HomeMy WebLinkAboutContract 43184cmr SECRETARY
CONTRACT No. U5 � q,
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and Charles Crook Consulting, Inc., authorized to do business in Texas, (the
"ENGINEER"), for a PROJECT generally described as: SWU Project — Harlanwood Drainage
1 mprovements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) 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.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(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 notice to CITY, suspend services under this A - 1ENT until
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
PMO Official Release Date: 11.29.2011
Page 1 of 14 CITY SECRETARY
05-O8-1 2 P03 : 29 IN 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
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 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.
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PMO Official Release Date: 11.29.2011
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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 (MMBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, 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.
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.
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.
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.
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.
1. 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.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required, at
its own cost and expense. However, if design changes are required due to the
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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 CITY's facilities as may be required in connection with
the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
City of Fort Worth, Texas
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PMO Official Release Date: 11.292011
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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.
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PMO Official Release Date: 1129.2011
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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: 11.29.2011
Page 11 of 14
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.
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.
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PMO Official Release Date: 11.29.2011
Page 12 of 14
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
understandings 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.
I. 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,
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.
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
enactment. No plea of misunderstanding or ignorance thereof shall be
City of Fort Worth, Texas
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PMO Official Release Date: 11.29.2011
Page 13 of 14
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.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be changed
by a written amendment executed by both parties. The following attachments and schedules
are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Executed and effective this the
ATTEST:
Mary J. Kay r /. `�
City Secre any
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CITY OF FORT WORTH
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a`� Fernando Costa
� Assistant City Manager
APPROVE S TO FORM AND LEGALITY
BY:
Douglas W. Black
Assistant City Attorney
M&C No..
M&C Date:
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 11.29.2011
Page 14 of 14
APPROVAL RECOMMENDED
C 5>
By: �-
Dou s W. Wiersig, P. E.
Director, pt. of Transportation/P lic Works
Charles Crook Consulting, inc.
By: PI/Pi 11 4
Charles Crook, P.E.
Owner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
Scope for Enqineerinq Design Related Services for Storm Water Improvements Protects
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project. Under this scope, "ENGINEER"
is expanded to include any sub -consultant, including surveyor, employed or contracted by
the ENGINEER.
OBJECTIVE
Residents on Harlanwood Drive, south of the Lynncrest Drive intersection have experienced
significant flooding on their properties during small rainfall events. Some of the properties
are lower than the street elevation and are ponding runoff due to inadequate storm drainage
facilities in the immediate area.
The ENGINEER will design a new storm drain system for that portion of Harlanwood Drive
from Station 21 +50 to Station 30 + 50, as shown on the 2004 Capital Improvement Program
plans, dated April 2006. This drainage system shall supplement the street carrying capacity,
which is already provided in this area of the Mockingbird Lane Addition. The two systems
will provide adequate conveyance for the 100-year storm events.
The design of this system shall be based on new survey field data, including a SUE
investigation of the main alignment and anticipated private extensions.
WORK TO BE PERFORMED
Task 1.
Design Management
Task 2.
ROW/Easement Services
Task 3.
Design Survey
Task 4.
Conceptual/Preliminary Design
Task 5.
Final Design
Task 6.
Permitting
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members and subconsultants
• Task and allocate team resources
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 1 of 12
1.2. Communications and Reporting
• Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements.
• Conduct and document periodic project update meetings with CITY Project Manager.
• Conduct review meetings with the CITY at the end of preliminary and final design
phases.
• Conduct and document periodic design team meetings.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at
the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
ASSUMPTIONS
• Right of Entry permits will be expedited at the outset of the project to allow the
SUE investigation and field surveyors to proceed prior to design phase.
• Our office will meet at the site up to 3 times during the design and construction
phases, at the request of the City staff or inspectors, the surveyor, the SUE
investigator, or the contractors.
• Our plan set is anticipated to be approximately 13-15 sheets.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 2 of 12
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. 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.
2.1. Right -of -Way Research
• The ENGINEER shall determine rights -of -way and easement needs for
construction of the project. Required temporary and permanent easements will,
be identified based on available information and recommendations will be made
for approval by the CITY.
2.2 Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
2.3 Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary
Right of Entries from landowners. It is assumed that letters will only be required
for land owners adjacent to temporary construction easements or who are
directly affected by the project and no easement is required to enter their
property.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's 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.
DELIVERABLES
A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms
B. Temporary Right of Entry Letters
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 3 of 12
TASK 3. DESIGN SURVEY.
ENGINEER will provide survey.support as follows.
3.1 Design Survey
ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, utilities as required by the SUE, structures, trees (measure caliper, identify
overall canopy, and have qualified arborist identify species of trees), and other
features relevant to the final plan sheets. Existing drainage at intersections will
be verified by field surveys. Spot elevations will be shown on intersection layouts
with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
- A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
- The following information about each Control Point;
a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
3.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for field survey, the ENGINEER shall prepare, mail and
obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
TASK 4. CONCEPTUALIPRELIMINARY DESIGN (60 PERCENT).
Preliminary plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows:
4.1. Data Collection
• 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 4 of 12
conditions that may impact the project including; utilities, 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.
4.2. 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 contours labeled. Data source
and year will be provided by the CITY. Calculations regarding street and right-of-
way capacities and design discharges (5-year and 100-year frequencies) at
selected critical locations will be provided. 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.
4.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below.
The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks.
Survey surface features of subsurface utility facilities or systems.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 5 of 12
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level M
• Select and apply appropriate surface geophysical method(s) to search for and
detect subsurface utilities within the project limits, and/or to trace a particular
utility line or system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for
marking of lines.
• Unless otherwise directed, mark centerline of single -conduit lines, and outside
edges of multi -conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project's
survey control.
Level A (this shall be invoiced separately if later it is deemed necessary by the
City)
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 6 of 12
4.4. Development of Preliminary Design Drawings shall include the following:
• Cover Sheet
• Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the 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,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s).
• SUE plan drawings.
• Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable), sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
• No less than two bench marks per plan/profile sheet.
• The ENGINEER will prepare standard and special detail sheets that are not
already included in the City's standard details. These may include connection
details between various parts of the project, tunneling details, boring and jacking
details, waterline relocations, details unique to the construction of the project,
trenchless details, and special service lateral reconnections.
• The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 7 of 12
performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or (3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de -
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
4.5. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
4.6. Utility Clearance
The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in 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.
4.7 Traffic Control Plan
• None anticipated on this project
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
4.8 Documentation of key design decisions (Project Decision Log) after Review Meeting
• ENGINEER shall provide a written log of the key decisions made during the initial
review meeting.
4.9 Estimates of probable construction cost
• ENGINEER shall prepare an "Engineer's Opinion of Probable Cost" for the
project based on the 60% plans.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 8 of 12
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth
Storm Water Management Design Manual, March 2006.
• Traffic Control "Typicals" will be utilized to the extent possible.
• The SUE and SUE plan sheets shall be in accordance with CUASCE 38-02.
• 2 full size plans will be delivered for Constructability Review.
• 9 half size drawings will be delivered for Preliminary Design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings
B. Utility Clearance drawings
C. Documentation of key design decisions (Project Decision Log) after Review
Meeting
D. Estimates of probable construction cost
TASK S. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
5.1 Final draft construction plans (90%) shall be submitted to CITY per the approved
Project Schedule.
5.2 The ENGINEER shall submit a final design estimate of probable construction cost
with the final design plans submitted. This estimate shall use ONLY standard CITY
bid items.
5.3 Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Final Plans (100%) to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered
in State of Texas.
5.4 Documentation of key design decisions (Project Decision Log - 90% & 100%).
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 9 of 12
ASSUMPTIONS
• All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006.
• 9 half size drawings will be delivered for the 90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
2 full size drawings will be delivered for the 100% design.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
DELIVERABLES
A. 90% construction plans.
B. 100% construction plans.
C. Documentation of key design decisions (Project Decision Log).
D. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
E. Original cover mylar for the signatures of authorized CITY officials.
F. Mylar Drawings
The ENGINEER shall submit a set of sealed conformed mylar drawings for
record storage.
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. Sinaular 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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 10 of 12
II. Water and Sewer file name example — "X-35667_org36.pdf' where "X-
35667" is the assigned file number obtained from the CITY, "—org"
designating the file is of an original plan set, "36" shall be the total number
of sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
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.
G. 1 copy conformed full size (22" x 34") mylar plans will be delivered to the CITY.
H. Conformed Mylar plans
TASK 6. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
6.1. F000dplain Services
• We are not anticipatina anv coordination reauired with FEMA. the Corps of
Enaineers, EPA, or other state or federal aovernment aaencies reaardina the
installation of this new storm drain system. If deemed necessary to orovide
these services, our office will prepare an addendum to our contract for such
services, which may include:
• Completing all forms/applications necessary to work within a designated
floodplain as indicated on the current FIRM maps
• Submitting forms/applications for CITY review
• Submitting revised forms for CITY review
• Responding to CITY comments and requests
6.2. Texas Department of Transportation (TxDOT) Permit
• None anticipated
6.3. Railroad Permit
• None anticipated
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 11 of 12
6.4 Texas Department of Licensing and Regulation (TDLR)
• None anticipated.
ASSUMPTIONS
• We are anticipating that permitting will be through City of Fort Worth Storm Water
Management Department.
DELIVERABLES
A. Floodplain Permit for the City of Fort Worth
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:
• Negotiation of additional easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection
and re -bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of
God.
• Services related to warranty claims, enforcement and inspection after final
completion.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08127/2010
Page 12 of 12
ATTACHMENT B
COMPENSATION
Design Services for
Harlanwood Drainage Improvements
City Project No. 01892
Lump Sum Project
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $36,754.00 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.
11. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item Ill. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Department of Transportation/Public Works, monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 3
M
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm ! Primary Responsibility
Prime Consultant
i Design
Proposed M/WBE Sub -Consultants
Survey
I
I �
Non-M/WBE Consultants
None
Project Number & Name
01892 Harlanwood Drainage
I rnprovements
City M/WBE Goal = 17%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
TOTAL
Total Fee
$36, 754.00
Fee Amount j % -�
$30,169.00 82.1
$6,585.00 17.9 i
I
i
$36,754.00 1 100%
M/WBE Fee M/WBE %
$6, 585.00 17.9%
Consultant Committed Goal = 18 %
10
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
nsert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3 of 3
AM
Professional Services Payment Request Project Manager: IMichael Owen, P.E
Project: lHarlanwood Drainage Improvements
City Project #: 101892
City Sec Number: I I Consultant Instructions:
Company Name: ICharles Crook Consulting, Inc.
Consultant's PM: Charles Crook, P.E. I
Vendor Invoice #:'
Payment Request
From Date:-r` :, , •� ;'':
To Date: +t ,2'. .;,•. .-e .
Invoice Date:
Summary
Fill In green calls including Invoice Number, From and To Dates and the included worksheets.
IWhen your Invoice is complete, save and close, start Buusaw and Add your Invoice to the
Consultant folder within Project's folder.
email: chucIZ ,r aC.
ookcnn��.f' Inn com i
r ..
Office Address:9508 W. BbneerPkwy., &uite 207, Arlington, TIC 76013
Telephone: 817-274-7788
Fax: 011-274,W Jr.
Remit Address:11NO W, RjonW,&wy.,.&W2.gl,ArlNton, IX 76013 .J
Agreement
Agreement Amendment Amount to Completed Percent (i) Invoiced Current Remaining
Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Invoice Balance
Work Type 1 Stormwater Desiqn P227 531200 203280189230 S36 754.0C $36 754 DC $36,754.00
Work Type 2
Work Type 3
Work Type 1
Work Type 5 I I
Work Type 6 I I
Totals This Payment Request $36.754.00 $36.754.00 $36,75400
Overall Percentage Complete:
Professional Services Payment Request Project Yanagor. Michael Owen, PE
Project: Harlanwood Drainage Improvements
City Project #: 01892
Work Type Desc: Stormwater Design
Consukant Instructions:
FIAIC: P227 531200 203280189230
City Sac Number:
Fill In greon cells including Percent Compinto and Invoiced Previously Ouanams
Purchase Order:
When your Invoke is complete, save and close, start Burssaw and Add your invoice to the
Cotnrdtant folder within Project's folder.
Company Name: char-crookcom-mm,Inc
Consultant's PM: Charles Gook, P.E.
Vendor Invoice M
Payment Request M
From Date:
To Date:
Invoice Date:
Pay Items
Description
30 - Dusrun
Totals This Unit:
email:
ctwckoccrookconaulling.cirn
Office Address: 1506 W. Pioneer Pkwy., suds 207, ArWpton, TX 7W13
Telephone:
817-2747788
Fax:
817-2743285
Remit
1506 W. Pioneer Pkwy., Suns 207, Arlington, Tx 76013
,
Address:
Agreement
Agreement Amendment Amendment
Amount to
Completed Percent (>i) Invoiced Current Remaining
Amount Number Amount
Date
Amount Completed Previously Invoice Balance
S3s,754.001
W.754.0t
53s.7S000
— - F; �.
$36.754.00 S36,7 !4.00
Overall Percentage Complete:
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Harlanwood Drainage Improvements
City Project No.01892
NONE
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of I
Consulting Contract Schedule Specifications FORT WORTH
City of Fort Worth Capital Improvement Program
Attachment D - Project Schedule
This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and 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)
- Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT)
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,
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Pagel of 2
0 Other schedule -related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, thF CONSULTANT shall take such action as necessary to improve the progress of
thQ Work In addition, the CITY may require the CONSULTANT to submit a revised
ating the proposed plan to make up the delay in schedule progress and
7n of the Work within the allotted Agreement time.
3. 5- DUL" TIL SPECIAL INSTRUCTIONS:
The requir---,,4-s for fhe schedule are determined based on the nature and needs of the
pro,i tier for this project is stated at the top of this document.
L 't, Aiall .;ubmit each schedule relying on the CITY's current Schedule
_.. —"ncr .went.
SC- "EDULE SUBMITTAL AND PAYMENT:
^ ted in t:I.A.(1). of the Agreement, CONSULTANT shall provide the information
ttachment D. CONSULTANT's monthly invoices will not be accepted and
payment without monthly schedule updates that are submitted in the time
and required by Attachment D and the CITY's current Schedule Guidance
Docume.
City of Fort Worth, Texas
Attachment D
PMO Release Date: 02.15.2011
Page 2 of 2
HARLANWOOD DRAINAGE
RECONSTRUCTION PROJECT
(2012)
L
LEGEND
- ALIGNMENT OF PROPOSED STORM DRAIN
ATTACH MENT "E" - LOCATION MAP
C*IARLES CROCK
CONSULTING. MOM
FWXN0ffWnMlftF-WW
LAPP'l=VAl pwW.vmmW
MMWW470"7"M qqlk "m4qmwm
Fm
Task No. Task Description
1.0
Project Management
1.1
Managing the Team
1.1.
Inemal Team Meetings
1.1.
CAiCC
1.2
Communications and Repporting
1.Z.
Pre -Design Coordina(ion N(Lting
1.2.
Periodic Project Update Meetings
1.2.
Design Submittal Review Meet rags
1.2.
Prepare Baseline Schedule
Prepare Monthly Progress Reports with
1.2.
Schedule
1.2.
Prepare Monthly MWBE Reports
1.2.
Invoicing
2.0
ROW/Easement Services
2.1
Right -of -Way Research
Right-of-Way/Easement Preparation and
2.2
Submittal
2.3
Temporary Right of Entry Submittal
3.0
Surve1.�
3.1
Design Survey
3.2
Temporary Right of Entry Submittal
a.0
Prelimina�i Design (60 Percent)
4.1
Data Collection
4.2
Drainage Computations
4.3
Subsurface Utility Engineering (SUE)
4.4
Preliminar Design Drawings
4.5
Cof !ability Review
4.6
Utility Clearance
4.7
Control Plan
4.8
JTraffic
Project Decision Log
Project Project
Mana 4Engineer
ate 41r 50 $10
21
3
3
1
3
3
2
2
21
21
i
41
`I
4.9 lConstruction Estimate l
5.0 ;Final Dealt�n l
5-1 ;Final Draft (90%) Construction Plans l
5.2 Construction Estimates (90% and 100%)
5.3 'Final (100%) Plans
5A JProject Decision Logs (90% and 100%)
6.0 ;Permitting ;
6.1 loodpplain Services6.2 IF
TxDOT
6.3 Railroad
6.4 1 ULH
Totalsl
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
4
51 1
41
311
of
51
1
12
2
31
11
31
41
161
41
61
41
2!
21 2
791
10
3
2
1
14
Level of Effort Spreadsheet
641
1
TASKMOUR BREAKDOWN
Design Services for
Harlanwood Drainage Improvements
City Project No. 01892
Expense
CADD Administrative Total Labor
Cost
Subconsuhant
Travel
Total Expense Task Sub Total
Reproduction Cost
0 $50 $30 MWBE Non-MWBE
8 5 $ f4Y440
s0
so
$0
$0 s0
$4,440
3 3 1900
SO
$0
$L�O4W
1 $250
$0
$250
2 2 2 1§10
so
$810
U50
$0
$450
Sa5(10
$0
$500
2 $360
$0
$360
2 {360
$0
$360
? S3FjT
$0
$360
0 0 0 tt�
rtLo0f1
SO
So
So $2�
$2 600
n
v00�
$1,200
$1,,220000
I
5400
$1,000
t
iOi 0
j1
tj
i �41
$O
I
SO
$0 $2,000
$2,2S0
1 1
I
1
so
Wo
�
51 381 4 S17.07pA
$2.585;
r
s01
SO
$100 $2,685
$12,755
I sA�
1
I
I
So
$0
0 I S3 41
1
1
1
$0
$3,750
1
S ,
$2 5851
1
1
$2,585
$2.835
36
2 s10
I
I
$100 $100
$10,160
21
I
$0
$500
S
41 (
§ 1
1
I _
1
$0
$550
I
5501
I
I
1
$0
S55o
21 1 2 $86011
1
$0
$860
51 121 5 6 I
So
$0;
$o
�}00 moo
$5,950
51 121 7 I
200 s200
S2,900
7 I 3 6fi 11
_
S0
$1,690
3� 1 0 brat=;
1 _
$100 $100
$1,000
1 1 21 $360
$0
$360
1 0' 0
{500
$0111
Sol
$01
$01 $0
$500
21
i�00
I
I
I $0
$500
Q
I
I $0
$o
$0
so
1 bl
I
I $0
�o
631 171 $28,7 01
65851
0+
0
4001 $6,085
$36,tl05
Project Summary
Total Hours
290
Total Labor
$29,110
Total Ex"P@nse
$6,985
MWBE Subconsuhant
$6,585
Non-MWBE Subconsuhant
$0
10% Sub Markup
$659
MWBE Parb allon
17.9%
Total Project Cost
$36,754