HomeMy WebLinkAboutContract 41835 (3)CRY SECRETARY LIA
CONTRACT''.
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the 'CITY"), and
Alan Plummer Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as:
Forest Hill Channel Improvements.
Article I
Scope of Servica
A. The Scope of services is set forth in Attachment A.
Article Il
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
A r 4iole III
Terms of Payment
Payments tc the ENGINEER will be mado as follows:
A. Invoice and Payment
(I) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment ® to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGRI oFMENT. Invoicos aro due and payable within 30 days of recoipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5)
If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving
7 days' written n 0 1 • services under this AGREEMENT until
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design
PMO Official Release Date: 9.22.2010
Page 1 of 15
sOERC1AL RECORD
CITY SECRETARY
FT. WORTH, TX
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
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise specified
in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration, and investigations have been made Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution These conditions and
cost/execution effects are not the responsibility of the ENGINEER
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D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
o n 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
u se 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
o r 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 Al the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3)
When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perform the services set forth
in the Scope of Services the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1)
The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs, competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 1.5530, as amended, the City
has goals for the participation of minority business enterprises and woman
business enterprises in City contracts Engineer acknowledges the M/WBE
goal established for this contract and its accepted written commitment to
M/WBE participation. Any misrepresentation of facts (other than a negligent
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misrepresentation) and/or the commission of fraud by the Engineer may result
in the termination of this Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1)
ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books, documents, papers and records of the
ENGINEER involving transactions relating to this contract ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final: payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3)
hereof. CITY shall give subconsultant reasonable advance notice of intended
audits.
(3)
ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella if any This
insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the CITY. The
Commercial General Liability insurance policy shall have no
exclusions by endorsements that would alter, or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident Such insurance shall cover liability arising
out of any auto', including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT. If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable:
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. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
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 workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e.
A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g.
Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first -dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion, the ENGINEER may be required to
provide proof of insurance premium payments.
j.
Lines of coverage, other than Professional Liability, underwritten on a
claims -made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
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state both the retroactive date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m.
Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
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 andbusiness 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
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PMO Official Release Date: 9.22.2010
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changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been .reasonably aware of, the ENGINEER
shall notify the CITY of such changes and an adjustment in compensation will
be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITYs facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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E Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
•
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER brings such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the ENGINEER's Personnel at Construction Site and
provisions providing contractor indemnification of the CITY and the ENGINEER
for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3)
The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT. a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
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(4) Nothing contained in this section V.H shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
City of Fort Worth, Texas
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PMO Official Release Date: 9:22.2010
Page 11 of 15
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or .delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER s performance of its
obligations hereunder.
D Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will. submit
to the CITY an itemized statement of all termination expenses The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 12 of 15
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
u nderstandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability, or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence
for indemnification. Parties mean the CITY and the ENGINEER, and their
officers, employees, agents, and subcontractors.
Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
o r unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
n ever been contained herein. Articles V F. VI.B., VI D , VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations .which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
e nactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth, Texas
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PMO Official Release Date: 9.22.2010
Page13of15
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.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGRELMEN T , 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 thisAGREE.MENT:
Attachment A Scope of Services
Attachment B • Compensation
Attachment C o Amendments to Standard Agreement for Engineering Services
Attachment D Project Schedule
Attachment E - Location Map
Executed this the 1day of �� wri.e., 20 1; .
ATTEST:
Marty Hendrix
City Secretary
CITY OF FORT WORTH
BY: ��Lv�.h C.�..G--
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Fernando Costa
' fOlit Assistant City Manager
i\LI SAPPROVAL RECOMMENDED
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Assistant City Attorney kh 4g,
Director, Transportation & Public Works
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Cont-ract Author i nttToR
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City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 9.22.2010
Page 15 of 15
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ALAN PLUMMER ASSOCIATES, INC.
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Clete Martin, P.E.
Associate
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OFFICIAL RECORD
CITY SECRETARY
Ft WORTh, TX
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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
This work will involve the conceptual, preliminary, and final design of a drainage channel
improvement beginning at the outfall of a drainage culvert under Forest Hill Drive south of
the intersection with Royalcrest Drive and extending easterly approximately 2,500 LF to an
existing creek ENGINEER will complete the engineering design related services as outlined
below within 330 calendar days after the ' Notice to Proceed" letter is issued.
WORK TO BE PERFORMED
Below is a list of tasks to be performed by the ENGINEER'
P hase A:
P hase B:
P hase C:
P hase D:
P hase En
P hase F:
Conceptual Design
P reliminary Design
Final Design and Final Construction Documents
Construction Phase Services
ROW/Easement Services
S urvey Services
P HASE A: CONCEPTUAL DESIGN
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
Al:
Data Collection
• Attend a pre -design project kickoff meeting with CITY staff to confirm and clarify
scope understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 1 of 9
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.
A.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" = 200'
scale from available 2-foot contour data with the countours 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. Capacities of existing storm drain will
be calculated and shown. All calculations shall conform to CITY criteria
delineated in the CITY's Storm Water Management Design Manual. 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.
A.3: The Conceptual Design Package shall include the following:
• Cover sheet
• Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, streets, street right-of-way, proposed easements,
and approximate location of existing utilities within the project limits.
• Estimates of probable construction cost.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• The ENGINEER will submit the Conceptual Design Package to City no later than 75
calendar days from the completion of the pre -design project kickoff meeting.
• Eight (8) copies of the Conceptual Design Package will be delivered. Drawings will be
half size (11" x 17")
MEETINGS
• One (1) Pre -Design Project Kickoff Meeting.
• One (1) Review Meeting upon review of Conceptual Design Package.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 2 of 9
DELIVERABLES
• Conceptual Design Package.
P hase B: PRELIMINARY DESIGN
U pon approval of the Conceptual Design Package, ENGINEER will prepare preliminary
design drawings plans as follows:
B.1: Preliminary Design Drawings shall be submitted to CITY per the approved Project
Schedule and shall include the following:
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• A Project Control Sheet, showing all Control Points, used or set while gathering
4 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).
• 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, and existing utility easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• Estimates of probable construction cost
B.2: Constructability Review
• The ENGINEER shall schedule and attend a project site visit prior to completion
of the Preliminary Design Drawings 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. The ENGINEER will incorporate comments as part of the Preliminary
Design Drawings if possible.
B.3: 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
City of Fort Worth, Texas
Attachment A
MO Release Date: 08/27/2010
Page 3 of 9
to avoidor 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 Buzzsaw 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.
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• The ENGINEER will submit the Preliminary Design Drawings to City no later than 45
calendar days from the written approval by the CITY of the Conceptual Design Package.
• DWF files created from design CAD drawings will be uploaded to the designated project
folder in Buzzsaw.
• Eight (8) full size (22"x34") of the Preliminary Design Drawings plans will be delivered for
U tility Clearance.
• Eight (8) half size (11 "x17") of the Preliminary Design Drawings will be delivered for
P reliminary Design Review.
MEETINGS
• One (1) Constructability Review Meeting at Project Site.
• One (1) Review Meeting upon review of Preliminary Design Drawings.
DELIVERABLES
• Preliminary Design Drawings
P HASE C: FINAL DESIGN AND FINAL CONSTRUCTION DOCUMENTS
U pon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
C.1: Final Design Plans shall be submitted to CITY per the approved Project Schedule
and shall include the following:
•
Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the City of Fort Worth Storm
Water Management Design Manual March 2006.
• 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,
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 4 of 9
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).
• 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, 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.
• The ENGINEER shall submit a final design estimate of probable construction
cost with the Final Design Plans submitted.
• ENGINEER shall not proceed with Final Construction Documents without written
approval by the CITY of the Final Design Plans.
C.2: Final Construction Documents
• .Following a Final Design Plan Review Meeting with the CITY, the ENGINEER
shall submit Final Construction Documents 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
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• The ENGINEER will submit the Final Design Plans to City no later than 30 calendar days
from the written approval by the CITY of the Preliminary Design Drawings.
• Four (4) half size (11"x17") and four (4) full size (22"x34") drawings will be delivered for
the Final Design Plans.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• The ENGINEER will submit the Final Construction Documents to City no later than 15
calendar days from the written approval by the CITY of the Final Design Plans
• Four (4) half size (11"x17") and four (4) full size (22"x34") drawings will be delivered for
the Final Construction Documents.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 5 of 9
The CITY will perform the construction on this project and therefore the ENGINEER will
not provide specifications or bid phase services for this project.
MEETINGS
• One (1) Final Design Plan Review Meeting.
DELIVERABLES
• Final Design Plans.
• Final Construction Documents.
• Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities
PHASE D: CONSTRUCTION PHASE SERVICES
ENGINEER will provide limited support of the construction phase of the project as follows.
D.1: Construction Support
As requested by the CITY, the ENGINEER shall provide necessary
interpretations and clarifications of contract documents.
• The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
D.2: Record Drawings
• The ENGINEER shall prepare record drawings from information submitted by the
inspector and/or Contractor. The drawings shall be submitted as full size (22" x
34') mylar drawings.
• 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
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 6 of 9
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
• Two (2) Responses to Contractor's Request for Information.
• The ENGINEER will provide construction support no more than 120 calendar days from
the start of construction.
MEETINGS
• One (1) Final Project Walk Through Meeting.
DELIVERABLES
• Response to Contractor's Request for Information
• Final Punch List items
• Record Drawings
PHASE E• 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.
E 10 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.
Each easement document shall be stamped, dated, and signed by a licensed
surveyor registered in State of Texas
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw 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.
• Preparation of Nine (9) Drainage Easements. ENGINEER will provide three (3) signed
originals of each drainage easement prepared.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 7 of 9
DELIVERABLES
• Right -of -Way, easement exhibits and metes and bounds provided on CITY forms
PHASE F: SURVEY SERVICES
ENGINEER will provide survey support as follows.
F.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, structures trees (measure caliper, identify overall canopy, and have
qualified arborist identify species of trees), and other features relevant to the final
plan sheets. Existing drainage at intersections will be verified by field surveys.
Spot elevations will be shown on intersection layouts with cross slope to fit
intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
A Project Control Sheet showing ALL Control Points, used or set while
gathering data Generally on a scale of not Tess 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).
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 8 of 9
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
1. Negotiation of easements and/or property acquisition.
2. Preparation of Specifications.
3. Bid Phase Services.
4. Provide Subsurface Utility Engineering (SUE) services.
5. Perform Geotechnical Investigation of project site.
6. Providing topographic survey services beyond the limits set forth in existing
Scope of Services.
7. Attending additional meetings beyond the limits set forth in existing Scope of
Services
8. Prepare Letter of Map Revision (LOMR) or flood study.
9 Participation in a Public Hearing and/or a Public Meeting.
10. Prepare Storm Water Pollution Prevention Plan (SWPPP).
11. Design of a Traffic Control Plan.
12. Services related to development or environmental support of the CITY's project
financing and/or budget including but not limited to performing archeological
and/or cultural resources survey and Section 404 permitting.
13. Construction management and inspection services.
14. Performance of materials testing or specialty testing services.
15. Services related to damages caused by fire, flood, earthquake or other acts of
God.
16. Services related to warranty claims, enforcement and inspection after final
completion.
17. Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
18. Performance of miscellaneous and supplemental services related to the project
as requested by the CITY that are not included in the existing Scope of Services.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 9 of 9
11.
ATTACHMENT B
COMPENSATION
Design Services for
Forest Hill Channel Improvements
City Project No. 01677
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee • of $89,211.00 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
9
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
I11. 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: 5.19.2010
Page 1 of 3
B-1
ATTACHMENT B.
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary
Fee Amount
Responsibility
Prime
Consultant
Alan
Associates,
Plummer
Inc.
Engineering
Design
Services
$65,445.00
73.36%
Proposed
M/WBE
Sub
-Consultants
Spooner
Inc.
& Associates,
Survey
Preparation
&
Easement
Services
$23,766.00
26.64%
Non-M/WBE
Consultants
$89,211.00
100%
TOTAL
Total
Fee
%
M/WBE
Fee
M/WBE
Project
Number
&
Name
$89,211.00
$16,341.00
45.43%
Forest
Hill
Channel
Improvements
City M/WBE Goal = 18%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19,2010
Page 2 of 3
Consultant Committed Goal = 26 %
B-2
EXHIBIT ` B-'I"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page including negotiated total budget and
allocations of budgets across work types and work phases.
r
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
Professional Services Payment Request
Project: Forest Hill Channel Improvements
City Project#:
Work Type Desc:
F/A/C:
City Sec Number:
Purchase Order:
Name:
Alan Plummer Associates, Inc.
Consultant's PM: Daniel Applegate, P.E.
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
email:
Office Address
Telephone:
Fax:
Project Manager. Cannon Henry
Consultant Instructions:
Fill in green cells including Percent Complete and Invoiced Previously Quanities
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
dapplegate@apaienv.com
1320 S. University Drive, Suite 300
(817) 806-1700
(817) 870-2536
Pay Items
Agreement Amendment Amendment
Description Amount Number Amount
Agreement
Amount to
Date
Completed
Amount
Percent ($) Invoiced
Completed Previously
Current
Invoice
Remaining
Balance
31- Conceptual Design
$18,195.00
$18,195.00
$18,195.00
51 - Preliminary Survey
$18,000.00
$18,000.00
$18,000.00
33- Final Design
$20,130.00
$20,130.00
$20,130.00
85 - Construction Services
$5,600.00
$5,600.00
$5,600.00
42 - Negotiations/Easements/Legal Fees
$7,425.00
$7,425.00
$7,425.00
51 - Preliminary Survey
$16,341.00
$16,341.00
$16,341.00
33 - Other Reimbursibles
$3,520.00
$3,520.00
$3,520.00
Totals This Unit:
$89,211.00
$89,211 00
Overall Percentage Complete:
$89 211.00
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Forest Hill Channel Improvements
City Project No. 01677
<There are no changes to the Standard Agreement>
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of l
FORT ORrI'H
Consulting Contract Schedule Specifications
City of Fort Worth Capital Improvement Program
Attachment D - Project Schedule
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 timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
Primavera (Version 6.1 or later or approved by CITY)
Primavera Contractor (Version 6.1 or later or approved by CITY)
Primavera SureTrak (Version 3.x or later or approved by CITY)
Microsoft Project. (Version 2003/ 2007 or later or approved by CITY)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT s understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following, if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
• Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06.30,2009
Page 1 of 2
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 06,30,2009
Page 2of2
DOE CONTRACT
CAPITAL PROJECT BID NUMBER •
(Please check one)
Minority/Women Business Enterprise Office
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUBCONSULTANT
[NOTE: Pursuant to the City of Fort Worth MM/BE Ordinance, M/ WBE firms participating in the program must have current certification status with
the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines
that, a firm is not currently MM/BE certified for City of Fort Worth contracts that firm should immediately submit a completed certification application
to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 100, Arlington, TX 76011]
1. Name of Contract Forest Hill Channel Improvements
2. Value of Original Contract $ 89 , 211.00
Name of Offeror/Prime Contractor or Consultant. ' Alan Plummer Associates , Inc.
4. The undersigned MWBE firm is prepared to perform the following described work and/or supply the material listed in
connection with the above project (where applicable specify "supply'' or' install" or both):
Provide 3,100 LF of full ground topographic survey and prepare up to.
nine (9) drainage easements
Spooner & Associates, Inc.
(Name of MBE Firm)
(Date)
at the price of $ 21, 605.00
Eric Spooner
Circle one (OwnerlAuthorized Agent of MANSE firm) Type or Print Name (Signature r or Authorized Agent of MNVBE firm)
817-281-2355 Ext. 201
(Phone Number)
Sao 6
(Fax Number)
AFFIDAVIT OF OFFERORIPRIME CONTRACTOR or CONSULTANT
I HEREBY DECLARE AND AFFIRM that I, Cletus R. Martin, P , Fit. am the duly authorized representative of
Circle one (OwnedAuthorized Agent)
Alan Plummer Associates , Inc . and that I have personally reviewed the material and
Name of Offeror/Prime
•
facts set forth in this Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts in this farm are true, and no
material facts have been omitted.
Pursuant to the City of Fort Worth M/WBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection
with participation of a MIWBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort
Worth M/WBE Ordinance.
I do solemnly swear or affirm that the signatures contained herein and the information provided by the offeror/prime are true and
correct, and that I authorized on behalf of the offeror/prime to make the affidavit.
Alan Plummer Associates, Inc.
Circle One (Owner! Authorized Agent) Ty. e or Print Name (Name o Offer/Prime) Type or Print
iI�t.17j 2,01l
(Signature of Owner or Authorized Agent) (Date)
Cletus R. Martin. P.E.
817-806-1700
(Phone Number)
817-870-2536
(Fax Number)
01/14/09
M&C - Council Agenda Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/10/2011 - Ordinance Nos. 19677-05-2011 & 19678-05-
2011
DATE Tuesday, May 10, 2011 REFERENCE NO.: **C-24902
LOG NAME 20SWMFORESTHILL
S UBJECT:
Adopt the Supplemental Appropriation Ordinance Increasing Appropriations in the Storm Water Utility Fund
in the Amount of $89,211.00 and Decreasing the Unaudited, Unreserved, Undesignated Storm Water
U tility Fund Balance by the Same Amount, Authorize the Execution of a Contract with Alan Plummer
Associates, Inc., for the Design of Forest Hill Channel Improvements and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Storm Water
Utility Fund in the amount of $89 211.00 and decreasing the unaudited, unreserved, undesignated
Storm Water Utility fund balance by the same amount;
2. Authorize the transfer of $89,211.00 from the Storm Water Utility Fund to the Storm Water Capital
P rojects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
S torm Water Capital Projects Fund in the amount of $89 211.00 from available funds, and
4. Authorize the City Manager to execute a contract with Alan Plummer Associates, Inc., in the amount of
$89,211.00 for the design of Forest Hill Channel Improvements.
DISCUSSION:
The Storm Water Management program was established to reduce flooding in Fort Worth, preserve
streams, minimize water pollution and to operate the storm water system in a more effective manner to
fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure
reconstruction and system maintenance, master planning, enhanced development review and increased
public education and outreach.
A Request for Qualifications (RFQ) to provide channel condition assessments was issued by the City in
March of 2010 and 36 design consultants submitted statements of qualifications, including Alan Plummer
Associates, Inc. Alan Plummer Associates, Inc , was selected to evaluate the drainage issues and to
provide design services for the Forest Hill Channel Improvements Project (City Project No. 01677)
Currently an under -sized drainage channel has caused flooding in a nearby neighborhood. The purpose of
the project is to address home and street flooding at various locations in the 7900 Block of Forest Hill
Drive.
Alan Plummer Associates, Inc., proposes to perform design services for a lump sum fee of $89,211.00.
City staff considers the fee to be fair and reasonable for the scope of services proposed.
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M&C - Council Agenda Page 2 of 2
Alan Plummer Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 24
percent M/WBE participation. The City's goal on the project is 18 percent.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Storm Water Capital Projects Fund
FUND CENTERS:
TO Fund/Account/Centers
1) PE69 531200 0209203
2&3) P228 476069 2082801677ZZ
3) P228 531200 208280167731
3) P228 531200 208280167733
3) P228 531200 208280167742
3) P228 531200 208280167751
3) P228 531200 208280167782
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$89,211.00 2) PE69 538040 0209203
$891211.00 4) P228 531200 208280167731
$18,195.00 4) P228 531200 208280167733
$23,650.00 4) P228 531200 208280167742
$7,425.00 4) P228 531200 208280167751
$34,341.00 4) P228 531200 208280167782
$5,600.00
ATTACHMENTS
1. 01677 compliance PDF (CFW Internal)
2. 20SWMFORESTHILL Rec1 REV.doc (Public)
3. 20SWMFORESTHILL Rec3.doc (Public)
4. FAR-01677-0001-Design.pdf (CFW Internal)
5. fundingverifcation.pdf (CFW Internal)
6. M AND C 01677 pdf (Public)
Fernando Costa (6122)
Douglas Wiersig (7801)
Cannon Henry (2587)
$89,211.00
$18,195.00
$23,650.00
$7,425.00
$34,341.00
$5,600.00
http://apps.cfwnet org/ecouncil/printmc.asp?id=14954&print=true&DocType=Print
5/12/2011