HomeMy WebLinkAboutContract 60501CSC No. 60501
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
("CITY"), and James DeOtte Engineering, Inc. authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Sanitary Sewer Rehabilitation,
Contract 121 -Project No. 104973.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A Negotiated changes to this
Agreement, if any, are included in Attachment C.
Article II
Compensation
The ENGINEER's compensation shall be in the amount up to $622,350.00 as set
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
Article Ill
Term
Time is of the essence. Unless otherwise terminated pursuant to Article VI. D.
herein, this Agreement shall be for a term beginning upon the effective date, as described
below, and shall continue until the expiration of the funds or completion of the subject
matter contemplated herein pursuant to the schedule, whichever occurs first. Unless
specifically otherwise amended, the original term shall not exceed five years from the
original effective date.
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 1 of 15
Sanitary Sewer Rehabilitation, Contract 121
City Project No. 104973
Article IV
Obligations of the Engineer
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B. Standard of Care
The ENGINEER shall perform its services:
(1) with the professional skill and care ordinarily provided by competent
engineers practicing under the same or similar circumstances and
professional license; and
(2) as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be perFormed hereunder. The ENGINEER shall also advise the
CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the
CITY and/or the CITY's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations,
duties, and responsibilities, including, but not limited to, all construction
methods, means, techniques, sequences, and procedures necessary for
coordinating and completing all portions of the construction work in
accordance with the contract documents and any health or safety precautions
required by such construction work. The ENGINEER and its personnel have
no authority to exercise any control over any construction contractor or other
entity or their employees in connection with their work or any health or safety
precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general,
if the work on the PROJECT is being performed in a manner indicating that
the PROJECT, when completed, will be in accordance with the contract
documents, nor shall anything in the contract documents or this
AGREEMENT between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to discover
latent defects in the work or otherwise check the quality or quantity of the work
on the PROJECT. If the ENGINEER makes on-site observation(s) of a
deviation from the contract documents, the ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of materials,
systems or equipment is reasonably required to perForm the services set forth
in the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and perFormance
criteria to be required in the contract documents.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that
the CITY's actual PROJECT costs, financial aspects, economic
feasibility, or schedules will not vary from the ENGINEER's opinions,
analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the contract
documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are no other matters
at issue between the CITY and the construction contractor that affect the
amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 4 of 15
I. Business Equity Participation
City has goals for the full and equitable participation of minority business
and/or women business enterprises in City contracts greater than
$100,000. In accordance with the City's Business Equity Ordinance No.
25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in
Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), the City has goals for the full and
equitable participation of minority business and/or women business
enterprises in City contracts greater than $100,000. Engineer acknowledges
the MBE and WBE goals established for this contract and its execution of this
Agreement is Engineer's written commitment to meet the prescribed MBE and
WBE participation goals. Any misrepresentation of facts (other than a
negligent misrepresentation) and/or the commission of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 5 of 15
respondeat superior
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Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
A.
B.
C.
�
E.
City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
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.
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.
Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 7 of 15
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
perFormed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 8 of 15
I. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated befinreen the parties.
J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in perFormance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 9 of 15
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
ENGINEER shall not assign all or any part of this AGREEMENT without the
prior written consent of CITY.
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 11 of 15
The failure of CITY or ENGINEER to insist upon the performance of any
term or provision of this Agreement or to exercise any right granted herein
shall not constitute a waiver of CITY's or ENGINEER's respective right to
insist upon appropriate performance or to assert any such right on any
future occasion.
L. Immigration Nationality Act
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perForm such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
ENGINEER acknowledges that in accordance with Chapter 2274 of the
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 12 of 15
Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13,
§ 2), the CITY is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms
"boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by
Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing
this Agreement, ENGINEER certifies that ENGINEER's signature
provides written verification to the CITY that ENGINEER: (1) does not
boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
O. Prohibition on Discrimination Against Firearm and Ammunition
Industries
ENGINEER acknowledges that except as otherwise provided by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for
goods or services that has a value of $100,000 or more which will be paid
wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added byActs 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent
that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, ENGINEER certifies that
ENGINEER's signature provides written verification to the CITY that
ENGINEER: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 13 of 15
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
Attachment B - Compensation
Attachment C- Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
City of Fort Worth, Texas Sanitary Sewer Rehabilitation, Contract 121
Standard Agreement for Engineering Related Design Services City Project No. 104973
Revised Date: November 23, 2021
Page 14 of 15
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Dana Burghdoff
Assistant City Manager
D Nov 17, 2023 ate: ---------
ATTEST:
r=h�
Jannette S. Goodall
City Secretary
APPROVAL RECOMMENDED:
<%M�e::4t &1a'11c By: Chrlstopher�!!r(Novl7,202306:32CST)
Chris Harder, P. E.
Director, Water Department
BY:
ENGINEER
Brian Dar y, P. E.
Vice President
Date: 11/15/23
APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-1075342
� By: D"'"'l""'17·"231'"csr, M&C No.: 23-0978
Douglas W Black
Sr. Assistant City Attorney M&C Date: 11/14/2023
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
Duta-�11,,
requirem
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Dena Johnson, P.E.
Project Manager
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 15 of 15
Sanitary Sewer Rehabilitation, Contract 121
City Project No. 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
iSWM Criteria Manual for Site
Development and Construction
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
o
o
o
o
o
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
o
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER REHABILITATION, CONTRACT 121
CITY PROJECT NO.: 104973
ATTACHMENT B
COMPENSATION
Design Services for
ATTACHMENT B
COMPENSATION
ATTACHMENT B
COMPENSATION
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O inion of Probable Construction Cost - CONCEPTUAL
Sanitary Sewer Rehabilitaion, Contract 121 n T
Project Manager: Dena Johnson, P.E. FV RT �OR ! H:�•
GITY PROJECT # 104973
CITY SECRETARV CONTRACT #
PAV ITEM SPECIFICATION NUMBER �TV UNIT ITEM �ESCRIPTION UNIT PRICE AMOUNT
UNIT 1 - WATER
1 02 41 14 2 EA 0241.1301 Remove 4" Water Valve $380.00 $7fi0.00
2 02 41 14 13 EA 0241.1302 Remove 6" Water Valve $570.00 $7,410.00
3 02 41 14 13 EA 0241.1303 Remove 8" Water Valve $fi50.00 $8,450.00
4 02 41 14 2 EA 0241.1351 Salvage 16" Water Valve $2,500.00 $5,000.00
5 02 41 14 8 EA 0241.1510 Salvage Fire Hydrant $850.00 $6,800.00
6 02 41 14 180 EA 0241.15ll Salvage 3/4" Water Meter $ll5.00 $20,700.00
7 31 10 00 1 LS 3110.0101 Site Clearing $20,000.00 $20,000.00
8 31 25 00 1 LS 3125.0101 SWPPP >_ 1 acre $30,000.00 $30,000.00
9 32 OS ll 11,530 LF 3201.0111 4' Wide Asphalt Pvmt Repair, Residential $200.00 $2,306,000.00
10 32 Ol 17 2,700 LF 9999.0001 2' Wide Asphalt Pvmt Repair, Residential $100.00 $D0,000.00
ll 32 lfi 13 900 LF 321fi.0102 Conc Curb and Gutter $100.00 $90,000.00
12 32 92 13 147 CY 3291.0100 Topsoil (6" depth) $85.00 $12,466.67
13 32 92 13 880 SY 3292.0100 Block Sod Placement $13.00 $11,440.00
14 33 OS 10 11,530 LF 3305.0109 Trench Safety $3.00 $34,590.00
15 33 ll ll ll.0 TN 33ll.0001 Ductile Iron Water Fittings w/ Restraint $13,000.00 $143,000.00
16 33 ll 12 120 LF 33ll.0161 6" PVC Water Pipe $120.00 $14,400.00
ll 33 ll 12 10,094 LF 33ll.0261 8" PVC Water Pipe $130.00 $1,312,220.00
18 33 ll 12 1,316 LF 33ll.0561 16" PVC C905 Water Pipe $245.00 $163,300.00
19 33 12 40 12 EA 3312.0001 Fire Hydrant $6,200.00 $74,400.00
20 33 12 10 180 EA 3312.2001 1" Water Service, Meter Remnnection $1,000.00 $180,000.00
21 33 12 10 180 EA 3312.2003 1" Water Service $2,800.00 $504,000.00
22 33 12 20 12 EA 3312.3002 6" Gate Valve $1,900.00 $22,800.00
23 33 12 20 33 EA 3312.3003 8" Gate Valve $2,600.00 $85,800.00
24 33 12 20 3 EA 3312.3006 16" 6ate Valve w/ Vault $56,000.00 $168,000.00
25 34 71 13 16 MO 3471.0001 Traffic Control $5,000.00 $80,000.00
26 99 99 00 1 LS 9999.0002 Construction Allowance $150,000.00 $150,000.00
D 01 71 23 1 LS 0111.0101 Construction Staking $40,000.00 $40,000.00
28 01 71 23 1 LS 0111.0102 As-Built Survey $15,000.00 $15,000.00
Subtotal $5,775,776.67
25% Conting. $1,443,944.11
uNiri-wareRsusrorn� Total $7,219,720.83
UNIT 2 -SANITARY SEWER
1 02 41 14 25 EA 0241.2201 Remove 4' Sewer Manhole $1,000.00 $25,000.00
2 31 10 00 1 LS 3110.0101 Site Clearing $10,000.00 $10,000.00
3 31 25 00 1 LS 3125.0101 SWPPP >_ 1 acre $20,000.00 $20,000.00
4 32 Ol ll 8,818 LF 3201.0111 4' Wide Asphalt Pvmt Repair, Residential $200.00 $1,763,600.00
5 32 Ol ll 2,385 LF 9999.0001 2' Wide Asphalt Pvmt Repair, Residential $100.00 $238,500.00
6 32 16 13 ll5 LF 3216.0102 Conc Curb and Gutter $100.00 $11,500.00
7 32 92 13 153 CY 3291.0100 Topsoil (6" depth) $85.00 $13,001.85
8 32 92 13 918 SY 3292.0100 Block Sod Placement $13.00 $11,93111
9 33 Ol 30 31 EA 3301.0101 Manhole Vacuum Testing $300.00 $9,300.00
10 33 OS 10 10,018 LF 3305.0109 Trench Safety $3.00 $30,054.00
ll 33 31 50 ll3 EA 3331.3102 4" 2-Way Cleanout $450.00 $77,850.00
12 33 31 50 ll3 EA 3331.3311 4" Sewer Service, Reconnection $3,650.00 $631,450.00
13 33 11 10, 33 31 20 3,460 LF 3331.4101 4" Sewer pipe $200.00 $692,000.00
14 33 11 10, 33 31 12, 33 31 20 10,O1S LF 3331.4ll5 8" Sewer Pipe (SDR-26 PVC) $200.00 $2,003,600.00
15 33 39 10, 33 39 20 31 EA 3339.1001 4' Manhole $9,700.00 $300,700.00
16 34 71 13 10 MO 3471.0001 Traffi� Control $5,000.00 $50,000.00
ll 99 99 00 1 LS 9999.0002 Construction Allowance $200,000.00 $200,000.00
18 01 71 23 1 LS 0171.0101 Construction Staking $55,000.00 $55,000.00
19 01 71 23 1 LS 0171.0102 As-Built Survey $20,000.00 $20,000.00
20 33 Ol 31 10,018 LF 3301.0001 Pre-CCTV Inspection $9.00 $90,162.00
21 33 Ol 31 10,018 LF 3301.0002 Post-CCTV Inspection $9.00 $90,162.00
Subtotal $6,343,810.96
25 % Conting. $1,585,952J4
uNirz-snNirnRvseweRsuarorn� Total $7,929,763J0
Y � -'•.���:... . .
cHG'HccR'NG .. .._.. ..........._ "... . ... : . GrandTotal $15.149.484.54
ATTACHMENT “C”
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� � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: HIIIBf Bf ant
Risk Strateg �e$ PHONE FAX
12801 NortT� Central Expy. Suite 1725 E-MAILo E"t : 214 323-4602 aic No : 214 503-8899
Dallas, TX 75243 nooRess: RSCcertre uest risk-strate ies.com
INSURED
James DeOtte Engineering, Inc.
2201 Dottie Lynn Parkway
Suite 119
Fort Worth TX 76120
COVERAGES
CERTIFICATE NUMBER: 76483977
INSURER(S) AFFORDING COVERAGE
iNsuReRa: Pacific Employers Insurance Company
iNsuReR e: Hartford Accident and Indemnity Company
iNsuReR c: Travelers Casualty and Surety Co of Amer
iNsuReRo: ACE Property and Casualty Insurance Co
INSURER E :
REVISION NUMBER:
NAIC #
22357
31194
20699
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY
A `/ COMMERCIALGENERAL LIABILITY / / D96533949 9/2$/2�22 9/28/2023 EACH OCCURRENCE $ �,���,���
DAMAGE TO RENTED
CLAIMS-MADE �/ OCCUR PREMISES Ea occurrence $ �,���,���
nnEo ExP �n�y one Pe�Son� $10,000
PERSONAL&ADVINJURY $"I,OOO,OOO
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $2,000,000
POLICY ✓� jE � � LOC PRODUCTS - COMP/OP AGG $ Z,OOO,OOO
OTH E R: $
A AUTOMOBILELIABILITY � � D96533949 9/28/2022 9/28/2023 E�aocldeotSING�EunnlT �1,000,000
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
✓ AUTOS ONLY ✓ AUTOS ONLY Per accident
$
� UMBRELLALIAB �/ OCCUR D98289240 $/23/2�22 9/28/2023 EACHOCCURRENCE $2,���,���
EXCESSLIAB CLAIMS-MADE AGGREGATE $Z,OOO,OOO
DED ✓ RETENTION$� $
B WORKERSCOMPENSATION � 46WBCAH4P07 10/13/2022 10/13/2023 `/ STATUTE E�RH
AND EMPLOYERS' LIABILITY �, � N
ANYPROPRIETOR/PARTNER/EXECUTNE E.L EACH ACCIDENT $'I,OOO,OOO
OFRCER/MEMBEREXCLUDED? ❑Y N�A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ � OOO OOO
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $'I OOO OOO
C ProfessionalLiability � 107318008 9/28/2022 9/28/2023 PerClaim $1,000,000
AnnualAggregate $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject
to a deductible. Thirty (30) day notice of cancellation in favor of certificate holder on all policies.
City of Fort Worth and its agents, officers, directors and employees for recovery of damages to extent these damages are named additional insured on
the general and auto liability coverage as required by written contract. A waiver of subrogation is shown in favor of the additional insured on
general liability, auto liability and workers compensation as required by written contract. The general liability coverage is primary and
CERTIFICATE HOLDER
City of Fort Worth Water Department
200 Texas Street
Fort Worth TX 76012
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE ��� �
Hillary Brvant
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
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AGENCY CUSTOMER ID:
LOC #:
�� �
A� RD ADDITIONAL REMARKS SCHEDULE Page of
AGENCY NAMEDINSURED
Risk Strate ies James DeOtte Engineering, Inc.
9 2201 Dottie Lynn Parkway
POLICYNUMBER Suite 119
Fort Worth TX 76120
CARRIER NAIC CODE
EFFECTNE DATE:
ADDITIONAL REMARKS
76483977 � 22/23 GL/AL/WC/PL � Patra � 9/26/2023 1:54:27 AM (EST) � Page 2 of 2
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD ADDENDUM
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/14/23 M8�C FILE NUMBER: M&C 23-0978
LOG NAME: 60SSRC121-DEOTTE
SUBJECT
(CD 5 and CD 11) Authorize Execution of an Engineering Agreement with James DeOtte Engineering, Inc., in the Amount of $622,350.00, for the
Sanitary Sewer Rehabilitation, Contract 121 Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years
2024-2028 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an engineering agreement with James DeOtte Engineering, Inc., in the amount of $622,350.00, for Sanitary Sewer
Rehabilitation, Contract 121 project; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund
in the amount of $913,130.00, transferred from available funds within the Water and Sewer Fund, for the Sanitary Sewer Rehabilitation,
Contract 121 (City Project No. 104973) to effect a portion of Water's contribution to Fiscal Years 2024-2028 Capital Improvement Program.
DISCUSSION:
This Mayor and Council Communication (M&C) is to authorize execution of an engineering agreement with James DeOtte Engineering, Inc., in the
amount of $622,350.00, for Sanitary Sewer Rehabilitation, Contract 121 project for the preparation of plans and specifications for sanitary sewer
and water main replacements on the following streets, alleys and easements:
Street From To Scope of Council
Work Districts
S' Water/
Avenue J Miller Avenue Hughes Sewer 5
Avenue
Garrison Avenue N Ramey Water/ �
Avenue Avenue Sewer
Easement 240 feet west of the
west of Garrison Avenue / North
Garrison Ramey Avenue 400 feet Sewer 5
Avenue Intersection
Coleman Avenue H Avenue Water/ 5
Avenue N Sewer
S. Hughes Avenue J Avenue Water/ �
Avenue N Sewer
Easement 210 feet north of the East
north of Avenue N/ S. Hughes 530 feet Sewer 5
Avenue N Avenue Intersection
Easement
between S. Ayers Avenue Wallace Sewer 11
Avenue L and Street
Avenue M
Wallace Street Avenue M South Water/Sewer 11
265 feet
Easement 480 feet south and 370
south of feet west of the West Sewer 11
Avenue J Avenue J/ Arch Street 680 feet
I ntersection
Otto Street Avenue M Lvenue Water 11
Avenue M Otto Street Miller Water/Sewer 11
Street
Avenue L Otto Street Schmidt Water/Sewer 11
Street
South
Arch Street Avenue J 1,220 Water/Sewer 11
feet
Easement 270 feet south of the West
south of Avenue L/ Arch Street 480 feet Sewer 11
Avenue L Intersection
Schmidt Street Avenue M North Water/Sewer 11
1,010
Miller Avenue Avenue J Nvenue Water/Sewer 11
Miller Avenue / Avenue West
Avenue N N Intersection 1,440 Water/Sewer 11
feet
In addition to the contract amount, $290,780.00 (Water: $147,200.00; Sewer: $143,580.00) is required for project management, real property
acquisition, utility coordination, and material testing. This project will have no impact on the Water DepartmenYs operating budget when completed.
The sewer component of the project is part of the Water Department's Sanitary Sewer Overflow Initiative Program.
It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as
projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in
support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows:
60SSRC121-DEOTTE
Capital Revised
Project FY2024 CIP Budget Change
Fund Authority FY2024
Name Name Appropriations (Increase/Decrease) gud et
9
W&S 104973
Capital Sanitary
Projects Sewer $0.00 This M&C $913,130.00 $913,130.00
- Fund Contract
56002 121
Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the Sanitary
Sewer Contract 121 within the Water & Sewer Capital Projects Fund.
Appropriations for Sanitary Sewer Rehabilitation Contract 121 are as depicted below:
Fund Existing Additional Project
Appropriations Appropriations Total*
W&S Capital
Projects - Fund $0.00 $913,130.00 $913,130.00
56002
Project Total $0.00 $913,130.00 $913,130.00
�Numbers rounded for presentation purposes.
Business Equity: James DeOtte Engineering, Inc. is in compliance with the City's Business Equity Ordinance by committing to 29
percent MWBE participation on this project. The City's MWBE goal on this project is 13 percent.
The project is located in COUNCIL DISTRICTS 5 and 11.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Water and Sewer Fund, and upon approval of the above recommendations
and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Sanitary Sewer Contract
121 project to support the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the
Water Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office bk Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Dena Johnson 7866
FIDs(Budget)FIDs(Actual)FIDs(REVENUE or EXPENSE - No KK or GL Entries Needed)