HomeMy WebLinkAboutContract 42121 CITY SECRETARY I a
CITY OF FORT WORTH, TE)NTRACT NO.
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Savant Group, Inc., authorized to do business in Texas, (the "ENGINEER"),
for a PROJECT generally described as: Granbury Signal Design Local Air Quality Project.
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 AGREEMENT until
paid in full. In the a services, the ENGINEER shall have
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FL WORTH, TX 08- 12- 11 P 0 4 : 2 7 IN
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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(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate PROJECT
cost or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances; or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 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.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary, commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100,000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability—the ENGINEER shall maintain professional liability, a
claims-made policy, with a minimum of $1,000,000.00 per claim and
aggregate. The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
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(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that would
change or alter the requirements herein is subject to approval by the CITY
in writing, if coverage is not provided on a first-dollar basis. The CITY, at it
sole discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or prior
to the date of the contractual agreement. The certificate of insurance shall
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state both the retroactive date and that the coverage is claims-made.
k. Coverages, whether written on an occurrence or claims-made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
I. The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER. When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
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.
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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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(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.
I. 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
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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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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
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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 I S� day of 4, 20 1
II.
ATTEST: CITY OF FORT WORTH
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By: >r
Marty Hendrix a<,a FO Fernando Costa
City Secretary p ,°00000000
°Np� Assistant City Manager
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APPROVED TO FO Ik� 1$'40. APPROVAL RECOMMENDED
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TR. °oQ 000 / 1 ``
B a� OO000Q° Cy g l�j �✓I (.J
Y' d y'
Douglas W. Black Doug ` rsig, P.E.
Assistant City Attorney Director, Transportation & Public Works
M&C No.: V/- Savant Group, Inc.
M&C Date:
By: �
ennifer ,Butcher, P.E.
Vice President, Savant Group Inc.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas FT. WORTH, TX
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PMO Official Release Date:7.22.2011
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ATTACHMENT "A"
Scope for Engineering Design Related Services for
Traffic Signal Desiqn
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 scope of this project will include a traffic signal design. The intersection of Granbury at
Gorman will be redesigned.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Traffic Signal Design
Task 3. Construction Phase Services
TASK 1. PROJECT 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
• Task and allocate team resources
1.2. Communications and Reporting
• The ENGINEER will attend a kickoff meeting and 1 review meeting with CITY staff to
confirm and clarify scope, understand CITY objectives, and ensure economical and
functional designs that meet CITY requirements
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports.
• 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
ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 1 OF 6
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.
• 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
• The ENGINEER will attend one (1) Kick-off meeting, up to one (1) review
meeting, and one (1)field meeting.
• The kick-off meeting will discuss any issues related to the traffic signal design
and may be combined with the field meeting.
DELIVERABLES
A. Meeting summaries with action items shall be prepared for all meetings with
CITY staff
B. Monthly invoices
C. Monthly progress reports
TASK 2. TRAFFIC SIGNAL DESIGNS
The traffic signal design shall be submitted to the CITY per the approved Project Schedule.
The ENGINEER shall provide traffic signal design plans and estimates for the following
intersection:
• Granbury and Gorman
The following activities apply for each intersection noted above:
2.1 Short Report
ENGINEER will prepare and submit a "short report" for each intersection.
2.1.1 Data Collection
• The ENGINEER may obtain hard copies of record drawings from the CITY. The
record drawings should include but not be limited to the proposed roadway plans,
right-of-way information, and utility plans. If available, the CITY will furnish the
ENGINEER electronic copies of the Microstation CAD files of the existing record
drawings or proposed construction plans. The ENGINEER will collect 3 - 2 hour
turning movement counts at the study intersection for a total of six (6) hours of
data.
• The ENGINEER will schedule subsurface utility engineering (SUE) work to
correctly identify all utilities within a distance of 100 feet from each approach to
the intersection.
ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 2 OF 6
• The ENGINEER will meet with the CITY in the field to discuss the electric
service, communications, vehicle detection, and Opticom requirements at each
intersection. All existing and proposed utilities, pavement widths, lane
configurations, and traffic control devices will be determined based on field
observations, the record drawings provided by the CITY, and SUE's or franchise
utility locates.
2.1.2 Capacity Analysis
• The ENGINEER will perform a capacity analysis indicating level of service for
each movement at each intersection. A capacity analysis report using the
SynchroTM analysis software is preferred; however other capacity methods are
acceptable.
• The ENGINEER will recommend the appropriate traffic signal phasing for each
intersection with consideration to the capabilities of current CITY controller
hardware and software operation functions.
2.1.3 Development of the Short Report for each intersection shall include the following:
• Existing and/or projected traffic volumes;
• discussion of existing and proposed conditions;
• capacity analysis results;
• photo-log of intersection approaches;
• recommendations for signal design, phasing, operations, illumination, and
pedestrian accommodations, including a preliminary layout with cabinet, pole,
and service placements; and
• address any unusual conditions and provide recommendations to resolve these
conditions
ASSUMPTIONS
• The ENGINEER will determine the pedestrian and ADA requirements for each project
intersection.
• Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will
schedule SUE work at each project intersection.
• The ENGINEER will create base plan sheets for signal plans from the record drawings
and aerial photography provided by the CITY, if available.
• The ENGINEER shall submit 1-PDF submitted through Buzzsaw and up to 2 —8.5"x 11"
paper copies per intersection of the draft short report to the CITY.
• The ENGINEER will prepare for and attend one (1) review meeting with the CITY to
receive and reach concurrence regarding the "short report" review comments.
• The ENGINEER will incorporate review comments and submit a final "short report" to the
CITY (1 — PDF electronic copy; 2 —8.5 x 11" paper copies per intersection).
ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 3 OF 6
DELIVERABLES
A. Documentation of key design decisions
B. Draft Short Report
C. Final Short Report
2.2 Traffic Signal Design
ENGINEER will prepare and submit a 90%, 99% and 100% plan and estimates for the
following intersection:
• Granbury and Gorman
The plan set shall include the following:
• Estimate Summary Sheet
• Existing Conditions Layout showing utility lines, illumination, signs, markings,
and any removals (if necessary).
• Traffic Signal Design Layout(per intersection) showing existing utilities (utility
poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal
poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons,
controller cabinet assemblies, signal heads, street lights, detector loops or other
detection systems, conduit, ground boxes, power sources with distribution to
signal service, communications connections, wiring diagrams, pavement
markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole
summary chart, phasing sequence, pole details, pole locations diagram, and all
other items required for the complete construction of the signals.
• Signs and Markings Layout (per intersection)showing existing signs, proposed
signs, existing striping, proposed striping, pavement markings summary chart,
and sign summary chart.
• Sidewalk Ramp Layout(per intersection) showing proposed sidewalk ramp
layouts, CITY standard and special sidewalk ramp details, and sidewalk ramp
quantities.
• Preliminary Opinion of Probable Construction Cost
ASSUMPTIONS
• The plans shall be prepared in accordance with the applicable requirements for
CITY plans, details, specifications, standards, and manuals.
• Existing traffic signal specifications and standards furnished by the CITY will be
used for design plans, unless otherwise requested by the CITY in writing.
These include:
- City of Fort Worth Transportation and Public Works "Traffic Signal Design
Guidelines, November 2008".
ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 4 OF 6
- Example plan set illustrating desired format for each type of plan sheet to be
developed by the Engineer.
Example City standard traffic signal construction details, specifications, and
Contract Documents.
• Record Drawings prepared by others (CITY or representative, TxDOT) and aerial
photography will be used as the basis for any designs associated with the
PROJECT. It is assumed that no Microstation CAD files will be available and all
base files will be recreated from hard copies of record drawings made available
by the CITY.
• The plans, standards and any special specifications will be prepared using
English units.
• All Microstation CAD standards and level symbology will follow CITY
requirements.
• The CITY will provide determination for provision of cable TV drops, vehicle
detection, and Opticom equipment.
• All intersections will be designed to accommodate existing or future pedestrian
activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian
heads to meet ADA requirements as requested by the CITY.
• The ENGINEER will incorporate review comments and submit 90% traffic signal
plans to the CITY(1 —PDF electronic copy submitted through Buzzsaw; up to 2
— 11" x 17" paper copies).
• The ENGINEER will prepare for and attend one (1) review meeting with the CITY
to receive and reach concurrence regarding the 90% traffic signal plan review
comments.
• The ENGINEER will incorporate review comments and submit 99% traffic signal
plans to the CITY(1 — PDF electronic copy submitted through Buzzsaw; up to 2 —
11"x 17" paper copies).
• The ENGINEER will prepare for and attend one (1) review meeting with the CITY
to receive and reach concurrence regarding the 99% review comments.
• The ENGINEER will incorporate review comments and submit FINAL (100%)
traffic signal plans (1 — PDF electronic copy; 3— 11" x 17" paper copies).
• The ENGINEER will prepare and submit the quantity estimates and engineer's
opinion of probable construction cost spreadsheets prepared in Microsoft Excel
for the project intersection.
• The ENGINEER will provide the CITY a CD of the electronic Microstation traffic
signal design files, quantity estimates, and engineer's opinion of probable
construction costs for the project intersection.
DELIVERABLES
A. 90% Traffic Signal Plan Set
ATTACHMENT"A'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 5 OF 6
B. 99% Traffic Signal Plan Set
C. 100% Traffic Signal Plan Set
D. CD of the electronic Microstation traffic signal design plans, quantity estimates, and
engineer's opinion of probably construction costs for the project intersection
Task 3. Construction Phase Services
The ENGINEER will provide professional construction phase services for the subject project
for the purpose of providing assistance to CITY during construction. These services are as
follows:
• The ENGINEER will prepare record drawings following the completion of the
construction based upon information provided by the Contractor and/or CITY(1 — PDF
electronic copy and 1 — Microstation CAD file; 1 — 11" x 17" mylar; 3— 11" x 17" paper
copies).
ASSUMPTIONS
Field adjustments to the traffic signal design will be provided by the CITY and/or Contractor.
DELIVERABLES
A. Record Drawings
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 easements/ROW 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.
ATTACHMENT"A"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 7/27/2009)
PAGE 6 OF 6
ATTACHMENT B
COMPENSATION
Design Services for
Granbury Traffic Signal Design Local Air Quality Project
City Project No. 01532
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $14,800 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.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:5.19.2010
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Savant Group, Inc. $14,800 100%
Proposed M/WBE Sub-Consultants
Non-M/WBE Consultants
TOTAL $14,800 100%
Project Number& Name Total Fee M/WBE Fee MNVBE %
Southside Signal Local Air Quality $14,800 NA NA
Project
City M/WBE Goal = NA Consultant Committed Goal = NA
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:5.19.2010
Page 2 of 3
B-2
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
PMO Official Release Date:5.19.2010
Page 3 of 3
B-3
Professional Services Invoice
Project: Granbury Traffic Signal Design LAQ Project
City Project Mgr: Bill Wynn
City Project#: 01532 ``
City Dept/Division: TPW/Traffic Services PRI1t dae inihs
City Fund/Center: GR74 020203469300 tact % ' €a ►plata,sa�ardtrtee, Band
City Sec Number: ddr; to uRaa►tfgr ®kli�r.
City Purchase Order
Company Name: Savant Group,Inc. Remit Address: ACH Only
Consultant's PM: E-Mail:
Vendor Invoice#: Office Address:
From Date: Telephone:
To Date: Fax:
Description of Work Performed During Reporting Period:
Progress report must be submitted with invoice before invoice can be approved for payment.
Agreement
Agreement Amendment Amount to Previously Current Remaining Percent
Project Tasks Amount Amount Date Invoiced Invoice Budget Complete
1. Project Management $1,089-50 $0.00 $1,089.50 $1,089.50 0.0%
2. Traffic Signal Design $9,23 .50 $0.001 $9,236.501 $9,236.501 0.0%
3. Construction Phase Services 1 $2,000.00 $0.001 $2,000.001 $2000.00 0.0%
Reimbursable Expense4 Expense $2,474.00 $0.001 $2,474.001 1 $2,474.001 0.0%
Totals this Payment Request: $14,800.00 $0.00 $0.00 $14,800.00 0.0%
DRAFT
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Engineering Related Design Services for
Granbury Traffic Signal Design Local Air Quality Project
City Project No. 01532
No modifications to the Standard Agreement for Engineering Services were necessary
for this project.
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 PROJECT requires a Tier 2 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 OLTP)
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
Page 1 of 2
• 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, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
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