HomeMy WebLinkAboutContract 62055City Secretary Number: _6_20_5_5 ____ _
SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT
Project No. 105619
This SMALL-SCALE INFRASRUCTURE PROGRAM AGREEMENT ("Agreement") is
made and entered into by and between the City of Fort Worth ("City"), a home-rule municipal corporation
of the State of Texas and Fort Worth Housing Solutions ("Developer"). City and Developer are referred to
herein individually as a "party" and collectively as the "parties."
WHEREAS, the City's Development Services Department has a small-scale infrastructure
program for the design and construction of small-scale and infill-type public infrastructure improvement
projects ("Program"); and
WHEREAS, Developer is developing property within the City for a project located at 5012 East
Rosedale Dr� and generally known as FWHS Hughes House Community Center ("Project") and Developer
desires to use the Program for the Project; and
WHEREAS, pursuant to the Program, the City can design and construct public infrastructure
necessaiy for the Project and Developer will pay all costs for the design and construction of the public
infrastructure; and
WHEREAS, City and Developer desire to enter into this Agreement for Developer to utilize the
Program for the Project;
NOW, THEREFORE, in consideration of the covenants and agreements contained 111 this
Agreement, City and Developer hereby agree as follows:
SECTION 1.
SCOPE
(a)City shall obtain the engineering design and construction phase engineering services for the public
infrastrncture improvements for the Project ("Improvements") through the use of the third-party
engineering firm identified in the Engineering Task Order ("Engineer") which is attached hereto as
Exhibit "A" and incorporated herein by reference. Developer has reviewed and approved the Task
Order and agrees to all statements in the Task Order. Developer shall have the opportunity to
review the final design of the Improvements to identify any errors, deficiencies, or conflicts that
must be addressed before construction of the Improvements. Upon completion of the engineering
plans and acceptance of the engineering plans by the City and Developer, the engineering plans are
incorporated by reference into this Agreement. Developer understands that any revisions to the
engineering plans requested by Developer before or after the review or acceptance of the final
design will require additional design fees paid by Developer for the additional engineering costs.
(b)Developer understands and agrees that City makes no representation or promise relating to: (1) the
date the engineering plans will be completed by Engineer and accepted by the City; (2) that
Engineer will complete the engineering plans; or ( 4) the cost of the engineering plans. If the City's
agreement with Engineer is terminated, or Engineer is in default under its agreement with the City,
the City may offer a substitute engineer to re-design or complete the design of the engineering plans
("Substitute Engineer").SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Rev. 8/24 Page 1 of 10
(c) Upon completion of t}ie engineering plans, City shall contractor with the third-party construction
cont��actor identified in the Consh�uction Task Order ("Contractor"). The construction Task Order
will be reviewed and approved by Developer which will be incorporated by reference into this
Agreeinent iipon execl►tion by the City and Developer.
(d) Developer understands and agrees that City makes no representation or promise relating to: (1) the
date the Improvements will be constructed by tl�e Contcactor and accepted by the City; (2) that the
Contractor will complete construction of the Improveinents; or (3) tlie cost of construction. If the
City's agi•eeinent with Contcactor is terminated, or the Conti•actor is in default undei• its agreeinent
with the City, the City may offer a substitute contractor to construct or complete construction of
the Improvements ("Substitute Conh�actor").
(e) Developer undeistands and agrees that construction of public infi�astructure can result in unforeseen
cii•cumstances that �nay result in project delays or additional expenses. Developer fiirther
understands that subsurface utility engineering ("SUE") shall not be included in tlie scope of the
engineering services provided under this Agreement unless Developer specifically requests that
SUE be included and SUE is included in the Engineer's Taslc Order. Proceeding without SUE may
result in delays or additional costs for the Project for which Developer will be responsible. City
shall not be liable to Developer for any delays or increased costs to Developer that result fi�om the
design and const�uction of flle Project set forth in this Agreement.
(� City will not provide any engineering or construction management service to Developer pursuant
to this Agreement.
SECTION 2.
TERM
The term of this Agceement shall begin on the date signed by the City's Assistant City Manager
("Effective Date") and shall expire two years fi•oin the Effective Date ("Initial Term"), unless terminated
earlier in accordance with the provisions of this Agreeinent. This Agreement may be exteilded by parties
by the execution of a written amendment.
SECTION 3.
COMPENSATION
(a) Developer shall pay all costs of the Engineer and the Contractor, and any Substitute Engineer or
Substitute Contractor, for the design and construction of the Improvements. Ciry shall collect the
fees fi•om Developer and renut them to the Engineer and the Contractor. City shall not pay far any
of the engineet•ing costs, construction costs, or any other costs associated with conri�action of the
Improvements. The fees charged by Contractor shall not be on a lump sum or fixed fee basis.
(b) Upon execution of tliis Agreement by Developer, Developer has paid to the Ciry the estiinated
engineering fees, including contingency funds, in the amount of $17,468.75 and the estiinated
const�uction costs, including contingency funds, in the amount of $98,802.48. The amounts paid
to the City are based on estimates. Prior to the City allowing Contractor to proceed to consh•uction,
the City will provide Developer with a construct Taslc Order that includes a projected consttuction
cost with contingency based on the final engineering plans ("Projected Construction Cost"). If the
estimated construction costs paid by the Developer are less than Projected Construction Cost,
Developet� shall pay the difference to the City upon request fi•om the City. City will not allow the
SMALL-SCALE INFRASTRUCTUR� PROGRAI�I AGRE�MENT Pagc 2 of 10
Rev. 8/24
Contractor to proceed to construction until any additional costs owed to the City are paid Uy
Developei•.
(c) If during the desig�i or construction of the Impi•ovements, the estin�ated fees paid by Developer are
insufiicient to pay for the engineering or construction costs inctu-red on the Project, Developer must
pay the shortage to the City befoi•e the desig►1 or construction may continue.
(d) Upon completion of tl�e co�istniction of tlie Improvemeuts, the City will ceconcile tl�e act�ial
engineering costs and consh�uction costs for the Improvements with the estimated engineering costs
and construction costs paid by Developer. If the actual engineering and construction costs are more
than the estimated payments made by the Developer, the Developer must pay the difference to the
City befoi•e tl�e Improvements will be accepted by the City. If the actual engineering costs and
construction costs are less than the estimated payments made by the Developer, the City will
refund the difference to the Developer. The City shall not issue a certi�cate of occupancy or final
inspection for any building relating to the Improvements or �nal plat for the Project until all fees
owed to the City have been paid by Developer.
SECTION 4.
TERMINATION
If Developer terminates this Agreement before construction of the Improvements is completed
and accepted by the City, Developer agrees to vacate any final plats that have been filed with the county
where the Project is located, and City inay suspend, refuse to issue, or refuse to final all building permits,
trade permits, and other permits that are associated with any buildings or other on-site inlprovements
being constructed as part of Developer's project. If Developer terminates this Agreement before
construction of the Improvements is completed and accepted by the City, Developer must execute a
community facilities agceeinent with the City to consti-uct the Improveinents.
SECTION 5.
CONNECTION OI' PUBLIC AND PRIVATE INFRASTRUCTURE
Developer will not allow Developer's contractois to connect buildings to service lines of sewer and
water mains constiucted pursuant to this Agreement, if any, until said sewer, water mains and service lines
have been completed to the satisfaction of the City. Developer will not allow Developei•'s contractors to
connect private infi�astructure to paving and drainage constructed pursuant to this Agreement, if any, until
said paving and drainage have been completed to the satisfaction of the City.
SECTION 6.
UTILITIES
Developer shall be i•esponsible for identifying, locating, and causing or paying for the installation
or adjustinent of all utilities required to: (1) seive the Project; and (2) to construct the Improvements
required herein. City shall not be responsible for payment of any costs that may be incui7�ed by Developer
in the relocation of any utilities that are or inay be in coiiflict with any of the Improvements to be constructed
pursuant to this Agreement.
SECTION 7.
CERTIFICAT�S OF APPROPRIAT�NESS
SMALL-SCALE INFRASTRUCTUR� PROGRANI AGRE�M�NT Page 3 of 10
Rev. 8/24
Developer shall be responsible for obtaining all Certificates of Appropi•iateness ("COA") for the
Project, if a COA is required for tlie Project. The City cannot allow tlie construction of tlle Improve�nents
to begin before all required COAs ace obtained Uy Developer. If Developer chooses to proceed with the
design of the Impi•ovements without a COA issued by the City, Developer understands that delays may
occur and the Engineer may be required to redesign the Improvements, which will be at Developer's sole
cost and expense.
S�CTION 8.
�AS�M�NTS AND RIGHTS-OF-WAY
Developer agrees to provide, at its expeilse, all necessary rights-of-way and easements required for
the construction and dedication to the City of the Improvements provided for by this Agreement. Developer
shall assist City, Engineer aiid Contractor, and pay all costs for obtaining rights of entry or temporary
constniction easements necessaiy to construct the Project.
SECTION 9.
LIABILITY AND INDEMNIFICATION
(a) DEVELOPER HEREBY RELEASES AND AGREES TO INDEMNIFY, DEFEND AND
HOLD THE CITY HARMLESS FOR ANY INADEQUACIES IN THE ENGINEERING
PLANS AND SPECIFICATIONS.
(b) THE DEi�ELOPER COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES
HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES FRONI ALL SUITS, ACTIONS OR CLAIMS OF
ANYCHARACTER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ONACCOUNT
OFANYINJURIES OR DAMAGES SUSTAINED BYANI' PERSONS, INCL UDING DEATH,
OR ANY LOST PROFITS SUFFERED BY DEVELOPER, OR DANIAGE TO ANY
PROPERTY, RESULTING FROM OR IN CONNECTION 6{'ITH THE CONSTRUCTION,
DESIGN, PERFOR�YIANCE OR COMPLETION OF THE IMPROVEMENTS, OR ON
ACCOUNT OFANYACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT
OF SAID DEVELOPER, ITS CONTRACTORS, SUB-CONTRACTORS, OFFICERS,
AGENTS OR EMPLOYEES, WHETHER OR NOT SUCHINJURIES, DEATH OR DAMAGES
ARE CAIISED, IN WHOLE OR INPART, BYTHEALLEGED NEGLIGENCE OF THE CITY
OF FORT WORTH, ITS OFFICERS, SERVANTS, OR EMPLOYEES.
SECTION 10.
NOTICES
All notices required or permitted under this Agreement may be given to a party Uy hand-
delivery or by mail, addt•essed to such party at the address stated below. Any notice so given shall be
deeined to have been received when deposited in the United States rnail so addi•essed with postage
prepaid:
CITY:
City of Foi•t Worth
Developinent Services Department
Attn: Small-Scale Infi•astructure Program
100 Fort Worth Trail
SMALL-SCALE INFRASTRUCTUR� PROGRAM AGREEM�NT
DEVELOPER:
Fort Worth Housing Solutions
Attn: Mary Margaret Lemons
1407 Texas St.
Fort Worth, TX 76102
Page 4 of 10
Rev. 8/24
Fort Worth, Texas 76102
With copies to:
City Attorney's Office
City of Fort Worth
100 Fort Woctl� Trail
Fort Worth, Texas 76102
and
City Manager's Of�ce
City of Fort Worth
100 Fort Worth Trail
Foi•t Worth, Texas 76102
Or to such other address one party may hereafter designate by notice in writing addressed and
mailed or delivered to the other party hereto.
SECTION 11.
RIGHT TO AUDIT
Developer agrees that, until the expiration of three (3) years after acceptance by the City of the
Improvements constr�ucted pursuant to this Agreement, that the City shall have access to and the right to
examine any directly pertinent boolcs, documents, papers and records of the Developer involving
transactions relating to this Agreement. Developer agrees that the City shall have access during normal
worlcing hours to all necessaiy Developer facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section. The City shall give
Developer reasonable advance notice of intended audits.
SECTION 12.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Developer and its employees, representative, agents,
servants, officers, contractors, suUcontractors, and volunteeis shall operate as independent contractors as to
all rights and privileges and work perforined under this Agreeinent, and not as agents, representatives or
employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Developer shall have the exclusive right to conn•ol the details of its operations and activities and be solely
responsiUle for the acts and omissions of its employees, representatives, agents, seivants, officers,
contractors, subcontractors, and volunteers. Developer acicnowledges that the doctrine of responrleat
sa�perior shall not apply as between the City and its officers, representatives, agents, servants and
employees, and Developei• and its employees, representatives, agents, servants, officers, contractors,
subcontractors, and volunteers. Developei• further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise Uetween City and Developei•. It is further understood that the
City shall in no way be considered a co-employer or a joint employer of Developer or any employees,
representatives, agents, servants, officers, contractors, subcontractors, and volunteeis of Developer.
Neither Developer, nor any officers, agents, servants, employees or subcontcactors of Developer shall be
entitled to any einploymeut benefits fi�om the City. Developer shall be responsible and liable for any and
SA'IALL-SCALE INFRASTRUCTUR� PROGRAM AGREEM�NT Page 5 of 10
Rev. 8/24
all payment and reporting of taxes on behalf of itself, and any of einployees, representatives, agents,
sei•vants, officers, cont��actors, subcontractors, and volunteers.
The City, through its authorized representatives and ei7iployees, shall have the sole and eaclusive
right to exercise jurisdiction and control over City employees.
SECTION 13.
APPLICABL� LAW; VENUE
This Agreement shall be construed undec and in accordance witl� Texas law. Venue shall be in
the state courts located in Tarrant Cotmty, Texas or the United States District Court for the Northern
District of Texas, Fort Woi•th Division.
SECTION 14.
NON-WAIVER
The faihire of the City to insist upon the performance of any term or provision of tlus Ab �eeinent
or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent
of City's right to assert or rely on any such term or right� on any future occasion.
S�CTION 15.
GOVERNMENTAL POWERS AND IMMUNITIES
It is understood that by execution of this Agreement, the Ciry does not waive or surrender
any of its governmental powers or iminunities.
SECTION 16.
HEADINGS
The paragraph headings contained herein are for the convenience in reference and are not intended
to define or liinit the scope of any provision of this Agreement.
SECTION 17.
SEV�RABILITY
In the event that any clause or provision of this Agreement shall be held to Ue invalid by any
court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the
reinaining provisions hereof.
SECTION 18.
REVIEW OF COUNSEL
City and Developer, and if they so choose, their attorneys, have had the opportunity to review
and cotnment on this docuinent; therefore any rule of contract construction or interpretation that would
normally call for the document to be interpreted as against the drafting party shall not apply in
interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be
construed solely on the basis of the language contained therein, regardless of who authored such
language.
SA�ALL-SCAL� INFRASTRUCTUR� PROGRAM AGREEMENT Page 6 of 10
Rev. 8/24
SECTION 19.
PROHIBITION ON BOVCOTTING ISRAEL
Developer aclaiowledges that in accordance witl� Chapter 2271 of the Texas Government Code,
the City is prohibited fi�om entering into a contract with a company with 10 or moi•e fiill-tiuie employees
that has a vahie of $100,000 or inore that is to be paid wholly or partly fi�oin public funds of the City for
goods or services unless tlie contcact contains a written verification from the coinpany that it: (1) does not
boycott Israel; and (2) will not boycott Israel during t}�e terin of the contract. The terms "boycott Israel"
and "company" has the meanings ascribed to tliose terms by Chapter 2271 of the Texas Government Code.
To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signiug this
Agreement, Developer certiiies that Developer's signat�ire provides written verification to the City that
Developer: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement.
SECTION 20.
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Developer acicnowledges that in accordance with Chapter 2276 of the Texas Government Code the
City is prohibited fi�om entering into a contract for goods or services that has a value of $100,000 or more
that is to be paid wholly or partly from public fiinds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification fi�om the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the conh�act. To the extent
that Chapter 2276 of the Govei-nment Code is applicable to this Agreement, by signing this Agreement,
Developer certifies that Developer's signature provides written verification to the City that Developer: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement.
SECTION 21.
PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES
Developet• aclaiowledges that except as otheitivise provided by Chapter 2274 of the Texas
Government Code the City is prohibited fi�om entering into a contract for goods or services that has a value
of $100,000 or more that is to be paid wholly or pai�tly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification fi�om the company that
it: (1) does not have a practice, policy, gliidance, or directive that discriininates against a firearm entity or
fireartn trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or �rearm trade association. To the extent that Chapter 2274 of the Goverrunent Code is applicable
to this Agreement, by signing this Agreement, Developer cei-tifies that Developer's signature provides
written veri�cation to the City that Developer: (1) does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade association; and (2) will not discritninate against
a firearm entity or firearm trade association during the term of this Agreement.
SECTION 22.
AMENDMENT
No amendment, modification, or alteration of the terms of this Agreement shall be binding unless
the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer.
S�CTION 23.
ASSIGNMENT AND SUCCESSORS
SMALL-SCALE INFRASTRUCTUR� PROGRAM AGREEM�NT Page 7 of 10
Rev. 8/24
Developei• shall not assign or subcontcact all or any part of its rights, pi•ivileges, oi• duties undei• tiiis
Agr�eenient without tl�e prior written consent of City. Any atten�pted assignment or slibcontract without the
City's prior written approval shall be void and constitute a breacli of this Agceement.
SECTION 24.
NO THIRD-PARTY BENEI'ICIARIES
The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and aiiy lawfiil assigu or successor of Developer, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
SECTION 25.
COMPLIANCE WITH LAWS, ORDINANCES, RUL�S AND REGULATIONS
Developei•, its of�cers, agents, servants, einployees, and conti•actors, sliall abide by and coinply
with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed
and understood that, if City calls to the attention of Developer any such violation on the part of Developer
or any of its officers, agents, seivants, employees, or subcontractors, then Developer shall immediately
desist from and correct such violation.
SECTION 26.
SIGNATURE AUTHORITY
The person signing this Agreeinent on behalf of Developer warrants that he or she has the legal
authority to execute this Agreement on behalf of the Developer, and that sucll binding authority has been
granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled
to rely on this warranty and representation in entering into this Agreement.
SECTION 27.
COUNTERPARTS
This Agreeinent may be executed in inultiple counterparts, each of which will be deeined an
original, but which together will constitute one instrument.
S�CTION 28.
ENTIRE AGREEMENT
This written insttument, together with any attachinents, exhibits, and appendices, constitutes the
entire undeistanding between the City and Developer concerning the worlc to be performed hereunder, and
any prior or contemporaneous, oral or written agreement that puiports to vaiy fi�om the terms hereof shall
Ue void.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
SMALL-SCALE INFRASTRUCTUR� PROGRAM AGREEM�NT Page 8 of 10
Rev. 8/24
IN WITNESS WHEREOF, the City and Developer have each executed this Agreement by their
duly authorized signatories to be effective on the date executed by the City's Assistant City Manager.
CITY OF FORT WORTH
Dana Burghdoff
Assistant City Manager
Date: Sep 13, 2024
Recommended by:
Dalton Harrelljiep 12, 202411:02 CDT)
D.J. Harrell
Director
Development Services Department
Approved as to Form & Legality:
Richard �cCracken (Sep 11, 2024 20:32 CDT)
Richard A. McCracken
Si·. Assistant City Attorney
M&CNo.N/A
Form 1295: NIA
ATTEST:
Jannette Goodall
City Secretary
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
requirements.
Evelyn Roberts
Contract Service Administrator
DEVELOPER
Fort Worth Housing Solutions
� Lemons (Aug 29, 2024 09:10 COT) Name: Mary Margaret Lemons
Title: President
Date: Aug 29, 2024 SMALL-SCALE INFRASTRUCTURE PROGRAM AGREEMENT Rev. 8/24 Page 9 of IO
EXHIBIT "A"
TASK ORDERS
SMALL-SCALE INFRASTRUCTUR� PROGRAM AGREEM�NT Page 10 of 10
Rev. 8/24
FORTWORTH
5/13/2022
Baird, Hampton & Brown, Inc
6300 Ridglea Place, Suite 700
Fort Wor-th, Texas 76116
Attention: Austin Baird, PE
From:
Victor� V. Tornei•o, Jr., PE
Senior Capital Projects Of�cer, Developrnent Services
Subject: Notice to Proceed
Project Name: 5012 East Rosedale Street
Permit Number: SSIP-24-0007 / City Pt•oject Numbei• : 105618
Engineei•ing Agreement: CSC No. 61220
Taslc Order Number: BHB — O1-SSIP-24-0007
This noti�cation seives as your notice to proceed to begin Taslc Order No. BHB-OI-SSIP-24-0007, for final
design and construction phase seivices for the above referenced project. The City accepts yo�u• proposal in an
amount not to exceed $13,975.00. This proj ect includes design of pedestrian lighting in accordance with
current City Standards as described in the City of Fort Worth Transportation Engineering Manual. The allotted
number of days to complete the final design phase of this work is 27 worlcing days. Any changes to scope or
schedule need to be submitted via RFI pt�ocess with rislc assessment for its approval by the project manager.
Consultant must submit schedule updates by Sr�' of the month to the SSIP Team. Failure to do so would delay
processing of pending invoices. The anticipated start date for seivices is within a weelc of this executed
agreement, when payment is received and coniirmed. The anticipated star•t date for constiuction phase seivices
is at the beginning of July.
Taslc Order Authorization:
V'ictv� V. 7"0���-,��^. , l'. E,
viclorv. rornero Jr., P.E. (Jun P, 2uza ]s:s9 eDT)
Victor V.Tornero, Jr., PE
Sr. Capitol Projects Officer
Development Services
Attachments:
1. Attachment A— Scope Document
2. Attachment B — Compensation
3. Attachment C— Project Schedule
Tohh Austin Bqi�d
John Austin Baird (Jun 28, 2024 06�50 CDi)
Austin Baird, PE
Principle, Senior Civil Engineer�
Baird, Hampton & Bi•own
�Aa�ret Lemons (Jun 28, 202A 12:57 CDT)
Maiy-Mai•garet Leinons
President
The Fort Worth Housing Solutions
FORT WORTH�
ATTACHMENT "A"
Scope for Enqineerinq Desiqn Related Services for Arterial Improvements
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.
OBJECTIVE
The objective of the SSIP-24-007 project is to provide pedestrian and street lighting
improvements to the proposed development located at 5012 E Rosedale St. in conformance
with the zoning and other development requirements.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design (30%)
Task 3. Preliminary Design (60%)
Task 4. Final Design (100%)
Task 5. Bid Phase Services
Task 6. Construction Phase Services
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City of Fort Worth, Texas
Attachment A
Release Dale: 07.22.2021
Page 1 of 10
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 / Quality Assurance (QC/QA) is practiced in performance
of the work..
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting:
• Attend a pre-design project kickoff/charter meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Conduct review meetings with the CITY at the end of each design phase
• Conduct QC/QA reviews and document those activities.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY. Multi-month billing is
not allowed. Months in which no work is being invoiced shall require submission
of a $0.00 invoice.
• 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 in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule. This PROJECT requires a Tier 3 schedule as
defined in the City's Specification 00 31 15 entitled Engineer Project Schedule.
• 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.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company
representative.
ASSUMPTIONS
• One (1) pre-design project kickoff/chartering meeting
• Two (2) plan review meetings
• All submittals to the City will be Quality checked prior to submission.
City of Fort Worth, Texas Page 2 of 10
Atlachment A
Release Date: 07.22.2021
Page 2 of 10
Wo
• Project design phase is anticipated to take 1 months.
• Project construction phase is anticipated to take 1 months.
DELIVERABLES
A. Meeting summaries with action items
B. QC/QA documentation
C. Baseline design schedule
D. Monthly invoices
E. Final Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem, and to obtain the CITY's endorsement of this
concept.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. 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
conditions that may impact the project including; utilities, agencies (TxDOT and
railroads), City Master Plans, and property ownership as available from the Tax
Assessor's office.
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private 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.
2.2. The Conceptual Design Package shall include the following
• Conceptual design package shall include a conceptual street and pedestrian
lighting plan to verify design readiness of the proposed project: including a review
of the developer provided basis of design documents and zoning and other
development criteria.
• Estimates of probable construction cost.
ASSUMPTIONS
City of Fort Worth, Texas Page 3 of 10
Atlachment A
Release Dale: 07.22.2021
Page 3 of 10
I; � ` 1
• One PDF (1) sets of 22"x34" size plans will be delivered for the 30% design.
• PDF files created from design CAD drawings will be uploaded to the designated
project folder in the City's document management system (Virtual Project
Manager or Sharepoint).
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows
3.1. The Preliminary Design Drawings and Specifications shall include the following:
• Preliminary cover and index of sheets including project limits, area location map
and beginning and end station limits.
• Quantity Summary page and each design sheet shall include a quantity take off
table.
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).
• Preliminary street and pedestrian lighting plans.
• Preliminary streetlight, pedestrian light, and all applicable utility details.
• Estimates of probable construction cost.
ASSUMPTIONS
• One PDF sets of 22"x34" size plans will be delivered for the 60% design for
review coordination.
• One (1) set of preliminary project quantity tables utilizing City of Fort Worth
Standard Bid Items for use in unit price contract task order preparation, as well
as draft copies of special item specifications should they be required, will be
delivered for the 60% design.
Ci[y of Fort Worth, Texas Page 4 of 10
Attachment A
Release Date: 07.22.2021
Page 4 of 10
RT WORT
• The following shall be uploaded to the designated project folder in the City's
document management system (Virtual Project Manager or Sharepoint):
■ All other submitted documents and checklists
• The CITY's front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Preliminary Design drawings and specifications including QC/QA documentation
B. Estimates of probable construction cost
City of Fort Worth, Texas Page 5 of 10
Attachment A
Release Date: 07.22.2021
Page 5 of 10
�
TASK 4. FINAL DESIGN and CONSTRUCTION DOCUMENTS (100 PERCENT).
• Following a 60% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans and Bid Documents (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.
• A Quantity Summary page will be included in the 100% design plans. Each design
sheet of the plans shall also include a quantity take off table.
• The ENGINEER shall submit an estimate of probable construction cost with the 100%
design packages. This estimate shall use standard CITY or TxDOT bid items, as
applicable.
ASSUMPTIONS
• Three (3) sets of Full Size 22"x34" drawings and One (1) set of 11 "x17" size drawings
and one (1) set of specifications will be delivered for the 100°/o Design package.
• One (1) set of final Project Quantity tables utilizing City of Fort Worth Standard Bid Items
for use in unit price contract task order preparation. As well as final copies of special
item specifications should they be required.
• A PDF file for the 100°/o Design will be created from design CAD drawings and will be
uploaded to the project folder in City's document management system (Virtual Project
Manager or Sharepoint).
DELIVERABLES
A. 100% construction plans and Project Manual including QC/QA documentation.
B. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's or TxDOT's standard bid items and format, as applicable
C. Digital cover sheet for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
• Not Applicable
Cily of Fort Worth, Texas Page 6 of 10
Atlachment A
Release Date: 0722.2021
Page 6 of 10
Wo
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1. Construction Support
• The ENGINEER shall attend construction progress meetings as requested during
the duration of construction. The ENGINEER will prepare meeting notes with
action items and distribute there to the project team.
The ENGINEER shall review shop drawings, samples and other submittals
submitted by the contractor for general conformance with the design concepts and
general compliance with the requirements of the contract for construction. Such
review shall not relieve the Contractor from its responsibility for performance in
accordance with the contract for construction, nor is such review a guarantee that
the work covered by the shop drawings, samples and submittals is free of errors,
inconsistencies or omissions. The ENGINEER shall log and track all shop
drawings, samples and other submittals in the City's document management
system (Virtual Project Manager or Sharepoint).
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, respond to Request for Information (RFI)
from the contractor, review change orders, and make recommendations as to the
acceptability of the work. The ENGINEER will meet with the Project Delivery
Team and Contractor on-site to review any field changes.
• The ENGINEER shall provide the necessary contractor coordination and
construction staking services as required to facilitate the successful installation of
the proposed infrastructure improvements in accordance with CITY Specification
Section 01 71 23.
• The ENGINEER will coordinate with other TPW divisions and other departments
as necessary.
• The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction.
Information provided by the CITY may include, but is not limited to the following:
o As-Built Survey
o Red-Line Markups from the Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
City of Fort Worth, Texas Page 7 of 10
Attachment A
Release Date: 07.222021
Page 7 of 10
T
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
These Record Drawings were prepared using information
provided by others and represent the as constructed
conditions to the extent that documented changes were
provided for recording. The ENGINEER assumes no liability
for undocumented changes and certifies only that fhe
documented changes are accurately depicted on these
drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, in Adobe Acrobat PDF format (version 6.0 or
higher) and in DWF format. The ENGINEER may keep copies of the
information provided by the CITY for their files, but all original red-lined drawings
shall be returned to the CITY with the digital files.
• 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, if required. Each PDF and
DWF file shall contain all associated sheets of the particular plan set. Sinqular
PDF and DWF files for each sheet of a plan set will not be accepted. PDF
and DWF files shall conform to naming conventions as follows:
I. TPW file name example —"W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example —"X-35667_org36.pdP' 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 the City's document management system (Virtual Project Manager or Sharepoint).
For information on the proper manner to submit files and to obtain a file number for
the project, the ENGINEER should coordinate with the City project manager. File
numbers will not be issued to a project unless the appropriate project numbers and
fund codes have been assigned and are in the Department of Transportation and
Public Works database.
ASSUMPTIONS
• 1 site visits are assumed.
• 2 submittal reviews are assumed.
• 1 RFI's are assumed.
City of Fort Worth, Texas Page 8 of 10
Atlachment A
Release Date: 07.22.2021
Page 8 of 10
• 1 Change Orders are assumed.
DELIVERABLES
A. Response to Contractor's Request for Information
B. Review of Change Orders
C. Review of shop drawings
D. Final Punch List items
E. Record Drawings in digital format
City of Fort Worlh, Texas Page 9 of 10
Attachment A
Release Date: 07.222021
Page 9 of 10
FORT WORTH,r,
Additional Services not included in the existinq 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 easements or property acquisition.
• Bid phase services
• Design survey services
• Right-of-way and Easement services
• Permitting Services
• Utility clearance/coordination services
• Public or property owner meetings
• 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 Page 10 of 10
Attachment A
Release Date: 0722.2021
Page 10 of 10
ATTACHMENT B
COMPENSATION
Design Services for
SSIP 24-0007 City
Project No. 105618
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $13,975.00 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.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department, monthly progress reports and
schedules in the format required by the City.
Cily of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 3
:
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Baird, Hampton & Brown Engineering & Surveying
Proposed MWBE Sub-Consultants
Non-MWBE Consultants
TOTAL
Fee Amount
$13,975.00
$13,975.00
%
100%
100%
Pro'ect Number & Name Total Fee MWBE Fee MWBE %
$ 13,975.00 $ 0 0 %
City MWBE Goal = _0_%
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 2 of 3
Consultant Committed Goal = 0 °/o
:
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9I2022
Page 3 of 3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
SSIP-24-0007
City Project No. 105618
<None>
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of I
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Signature: "
Evelyn Ro .rts (nug; 79, 202a 11::7 cD I)
Email: Evelyn.Roberts@fortworthtexas.gov