HomeMy WebLinkAboutContract 58714CSC No. 58714
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 James DeOtte Engineering, Inc., authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Cunningham Road HROM —
Project No. 104018.
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 $766,497 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.
OFFICIAL RECORD
City of Fort Worth, Texas CITY SECRETARY Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021 FT. WORTH, TX
Page 1 of 15
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on -site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on -site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the contract documents.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 4 of 15
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 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
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 5 of 15
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.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 6 of 15
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 7 of 15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 8 of 15
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 9 of 15
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 10 of 15
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 govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 11 of 15
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 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
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 12 of 15
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. 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
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 13 of 15
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:
CITY OF FORT WORTH
William Johnson (Jan)10, 202315:45 CST)
William Johnson
Assistant City Manager
Date: Jan 10, 2023 q9
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;afhette S. Goodall (Jan 12, 2023 08 CST)
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By: Lauren Prieur (Jan 3, 202320:56 CST)
Lauren Prieur
Interim Director, Transportation & Public
Works Department
APPROVED AS TO FORM AND LEGALITY
L
By: DBlack (Jan 10, 2023 10:35 CST)
Douglas W Black
Sr. Assistant City Attorney
BY:
ENGINEER
James DeOtte En ineering, Inc.
w
Brian Darby,-P
Vice President
Date: 12/14/2022
Form 1295 No. 2022-865016
M&C No.: MC 22-1008
M&C Date: 11-29-2022
City of Fort Worth, Texas OFFICIAL RECORD Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021 CITY SECRETARY
Page 14 of 15 FT. WORTH, TX
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
reauuiirreefinents.
Mike Crenshaw, P.E., CFM
Project Manager
City of Fort Worth, Texas Cunningham Road HROM
Standard Agreement for Engineering Related Design Services City Project No. 104018
Revised Date: November 23, 2021
Page 15 of 15
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Protects
The scope set forth herein defines the work to be performed by the ENGINEER in completing
the project. Both the CITY and ENGINEER have attempted to clearly define the work to be
performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded
to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER.
OBJECTIVE
Site 630 Cunningham Road: The project consists of design and construction of a 210' bridge
crossing able to pass the 100-year storm event. In order to comply with City criteria, the
roadway is to be widened to 31' (from back of curb to back of curb) with the addition of a 5'
wide sidewalk on each side. The project includes the following additional design elements:
- Pavement Design
- Temporary Cunningham Road Detour Roadway Design
- Local Storm Drain Design along Cunningham Road
- Bridge Substructure and Superstructure Design: Plans and details for bridge, foundation,
abutments, bents and piers, framing, and slab span
- Bridge Scour Analysis
- Detailed Grading
- USCOE Permitting
- Concrete Riprap, Rock Riprap Sizing and Placement
- Coordination with Water Department City Utility Adjustments and Relocations including:
- Approximately 850 linear feet of 12-inch water line replacement relocation
- Approximately 200 linear feet of 24-inch sewer line replacement relocation
- Coordination with Franchise Utilities for Overhead Utility Relocations
- Coordination and Encroachment Agreement with Williams for Gas Pipeline
- Coordination with TxDOT for new Cunningham intersection and temporary construction
detour access.
- Coordination with South Fork Addition and potentially other future developments
- Coordination with City of Fort Worth Fire Department
- Residential Driveway Reconstruction (2100 Cunningham)
- Pavement Markings and Signs
- Erosion Control Measures
- Illumination
- Construction Phasing
- LOMR
WORK TO BE PERFORMED
Task 1.
Design Management
Task 2.
Conceptual Design
Task 3.
Preliminary Design
Task 4.
Final Design
Task 5.
Bid Phase Services
Task 6.
Construction Phase Services
Task 7.
ROW/Easement Services
Task 8.
Survey Services
Task 9.
Permitting
City of Fort Worth, Texas
Attachment A
PMO Release
Date: 07/23/2012
Page 1 of 23
Cunningham Road HROM
CPN # 104018
Task 10. Plan Submittal Checklists
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 is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements with Water Department City Utility Adjustments
and Relocations.
• Conduct and document virtual 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.
• 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 progress reports in the format provided by the respective
CITY 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 and according to the City of Fort Worth's Schedule Guidance Document.
• 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
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 2 of 23
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) constructability review meeting during design
• Thirty -Six (36) virtual monthly project update meetings during design phase
• Three (3) plan review meetings
• Twenty-eight (28) biweekly design team meetings
• All submittals to the City will be Quality checked prior to submission.
• Project design phase is anticipated to take fourteen (14) months.
• Project construction phase is anticipated to take sixteen (16) months.
• Project closeout phase is anticipated to take sixteen (6) months.
• Thirty-six (36) monthly updates of MWBE forms.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
G. Plan Submittal Checklists (See Task 10)
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 utilize concepts and criteria contained in the current CITY — iSWM Criteria
Manual for Site Development and Construction for conceptual planning and design.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 3 of 23
• Obtain and review data from FNI including Schematic Design, HEC-RAS Modeling,
Technical Memorandums, Federal and State Agency Correspondence, Opinion of
Probable Construction Cost, and other data included from the Schematic Design.
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 (such as TxDOT and
railroads), CITY Master Plans, CITY drainage complaint files, existing applicable
drainage studies, FEMA floodplain and floodway maps, existing models of project
area (if any) and property ownership as available from the Tax Assessor's office.
2.2. Initial project site visit
2.3. Drainage Computations
ENGINEER will delineate the watershed based on contour data and field
verification and document existing street, right-of-way and storm drain capacities
for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale
from available 2-foot contour data with the contours labeled. Data source and year
will be provided by the CITY. Calculations regarding street and right-of-way
capacities and design discharges (5-year and 100-year frequencies) at selected
critical locations will be provided. Other frequencies as required by iSWM criteria
may be appropriate for outfalls and sensitive locations. Capacities of existing
storm drain will be calculated and shown. All calculations shall conform to CITY
criteria delineated in the current CITY iSWM Criteria Manual for Site Development
and Construction. All locations in the project area where 100-year runoff exceeds
available storm drain and right-of-way capacities shall be clearly identified. The
ENGINEER's responsibility includes recommendations for improvements of the
existing system as deemed reasonable and consistent with CITY standards.
• This information will be based on the provided information previously performed
by FNI.
2.4. Subsurface Utility Engineering
Obtain additional Subsurface Utility Engineering (SUE) as needed (FNI has provided Level
A and B SUE within the ROW).
Include the SUE plans sheets and test hole data sheets as provided by Criado &
Associates, Inc.
Provide Subsurface Utility Engineering (SUE) to Quality Level B to determine the
ownership and status (active/abandoned) of the fiber line along the north side of
Cunningham Road 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.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 4 of 23
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.
• 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.
• 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 Qualitv 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.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 5 of 23
• As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction,
that enables the correlation of surface geophysical data to the project's survey
control.
2.5. Geotechnical Investigation/Pavement Design
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing bids
and a Trench Safety Plan.
• The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identifying existing groundwater elevation at each boring.
2.6. The Conceptual Design Package shall include the following:
• Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's standard
tabular format.
• Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual
for Site Development and Construction. Include documentation that the proposed
storm water project will not impact upstream and downstream properties.
• SUE Plan sheets sealed by a licensed professional engineer registered in the State
of Texas.
• Temporary Cunningham Road Detour Roadway Design Layout with low water
crossing
• Bridge Design Plans
• Residential Driveway Reconstruction (2100 Cunningham Road)
• Coordination with South Fork Addition (and their engineering consultant, Teague,
Nall, Perkins) and potentially other future developments
• Coordination with Water Department City Utility Adjustments and Relocations
including:
• Approximately 850 linear feet of 12-inch water line replacement relocation
• Approximately 200 linear feet of 24-inch sewer line replacement relocation
• Coordination with Franchise Utilities for Utility Relocations
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 6 of 23
• Coordination and Encroachment Agreement with Williams for Gas Pipeline
• Coordination with Matador Ranch Homeowner's Association
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, streets, street right-of-way, proposed easements, and
existing utilities gathered during the SUE within the project limits as provided by.
• Proposed phasing of water, sanitary sewer, street, and drainage work documented
in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02.
• Four (4) borings at an average bore depth of 45 to 50 feet each will be provided.
• Two (2) copies of the geotechnical report will be delivered to the CITY.
• One (1) PDF copy of the conceptual design package will be delivered.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM360
• All submitted documents and checklists will also be uploaded t the designated
project folder in BIM360
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Geotechnical Report
B. Conceptual Design Package.
C. Conceptual iSWM Checklist
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the current iSWM Criteria Manual
for Site Development and Construction.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 7 of 23
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).
• Overall project easement layout sheet(s).
• SUE plan drawings.
• Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual
for Site Development and Construction
• Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways, medians
(if applicable), sidewalks, existing and proposed water and sanitary sewer mains,
existing utilities gathered during the SUE and existing utility easements within the
project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not already
included in the City's standard details. These may include connection details
between various parts of the project, tunneling details, boring and jacking details,
waterline relocations, details unique to the construction of the project, trenchless
details, and special service lateral reconnections.
• Prepare separate drawings for water and/or sanitary sewer mains including a
overall water and/or sanitary sewer layout sheet and plan and profile drawings.
• Overall project water and/or sanitary sewer layout sheets. The water layout sheet
shall identify the proposed water main improvement/ existing water mains in the
vicinity and all water appurtenances along with pressure plane boundaries, water
tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all sewer
appurtenances in the vicinity.
Plan and profile sheets which show the following: proposed water and/or sanitary
sewer plan/profile and recommended pipe size, fire hydrants, water service lines
and meter boxes, gate valves, isolation valves, manholes, existing meter numbers
and sizes that are to be replaced, existing sample locations, existing fire line
locations, existing utilities and utility easements, and all pertinent information
needed to construct the project. Legal description (Lot Nos., Block Nos., and
Addition Names) along with property ownership shall be provided on the plan view.
The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or lateral
is changed, provisions will be made in the final plans and/or specifications by the
ENGINEER to relocate all service lines which are connected to the existing main
and connect said service lines to the relocated main.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 8 of 23
The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During design
survey, if a rod can be inserted through the cleanout to the bottom of the service
line, the ENGINEER will obtain the flow line elevation and design the service line
prior to advertising the project for bid. If the service flow line information cannot be
obtained during design survey, the ENGINEER shall delay the design of the sewer
service line until after a Quality Level A Subsurface Utility Engineering (SUE
investigation has been performed). The Level A SUE will be performed; (1) by the
ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the
CITY determines that it is needed for satisfactory completion of the design; or (3) by
the Contractor after the project has been bid, by means of a bid item to that effect.
In all options, the ENGINEER shall propose appropriate de -hole locations in the
project and collect flow line elevation and other applicable information of the sewer
service line. The ENGINEER shall use this information to provide the design for the
sanitary sewer service line to be rerouted or relocated.
• Station equations relating utilities to paving, when appropriate.
Proposed roadway profile grades and elevations along each curb line; elevations at
all P.V.I.'s; P.I's half stations; high and low points; vertical curve information; and
pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing
ground at the left and right of right-of-way lines shall be shown. Existing found
property corners (e.g. Iron pins) along the existing right-of-way shall be shown on
the plans. Profiles for existing and proposed storm drain mains and laterals shall be
provided.
• Channel plan and profile drawings shall include existing channel centerline, existing
left and right top of channel bank, proposed top of channel backs, and 100 year
water surface profile.
Preliminary roadway and/or channel cross -sections will be developed, from the
survey notes, at intervals not -to -exceed 50 foot along the project length and will
extend 10 foot past the right of way line on both sides of the street. Additional cross -
sections at important features including driveways, P.I.'s of intersecting streets,
(minimum distance of 100 foot along cross -street at each P.I.) walks, retaining walls,
etc., will also be provided. Profiles of centerline of driveways will also be provided
where necessary. Scale will be 1" = 20' horizontal and 1" = 2' vertical. Excavation
and embankment volumes and end area computations shall also be provided.
• Bridge Substructure and Superstructure Design: Plans and details for bridge,
foundation, abutments, bents and piers, framing, and slab span
• Bridge Scour Analysis
• Concrete Riprap, Rock Riprap Sizing and Placement
• Detailed Grading
• Retaining Wall Design (back of 9137 Blakely Drive and side of 2100 Cunningham
Road)
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 9 of 23
• Pavement Markings and Signs
• Erosion Control Measures
• Illumination
• Construction Phasing
3.2. 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.
3.3. Public Meeting
After the preliminary plans have been reviewed and approved by the CITY, the
ENGINEER shall prepare project exhibits, and attend public meeting to help
explain the proposed project to residents. The CITY shall select a suitable location
and mail the invitation letters to the affected customers. The ENGINEER shall
coordinate with CITY GIS staff to identify affected property owners/residents and
develop a spreadsheet listing addresses of those to invite to the public meeting.
3.4. Utility Clearance
The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and possible
consider potential future utilities in designs.
The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in BIM360 for
forwarding to all utility companies which have facilities within the limits of the project.
The DWF files should be created directly from the CAD files as opposed to PDF
files.
3.5. Bridge Substructure and Superstructure Design:
Provide structural design for Cunningham Road bridge over drainage area. Bridge
length approximately 210'. Bridge width approximately 45' with two traffic lanes
and walkway on both sides. Bridge substructure to be drilled shafts with concrete
columns. Bridge superstructure to be prestressed concrete beams and cast in
place concrete deck. Bridge rails to be combination rails per the City's guidance
based on 35 mph design speed. Light pole supports on bridge.
3.6. Retaining Wall Design
Provide plans and detail for retaining wall contain the proposed bridge grading
within the proposed slope easement on 2100 Cunningham Road that to prevent
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 10 of 23
encroachment into the back of the existing developed residential lot at 9137
Blakely Drive.
3.7. Illumination
• Provide lighting design and specifications to meet local code and coordinate with
local utility. In addition, provide cost estimates for the electrical portion of the work
as part of this project. Lighting will be designed around the City of Fort Worth
requirements and TXDOT standards where applicable on this project. No HVAC
or Plumbing services will be required.
• The electrical system will include a new service and controls for the new street and
bridge lighting fixtures. Light fixtures and control methods will be designed around
City requirements and standards.
3.8. Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations posted
as "Typicals" on the CITY's BIM360 website. The typicals need not be sealed
individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department. These
drawings shall be sealed by a professional engineer registered in the State of
Texas.
3.9. Flood Study Report
HEC-RAS model update for Cunningham improvements occurring prior to South
Fork Addition.
• Refine proposed geometry of the hydraulic modeling if needed and verify
compliance with Floodplain criteria. Update delineation of proposed floodway and
floodplain and flood study report accordingly. Submit draft Flood Study Report
(FSR) to Floodplain.
3.10. Williams Gas Pipeline Encroachment Agreement
Coordinate with Williams to obtain Encroachment Agreement and identify
construction guidelines for work on -site over the pipeline. Based July 30, 2021
correspondence with Williams, it is expected that relocation will not be required.
3.11. Develop construction phasing plan
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an
additional ten (10) project specific traffic control sheets will be developed.
• One (1) PDF copy of the preliminary plans will be delivered for Utility Clearance.
• Two (2) half size 11 "x17" plans will be delivered for Constructability Review.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 11 of 23
• One (1) PDF copy of the preliminary drawings will be delivered for Preliminary
Design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in BIM360.
• All submitted documents and checklists will also be uploaded to the designated
project folder in BIM360.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings
B. Preliminary iSWM Checklist
C. Utility Clearance drawings
D. Documentation of key design decisions (Project Decision Log)
E. Estimates of probable construction cost
F. Public Meeting exhibits
G. Traffic Control Plans
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 and specifications included iSWM Construction Plan shall
be submitted to CITY per the approved Project Schedule.
• Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site
Development and Construction.
• Submit Flood Study Report to Floodplain for final review with a log of any changes from
the 60% FSR (only changes will be reviewed).
• The ENGINEER shall submit a final design estimate of probable construction cost with the
final design plans submitted. This estimate shall use ONLY standard CITY bid items.
• 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.
• Attend public meeting hosted by City.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM Criteria
Manual for Site Development and Construction.
• One (1) PDF copy of the drawings and specifications will be delivered for the 90% design.
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Attachment A CPN # 104018
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• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in BIM360.
• Ten (10) full size 22"x34" drawings and Ten (10) specifications will be delivered for the
100% design.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in BIM360.
• Estimated final sheet list (cover, drainage area map, project control, easement layout,
SUE plan sheets, no. of plan/profiles, special detail shts, etc.)
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Final iSWM Checklist
D. Documentation of key design decisions (Project Decision Log).
E. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
F. Original cover mylar for the signatures of authorized CITY officials.
G. Digital cover sheet for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto BIM360 for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are complete
and the Summary Worksheet(s) in the workbook detail and automatically
summarize the totals from the inserted Unit Price Proposal document
worksheets.
• Plan Sets are to be uploaded to BIM360 in two formats, .pdf and .dwf files. The
.pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in a
manner similar to that of the plan set index.
• The ENGINEER 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
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BIM360 folder titled Request for Information. The ENGINEER will provide
technical interpretation of the contract bid documents and will prepare proposed
responses to all bidders questions and requests, in the form of addenda. The
ENGINEER shall upload all approved addenda onto BIM360 and mail addenda to
all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract documents,
the ENGINEER will advise the CITY as to the acceptability of alternate materials
and equipment proposed by bidders.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results folder on BIM360.
• Assist the CITY with assembling and awarding contracts for construction,
materials, equipment, and services.
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and
one (1) DWF file (created from CAD application of drawing) for the TPW plan set
and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file
shall be created from the original CAD drawing files and shall contain all associated
sheets of the particular plan set. Singular PDF and DWF files for each sheet of
a plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320—org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755—org18.pdf
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 14 of 23
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in BIM360.
• In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
TPW files shall use the W number as for PDF and DWF files, but shall include
the sheet number in the name — "W-1956_SHT01.dwg", "W-
1956—SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and DWF
files, but shall include the sheet number in the name — "X-
12155_SHT01.dwg", "X-12755_SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• PDF, DWF and DWG files will be uploaded to BIM360.
DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable)
E. CFW Data Spreadsheet
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Coordination with City of Fort Worth Fire Department.
6.2. Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project exhibits
and attend public meeting to help explain the proposed project to residents. The
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 15 of 23
CITY shall select a suitable location and mail the invitation letters to the affected
customers.
The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
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 BIM360.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
The ENGINEER shall attend the "Final' project walk through and assist with
preparation of final punch list.
6.3. Record Drawings
The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction. The
following information shall be provided by the CITY:
o As -Built Survey
o Red -Line Markups from the Contractor
o Red -Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and shall
be placed on each plan sheet, whether there are any revisions on the sheet or not.
Each sheet shall clearly indicate all changes which apply to that sheet by clouding
and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by
others and represent the as constructed conditions to the extent that
documented changes were provided for recording. The ENGINEER
assumes no liability for undocumented changes and certifies only that the
documented changes are accurately depicted on these drawings.
The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 16 of 23
keep copies of the information provided by the CITY for their files, but all original
red -lined drawings shall be returned to the CITY with the mylars.
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and
one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the
Water plan set. Each PDF and DWF file shall contain all associated sheets of the
particular plan set. Singular PDF and DWF files for each sheet of a plan set
will not be accepted. PDF and DWF files shall conform to naming conventions
as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320—org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in BIM360.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number (817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• Sixteen (16) monthly site visits are assumed.
• Ten (10) submittal reviews are assumed.
• Five (5) RFI's are assumed.
• Two (2) Change Orders are assumed.
• One copy of full size (22"x34") mylars will be delivered to the CITY
DELIVERABLES
A. Public meeting exhibits
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 17 of 23
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements 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 and easement needs for
construction of the project. Required temporary and permanent easements will be
identified based on available information and recommendations will be made for
approval by the CITY. This was performed as part of the Head Start engineering
agreement.
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The ENGINEER shall submit the right-of-way and/or easement documents to CITY
PM for real property acquisition
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's BIM360 site.
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, right-
of-way takings, easement vacations and abandonments, right-of-way vacations,
and street closures.
DELIVERABLES
A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms:
a. Right -of -Way (4 parcels)
b. Permanent Drainage Easements (5 parcels)
c. Permanent Slope Grading Easements (4 parcels)
d. Permanent Drainage Maintenance Access Easement (1 parcel)
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 18 of 23
e. Temporary Construction Easements (4 parcels)
f. Permanent Sewer Easements (2 parcels)
g. Permanent Water Easements (2 parcels)
TASK 8. SURVEY.
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, utilities as required by the SUE, 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.
• Capture recently extended drainage culverts and pavement widening.
• 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).
• This was performed as part of the Head Start engineering agreement.
8.2. Tree Survey
• Trees above 6" diameter will be located and measured.
8.3. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for field survey, the ENGINEER shall prepare, 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 BIM360 site.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 19 of 23
B. Drawing of the project layout with dimensions and coordinate list.
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. Erosion Control Plans for 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 with will be incorporated into the SWPPP
by the contractor.
9.2. Environmental Services
• Meet, Negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits
• Completing all forms/applications necessary
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
• A Routine Wetland Delineation to identify USACE jurisdictional water that may be
present along the Cunningham Road for purposes of permitting under Section 404
of the Clean Water Act (1972). Pin flags will be placed at the ordinary high-water
mark on the on -site stream and any wetlands identified adjacent to the stream.
Upon completion of the delineation, a written report will be prepared the provides
the findings, conclusions, and recommendations of the delineation. On behalf of
the City of Fort Worth, the delineation report will be submitted to the Corps of
Engineers Fort Worth District.
• A TXRAM Stream Function Analysis will be prepared for the on -site stream and
wetlands that will be impacted by the project. A mitigation bank will be contacted
for credit availability and cost, and a Mitigation Proposal with Alternatives Analysis
will be prepared.
• A Nationwide Permit No. 14 application will be prepared for the proposed linear
transportation project. The application will be submitted to the USACE Fort Worth
District for review.
• An endangered and threatened species review for the project will be conducted. If
site conditions warrant further investigation, an endangered or threatened species
survey may be necessary for the project.
• The Water Quality Certification will be prepared and submitted to the USACE Fort
Worth District.
• Prepare Pre -Construction Notification (PCN) and submit to USACE. Review
design for compliance with previously prepared Section 404 Clean Water Act
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 20 of 23
permitting memo. (If needed) Address 404 mitigation requirements if USACE
determines mitigation is required after PCN review.
9.3. Archeological Survey
• This is a result of changes to the Clean Water Act requirements for a USACE
Nationwide Permit and for additional cultural resources investigation to satisfy
Section 106 requirements necessary due these changes.
• The archeological area of potential effect (APE) encompasses the entirety of the
project area to the maximum area of construction and comprises an area of 2.8
acres. The APE varies in width between 40-feet and 260-feet and is a total length
of approximately 850 linear feet. The entire 2.8 acres will be assessed for
archeological deposits. Coordination with THC for the Antiquities permit would be
conducted, and a permit obtained.
• A report of all findings will be prepared and submitted to the THC and USACE for
review and concurrence.
• Final reports will be submitted once concurrence is received and submitted to THC.
9.4. Flood Study Report
• Submit Flood Study Report (FSR) and obtain Floodplain Development Permit
(FDP). It is expected that the temporary detour road would be included in the same
FSR being submitted for the bridge crossing and area of permanent maintenance
access easement. It is anticipated that the temporary detour road will mimic the
hydraulic profile of the existing roadway.
9.5. Floodplain Services
• Negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits
• Completing all forms/applications necessary
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.6. Grading Permit
• ENGINEER shall prepare all necessary forms and submit through Accela along
with required documentation.
• ENGINEER shall respond and coordinate with the various City staff issuing
comments and obtain approval of a Grading Permit.
9.7. Texas Department of Transportation (TxDOT) Permit
• Negotiating and coordinating to obtain approval of the agency issuing the
agreement and/or permits
• Completing all forms/applications necessary
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 21 of 23
• Submitting forms/applications for CITY and TxDOT review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.8. City Forestry permit
• Perform tree survey and submit City Forestry permit. Identify mitigation
requirements in coordination with City Forester.
9.9. Williams Gas Pipeline Encroachment Agreement
• Coordinate with Williams to obtain Encroachment Agreement and identify
construction guidelines for work on -site over the pipeline. Based July 30, 2021
correspondence with Williams, it is expected that relocation will not be required.
9.10. 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.
• 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.
9.11. LOMR
• Prepare and submit LOMR to FEMA post construction. Only a LOMR will be
needed assuming there is no adverse impact to 100-yr WSEL based on final
grading.
ASSUMPTIONS
• Permit preparation will begin after approval of the Conceptual Design.
• Two (2) meetings are assumed with USACE for the Section 404 permit.
• Two (2) meetings are assumed with TxDOT for the Crowley permits (new
Cunningham intersection and temporary construction detour access).
• Two (2) meetings are assumed with City Forester for the City Forestry permit.
DELIVERABLES
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 22 of 23
A. Copies of Permit Applications
B. Copies of Approved Permits
TASK 10. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Traffic
Street
Water
Traffic
Traffic
Traffic
Traffic
Attachment "A"
Signal
Storm
Storm
Lights
/Sewer
Engineering
Control
Control
Control
Type
(Submit All
Water
Water
(Submit
(Submit
it All
30%
60%
90%
° °
30%
60%
All @
All @
@ 60°
Required for all work in City ROW
30%
60%)
Street
X
X
X
X
X.
X
X
X
X
Storm Water
X
X
X
X
X
Water / Sewer
X
X
X
X
*If included in street project
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existina Scooe of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services
described in the tasks above. However, ENGINEER can provide these services, if
needed, upon the CITY's written request. Any additional amounts paid to the
ENGINEER as a result of any material change to the Scope of the Project shall be
agreed upon in writing by both parties before the services are performed. These
additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection and
re -bidding of the contract for construction.
• Construction management and inspection services
• 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.
• Any Construction Phase Services related to Water Department City Utility
Adjustments and Relocations.
• Wetlands Mitigation
City of Fort Worth, Texas Cunningham Road HROM
Attachment A CPN # 104018
PMO Release Date: 07/23/2012
Page 23 of 23
ATTACHMENT B
COMPENSATION
Design Services for
Cunningham Road HROM
City Project No. 104018
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $953,036.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 3
LM
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Fee Amount
Prime Consultant
James DeOtte Design
Engineering, Inc.
Proposed MBE/SBE Sub -Consultants
$622,513
81 %
The Rios Group, Inc.
Subsurface Utility Engineering
$3,175
0.4%
GM Enterprises
Geotechnical Engineering
Services
$8,065
1.1 %
Solare Engineering
Unlimited, Inc.
Street Lighting Design
$12,000
1.6%
KCE Engineering, LLC
Flood Study
$58,000
7.6%
Non-MBE/SBE Consultants
CMJ Engineering, Inc.
Geotechnical Engineering
Services
$4,222
0.6%
Frank W. Neal &
Associates, Inc.
Structural Design
$29,300
3.8%
Access Atelier LLC
TAS Plan Review & Inspection
$1,400
0.2%
Stelly Environmental,
LLC
Nationwide Permit No. 14
Application Preparation
$8,020
1.0%
Stantec Consulting
Services Inc.
Archaeological Services
$10,302
1.3%
TOTAL
$766,497
100%
Project Number & Name
Total Fee
MBE/SBE Fee
MBE/SBE
Cunningham Road HROM, City Project
$766,497
$81,240
11 %
No. 104018
City MBE/SBE Goal = 11 %
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 3
Consultant Committed Goal = 11 %
LM
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 3
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ATTACHMENT B-3
0FREESE
`i7?NICHOLS
HROM - Site 630 - Cunningham Street
Opinion of Probable Construction Cost
City of Fort Worth
ACCOUNT• ESTIMATOR CHECKED BY
DATE
FT120168 JFS JTO
February 17, 2022
ITEM DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
TOTAL
CONSTRUCTION
1 MOBILIZATION (7.5%)
1
LS
$ 190,483
$ 190,483
2 TRAFFIC CONTROL
1
LS
$ 25,000
$ 25,000
3 SITE PREPARATION
11
STA
$ 5,000
$ 55,000
4 DEVELOP AND IMPLEMENT SWPPP
1
LS
$ 15,000
$ 15,000
5 REMOVE EXISTING ASPHALT PAVEMENT
1850
SY
$ 15
$ 27,750
6 REMOVE EXISTING CULVERTS
1
LS
$ 6,000
$ 6,000
7 EXCAVATION (CHANNEL)
700
CY
$ 20
$ 14,000
8 EMBANKMENT (ON -SITE)
700
CY
$ 5
$ 3,500
9 EMBANKMENT (BORROW)
7200
CY
$ 25
$ 180,000
10 ASPHALT PAVEMENT
370
SY
$ 65
$ 24,050
11 CONCRETE PAVEMENT
1570
SY
$ 75
$ 117,750
12 CONCRETE SIDEWALK
8800
SF
$ 6
$ 52,800
13 CONCRETE DRIVEWAY
125
SY
$ 110
$ 13,750
14 LIME TREATMENT
3450
SY
$ 12
$ 41,400
15 TOPSOIL AND HYDROMULCH
3600
SY
$ 7
$ 25,260
16 CONCRETE RIPRAP
810
SY
$ 75
$ 60,750
17 ROCK RIPRAP
1525
SY
$ 95
$ 144,875
18 BRIDGE SUPER STRUCTURE
210
LF
$ 3,000
$ 630,000
19 BRIDGE SUB STRUCTURE
210
LF
$ 1,850
$ 388,500
20 CONCRETE APPROACH SLAB
75
CY
$ 800
$ 60,000
21 COMBINATION RAIL
520
LF
$ 160
$ 83,200
22 METAL BEAM GUARD FENCE (THRIE BEAM AND END TREATMENT)
120
LF
$ 125
$ 15,000
23 TREE MITIGATION
1
LS
$ 70,000
$ 70,000
24 TREE PLANTING ALONG ROW
1
LS
$ 15,000
$ 15,000
25 TEMPORARY ACCESS ROAD (INSTALL AND REMOVE)
1500
SY
$ 75
$ 112,500
26 REMOVE AND REPLACE IN -KIND FENCE
550
LF
$ 25
$ 13,750
27 CONTINGENCY FOR UTILITY RELOCATION
1
LS
$ 175,000
$ 175,000
28 CONTINGENCY FOR STORM DRAIN
1
LS
$ 150,000
$ 150,000
29 CONTINGENCY FOR GASLINE PIPELINE PERMIT
1
LS
$ 20,000
$ 20,000
SUBTOTAL:
$ 2,730,258
CONTINGENCY PERCENTAGE:
25%
$ 682,565
SUBTOTAL:1
$ 3,412,823
DESIGN FEE:
25%
$ 853,206
404 PERMITTING AND MITIGATION
$ 150,000
FEMA:
$ 30,000
CONSTRUCTION SUBTOTAL:
$ 4,446,028
CITY PROJECT ADMINISTRATION:1
30%
$ 1,333,808
SUBTOTAL:1
$ 5,779,837
PROPERTY AND EASEMENTS
1 RIGHT-OF-WAY AND EASEMENT ACQUISITION
11
LS
1
1$ 283,740.50
COST OF ACQUISITION:1
10%
$ 28,374
SUBTOTAL:1
$ 312,115
PROJECT SUBTOTAL $ 6,091,951
•• • 6,092,000
1. Construction of bridge assumes two 75' spans and one 60' span/
2. This estimate does not include cost for relocating franchise utilities.
3. ROW and easement costs are based on acquisition estimates provided by Real Property.
4. 404 Permitting and mitigation costs shown assume the need to purchase wetland and stream mitigation credits. Mitigation credits are highly variable in price. The cost
shown is based on recent experience with other projects.
5. Tree mitigation cost is based on 44 trees (8" Diameter). Cost to mitigate is based on $200/DBH-inch.
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Cunningham Road HROM
City Project No. 104018
None.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ATTACHMENT "D"
SCHEDULE
Design Services for
Cunningham Road HROM
City Project No. 104018
FORTWORTH
ATTACHMENT "D"
PROJECT SCHEDULE
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling
the requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for
planned sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's
Specification 00 31 15, to align with the size and complexity of the project as a basis for
schedule development. City's Project Manager will determine the "Tier" level for the
ENGINEER's project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31
15 and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part
of the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
ATTACHMENT "E"
EXHIBITS
Design Services for
Cunningham Road HROM
City Project No. 104018
ATTACHMENT "F"
CERTIFICATE OF INSURANCE
Design Services for
Cunningham Road HROM
City Project No. 104018
1 22/23 GL/AL/WC/PL I Patra 1 9/12/2022 12:59:01 AM (EDT) I Page 1 of 2
70181885 1 22/23 GL/AL/WC/PL I Patra 1 9/12/2022 12:59:01 AM (EDT) I Page 2 of 2
City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 11/29/22 M&C FILE NUMBER: M&C 22-1008
LOG NAME: 20SWM CUNNINGHAM ROAD HROM
SUBJECT
(CD 8) Authorize Execution of an Engineering Agreement with James DeOtte Engineering, Inc., in the Amount of $766,497.00 for Design of the
Cunningham Road Hazardous Road Overtopping Mitigation Project, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2023-2027
Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with James DeOtte Engineering, Inc., in the amount of $766,497.00 for design of the
Cunningham Road Hazardous Road Overtopping Mitigation project (City Project No. 104018);
2. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the Stormwater Revenue Bonds 2020 Fund in the
amount of $1,313,000.00 by increasing estimated receipts and appropriations in the Cunningham Road Hazardous Road Overtopping
Mitigation project (City Project No. 104018) and decreasing estimated receipts and appropriations in the Shore View & Bomber Hazardous
Road Overtopping Mitigation project (City Project Number 103051) by the same amount;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in
the amount of $157,000.00, from available funds, for the purpose of funding the Cunningham Road Hazardous Road Overtopping Mitigation
project (City Project No. 104018); and
4. Amend the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
The engineering agreement recommended by this Mayor and Council Communication (M&C) will provide for engineering and design services
related to the Cunningham Road Hazardous Road Overtopping Mitigation (HROM) project. The project will mitigate the risk of hazardous road
overtopping of Cunningham Road as it crosses Sycamore Creek Tributary 7 near Crowley Road, to better protect drivers from road flooding.
The Hazardous Roadway Overtopping Mitigation (HROM) program is an ongoing effort to identify hazardous road flooding locations, prioritize
them based on risk and, where feasible, develop solutions to make them safer. The HROM program was created in response to life -threatening
and fatal incidents associated with flooded roads, usually at stream crossings.
In May 2018, the Transportation and Public Works Department (TPW), Stormwater Management Division (SWMD), published a Request for
Qualifications (RFQ) for various engineering consulting services. Thirty-seven consultants responded to the RFQ for the project design service
area with Statements of Qualifications (SOQ). An evaluation team of three City staff subject matter experts from the SWMD scored the SOQ's
based on team capability and experience and firm's past performance. The City's Business Equity team also evaluated and scored the SOQ's. A
pool of twenty-two consultants was selected based upon these scores to be matched with specific projects. Based on this scoring, James DeOtte
Engineering was selected as the most qualified consultant to perform design services for this project.
To expedite project delivery, James DeOtte Engineering, Inc. was engaged in December 2020 through an administrative Professional Services
jump start contract (City Secretary Contract No. 55722, HROM Design Jump -Start 6 for $45,000.00) to participate in the project development, and
evaluation of potential improvement alternatives to be implemented. James DeOtte Engineering, Inc. proposes to perform final design and
engineering services for a fee in the amount of $766,497.00. The services provided will include completion of the design of bridge and roadway
improvements for Cunningham Road as it crosses Sycamore Creek Tributary 7 near Crowley Road. The engineer will also prepare plans and
specifications for construction and provide services during bidding and construction. Staff considers the fee to be fair and reasonable for the
scope of services proposed.
Additional funds in the amount of $703,614.00 are requested for easement acquisition and project administration. Funding for this project was not
included in the Fiscal Years (FY) 2023-2027 Stormwater Capital Improvement Program (CIP) as this site had not been identified as a feasible
project. Stormwater revenue bond funds in the amount of $4,300,000.00 were previously appropriated to the Shore View Hazardous Road
Overtopping Mitigation project (City Project Number 103051), and a portion of these funds will be reallocated to this project since the Shoreview
HROM project is being completed under budget. The action in this M&C will amend the FY2023-2027 Capital Improvement Program as approved
in connection with Ordinance 25773-09-2022. The 2020 Stormwater Revenue Bond will fund this project.
Capital Fund Name
Project Name
FY2022 CIP
Authority
Budget Change
Revised FY2023
Appropriations
(Increase/Decrease)
Budget
Cunningham Rd HROM project -
n
Stormwater Rev Bonds 2020 Fund
(52007)
104018
$0.00
This
M&C
$1,313,000.00
$1,313,000.00
Cunningham Rd HROM project -
104018
$0.00
This
Stormwater Capital Projects Fund
M&C
$157,000.00
$157,000.00
(52002)
L
------------ J.
Funding is budgeted in the Unspecified -All Funds project within the Stormwater Capital Projects Fund and in the Shore View & Bomber
HROM project within the Stormwater Revenue Bonds 2020 Fund for the purpose of funding the Cunningham Rd HROM project.
Business Equity — James DeOtte Engineering, Inc. is in compliance with the City's Business Equity Ordinance by committing to 11 % Business
Equity participation on this project. The City's Business Equity goal on this project is 11 %.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Stormwater Capital Projects Fund
and in the Shore View & Bomber HROM project within the Stormwater Rev Bonds 2020 Fund and upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Rev Bonds 2020 Fund and the Stormwater
Capital Projects Fund for the Cunningham Rd HROM project to support the approval of the above recommendations and execution of the
agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability
of funds.
Submitted for City Manager's Office by. William Johnson 5806
Originating Business Unit Head: Lauren Prieur 6035
Additional Information Contact: Linda Young 2485
FORTWORTH.
Routing and Transmittal Slip
Transportation & Public Works Department
DOCUMENT TITLE: Cunningham Rd HROM - Design Contract
M&C: 22-1008 CPN: 104018 CSO:
DOC#:
Date: 9/1/2022
To:
Name
Department
Initials
Date Out
1.
Mike Crenshaw
TPW
7�_
Dec 16, 2022
2.
Sadie Ishmael
TPW
Dec 16, 2022
3.
Sophia Gatewood
Risk Mgmt
o?��
Jan 3, 2023
4.
Michael Owen
TPW
Jan 3, 2023
5.
Lauren Prieur
TPW
�
Jan 3, 2023
6.
Doug Black
Legal
dwe
Jan 10, 2023
7.
William Johnson
CMO
W
Jan 10, 2023
8.
Melissa Brunner
CSO
Jan 12, 2023
9.
Jannette Goodall
CSO
Jan 12, 2023
10.
Allison Tidwell
CSO
AT
Jan 13, 2023
11.
TPW SW Contracts
TPW SW
CC: Program Manager — Linda Young, Sr. CPO — Lissette Acevedo, TPW BSPAP Recon Team —
Cindy Sengathith
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
ROUTING TO CSO
SAME DAY: ❑YES ❑No
®YES ❑No
Action Required:
❑ As Requested
❑ For Your Information
® Signature/Routing and or Recording
❑ Comment
❑ File
NEXT DAY: []YES []No
❑ Attach Signature, Initial and Notary Tabs
Return to: tpw sw contracts(dfortworthtexas.2ov Call 817-229-3283 with questions. Thank you!