HomeMy WebLinkAboutContract 44649 RY
In
CITY SERCRETA
COWRACT NO
C I TSY' OF FORT WORTH, TEXAS
STANDARD,AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City Fort Worth, a Texas home rule
municipality 1pallt r (the "'CITY"), and W',adei 'rim Inc., authorized to do business In Texas the
"ENGINEER"'),, f+ r a PROJECT generally described as: West cliff Drainage Improvements
Project.
Article I
Scope of Services
A. The Scope f'Services is set forth in Attachment A.
Article II
Compensation
A. The ENGII EE 's compensation shall be In the amount of $524,244.001 as
set forth In Attachm ent
Article rticl III
Term Payment
Payments to,the ENGINEER will be rude as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, Including but
not limited to meeting the requ�irern nts set forth In Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2:) The ENGINEER will Issue monthly Invoices,for all work erfo ed under this
AGREEMENT. Invoices are due and playable within 3 days of receipt.
(3) Upon compiletioln of services enumerated in Article 1,1 the final payment of
any balance will be due within 310 days of recap of the final invoiice.
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(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld -from payment, and the undisputed portion Will be paid. The,
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutuall
resolved. y
(5) If the CITY fails to make payment in full to ENGINEER for billings contested
a
in good faith within 60 days of the amount due; the ENGINEER may, after,
giving 7 days' written notice: to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of'such suspension of services.
Article IV
Obligatilons of'the Engineer
Amendments'to Article IV, if any', are included in Attachment C.
A, General
The: ENGINEER will serve as the CITY's professional engineering
representative under this, Agreement, prolvid!ing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B, Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence i igence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time, such services are performed.
C, Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
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(2) Ini soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary signifi cantly 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 aff ect the total PROJECT cost and/or execution. These
conditions and cosit/exelcution effects, are not the responsibility of the
ENGINEER.
Die Preparation of Engineering Drawings
The ENGINEER will provide to the CSI TY the, original drawings of all plans in
in on reproducible mylliar 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 Construttion Site
(1) The presence or,duties of the ENGINEEId's personnel at a construction site,
whether as n-site representatives or otherwis e, 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 obligationsig duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures,
necessary for colordi"nating 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, EI'' INEE,R 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, express,l�y detailed and set forth in
Attachment A, the, ENS G,INE,ER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of'the l completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between C,ITY and ENGINEER be construed as requiring
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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 we on the PROJECT. If the ENGINEER makes on-site
observationl(s) of a, deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of perforniance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of' Servi'ces, the, ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equuipment
and performance criteria to be required in the Contract Documents.
F. 01 pi"ni"ons of Probable Cost, F'inianc'al Cons*ld Brat ons, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
i
current available information at the time of preparation,, in accordance
with Attachment A.
a a
(2) In providing opi I ni,ons 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'existin,g equipment or structures that may affect operation
or maintenance, costs;, competitive bidding procedures and market
conditions; ti or quality of performance by third parties* quality, type
management, or direction of operating and other economic
and operational factors, that may materially affect the ultimate
PROJECT cost or sch�eidulle. 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.
.&A
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
ESN GINEER'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
wor , materfals,1 or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrance& or that there are not other
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matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H, Record Drawings
Record drawings, if req,u:ired, will be pre and 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.
10
1. IMI'Moroty Business, and Small Business Erg terpri"se, (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprisesin City
contracts. Engineer acknowledges the MBE and SIBE goals established for
this contract and its accepted written commitment to MB,E, and SBE
participation. Any misrepresentation of facts (other than a negligent
n,"iisrepresenta tin) and/or the commission of fraud by the Engineer may
result in the:termination of thi's Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
j, Might 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 d irectly 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 al�l its sub consultant 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 boohs, documents, papers and records of such
subconsultant, invoilvin,g transactions, to the subcontract, and further, that the
CITY shall have access during normal working hours to all slu,bcoinsu!ltannt
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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 subcon!sultlant
Treasonable advance notice of intended, audits.
(3) ENGINEER and subcoinsultant agree to photocopy s chi documents as, may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella iinsur ance with a limit of not less, than $1 000,000.00 per each
occurrence with a, $2,00,0,000.00 aggregate. If such Commercial, General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shalli be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrefla,, if any.
This insurance ,shall apply as primary insurance with respect to,
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify.-
premises/operations, prod ucts/completed operations, contractual,
personal injury, or advertizinginjury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
11. ENGINEER waives alil rig,hts against the CITY' and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial, general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain bus,iinesis auto: liability
and, if necessary', commercial um�br llia liability insurance with a limit of
not less than $1 ,000,000 each accident. Such *insurance: shall cover
liability arising out of any auto , including owned, hired, and non-own ied
,auto;, when said vehicle is used in the course of the PROJECT. If the
engineer ins ono vehicles, coverage for hired or non-owned is
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acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Worke rs Compensation —ENGINEER shall' maintain n workers
compensation and employers liability insurance and, if necessary,,
commercial umbrella liability insurance with a 1 11 imit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for,bodily injury by disease, with $500,000.00 policy limit.
i" ENGINEER wailves, all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a cliai'lms-made policy,i with a minimum of $1 000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever, is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the,
CITY for each year foillowiln,g, completion of the contract.,
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shalil be delivered to the CITY prior to, ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed, to name the CITY an Additional
Insured thereon, as Its interests may appear. The to CITY shall
include its employees, officers, officials, agents,, and volunteers as
respects the contracted services.
c. Certificate(s), of insurance shall document that insurance coverage,
specifiled in this agreement are provided under applicable policies
documented thereon.
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d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the 'insurance
requirements.
e. A minimum of thirty (3 0) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days, notice shall be
acceptable in the event of non payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmort on,l Fort Worth, Texas 76102.
f'. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimurn rating of AV or greater, in the, current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured I retention in excess of $25, 10.010 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided ! ni a first-dollar boasis. The
CITY, at it sole discretion,, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or 'letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subroga,tion
in favor of the CITY as respects,the PROJECT.,
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER s insurance poliocies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j
Lines of coverage, other than Professional Liability, underwritten on a
Clair s-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
clailms-m�ade.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without 'Interruption nor restrictive modification or
changes from date of commencement of' the PROJECT until final'
payment and termination of any coverage reqquired to be maintained after
final payments.
1. The CITY shall not be responsible for the direct payment, of any
i nsurance prem i ums required by this agreement.
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m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub, consultants/subcontractors maintain insurance coverage,
ENGINEER shall' provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant,
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
K 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
1 '1i
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 Su!bstancels
(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.
i the CITY may
(21) If'asbestos or other hazardous substances are suspected,
request the ENGINEER to assist in obtaining, the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
4,
0, Perm in Authorities - Design Changes
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering ineering 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'desigin
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 adj;ustment in compensation will be made through an
City of Fort Worth,Texas
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amendment to this AGREEMENT.
P, Schedule
ENGINEER shall manage the PROJECT in, accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the Cif
Amendments to Article V, if any, are included in Attachment C.
A. Clity-Furnished Data
ENGINEER may rely upon the accuracyl timeliness, and completeness of
the information provided by the CITY.
B, Access to FacHiotioes, and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The C,ITY gill 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 connecti n
with the ENGINEER's, services. The CITY will be responsible for all acts, of
the CITY's personnel.
00
C., Adverti;sere ents, Permifts, 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
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U. TI'melly Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifi cations, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond ands financial
advisors, and other consultants as the CITY deems, appropriate; and render
in writing decisions required by the CITY in a ti�mely manner in accordance
with the project schedule prepared in accordance with Attachment D.
Elf 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'ming of the ENIGIN'EER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release..
(1) CITY acknowledges ENGINEER will perform part of the work at CI '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 dischargef
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous, substance, contaminant,or asbestos onto the project.
G, Contractor Indemnification and Claims
The CITY agrees to include, in all construction contracts the provisions of
Article ME. regarding the ENGINEER"s Personnel at Construction Site, and
prolvisioinis providing, contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H, Contractor Claims, and Third-Pa rty Beneficiaries
(11) The CITY agrees to 'Include the followinig clause in all contracts with
construction contractors and equipment or materials suppliers:
iers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
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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 g:i'ves no rights or benefits to anyonle 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 V.H. shall be cons-trued as a waiver of any
right the CITY has to bring a claim against ENGINEER.
Im CITY's Insurance
(1) The CI may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation 'insurance is maintained
at the replacement cost value of the PROJECT., The CITY may provide
ENGINEER a copy of the pollicy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation, insurance shall be
comprehensive in coverage appropriate to,the PROJECT risks.
in Uffligation Ass'I'stance,
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document:,, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be,
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect,the ENGINEER"s cost
of or time required for performance of the services, an equitable adjustment
will be made, through an amendment to this AGREEMENT with appropriate
CITY approval.
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Article V11
General Legal Provisions
Amendments to Article VII if any, are included in Attachment C.
A, Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed' from the CITY.
B, Reuse of Project Documents
All designs, drawings,: specifications,, documents, and other work products of
the ENGINEER, whether in hard' copy or in electronic form, are instruments
of 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
Naha lf 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 finial designs, drawings, sip cilfi'cations and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes,, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obiligatio,ns hereunder.
Dig Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30, days' written notice. This AGREEMENT' may be terminated by either the
CITY or the ENGINEER for cause if Blither party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and' diligently complete the
correction thereafter,
1
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGIN'EER'S i work product;
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b) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplli I es or services-,
C. The time requirements for the ENGINEER'S personnel to cry ant
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 it izeld statement of all termination expenses. The
CITYS approval will be obtained in writing prior to proceeding with,
termination services.
E,. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay,, or
interruption, an equitable adjustment in the PROD CT' schedule,
commitment and cost of the ENGINEER'S personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification,
In accordance w*1th Texas Local, Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against, filabiflity for any damage caused by or resulting from an act of
ce
negligen , intentional tort,, intellectual property infringement, or
a A a
failure to pay a subcontractor or supplier comma ned by the ENGINEER
or ENGINEER'S agent, consultant under contract, or another entity
over which the ENGINEER exercises co trol.
G,. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the partJes and shall apply to all the different
theories of recovery, including, breach of contract or warranty, tort including
nieglligen!ce,, strict or statutory liability, or any other,cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for inderrinification. Parties mean the CITY and the ENGINEER,1
and their officers, employees, agents, and subcontractors.
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Jurisdiction
The law of the State of Texas shlalll, govern the validity of this AGREEMENT,
Its interpretation and performance, and any other claims related to it. The
venue for any litigation relatied to this AGREEMENT shall be Tarrant County,
Texas.
J, Severabi lit y 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 uneniforcealbility will not affect any other provision, and this,
AGREEMENT shall be construed as if such invalid 11 illegal,, or unenforceable
provision had never been contained, herein. Articles V.F., VI.B., VI.D., VI.F.1
VI.H., and V1.1. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in,
any way al pct this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or mlay be enacted later by governing bodies havingJurisdiction, or
authority for such enactment. No pllea of' misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CI TY 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 employeers.
Aftlicle Vill
Aftachmenft, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes, the entire
AGREEMENT,, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties., The following attachments
and schedules are hereby made a part of this AGREEMENT:,
Attachment A - Scope of'Services
Attachment B,—Compensation
Attachment C -Amendments,to, Standard Agreement for Engineering Services
Attachment D - Project Schedule
Ilia
Attachment E - Location 'map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date,1128/2013,
Page 15 of 16
Executed and effective this the -day of '2013.
BY: B�Y-
CITY OF FORT WORTH E N G I N E E R
WadeT"""rim?
..........
..........
-loll
Fernando Costa David Speli erg .E.-'
Assistant City Manager Vice Pres,ident
Daltel.-
3 Date:
APPROVAL RECOMMENDED:1
By tj
Douglas Wlersig, P.E.
Directo Transportat ion/PuVic Works
Department
APPROVED AS TO FORM AND M&C No.:
LEGALITY
M&C.Date
: i
T
14
Dougias VV_-f*aek tz
Assistant City Attorney
EST
ATT : 0 0
Mary J. Kays& Y
City Secretaryv
IS
OFFICIAL RECORD
City of Fort Worth,Texas TY SECRETARY
Standard Agreement for Engineering Related Design Services
PMO Official Release Date.,1/28/20,13 no WORTH, TX
Page 16 of 16
ATTAGHMIENT "A's
Sco cts
pe-for Enq- Uneering Desig Related Services for Storm Water Imorovements Proie
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
je "E,NGI�NEER"'
work to be performed and address,the needs,of the Proct. Under this scope,
is expanded toinclude any sub-consultant, inc u r, e to ld or contracted by
the ENGINEER,.,
OBJECTIVE
The objective of this project is to, relieve flooding within the Westcliff North and Westcliff
10
South areas by, constructing approximately 3500,feet of large, storm water plipe, cijIvert
crossing, and detention pond as shown in Attachment El.
WORK TO BE PERFORMED
Task, 1 [Design Management
Task 2. Conceptual Design,
Task, 3. Preliminary Design
Task 4. Final Design
Task 7. ROW/Easement Services
Task 8. Survey Services
Task 10. Plan Submittal Checklists
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in thi's scope to ensure efficient and effective, use
of ENGINEER's and CITY's time and resources. ENGINEER w,ilil Imanag e changel
communicate effectively, coordinate internally and externally as needed, and proacti velly
address issues,with the CITY's, Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
41 Lead,, manage and direct design to activities,
0
1 in perormance of t work
Ensure quality control is p ractice d f he
0 Communicate Internally among team members
& Task, and allocate team resources
1.21. Communications and Reporting
Attend a pre-design project kickoff/chartering meeting with CITY at to confirm and
clarify scope, understand CITY objectives, and ensure elconomic,a,l and functional
d�els,il gnis,that meet CITY' requ Ire meats,
Conduct review meetings with the CITY at the end of each design phase.,
Conduct,and document Monthly,design team meetings.,
City of Fold Worth,,Texas,
Attachment A
PM01 Release Date:07/23/2012
Page 1 of 22
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit mon�thily 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 MI Report For and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of tile,
proposed infrastructure, and provide and obtain 'information needed to prepare the
design.
• With respect to coordination with, permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected, in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
'their requirements, as part of the design scope.
• Personnel and Vehicle Identification'. When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of{the company and the company representat,ive.
ASSUMPTIONS
'The current schedule assumes the design project will have a 12 month duration
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Month�ly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly l ANBE Report Form and Fina�l Sumi,ma�ry Payment Report Form
G. Plan Submittal Checklists (See Task 10)
TASK 2. CONCEPTUAL DESIGN (30 PERC�ENT)o
The Conceptual Design shall he submitted to CITY per the approved Project S,chedul�el.,
The purpose of'the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverabiles,, 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.
City of Fort,Worth,Texas
Attachment A
PMO Release Date:07/21,3/2012
Page 2 of 12
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
In, addition to data obtained from the CITY, E' NE,NGI �E R 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
1 i (
conditions that may impact the project including; utilit"es, agencies such as
TxDOT and railroads), CITY Master Plans, CITY drainage complaint files,
existing applicable drainage studies, FEMA floodplain and flooldlway maps,
existing models, of project area if any) and property ownership as available from
the Tax Assessor's office.,
Elevations at top: of slabs (FFE)for all buildings and homes assumed to be
flooding within the latest modeling of Westcliiff North and South.
21.2. 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 1'1 = 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 1001-year frequencies) at
sellected critical' locations will be provided. Other frequencies es as required by
iSWM criteria may be appropriate for outfalls and sensitive locatioins,. Capacities,
of existing storm drain,will be calculated and shownn. All calculations shall
conform to CITY criteria delineated in the current CITY iSWM1 Criteria Manual for
Site Development and Construction. All locations in the project area where 1o0-
year runoff exceeds available storm drain and right-olf-way capacities shall be
clearly identified. The, ENG I NEE,R's responsibliility includes, recommendations for
improvements of the existing system as deemed reasonable and consistent with
CITY standards.
• Continue with allltiernatiive,task to assist in the evaluation of'the drainage areas.
4, 19, 41,
• Task 1:Existing Conditions Evaluation,and Finished Floor Elevation Survey
• Update Impacted Structures
• Field Survey of.FFE
10,
• Task 2: South Pipleshed Incremental Cost-Benefit Evaluation
• Obtain and Review Utility Information
• Phase 1-3 Model Simulation and Impacted Structure Analysis
• Phase 1-3 Alternatives Cost Estimate
• Task 3:North Plipes,hed Incremental Cost-Benefit Evaluation
• Obtain and Review Utility Information
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 3,of 12
Alternative 1-2 Model Simulation and Impacted Structure Analysi's
Alternative 1-2 Cost Estimate
2.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (,SUE) to Quality Level A, as described below.
The SUE shall be performed in accordance,with Cl/ASCE 38,-02.
Level A
Expose and locate utilities at specific locations.
Tie horizontal and vertica,l location of utility to survey control.,
Provide utility size and configuration.
Plrolvid'e paving thickness and type, where applicable.
Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
2.4. The Conceptual Design Package shall include the following:
10 Cover sheet
• Drainage area map with supporting drainage computations In the CITY's
standard tabular format.
• Conceptual iSWIVI Checklist in accordance with the current iSWM Criteria Manual
for Site Development and Construction. Include d1ocurnientation 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.
• 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.
• Proposed phasing of water, san,iita�ry s,ewer, 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 sh!all!l be in accordance with Cl/AS,CE 38-02.
* Ten (10) copies of the conceptual design package,will be delivered. Drawings
will be half size (11 11 x 1731,
City of Fort Worth,,Texas
Attachment A
PMO Release Date:07123/2012
PagI e 4 of 12
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
• All submitted documents and checklists wiill also. be uploaded the designated
project folder in Buzzsaw
• ENGINEER shall not proceed with Preliminary Design activities without written
approval' by the CITY of the Conceptual Design Package.
DELIV'ERABLES
A. Conceptual Design Package.
B. Conceptual iSW'M 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:
0 Cover Sheet
0 Drainage area maps showing proposed improvements with drainage calculations
I
and hydraulic computations in accordance with the current iSWM Critenial Manual
for Site Development and Construction.
0 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 fo,ll:owing information shall
be indicated for each Control Po:i'nt� Identifi ed (existing City Monument#8901, P,K
N'aill, 5/8" Iron Rod); X, Y and Z Coordinates,, in an identified coordinate system,
and a referred bearing base. Z coordinates on City Datum only; descriptive
location (i.e. set in the centeirline 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).
0 SUE plan drawings.
0 Preliminary iS,WM Checklist in accordance with the current iSWM Criten'a Manual
for Site Development and Construction
0 Plan and pirolfi�le drawings of proposed storm water impirovemen is includ�ing�,
existing lot layout with property ownership, streets, curb lines, driveways,
medians, if applicable), sidewalks, existing and proposed water and sanitary
i
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits,
3.2. Geotec,hnical I,nvestigation/Pavement Design
id and laboratory tests, borings,, related
Soil investi gations, incl field fel
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
City of Fort Worth,Texas
Attachment A
P,MO Release Date:07/23/2012
Page 5 of 12
05 4 11 H conditions for preparing
alignment for the Contractor's use in determining soil ing
bids and' a Trench Safety Plan.,
The ENGINEER shall prepare as detailed geotechnical' engineering studyi. The
study shall include recommendations regarding utility trenching and' idientifying
existing groundwater elevation at each boring.
3.3 Consitructablility Review
Prior to the 60, percent review meeting with the CITY,, the ENIIGIIl"" EER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.4 Public Meeting
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 CIS staff to identify affected property owners/residents
and develop a spreadsheet listing addresses of those to invite to the public
meeting.
3.51 Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY depiartments, public utilities,
private utilities, and golvernmient agencies to determine the approximate location
of above and underground utilities, and other faci'li'ties (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or miinim ize conflicts with existing utilities, and where known, and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual' DWF'fil'es for each plan sheet of the
approved preliminary plan set to the des,ig,nateid project folder in Buzzsaw for
forwarding:,to all' utility companies which have facilities within the limlits of the
project. The DWF files should be created directly from the CAD files as opposed
to PIDF files.
31.7 Traffic Control Plan
Develop as traffic control plan utillizing, standard traffic reroute configurations
posted as"Ty picals 13 on the CITY's Buzzsaw website. T'hie itypicals need not be
sealed individually, if included in the sealed contract documents.
Dievell�op 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 as professional engineer registered in the
State of Texas.
C dy of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 6 of 12
ASSUMPTIONS
0 All storm water calculations and design shall conform to the current CITY JSWM
Criteria Manual for Site Development and Construction.
0 2 borings at an average bore depth of 12 feet each wi'l'l be providedi.
Traffic Control "Typical s"will be utilized to,the extent Possible. It is assumed an
additional 2 project specific traffic control sheets,will be developed.
10 full size (22' x 34") plans will be delivered for Utility Clearance.
1 full size (22 if x34") Plans will be d'el'ivered for Constructability Review;.
8 half size 0 11" x 1'7") drawings will be delivered for Preliminary Design.
DWF files created from design CAD drawings will be uploaded to the designated
project folder in Bluzzsaw.
All submitted documents and checklists will also be uploaded to the designated
project,folder in Buzzsaw.
ENGINEER shall not proceed with Final Desigin activities w,ithout,written, apiprova�l
by the CITY of the Preliminary Design plans.
DELI'VERABLES
A. Preliminary Design drawings,
B. Preliminary iSWM Checklist
C. Utility Clearance drawings
D. Geotechnical Report
E. Documentation of key design decisions (Project Decision Log)
F. Estimates of piroblabile construction cost
G. Public Meeting exhibits
H. Traffic Control Plans
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).,
Upon approval of the, Preliminary planar, ENGI EE,R will prepare construction plans as
follows:
01 Final draft construction plans and specifications included iSWM Construction Plan shall
be submitted to CITY per the approved Project Schedule.
• Final i,SWM Checklist in accordance with the current CITY 1SWM Criteria Manual for Site
Development and Construction.
• 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 7 of 12
Following a 90% construction plan revliew meeting with the CITY, the ENGINEER shall
submit Final Plans % to the CITY per the approved project Schedule. leach plan
sheet shall be stamped, dated, and signed by the ENGINEER EER registered In State of
Texas,
ASSUMPTIONS
0 All storm grater calculations and design shall conform to,the current CITY iSWM Cr fer a
Manual for Site Development and Construction.
9 8 half size x 1'7"� and 1I full size (22 x 34" drawings and 2 specifications rill be
dellive,red for the 910% design.
F fide for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
1full size 22111 x 34" drawings and 2 specifications will be delivered for the 100% design.
n.
A DWF file for the 100% Design gill, be, created,from design CAD drawings and will be
uploaded to the project folder in Buzzsaw,.
DELIVERABLES
A. 90% construction plans specifications..
I . 1010% 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
fornmiat.
F. Original carer mylar for the signatures of authorized CITY officials.
""ASK 7, R EAS,EI ENT SERVICES.
ENGINEER GINEE will support and perform activities related to ROW and easements as outlined
b lc r, per sw ing direction and u�idanca 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. Regluilred temporary and permanent easements will
be identified based on available information and recommendations will be made
for approval by the, CIITY.
7.2 Right-of-Way/Easement Preparation ration 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.
City of Fort Worth,Texas
Attachment ent
ADO Release Date:0712312012
Page 8of12
The documentation shall he provided In conformance with the checklists and
templates available on the CITY's Buz saw site.
An on the ground survey of the property under the direct supervision of a
Registered Professional Land Surveyor and will prepare a certified survey plat
and written property description of said tract. The survey will he prepared In
accordance with the "Manual of Practice for Land Surveying In the State of
Texas,,' 2006 Devised Eleventh Edition and will conform to the specifications for
Category 1 , Condition II Survey. This survey, is for the lot at the northeast
corner of Suffolk Drive and the BNSF Railway. We will not perform an abstract of'
title on the subject tract but instead will rely on a current commitment for title
insurance to he provided by the client.
7.3 'Temporary Fight of entry preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary
ry
Right of Entries from landowners. It Is assumed that letters will only he required
for landi owners adjacent to temporary construction easements or who are
directly affected by the, project and no easement is required to enter their
property'.
• The documentation ,shall be provided in conformance with the checklists lists rnd
templates available on the CITY' Buzzsaw site.
ASSUMPTIONS
Right-of-Way research includes review of pro pert /right-of-way records based on
currant 'Internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available pan-ground propel information I.e. iron
rods, fences, stakes, etc.). lit does not include effort for chaini 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
vacabons, and street closures.
DELIVERABLES
A. Right-of-Way, easement exhibits and metes and bounds provided on CITY forms
B. Temporary Right of Entry Letters
TASK 8,. SURVEY.
ENGINEER will provide survey support as follows.
8.1 Design Survey
ENGINEER, Twill 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 SLOE, structures, trees measure caliper, identify
overall canopy, and have qualified arborist identify species of trees), and other
City of Fart Worth,Texas
Attachment A
PMT?Release Date:07/23/201
Page 9 of 12
features relevant to the final plan sheets. Existing drainage at intersections will
be verified by field surveys. Spot elevations will be shown on intersection layouts
with cross slope to fit intersecting grade lines.
The minimum survey information to be provided on the plans shall include the
following.-
- A Project Control Sheet, showing ALL Control Points, used or set wh,ile
gathering data. Generally on a scale of'not less than 1 A00:
- The following information about each Control Point;
a. Identified (Existing. CITY Monument,#8901, PI''' Nail,, 5/8" Iron Rod)
b. X1 Y and Z Coordinates,1 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).
8.2. Temporary Right of Entry Preparation and Submittal
0 Prior to entering property for field survey, the ENGINEER shall prepare, mail and
obtain Temporary Right of Entry from landowners,.
0 The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3. Construction Survey is not included within this agreement
However the Surveyor will be available to the CITY on matters concerning the
layout of'the project,during its construction
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B., Drawing of the project layout with dimensions and coordinate list.
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permlits normally required for a project of this size, and type, as follows.
9.1. 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 wilil
prepare the 1SWM Construction Plan according to the current CITY 1SWM
Criteria Manual for Site Development and Construction with will be incorporated
into the SWPPP by the contractor.
9.2 Railroad Permit
City of Fort Worth,Texas
Attachment A
PMO Release Date:017/23/2012
Page 10 of 12
0 Negotiating and coordinating to obtain approval of the agency issuing the
agreement and'/or permits
0 Completing all form s/a pplicati o ns necessary
0 Submitting forms/applications for CITY review
I
Submitting revised forms,for agency review
Responding to agency comments and requests,
ASSUMPTIONS
0 Permit preparation will begin after approval of the!Conceptual Design.
D,ELIVERABLE,S
A. Storm Water Pollution, Prevention Plan
B,. Railroad Permilt
TASK 10. PLAN, SUBMITTAL CHECKLISTS,
Engineer shall complete and submit Plan Submittal Checklists, in accordance with the
following table:
PLAN SUBMITTAL CHECK LIST REQUIREMENTS,
Traffic Traffic 'Traffic
Traffic street Water Traffic Control Control Control
Attachment"A" Signal Storm Storm Lights /'Sewer Engineering
Type (Submit All Water Water (Submit (Submit (Submit All
30% 60% All @ All @ 'I I
@ 301%) 30% 60%) @ 60%) Required for all work in city
ROW
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 existing Scove of Services — CITY and
ENGINEER agree that the till in services are beyond the Scope of Services
described in the tasks ablove. However, E,NG,IN,E,ER can provide these services, if
needed, upon, the IT `'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,.*
• Preparation of documents nor 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 rel-bidding of the contract for construction.
City of Fort Worth,Texas
Attachment A
PM O Release Date:017/23/2012
Page 11 of 12
Bid Phase services and Construction phase services
Construction, management and Inspection services
Performance of materi als testing or specialty testing services.
Services necessary due t ►the default of the Contractor.
o Services related to damages caused by fire, flood, earthquake or other Acts of
God
Services related to,warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist In litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth,Texas
Attachment A
P MO Release ate:07/23/2012,
Page 1,2 of 12
ATTACHMENT B
COMPENSATION
Design Services for
Westcliff Drainage Improvement
City Project No. 011669
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump, sum fee of $ 524,244 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 t includling all labor materials, supplies,,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section 11 -
Method of Payment,.
11. Method of Paym�enit
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 111. of'
this Attachment B, and Schiledule as, required in Attachment D to this Agreement.
B. The estimated current physicail 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.
Ill. Progress Reports
A. The ENGINEER shall prepare and submit to Vlbhuti Plandley, Project Manager a
designated representative of the Transportation, and Public Works, monthly
Progress reports and schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:&09.2012
Page 1 of 3
................................
ATTACHME NT'
B
COMPENSATION
IV. Summary of'To tai, Project Fees
M'rm Primary Respon nil ilifty Fee Amount %
Prime Consultant
Wa,d,e Trim, Inc Design $4261650 81.2
Propose4 E Sub-Cons,u,lta,rats
Pacheco Koch Survey $ 381500 7.3
Rios Group Subsurface Utility Engineering $41 1094 7-:8
Pacheco! Koch Railroad Permit $4,000 0-8
Total $ 831594 15.9
Non-�M,B:E/SBE Consultants
PSI Geotechini,cal, $ 161000 2.9
TOTAL $ 524,244 100%,
Project Number& Name Total Fee MBE/SB,E F+ E,/SBE
Westcliff Drainage 11Mrovements, $ 524,2441 $ 83,594.1 15.9%
City MBE,/SBE Goal � 114%, Consultant Committed, Goal = 15.9 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09. 112
Page 2 of 3 B-2
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ATTACHMENT 6VI
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Westcllff Drainage Improvements
City Project No. 01669
Lu,mp Sum Project
No Changes,
City of Fort Wolrth,Texas,
Attachment C
PMT Release Date:05,191,2010
Page I of I
Consultling,Contract �edule Spec'Ificaflons F(,')R"F 'W0RTH
CIty of Foirt Worth Capita,l Improvement Program
Attachment D- ct Schedule
1 PRQJECT re 'irels a Tier I schedule as defitied herein and in the Ci Scizedule G'uidaiice
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements; described in this
specification,, showing by Critical Path Method (CPM), the planned sequence and tirruing of
the Work associated, with, the Agreement. All submittals shall be sub inu"tted in PDF format,
and schedule files all alsobe submitted, in native file format ti.e. file formats associated
w ith the scheduling software). The approved scheduling software systems for creating, the
I
schedule files,are.-
- Primavera(Version 6.4 or later or,approved by C11Y)
- Primavera Contractor,(Version 6.1 or later or approved by CITY)
I
- Microsoft Pro,ject(Version 2003/20017 or later or,approved by CFM G` 0'U"'I")
'D2. BASELINE CONSULTING SERVICES SCHEDULE,-, Following notic'e-to-proceed, the,
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
A # 'T NT' i
greement requirements, and approach for perfornu"ng the, work. The CONSUL' A will
prepare the final detailed, baseline consulting services schedule based on CITY comments,, if
any, and submit to the,CITY no later thar subMittal of the first project invoice.,
The following guidelines shall be adhered to *in preparing the baseline schedule, and as
described in further detail in the CITY"s Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure ('W'BS) representmig the
tasks,s,ubtas,ks,and activities associated with defivering,the or
It .0
b. The schedule shall accurately describe the major worx activities,key milestones, and
dependencies/relationships as appropriate to,the work.
c. The schedule should include appropriate meetings, review periods, critical decision
uur
points,includ'ing -' * d party utility dependencies and reviewing agencies.
D3., PROGRESS CONSULTING SERVICES,SCHEDULE: The,CONSULTANT'shall prepare
and submi*t monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the C Schedule Guidance Document 'inclusive. As the Work progriesses,
the CONSULTANT shall enter into the schedule and record actual progress as described *in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,it"appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to,expedite the,schedule,
Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PM�O Release C 0215,2011
Page I of 2
Other schedule-related issues that the CONSULTANTwishes to communicate to the
CITY.
D4. PERFORMANCE AN CONSULTING SERVICES SCHE ULR If the work
accomplished alls behind that scheduled due to, factors within the CONSU TANT"s
control, the CONSUI.,TANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to sub "t a revised.
schedule demonstrating the pro�posed Sian to make up the delay in schedule progress are
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project, The schedule tier for thi's project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CI 's current Schedule
Guidance anc ument.
6M, SCHEDULE SUBMITTAL AND PAYMENT:.
As stated in III.. . . . of e Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will notbe accepted and
processed for payment without monthly schedule updates that are su pitted M the time
and manner required by Attachment d the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PiMO'R lease'Date,02-1 5.2011
Page 2 of 2
M&C Review Page 1 of 1
WoCr h i <,<;
FORT WORT11
CITY COUNCILAGENDA
COUNCIL ACTION: Approved on 7/9/2013
DATE: 7/9/2013 REFERENCE *`C-26320 LOG NAME: 20SW_WESTCLIFF
NO.: DRAINAGE—DESIGN
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Engineering Agreement with Wade Trim, Inc., in the Amount of$524,244.00 for
the Design of the Westcliff Drainage Improvements Project(COUNCIL DISTRICTS 3 and
9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an engineering Agreement in the
amount of$524,244.00 with Wade Trim, Inc., for the design of the Westcliff Drainage Improvements
Project.
DISCUSSION:
The Engineering Agreement recommended by this Mayor and Council Communication will provide for
the design services for the Westcliff Drainage Improvements Project, which is needed to reduce the
probability of home flooding in the Westcliff North and Westcliff South Drainage Basins (south of
Berry Street, north of Bilglade Road, east of Manderly Place and west of Cockrell Avenue).
Wade Trim, Inc., was selected to design this project based on a Request for Qualifications (RFQ)
process. They propose to perform the design services for a lump sum fee of$524,244.00. Staff
considers the fee to be fair and reasonable for the scope of services proposed.
Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects
Bond Fund.
M/WBE Office: Wade Trim, Inc., is in compliance with the City's BIDE Ordinance by committing to 16
percent SBE participation on this project. The City's SBE goal on this project is 14 percent.
This project is located in COUNCIL DISTRICTS 3 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Bond Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 531200 203280166930 $524,244.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Vibhuti Pandey(2424)
ATTACHMENTS
01669 Westcliff Drainage Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18595&councildate=7/9/2013 7/25/2013
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