAL $ 425,645.00 100%
Project Number& Name Total Fee MWBE Fee MWBE %
Hulen Street and West Risinger Road $ 425,645.00 $ 68,700.00 16.14 %
Intersection Improvements
City MBE/SBE Goal = 15% Consultant Committed Goal = 16.14 %
(depending on services required)
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment B CPN 103312
PMO Official Release Date:8.09.2012
Page 3 of 4
B-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 desired work types and work phases.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment B CPN 103312
PMO Official Release Date:8.09.2012
Page 4 of 4
B-4
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Hulen Street&West Risinger Road Intersection Improvements
City Project No. 103312
No Changes to Standard Agreement
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment C CPN 103312
PMO Release Date:05.19.2010
Page 1 of 1
FORT WORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier' level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth,Texas Hulen Street&West Risinger Road Intersection Improvements
Attachment D CPN 103312
Revision Date:07.20.2018
Page 1 of 1
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L7\\ Q U I D D I T Y HULEN STREET a WEST RISINGER CITY OF FORT WORTH
ROAD INTERSECTION IMPROVEMENTS
Texas Board of Professional Engineers and land Surveyors 137 No..268.20 CPN• 10SS12 FORT WORTH,TEXAS
4500 Mercantile Plaza Drive,Suite 210-Fort Worth,Texas 76137-682.268.2200 ,
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
i. City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
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 Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non-owned autos is acceptable.
Insured waives all rights against 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 Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers'Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against 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 Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims-made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed,whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution.Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services.Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self-funded or
CFW Standard Insurance Pequirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. 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. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10)days'notice shall be acceptable
in the event of non-payment of premium.
f. 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 as determined by the City's Risk Management division.
g. Any deductible or self-insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first-dollar basis. City, at its sole
discretion,may consentto alternative coverage maintained through insurance
pools or risk retention groups.Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims-
made basis, shall contain a retroactive date coincidentwith or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims-made.
k. Coverages,whether written on an occurrence or claims-made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Pequirements Page 3 of 3
Rev. 5.04.21
10/12/22,4:01 PM M&C Review
Official site of the city of Fort Mrth,Texas
CITY COUNCIL AGENDA FORrTW�H
Create New From This M&C
DATE: 10/11/2022 REFERENCE**M&C 22-LOG 2022 ENGINEERING CONTRACTS FOR
NO.: 0846 NAME: INTERSECTION IMPROV PROJECTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 6 and CD 8)Authorize Execution of Engineering Services Agreements with Pacheco
Koch Consulting Engineers, Inc.,Quiddity Engineering,LLC,Kasper/Graham Associates,
Inc.d/b/a Graham Associates Inc.,and Freese and Nichols,Inc.for Design and
Construction Management Services for Four Intersection Improvement Projects for a
Combined Amount Not to Exceed$1,349,629.00(2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council authorize execution of the following engineering contracts for design and construction management services for
a total amount not to exceed$1,349,629.00:
1. Pacheco Koch Consulting Engineers, Inc.,for improvements at Bryant Irvin Road and Oakmont Boulevard (City Project No. 103307), in an
amount not to exceed $236,049.00;
2. Quiddity Engineering, LLC,for improvements at Hulen Street and West Risinger Road (City Project No. 103312), in an amount not to exceed
$425,645.00;
3. Kasper/Graham&Associates, Inc. d/b/a Graham Associates,Inc.,for improvements at Trinity Boulevard and Euless South Main Street(City
Project No. 103311), in an amount not to exceed $412,040.00; and
4. Freese and Nichols, Inc.,for improvements at Forest Hill Drive and Royal Crest Drive(City Project No. 103308), in an amount not to exceed
$275,895.00.
DISCUSSION:
This Mayor and Council Communication(M&C)is to authorize engineering services agreements for Intersection Improvements projects at four
intersections across the City of Fort Worth(City).The funding for these four intersection projects was included in the Proposition A-Streets and Mobility
Improvements section of the appropriation ordinance for costs associated with projects in the 2022 bond program adopted via M&C 22-0599 in the
cumulative amount of$300,000,000.00.The firms were selected based on the pre-qualification list of firms from the Category-2 of the Request for
Qualifications advertised in August 2020 for various capital project improvements.The Intersection Improvement Category 2 required a Request For
Additional Information(RFAI)submission for the final selection process.City staff performed this RFAI process this summer which resulted in thirteen
firms been chosen to award these design agreements.Quiddity Engineering,LLC was formerly known as Jones&Carter, Inc.The name change ocurred
after the original RFQ was published and responses received by staff.
Following is the list of proposed intersections for traffic signal improvements and the engineerign firm assigned to the projects:
Not to Exceed Total Project Budget
Project Engineering Consultant Contract/Amendment Authorized by M&C 22-0599
Amount
103307-Bryant Irvin Road and Pacheco Koch Consulting Engineers, $236,049.00 $850,000.00
Oakmont Boulevard (CD 6) Inc.
103312-Hulen Street and West Quiddity Engineering, LLC $425,645.00 $1,400,000.00
Risinger Road(CD 6)
103311 -Trinity Boulevard and Euless Kasper/Graham&Associates, Inc. $412,040.00 $1,450,000.00
South Main Street(CD 8) Id/b/a Graham Associates, Inc _F
103308-Forest Hill Drive and Royal Freese and Nichols, Inc $275,895.00� $1,000,000.00
Crest Drive(CD 8)
Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the Bryant Irvin Road at Oakmont Boulevard,Hulen Street at West
Risinger Road,Trinity Boulevard at Euless South Main Street,and Forest Hill Drive at Royal Crest Drive,as appropriated.
This project is included in the 2022 Bond Program.Once the bonds are sold,proceeds will reimburse the interim financing source in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance No.25515-05-
2022)and subsequent actions taken by the Mayor and Council.
M/WBE Office:
Pacheco Koch Consulting Engineers, Inc.,is in compliance with the City's Business Equity Ordinance by commiting to 9\%Business Equity participation
on the Bryant Irvin Road and Oakmont Boulevard project.The City's Business Equity goal on City Project No. 103307 is 9\%.
Quiddity Engineering,LLC is in compliance with the City's Business Equity Ordinance by committing to 15\%Business Equity participation on the Hulen
Street and West Risinger Road project.The City's Business Equity goal on City Project No. 103312 is 15\%
Kasper/Graham&Associates, Inc.d/b/a Graham Associates, Inc.,is in compliance with the City's Business Equity Ordinance by committing to 23\%
Business Equity participation on the Trinity Boulevard and Euless South Main Street project.The City's Business Equity goal on City Project No.
103311 is 12\%
Freese and Nichols Inc„is in compliance with the City's Business Equity Ordinance by committing to 14\%Business Equity participation on the Forest
Hill Drive and Royal Crest Drive project.The City's Business Equity goal on City Project No. 103308 is 14\%
These projects are located in COUNCIL DISTRICTS 6 and 8.
FISCAL INFORMATION/CERTIFICATION:
apps.cfwnet.org/council_packet/mc_review.asp?I D=30399&councildate=10/11/2022 1/2
10/12/22,4:01 PM M&C Review
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated,in the 2022 Bond Program Fund for
the Bryant Irvin Rd at Oakmont BI,the Forest Hill Dr at Royal Crest,the Trinity Blvd at Euless South M and the S Hulen St at W Risinger Rd projects.
Prior to an expenditure being incurred,the Transportation and Public Works Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# I Amount
ID I I ID I I I Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I I Year Chartfield 2
Submitted for City Manager's Office by_ William Johnson(7801)
Originating Department Head: Lauren Prieur(6035)
Additional Information Contact: Monty Hall(8662)
ATTACHMENTS
103307 Form 1295.pdf (CFW Internal)
103307 MWBE Compliance Memo PachecoKoch.pdf (CFW Internal)
103308 Form 1295.p_df (CFW Internal)
103308 MWBE Compliance Memo Freese&Nichols Inc.pdf (CFW Internal)
103311 Form 1295.pdf (CFW Internal)
103311 MWBECompMemo Kasper-Graham&Associates 9.16.22 GV.pdf (CFW Internal)
103312 Form 1295.pdf (CFW Internal)
103312 MWBE Compliance Memo Quiddity Engineering LLC.Zdf (CFW Internal)
2022 ENGINEERING CONTRACTS FOR INTERSECTION IMPROV PROJECTS funds availabilitypdf (CFW Internal)
2022 ENGINEERING CONTRACTS FOR INTERSECTION IMPROV PROJECTS Updated FID tableQ.xlsx
(CFW Internal)
Kasper-Graham&Associates,Inc Right to Transact Business in Texas.Zdf (Public)
Project Location Maps 103307;103308;103311;103312.pdf (Public)
SAM Search 103307,103308,103311,103312.pdf (CFW Intemal)
apps.cfwnet.org/council_packet/mc_review.asp?I D=30399&councildate=10/11/2022 2/2
FORT WORTH;:;
Routing and Transmittal Slip
Transportation & Public Works
Department
DOCUMENT TITLE: S Hulen St & Risinger Rd Intersection
Improvements Engineering Contract
M&C: 22- CPN: 103312 CSO: DOC#:
0846
Date:
To: Name Department Initials Date Out
1. Shweta Rao, Project Manager TPW SR Nov 17,2022
2.
3. Michelle Hadley-McGhee TPW
4. Sophia Gatewood Risk Mgmt g Nov 17,2022
5. Michael Owen TPW o Nov 18,2022
6. Lauren Prieur TPW LP Nov 21,2022
7 Doug Black Legal wb Nov 21,2022
8 William Johnson CMO ,. Nov 22,2022
9 Jannette Goodall CSO sG Nov 22,2022
10. TPW Contracts TPW
CC: Program Manager,Sr.CPO,TPW BSPAP Recon Team,TPW Records Room,TPW
Contracts
DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all
City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE
APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip,David will review
and take the next steps.
NEEDS TO BE NOTARIZED: ❑YES ®No
RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No
ROUTING TO CSO: ®YES ❑No
Action Required: ❑ Attach Signature, Initial and Notary Tabs
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
Return To: Please notify TPWContracts(i�fortworthtexas.2ov for pickup when complete. Call ext.
7233 or ext. 8363 with questions. Thank you!