HomeMy WebLinkAboutContract 46057 anof SIE-CMAW
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Six Points Urban
Village Street Scape Improvements (City Project No. 00705).
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of$217,925.00 as
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 finalJnVGfi€ .
City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services CITY SECRETARY
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RECEIVED OCT 232014
(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 event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning the results of same. Such surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
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(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.
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
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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.
(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
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f
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. Disadvantaged Business Enterprise (DBE) Participation
Engineer acknowledges the DBE goals established for this contract and its
accepted written commitment to DBE participation from a DBE that is
currently certified in accordance with the Federal regulation 49 CFR, Part 26.
Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Engineer may result in the termination
of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years. The DBE goal established for
this project is 8%.
J. Right to Audit
(1) ENGINEER agrees that the CITY, Federal Highway Administration (FHA),
and Texas Department of Transportation (TxDOT) 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, FHA, and TxDOT 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,
FHA, and TxDOT 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, FHA, and TxDOT 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, FHA, and TxDOT 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, FHA, and
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TxDOT shall give subconsultant reasonable advance notice of intended
audits.
(3) ENGINEER and subconsultant agree to photocopy or provide scanned
electronic copies of such documents as may be requested by the CITY,
FHA, and TxDOT. 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 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.
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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.
(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
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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 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
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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 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.
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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.
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(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section 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.
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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 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;
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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.
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.
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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 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.
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PMO Official Release Date:1128/2013
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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 g day of ot4 , 201 .
BY: BY:
CITY OF FORT WORTH ENGINEER
Freese
and Nichols, Inc.
Fernando Costa Costa Chris Bosco, P.E.
Assistant City Manager Principal
Date:T� Date: 7- 3o - /y
APPandleHell RE MMEN D:
By:
o
Direct or, Panning and Development
APPROVED AS TO FORM AND M&C No.:
LEGALITY
By. M&C Date: 10--I q-l4
Dou s lack
Assistant City Attorney
x _
OF P®
ATT ST: CAB 0 0
l o0
Mary J. Kayser - p
City Secretary °
` ° ° [FT.ICIAL RECORD
City of Fort Worth,Texas T
Standard Agreement for Engineering Related Design Services SECRETARY
PMO Official Release Date:1/2812013 �®RTRr T�
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ATTACHMENT "A"
Scope for Engineering Desiqn Related Services for Street 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 Six Points Urban Village Streetscape is located along Race Street between Sylvania
Avenue and the intersection of North Riverside Drive and East Belknap Street("Six Points
Intersection'). The objective of this project is to construct capital improvements that promote
compact, mixed residential and commercial uses that create a pedestrian-friendly
environment. Pedestrian-friendly improvements to be considered for construction include
but are not limited to the following:pedestrian scale street lighting, sidewalks, crosswalks,
Americans with Disabilities (ADA) improvements, street trees and landscaping, trash bids,
bike racks, benches, transit enhancements and way-finding signs. Race Street will be
considered for modification to better accommodate vehicular parking and bicyclists.
Design and Construction Standards for the project shall be in compliance with the Texas
Department of Transportation and Federal Highway Administration guidelines.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Permitting
Task 10. Additional Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
Page 1 of 19
• Task and allocate team resources
1.2. Communications and Reporting
• Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and ensure economical and functional
designs that meet CITY requirements
• Conduct and document monthly project update meetings with CITY Project Manager
• Conduct review meetings with the CITY at the end of each design phase
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
• Complete Monthly DBE Report Form and Final Summary Payment Report Form at
the end of the project
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare the
design
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• 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.
• The ENGINEER shall prepare a decision log which documents and records key
project decisions throughout the project.
• Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
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PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Attachment"A" 30%Project Plans 60%Project Plans 90%Project Plans 95%Project Plans 100%Project Plans
&Proposal &Proposal &Proposal &Proposal &Proposal
Type Document Document Document Document Document
City Departments:
Planning and
Development& X X X X X
Storm Water&
Parks and
Recreation&
Transportation
and Public Works
TxDOT X X X X X
Franchise Utility
Companies X X X X
ASSUMPTIONS
• 10 project coordination meetings are included in the scope of services
• A maximum of 2 bid alternates may be included in the bid proposal
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative included in the monthly report
describing any current or anticipated schedule changes
F. Monthly DBE Report Form and Final Summary Payment Report Form
G. Plan and Proposal Submittals ( See Task 1 — Plan Submittal Checklist
Requirements Table)
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY and TxDOT 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 and TxDOT's
endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows:
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
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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.
2.2. Subsurface Utility Engineering
• Provide Subsurface Utility Engineering (SUE) per Task 8.
2.3. The Conceptual Design Package shall include the following:
• (Goth lot (2) pFejent site visits to ebsenie the existing GeRdition (Under separate
contract)
• Existing typical sections of the roadway to be constructed along with proposed
typical sections which outline the proposed improvements. Typical sections shall
include existing and proposed ROW, existing and proposed lane widths and
direction arrows, existing and proposed curbs, sidewalks, and retaining walls.
• Traffic Control Plan showing general phasing and lane closures.
• 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
(e.g. 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).
• Conceptual Streetscape design sheets will be prepared and will include landscape
plantings, paving enhancements, and decorative monuments/walls. These plans
will not include dimensioning control for the location of these elements
• Roadway plaH sheets displaying statieRipg(Under separate contract)
and for use of n61blin meeting exhibits (Under separate contract)
• Estimate of probable oenstn lotion „e61t. (Under separate contract)
• Meet with key stakeholders one on one to discuss future vision and planning
concept for area (up to 4 meetings) (Two (2) meetings included in separate
contract)
• Prepare a planning level GGHGept and vi-sie—n -h-a-sed en future land i4se and
from Lev stakeholdders and city planning staff. (Under separate contract)
• Drainage study to evaluate the existing drainage conditions on the site.
Evaluation will include spread of water(inlet capacity) and pipe capacity of
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
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receiving storm drain. The purpose of the study is to determine whether
drainage improvements are warranted as part of the project. FNI will also
analyze up to three (3) drainage improvement alternatives.
2.4. The utility management shall include the following:
• Attend and conduct franchise utility meetings for the Six Points Urban Village
Streetscape Improvements project (up to 2 meetings) (One (1) meeting
included in separate contract)
• Documentation of key design decisions.
2.5. Public Involvement:
• 411 vuil► develop a n6lblin in„n►„omont plan feF pity appFeyal. (Under separate
contract)
• FNI will prepare up to two proposed artist renderings showing the proposed
improvements for use at the public meetings.
• FNI will coordinate the following tasks for each Citizen Advisory Committee
Meeting (2 Meetings).
a. Work with team to develop key messages
b. Research neighborhood associations for Citizen Advisory Committee
c. Attendance at the one (2) citizen advisory committee meeting and two
(2) general public meetings
i. Coordinate and confirm meeting locations for meetings.
ii. Contact citizen advisory committee members to confirm
attendance.
iii. Send out meeting reminders to meeting.
iv. Prepare name tags and room directional signage for meetings.
V. Handle meeting logistics and registration/sign-in.
d. n
Mais, ; oftzefl AdvTseny QA.M.rPA ttee stakeholder list database
(Under separate contract)
ASSUMPTIONS
• 3 plots of the project Schematic Design Layout will be submitted with the
conceptual deliverables.
• An electronic copy of the project Schematic Design Layout will be submitted as a
PDF file and upload to Buzzsaw.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
Page 5 of 19
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
• All storm water calculations shall conform to the City of Fort Worth iSWM Criteria
Manual for Site Development and Construction.
DELIVERABLES
A. Conceptual Schematic Design Package (Hard copy and electronic file as a PDF)
B. Existing Drainage Conditions Study(Hard copy and electronic file as a PDF)
C. Artist renderings showing the proposed concept (Hard copy and electronic file as
a PDF)
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY and TxDOT per the
approved Project Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Traffic Control Plan updated to reflect any changes as a result of the conceptual
design submittal while also including all construction signage and pavement
markings which will be in accordance with the latest edition of the Texas Manual
on Uniform Traffic Control Devices.
• 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
(e.g. 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).
• Streetscape design (hardscape and softscape design) sheets will be prepared and
will include landscape plantings, landscape irrigation, site furnishings, paving
enhancements, and decorative monuments/walls. These plans will also include
dimensioning control for the location of these elements.
• The Pedestrian lighting plans will extend along Race Street from Sylvania Avenue
to Riverside Drive/E. Belknap Street. including preparation of pedestrian lighting
plans including electrical service locations, conduit locations, pedestrian light
locations, and foundation details.
• Updated existing and proposed typical section sheets.
• Updated roadway plan sheets displaying station and coordinate data for all
horizontal curb modifications
• No less than two bench marks per plan sheet.
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• Bearings given on all proposed centerlines, or baselines.
• Preparation of demolition plans
• Preliminary roadway details to include curbs, curb expansion joints, driveways,
sidewalks, and pavement details.
• Preliminary signing, pavement marking, illumination and signal layouts.
3.2. Geotechnical Investigation
• Soil investigations, including field tests, borings, related engineering analysis and
recommendations for determining soil conditions necessary to design the
foundations for the pedestrian light poles will be made.
• The ENGINEER shall prepare a memorandum summary report of the
geotechnical investigation.
• Drill a total of 2 borings to a depth of 15 feet each at the selected locations. Samples
will be collected intermittently using continuous flight augers and either split-spoon or
tube samplers or tested using a TxDOT Cone Penetration Test, as appropriate for the
material. The borings will be drilled through the pavement so that pavement thickness
measurements can be made. At completion,the boreholes will be backfilled with auger
cuttings and the pavement surface patched with concrete.
3.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.4. Public Involvement:
• After the conceptual design package has been reviewed and approved by the
CITY, the ENGINEER shall prepare project exhibits, and attend public meeting
no. 1 to help explain the proposed project to residents. The CITY shall select a
suitable location, prepare and mail the invitation letters to the affected customers.
• Prior to the bidding the project the ENGINEER shall prepare project exhibits, and
attend preconstruction public meeting no. 2 to help explain the proposed project
to residents. The CITY shall select a suitable location, prepare and mail the
invitation letters to the affected customers.
3.5. Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities, private utilities and government agencies to determine the
approximate location of above and underground utilities, and other facilities
(current and future) that have an impact or influence on the project. ENGINEER
will design CITY facilities to avoid or minimize conflicts with existing utilities, and
where known and possible consider potential future utilities in designs.
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PMO Release Date:07.23.2012
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• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Buzzsaw for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
ASSUMPTIONS
• Design of a new drainage system is not included in this scope.
• 6 sets of 11x17 size plans will be delivered for the 60% design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• 6 sets of half size drawings will be delivered for Utility Clearance.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
• Pavement Design is not included in this scope.
• Laboratory testing is not included in this scope.
• The CITY's front end and technical specifications will be used with modifications
necessary to meet TxDOT requirements. The ENGINEER shall supplement the
technical specifications if needed.
DELIVERABLES
A. Preliminary Design drawings and specifications (Hard Copy and Electronic file as
a PFD)
B. Utility Clearance drawings (Hard Copy and Electronic file as a PDF)
C. Geotechnical Memorandum (Hard Copy and Electronic file as a PDF)
D. Estimates of probable construction cost (Hard Copy and Electronic file as a PDF)
E. Public Meeting exhibits (Hard Copy and Electronic file as a PDF)
TASK 4. PRE-FINAL DESIGN (90 PERCENT), FINAL DESIGN (95 PERCENT) AND
FINAL CONSTRUCTION DOCUMENTS (100 PERCENT).
• Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• Pre-Final draft construction plans (90%) and specifications shall be submitted to CITY
and TxDOT per the approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (95%) to the CITY and TxDOT per the approved Project Schedule.
• Following a 95% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Construction Documents (100%) to the CITY and TxDOT per the approved
City of Fort Worth,Texas
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Project Schedule. Each plan sheet shall be stamped, dated, and signed by the
ENGINEER registered in State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use standard and project
specific TxDOT bid items.
ASSUMPTIONS
• 6 sets of 11x17 size drawings and 6 specifications will be delivered for the 90% Design
package.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 6 sets of 11x17 size drawings and 6 specifications will be delivered for the 95% Design
package.
• A DWF file for the 95% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 4 sets of 11x17 size drawings and 4 specifications will be delivered for the 100% Design
package.
• A DWF file for the 100 % Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
DELIVERABLES
A. 90% construction plans and specifications. (Hard Copy and Electronic file as a PDF)
B. 95% construction plans and specifications. (Hard Copy and Electronic file as a PDF)
C. 100% construction plans and specifications. (Hard Copy and Electronic file as a PDF)
D. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the TxDOT's standard and project specific bid items and format. (Hard
Copy and Electronic file as a PDF)
E. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing TxDOT bid item
codes and combined in a spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
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complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets. The city's standard proposal form will be modified to
meet the TxDOT's requirements.
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders list on
Buzzsaw from documents sold and from Contractor's uploaded Plan Holder
Registrations in Buzzsaw.
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Buzzsaw folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation is to be uploaded into the project's Bid Responses folder on Buzzsaw.
• Incorporate all addenda into the contract documents and issue conformed sets.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• 20 sets of 11 x1 7 construction documents will be sold to and made available on
Buzzsaw for plan holders and/or given to plan viewing rooms.
• 12 sets of 11 x1 7 size plans and specifications (conformed, if applicable) will be
delivered to the CITY.
• PDF and DWF files will be uploaded to Buzzsaw.
City of Fort Worth,Texas
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PMO Release Dale:07.212012
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DELIVERABLES
A. Addenda
B. Bid tabulations
C. Recommendation of award
D. Construction documents (conformed, if applicable) (Hard Copy and Electronic file
as a PDF)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress for up to 10 site visits.
• 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 Buzzsaw.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
• The ENGINEER shall attend the"Final" project walk through and assist with
preparation of final punch list.
• FNI will endeavor to protect CITY in providing these services however, it is
understood that FNI does not guarantee the Contractor's performance, nor is FNI
responsible for supervision of the Contractor's operation and employees. FNI
shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the Contractor, or any safety precautions
and programs relating in any way to the condition of the premises, the work of the
Contractor or any Subcontractor. FNI shall not be responsible for the acts or
omissions of any person (except its own employees or agents) at the Project site
or otherwise performing any of the work of the Project.
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6.2 Record Drawings
• The ENGINEER shall prepare record drawings from information submitted by the
inspector and/or Contractor. The drawings shall be submitted as full size (22" x
34") mylar drawings.
• The ENGINEER shall submit a set of sealed conformed mylar drawings for record
storage.
• Record Drawings shall also be submitted as an Adobe Acrobat PDF format(version
6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF
file for the TPW plan set. Each PDF and DWF file shall contain all associated sheets of
the particular plan set. Singular PDF and DWF files for each sheet of a plan set will
not be accepted. PDF and DWF files shall conform to naming conventions as follows:
1. TPW file name example — "W-1956—org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "—org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053—org3.pdf and K-0320—org5.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawing folder
in Buzzsaw.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number(817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• 10 site visits are assumed.
• 10 submittal reviews are assumed.
• Engineer will respond to all RFI's (Request for Information) that are determined
to need engineer's input due to errors and/or omissions in the contract
documents.
• Engineer will assist Owner on all Change Orders due to errors and omissions in
the contract documents.
DELIVERABLES
A. Public meeting exhibits (Hard Copy and Electronic file as a PDF)
B. Response to Contractor's Request for Information
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
City of Fort Worth,Texas
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PMO Release Date:07.23.2012
Page 12 of 19
F. Record Drawings
G. Revised plans due to Request for Information or Change Order.
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• The ENGINEER shall determine rights-of-way, easements needs for construction
of the project. Required temporary and permanent easements will be identified
based on available information and recommendations will be made for approval
by the CITY. (Included in Separate Contract)
7.2. Right-of-Way/Easement Preparation and Submittal.
• The ENGINEER shall prepare documents to be used to obtain a right-of-way
instrument and permanent and/or temporary easements instruments required to
construct the improvements. This task is included as an additional services.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary
Right of Entries from landowners. It is assumed that letters will only be required
for land owners adjacent to temporary construction easements or who are
directly affected by the project and no easement is required to enter their
property.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
• Right-of-Way research includes review of property/right-of-way records based on
current internet based Tarrant Appraisal District (TAD) information available at
the start of the project and available on-ground property information (i.e. iron
rods, fences, stakes, etc.). It does not include effort for chain of title research,
parent track research, additional research for easements not included in the
TAD, right-of-way takings, easement vacations and abandonments, right-of-way
vacations, and street closures.
• One (1) ROW Instrument is included in this scope of services.
• Five (5) Easement Instruments are included in this scope of services.
DELIVERABLES
A. Temporary Right of Entry Letters
B. One (1) Right-of-Way Instruments
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C. Five (5) Easement Instruments
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
• ENGINEER will perform field surveys to collect horizontal and vertical elevations
and other information needed by ENGINEER in design and preparation of plans
for the project. Information gathered during the survey shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper for trees over 6" in
diameter at 3 ft above ground, and identify overall canopy), and other features
relevant to the final plan sheets. Existing drainage at intersections will be verified
by field surveys.
• The minimum survey information to be provided on the plans shall include the
following:
— A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c. Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall prepare, mail and obtain
Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
8.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE)to Quality Level D and C as described
below. The SUE shall be performed in accordance with Cl/ASCE 38-02.
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Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that
may have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved
utilities.
• Review records for: evidence or indication of additional available records;
duplicate or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as
required. Exercise professional judgment to resolve conflicting information. For
information depicted, indicate: utility type and ownership; date of depiction;
quality level(s); end points of any utility data; line status (e.g., active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems, if such features
have not already been surveyed by a professional surveyor. If previously
surveyed, check survey data for accuracy and completeness.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to
reflect the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with
utility owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide
the overhead utility information on the SUE plan sheets.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 15 of 19
ASSUMPTIONS
• Level "A" SUE will be performed at specific locations identified as potential
conflict locations based on Level "C" and "D" SUE data. Level "B" is not included
in this scope of services. This scope of services includes Level "A" SUE at 4
locations.
• Level "D" and "C" SUE will be included as part of topographic survey.
DELIVERABLES
A. Copies of surveyor's field survey data and notes.
B. Drawing of the project layout with dimensions and coordinate list.
8.4. Construction Survey
• Be available to the CITY on matters concerning the layout of the project during its
construction
• ENGINEER will set control points (i.e. tie survey to permanent monument such
as TPW monuments and/or property corners, one location each at beginning and
end of project) for the project, these points must be indivisible. Streets over 500 ft
in length or streets on curves may require a greater density of control points to
maintain intervisibility between each point. ENGINEER shall establish a minimum
of two bench marks per plan sheet
ASSUMPTIONS
• The ENGINEER will make 5 field visits related to matters concerning the layout
of the project during its construction.
DELIVERABLES
C. Copies of field survey data and notes signed and sealed by a licensed surveyor.
D. Drawing of the project layout with dimensions and coordinate list.
E. SUE plan drawings sealed by a professional engineer registered in the State of
Texas.
TASK 9. PERMITTING.
ENGINEER will provide permitting support for the CITY to obtain any and all agreements
and/or permits normally required for a project of this size and type, as follows.
9.1. Storm Water Pollution Prevention Plan
• For projects that disturb an area greater than one (1) acre, ENGINEER will
prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the
Project for use by the Contractor during construction. ENGINEER will prepare
drawings and details for proposed SWPPP improvement that the Contractor must
use during construction. Contractor will be responsible for filing the SWPPP with
appropriate regulatory agencies.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 16 of 19
9.2. Environmental Services
• Since this project includes Federal Funding environmental documentation is
required to be submitted for review and approval by TxDOT. TxDOT's process
requires a Project Scope for Environmental Review Document to be submitted
and approved prior to determining the required environmental document for a
specific project.
• Prior to making a field visit, FNI will obtain and review information for the project
vicinity such as soils maps, National Wetland Inventory maps, topographic maps,
floodplain maps, and other readily available, pertinent data. This information will
be evaluated to guide the pedestrian survey and prepare the Environmental
Scoping documents and Risk Assessment. FNI will conduct a pedestrian survey
of the project area to identify readily observable environmental issues that may
be present. The survey will include photographs of issues noted and
representative photos of the project area.
• FNI will attend a meeting with TxDOT Fort Worth District staff and prepare all
necessary TxDOT forms including the Scoping Document, Environmental
Information Request Form, and Risk Assessment required to determine/confirm
the scope of the environmental documentation.
• All the information gathered above and other project data will be used to prepare
a Categorical Exclusion for the proposed project. FNI assumes that the required
document will consist of a (c) list CE. The preparation of any other level
environmental document is not included in this scope of services. FNI will submit
the CE for review by TxDOT Fort Worth District. Upon receipt of comments, FNI
will make any required revisions. Documents anticipated for preparation of the
CE include an Archeological Background Study, Historical Study, Initial Site
Assessment, Texas Parks and Wildlife Department Analysis Form and Site
Assessment, Socioeconomics Technical Report. The City of Fort Worth will
provide to FNI electronic copies of all pertinent documentation, including agency
correspondence, for use in this CE.
• Submitting forms/applications for CITY review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.4. Texas Department of Transportation (TxDOT) Permit at US 377 (If necessary)
• Completing all forms/applications necessary.
• Submitting forms/applications for CITY and TOOT review
• Submitting revised forms for agency review
• Responding to agency comments and requests
9.5. Texas Department of Licensing and Regulation (TDLR)
• Identify and analyze the requirements of the Texas Architectural Barriers Act,
Chapter 68 Texas Administrative Code, and become familiar with the
governmental authorities having jurisdiction to approve the design of the Project.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 17 of 19
• Submit construction documents to the TDLR
• Completing all TDLR forms/applications necessary
• Obtain the Notice of Substantial Compliance from the TDLR
• Request an inspection from TDLR or a TDLR locally approved Registered
Accessibility Specialist no later than 30 calendar days after construction
substantial completion as defined in the contract documents. Advise the CITY in
writing of the results of the inspection.
• Responding to agency comments and requests
ASSUMPTIONS
• Permit preparation will begin after approval of the Conceptual Design.
• FNI assumes that no environmental public involvement support will be required
for this project.
• No historical or archeological surveys will be performed under this scope of
services.
• FNI assumes that a Water Resources Technical Report, Biological Resources
Technical Report and Air Quality Technical Report will not be required.
• FNI assumes no public hearing will be required.
• FNI assumes that no archeological or historic structures surveys, field
delineations of waters of the US, or surveys for hazardous materials will be
required to complete this document.
• FNI assumes that no presence/absence survey for state or federal threatened or
endangered species or any species of concern, that no waters of the U. S. are
present in the project area and therefore, any permit related activities are not
required, that there are no cultural resource surveys required, and that no noise
modeling, quantitative air quality analysis is required, or formal agency
coordination is required. If any of these assumptions are not met, the scope and
cost will be amended to account for additional incurred effort and expense.
DELIVERABLES
A. TxDOT Access Permit
B. Project Scope for Environmental Review Documents
C. Categorical Exclusion (Level C-list) environmental document
TASK 10. ADDITIONAL SERVICES
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
10.1 Additional Design Survey
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 18 of 19
• Following conceptual design Freese and Nichols will notify the City of any
additional survey needs and request in written approval to authorize additional
survey as required to proceed with preliminary and final design.
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 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
• Construction survey staking
• 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.
• Traffic Signal Improvements
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 19 of 19
ATTACHMENT B
COMPENSATION
Design Services for
Six Points Urban Village Streetscape Improvements
City Project No. 00705
Lump Sum Project
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $217,925.00 as
summarized in Attachment B — 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 Attachment B, 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.
Ill. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Planning and Development Department monthly progress reports and schedules
in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Freese and Nichols, Design and Management $183,800.00 84.3%
Inc.
Proposed DBE Sub-Consultants
Spooner&Associates Land Surveying $22,780.00 10.5%
Lamb-Star Engineering, Subsurface Utility Engineering $5,850.00 2.7%
L.P.
Non-DBE Consultants
James Pole Irrigation Irrigation Design $2,000.00 0.9%
Sterling Illustration Artist Illustrations $1,600.00 0.7%
K&K Associates, LLP TDLR Review& Inspection $955.00 0.5%
TotalDepth Drilling for Geotechnical Boring $940.00 0.4%
TOTAL $217,925.00 100%
Project Number& Name Total Fee DBE Fee DBE %
Six Points Urban Village $217,925.00 $28,630.00 13.2%
Streetsca e Improvements
Lamb-Star Engineering, L.P. and Spooner&Associates are DBE Certified sub-consultants.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
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 8
PMO Official Release Date:8.09.2012
Page 3 of 3
B-3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Six Points Urban Village Streetscape Improvements
City Project No. 00705
NONE
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of I
Consulting Contract Schedule Specifications FORT WORTH
City of Fort Worth Capital Improvement Program
Attachment D—Project Schedule
This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance
Document.
D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
— Primavera(Version 6.1 or later or approved by CITY)
— Primavera Contractor (Version 6.1 or later or approved by CITY)
— Microsoft Project(Version 2003/2007 or later or approved by CITY)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments,if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks,subtasks,and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities,key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points,including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Pagel of 2
• 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. 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
Attachment E
Six Points Urban Village Streetscape Improvements
City Project No.00705
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Project Location
Race Street
From Sylvania Ave
To Riverside Dr/E. Belknap Dr(US 377)
City Project No. 00705
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