HomeMy WebLinkAboutContract 46411 CITY ScCRErAW l 1
CWRACT 110.
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 Kimley-Horn and Associates, Inc. authorized to do business
in Texas, (the "ENGINEER"), for a PROJECT generally described as: Upper Clear Fork
Drainage Basin Parallel Interceptor Improvements at Various Locations within the Upper
Clear Fork Drainage Basin.
Article I
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*97,702.00 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 final invoice.
City of Fort worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 1 of 16 CITY SECRETARY
RECEIVED FEB 12 2015 FT. WOE' TX
(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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
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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.
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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
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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.
(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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
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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 Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
City of Fort Worth,Texas
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Revised Date: 12/11/2014
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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 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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
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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.
(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.
City of Fort Worth,Texas
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Revised Date:12/11/2014
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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 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.
City of Fort Worth,Texas
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Revised Date: 12/11/2014
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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 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
City of Fort Worth,Texas
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Revised Date:12/11/2014
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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.
City of Fort Worth,Texas
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Revised Date:12/11/2014
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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.
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
City of Fort Worth,Texas
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Revised Date:1 211 11201 4
Page 11 of 16
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section 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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
Page 12 of 16
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,
City of Fort Worth,Texas
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Revised Date: 12/11/2014
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b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services,-
C.)
ervices;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.
City of Fort Worth,Texas
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Revised Date:12/11/2014
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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.
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
City of Fort Worth.Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 15 of 16
Attachment E - Location Map
Executed and effective this the)_)� day of*2015.
BY: BY:
CITY OF FORT WORTH ENGINEER
Kimley-Horn and Associates, Inc.
Fernando Costa Glenn A. Gary, P. E.
Assistant Cit//y Manager Senior Vice President
Date: Z�//rte Date: � ' S_ 0/. s
APPROVAL RECOMMENDED:
By
L221(/
Andrew 7 Cronberg, P. E.
Interim Director, Water Depa e t
APPROVED AS TO FORM AND M&C No.: C-27174
LEGALITY
M&C Date: February 3, 2015
By:
Do gas W. Black
Assistant City Attorney
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City Secr r
City of Fort Worth,Texas C OMRECORD
Standard Agreement For Engineering Related Design Services V RGV
Revised Date:12111/2014 C�SECRETARY
Page 16 of 16
FT.WORTH,TX
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
ATTACHMENT A
Scope for Engineering Design Related Services for Sanitary Sewer Improvements
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.: 02448
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.
The objective of this project is to rehabilitate and/or replace portions of the following mains
as identified in the Interceptor Condition Assessment Program (ICAP). Utilizing the ICAP
results approximately 13,000 linear feet of main will be evaluated to determine the
appropriate construction method used for rehabilitation or replacement. A corridor analysis
is also included (as recommended by the Wastewater Master Plan (WWMP))to determine if
master plan recommendations can be incorporated into the project, providing a long term
cost effective solution.
Project Year Length Begin End Size
No. Main Builtfeet
( ) (Sta.
) (Sta.) (inch)
1 M-272D 1965 115 218+85 220+00 48
2 M-272D 1964 183 223+30 225+13 48
3 M-134 1927 438 127+00 131+38 27
4 M-134 1927 1,306 71+73 84+79 24
5 M-439 1984 1,027 162+39 172+66 48
6 M-272C 1960 1,774 91+12 108+86 48
7 M-272D 1962 1,798 136+36 154+54 48
8 M-272B 1960 2,321 23+19 46+40 54
9 M-439 1984 1,300 83+00 96+00 54
10 M-439 1984 1,432 53+00 67+32 54
11 M-C-1-W-7 1927 926 46+49 55+75 27
12 M-439 1984 100 50+50 51+50 54
13 M-439 1984 70 48+70 49+40 54
Total 12,790
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Upper Clear Fork Part 1(WWMP Project 6) Conceptual Design (30-Percent)
Task 3. Upper Clear Fork Part 2(WWMP Project 8) Conceptual Design (30-Percent)
Task 4. ICAP Conceptual Design (30-Percent)
Task 5. ICAP Preliminary Design (60-Percent)
Task 6. Final Design
Task 7. Bid Phase Services
Task 8. Construction Phase Services
Task 9. ROW/Easement Services
Task 10. Survey Services
Task 11. Permitting Services
TASK 1. DESIGN MANAGEMENT
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
• ENGINEER shall 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
• 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 review meetings (one meeting every other week) with the CITY during
the design phase.
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the Water
Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 2 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
Standard Agreement and according to the City of Fort Worth's Schedule
Guidance Document.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report
Form at the end of the project.
• Coordinate with other agencies and entities as necessary for the design of the
proposed infrastructure, and provide and obtain information needed to prepare
the design.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements
are appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to
meet their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-consultants shall carry readily visible
information identifying the name of the company and the company
representative.
ASSUMPTIONS
• 12 MWBE reports will be prepared
• 24 meetings with city staff
12 monthly water department progress reports will be prepared
12 monthly project schedule updates will be prepared
DELIVERABLES
• Meeting summaries with action items
• Monthly invoices
• Monthly progress reports
• Baseline design schedule
• Monthly schedule updates with schedule narrative describing any current or anticipated
schedule changes
• Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. UPPER CLEAR FORK PART 1 (WWMP PROJECT 6) CONCEPTUAL DESIGN
(30-PERCENT)
The Wastewater Master Plan identifies a capacity improvement project within the project
limits:
Project 6 — M272 Replacement Interceptor in the Clear Fork Basin
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
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ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
Building all or portions of these projects may be a cost effective solution to
rehabilitating portions of M-272, M-439 and M-134, and improving system capacity.
The ENGINEER will perform analysis evaluating options for constructing the main
through the corridor.
2.1. Data Collection
• The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies (TxDOT
and railroads), City Master Plans, and property ownership as available from the
Tax Assessor's office.
2.2. Communication with City Staff
• Prepare for and attend up to two (2) analysis project meetings with CITY staff to
confirm and clarify scope, understand CITY objectives, and ensure economical
and functional designs that meet CITY requirements.
• Prepare for and attend up to two (2) corridor analysis draft review meetings with
CITY staff to review study results.
2.3. Alignment Alternatives
• The ENGINEER will evaluate three alignment alternatives that consider or
coordinate with the following:
o Wastewater Master Plan
o Fort Worth Parks and Community Services Department (PACSD)
o Texas Department of Transportation (TxDOT)
o North Texas Tollway Authority (NTTA)
o US Army Corps of Engineers (USACE)
o Tarrant Regional Water District (TRWD)
• In the ENGINEER'S evaluation of the alignment alternatives the following
elements will be considered in a decision matrix:
o Probable construction cost
o Surface restoration
o Age and condition of existing sanitary sewer mains
o Coordination/Permitting
o Accessibility for maintenance
o Obstructions (non-utility)
o Conflicts with other utilities
o Constructability and construction type
o Business/Neighborhood disruption
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 4 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
o Schedule
2.4. The ENGINEER will prepare a report outlining the impacts of the above
considerations. The report will include:
• Introduction
• Evaluation Criteria
• Summary of alternatives: Decision matrix
• Exhibits: The exhibit will contain: alignment alternatives and recommended
alignment, approximate property boundaries, significant routing features along
the proposed routes. The exhibit will be prepared with an aerial photograph,
provided by the City as the base.
• Recommendation and Opinion of probable construction cost
2.5. The ENGINEER will schedule constructability and routing visit with the CITY Project
Manager to review the proposed alignments. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information in writing to the
CITY.
ASSUMPTIONS
• 2 copies of the conceptual design package (30% design) will be delivered. Report shall
be letter sized and comb- bound with a clear plastic cover. Drawings will be 11x17size
fold outs bound in the report.
• DWF files created from design CAD drawings will be uploaded to the designated project
folder in Buzzsaw.
• ENGINEER shall prepare the meeting notes of the Concept Review meeting and revise
the report, if needed.
ENGINEER shall not proceed with Preliminary Design activities without obtaining written
approval by the CITY of the Conceptual Design Package
DELIVERABLES
• One pdf copy and two hard copies of the draft report
• One pdf copy and two hard copies of the final report
• One pdf copy and two hard copies of the Clear Fork Part 1 Conceptual Design Package
o Exhibits and Summary
o Schematic Design (10 Sheets)
o OPCC
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 5 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
TASK 3. UPPER CLEAR FORK PART 2 (WWNIP PROJECT 8) CONCEPTUAL DESIGN
(30-PERCENT)
The Wastewater Master Plan identifies a capacity improvement project within the project
limits:
Project 8 — M272 Replacement Interceptor in the Clear Fork Basin
Building all or portions of these projects may be a cost effective solution to
rehabilitating portions of M-272, M-439 and M-134, and improving system capacity.
The ENGINEER will perform analysis evaluating options for constructing the main
through the corridor.
3.1. Data Collection
• The ENGINEER will also identify and seek to obtain data for existing conditions
that may impact the project including but not limited to; utilities, agencies (TxDOT
and railroads), City Master Plans, and property ownership as available from the
Tax Assessor's office.
3.2. Communication with City Staff
• Prepare for and attend up to two (2) analysis project meetings with CITY staff to
confirm and clarify scope, understand CITY objectives, and ensure economical
and functional designs that meet CITY requirements.
• Prepare for and attend up to two (2) corridor analysis draft review meetings with
CITY staff to review study results.
3.3. Alignment Alternatives
• The ENGINEER will evaluate three alignment alternatives that consider or
coordinate with the following:
o Wastewater Master Plan
o Union Pacific Railroad (UPRR)
o Commercial Businesses along Rogers Rd and Riverfront Dr
o Texas Department of Transportation (TxDOT)
o North Texas Tollway Authority (NTTA)
o US Army Corps of Engineers (USACE)
o Tarrant Regional Water District (TRWD)
• In the ENGINEER'S evaluation of the alignment alternatives the following
elements will be considered in a decision matrix:
o Probable construction cost
o Surface restoration
o Age and condition of existing sanitary sewer mains
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 6 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
o Coordination/Permitting
o Accessibility for maintenance
o Obstructions (non-utility)
o Conflicts with other utilities
o Constructability and construction type
o Business/Neighborhood disruption
o Schedule
3.4. The ENGINEER will prepare a report outlining the impacts of the above
considerations. The report will include:
• Introduction
• Evaluation Criteria
• Summary of alternatives: Decision matrix
• Exhibits: The exhibit will contain: alignment alternatives and recommended
alignment, approximate property boundaries, significant routing features along
the proposed routes. The exhibit will be prepared with an aerial photograph,
provided by the City as the base.
• Recommendation and Opinion of probable construction cost
3.5. The ENGINEER will schedule constructability and routing visit with the CITY Project
Manager to review the proposed alignments. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information in writing to the
CITY.
ASSUMPTIONS
• 5 copies of the conceptual design package (30% design) will be delivered. Report shall
be letter sized and comb- bound with a clear plastic cover. Drawings will be 11x17size
fold outs bound in the report.
• DWF files created from design CAD drawings will be uploaded to the designated project
folder in Buzzsaw.
• ENGINEER shall prepare the meeting notes of the Concept Review meeting and revise
the report, if needed.
ENGINEER shall not proceed with Preliminary Design activities without obtaining written
approval by the CITY of the Conceptual Design Package
DELIVERABLES
• One pdf copy and two hard copies of the draft report
• One pdf copy and two hard copies of the final report
• Clear Fork Part 2 Conceptual Design Package
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 7 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
o Exhibits and Summary
o Schematic Design (10 Sheets)
o OPCC
TASK 4. ICAP CONCEPTUAL DESIGN (30-Percent)
The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The
purpose of the conceptual design is for the ENGINEER to:
• Study the project,
• Identify and develop alternatives that enhance the system,
• Present (through the defined deliverables) these alternatives to the CITY
• Recommend the alternatives that successfully addresses the design problem,
and
• Obtain the CITY's endorsement of this concept.
ENGINEER will develop the conceptual design of the infrastructure as follows:
4.1. Data Collection
• Survey Sub Coordination and Review(See Task 10)
• SUE Sub Coordination and Review (See Task 10)
• Tree Survey
• Field Ops Coordination
• Site Visits (10 Locations)
4.2. ICAP Data Analysis - Evaluate Report Data and Prioritize with Masterplan for each
location (10 Segments)
• Evaluate Rehabilitation Options
• Prepare Rehabilitation Tech Memo - Indicating rehabilitation type and timeline for
each segment based on condition and location in basin
4.3. ICAP Conceptual Design Package
• Cover Sheet
• Exhibits and Summary
o Cleanup Survey
o Schematic Design (10 Sheets)
• OPCC
• Deliverables
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 8 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
ASSUMPTIONS
• 2 copies of the conceptual design package (30% design) will be delivered. Report shall
be letter sized and comb- bound with a clear plastic cover. Drawings will be 11 x17size
fold outs bound in the report.
• DWF files created from design CAD drawings will be uploaded to the designated project
folder in Buzzsaw.
• ENGINEER shall prepare the meeting notes of the Concept Review meeting and revise
the report, if needed.
ENGINEER shall not proceed with Preliminary Design activities without obtaining written
approval by the CITY of the Conceptual Design Package
DELIVERABLES
• One pdf copy and two hard copies of the draft report
• One pdf copy and two hard copies of the final report
• One pdf copy and two hard copies of the ICAP Clear Fork Conceptual Design Package
o Exhibits and Summary
o Schematic Design (10 Sheets)
o OPCC
TASK 5. ICAP PRELIMINARY DESIGN (60 Percent)
5.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation
or replacement that are not already included in the CITY's specifications. These may
include connection details between various parts of the project, tunneling details,
boring and jacking details, waterline relocations, details unique to the construction of
the project, trenchless details, and special service lateral reconnections.
• Cover
• Overall Layout Sheets (4 Sheets)
o A Project Control Sheet, showing all Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400. The following
information shall be indicated for each Control Point: Identified (existing City
Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an
identified coordinate system, and a referred bearing base. Z coordinate on City
Datum only; descriptive location (i.e. set in the centerline of the inlet in the East
curb line of University Drive at the South end of radius at the Southeast corner
of University Drive and W. Vickery Blvd.).
o Overall project easement layout sheet(s) with property owner information.
City of Fort Worth,Texas
Attachment A
PMO Release Dale:07.23.2012
Page 9 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
o Overall prolect sanitary sewer layout sheets. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
o Overall water and/or sanitary sewer abandonment sheet.
o Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings,
etc., in the same coordinate system as the Control Points.
o Bench marks per 1,000 ft of plan/profile sheet—two or more.
o Bearings given on all proposed centerlines, or baselines.
o Station equations relating utilities to paving, when appropriate.
o Plan and profile sheets which show the following: proposed sanitary sewer
plan/profile and recommended pipe size, manholes, existing utilities and
utility easements, and all pertinent information needed to construct the
project. Legal description (Lot Nos., Block Nos., and Addition Names) along
with property ownership shall be provided on the plan view.
o The ENGINEER shall make provisions for reconnecting all identifiable
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a sanitary sewer main or lateral is
changed, provisions will be made in the final plans and/or specifications by the
ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
o The following shall be applicable at all locations where it is necessary to
relocate or reroute the existing private sanitary sewer service line due to the
abandonment or realignment of the existing public sanitary sewer lateral or
main: The CITY shall furnish the ENGINEER with a sample format of how the
sewer service line reroute/relocation should be designed and submitted for
construction. During design survey, if a rod can be inserted through the
cleanout to the bottom of the service line, the ENGINEER will obtain the flow
line elevation and design the service line prior to advertising the project for bid.
If the service flow line information cannot be obtained during design survey, the
ENGINEER shall delay the design of the sewer service line until after a Quality
Level A Subsurface Utility Engineering (SUE investigation has been
performed). The Level A SUE will be performed; (1) by the ENGIIVEER if
included in the fee proposal; or(2) by the CITY prior to bidding if the CITY
determines that it is needed for satisfactory completion of the design; or (3) by
the Contractor after the project has been bid, by means of a bid item to that
effect. In all options, the ENGINEER shall propose appropriate de-hole
locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information
to provide the design for the sanitary sewer service line to be rerouted or
relocated.
o Provide map showing location of new manhole construction at the end of
existing sewer segments, 90 degree bends, or tee connections.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 10 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• Rehabilitation locations, Project 1 (N. Trinity Park 1), Project 2 (N Trinity Park1),
Project 3(S Trinity Park), Project 4, Project 5 (Riverside), Project 6 (UPRR East 1),
Project 7 (UPRR East 2), Project 8 (UPRR West), Project 9 (Hulen), and Project 10
(M-C-1-W-7)will include the following:
o Rehabilitation Plan sheet/s— Plan and profile as necessary for rehabilitation
and relocation of identified segments
o Access Plan — Indicating contractor's operating area and access to site.
o Bypass Pumping Plan
o Erosion Control Plan
o Traffic Control Detail/s
o Tree Protection Plan
o Park Restoration Plan— Park restoration as directed by PACSD
o Trail Detour Plan— For work near Trinity Trails
5.2. Geotechnical Sub Coordination
• Soil investigations, including field and laboratory tests, borings, related
engineering analysis and recommendations for determining soil conditions will be
made. In addition to the above investigations, borings and appropriate field and
laboratory analysis will be made at reasonable intervals along the project
alignment for the Contractor's use in determining soil conditions for preparing
bids and a Trench Safety Plan.
5.3. Structural Design Sub Coordination
5.4. 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.
5.5. 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.
• 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
City of Fart Worth,Texas
Attachment A
PMO Release Date:07.23.2012
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ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
5.6. Stakeholder Meetings
• ENGINEER shall prepare for and attend meeting with the following:
o Fort Worth Parks and Community Services Department (PACSD)
o Fort Worth and Western Railroad (FWWR)
o Union Pacific Railroad (UPRR)
o Commercial Businesses along Rogers Rd and Riverfront Dr
o Texas Department of Transportation (TxDOT)
o North Texas Tollway Authority (NTTA)
o US Army Corps of Engineers (USACE)
o Tarrant Regional Water District (TRWD)
o Fort Worth Special Events
ASSUMPTIONS
• 9 stakeholder meeting(s) will be conducted or attended during the preliminary design
phase.
• 1 CI borings at an average bore depth of 15 feet each will be provided.
• Traffic Control "Typicals"will be utilized to the extent possible. It is assumed an
additional 6 project specific traffic control sheets will be developed for University Drive,
Old University Drive, Rogers Road and Riverfront Drive.
• 2 sets of 11 x17 size plans will be delivered for the Constructability Review.
• 2 sets of 11 x17 size plans will be delivered for the Preliminary Design (60% design).
2 sets of specifications will be delivered for the Preliminary Design (60% design).
• DWF files created from design CAD drawings will be uploaded to the designated project
folder in Buzzsaw.
• The CITY's front end and technical specifications will be used. The ENGINEER shall
supplement the technical specifications if needed.
• 5 sets of 1 1x1 7 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.
DELIVERABLES
• Preliminary Design drawings and specifications
• Utility Clearance drawings
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
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ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• OPCC
• Data Base listing names and addresses of residents and businesses affected by the
project.
TASK 6. ICAP FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION
DOCUMENTS (100 PERCENT)
6.1 Upon approval of the Preliminary plans, ENGINEER will prepare construction plans
as follows:
• Draft Final plans (90%) and specifications shall be submitted to CITY per the
approved Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER
shall submit Construction Documents (100%) to the CITY per the approved
Project Schedule. Each plan sheet shall be stamped, dated, and signed by the
ENGINEER registered in State of Texas.
• The ENGINEER shall submit a final design opinion of probable construction cost
with both the 90% and 100% design packages.
6.2 Stakeholder Meetings
• ENGINEER shall prepare for and attend meeting with the following:
o Fort Worth Parks and Community Services Department (PACSD)
o Fort Worth and Western Railroad (FWWR)
o Union Pacific Railroad (UPRR)
o Commercial Businesses along Rogers Rd and Riverfront Dr.
o Texas Department of Transportation (TxDOT)
o North Texas Tollway Authority (NTTA)
o US Army Corps of Engineers (USAGE)
o Tarrant Regional Water District (TRWD)
o Fort Worth Special Events
ASSUMPTIONS
• 2 sets of 11 x17 size drawings and 2 sets 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.
• 5 sets of 11 x17 size drawings and 2 specifications will be delivered for the 100% Design
package.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
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ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• 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
• 90% construction plans and specifications.
• 100% construction plans and specifications.
• Detailed opinions of probable construction costs including summaries of bid items and
quantities using the CITY's standard bid items and format.
• Original cover mylar for the signatures of authorized CITY officials.
TASK 7. BID PHASE SERVICES
ENGINEER will support the bid phase of the project as follows.
7.1 Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
o Contract documents shall be uploaded in a .xIs file.
o Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
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ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• 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 and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results 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.
• 10 sets of construction documents will be sold to and made available on buzzsaw for
plan holders and/or given to plan viewing rooms.
• 10 sets of 22x34 size and 10 specifications (conformed, if applicable)will be delivered to
the CITY.
• PDF, DWF and DWG files will be uploaded to Buzzsaw.
DELIVERABLES
• Addenda
• Bid tabulations
• CFW Data Spreadsheet
• Recommendation of award
• Construction documents (conformed, if applicable)
TASK 8. CONSTRUCTION PHASE SERVICES (ONE BID PACKAGE)
8.1 ENGINEER will support the construction phase of the project as follows.
• Construction Support
o The ENGINEER shall attend the preconstruction conference.
o 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.
o Visits to Site and Observation of Construction. ENGINEER will provide on-
site construction observation services during the construction phase.
ENGINEER will make visits at intervals as directed by Client in order to
observe the progress of the Work, up to twenty four (24). Such visits and
observations by Consultant are not intended to be exhaustive or to extend to
every aspect of Contractor's work in progress. Observations are to be limited
to spot checking, selective measurement, and similar methods of general
observation of the Work based on ENGINEER's exercise of professional
judgment. Based on information obtained during such visits and such
observations, Consultant will evaluate whether Contractor's work is generally
City of Fort Wofth,Texas
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PMO Release Date:07.23.2012
Page 15 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
proceeding in accordance with the Contract Documents, and ENGINEER will
keep Client informed of the general progress of the Work. The purpose of
ENGINEER's site visits will be to enable ENGINEER to better carry out the
duties and responsibilities specifically assigned in this Agreement to
ENGINEER, and to provide Client a greater degree of confidence that the
completed Work will conform in general to the Contract Documents.
ENGINEER shall not, during such visits or as a result of such observations of
Contractor's work in progress, supervise, direct, or have control over
Contractor's work, nor shall ENGINEER have authority over or responsibility
for the means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction selected by Contractor,
for safety precautions and programs incident to Contractor's work, nor for any
failure of Contractor to comply with laws and regulations applicable to
Contractor's furnishing and performing the Work. Accordingly, ENGINEER
neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in
accordance with the Contract Documents.
o Clarifications and Interpretations. ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to Client as
appropriate to the orderly completion of Contractor's work. Any orders
authorizing variations from the Contract Documents will be made by Client.
o Change Orders. ENGINEER may recommend Change Orders to Client, and
will review and make recommendations related to Change Orders submitted
or proposed by the Contractor.
o Shop Drawings and Samples. ENGINEER will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents. Such review and approvals or
other action will not extend to means, methods, techniques, equipment
choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
o Substitutes and "or-equal." Evaluate and determine the acceptability of
substitute or "or-equal" materials and equipment proposed by Contractor in
accordance with the Contract Documents, but subject to the provisions of
applicable standards of state or local government entities.
o Inspections and Tests. ENGINEER may require special inspections or tests
of Contractor's work as ENGINEER deems appropriate, and may receive and
review certificates of inspections within ENGINEER's area of responsibility or
of tests and approvals required by laws and regulations or the Contract
Documents. ENGINEER's review of such certificates will be for the purpose
of determining that the results certified indicate compliance with the Contract
Documents and will not constitute an independent evaluation that the content
or procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely
on the results of such tests and the facts being certified.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 16 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT N0 02448
o Disagreements between Client and Contractor. ENGINEER will, if requested
by Client, render written decision on all claims of Client and Contractor
relating to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of
Contractor's work. In rendering such decisions, ENGINEER shall be fair and
not show partiality to Client or Contractor and shall not be liable in connection
with any decision rendered in good faith in such capacity.
o Substantial Completion. ENGINEER will, promptly after notice from
Contractor that it considers the entire Work ready for its intended use, in
company with Client and Contractor, conduct a site visit to determine if the
Work is substantially complete. Work will be considered substantially
complete following satisfactory completion of all items with the exception of
those identified on a final punch list. If after considering any objections of
Client, ENGINEER considers the Work substantially complete, ENGIIVEER
will notify Client and Contractor.
o Final Notice ofAcceptability of the Work. ENGINEER will conduct a final site
visit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list so that
ENGINEER may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also
provide a notice that the Work is generally in accordance with the Contract
Documents to the best of ENGINEER's knowledge, information, and belief
based on the extent of its services and based upon information provided to
ENGINEER upon which it is entitled to rely.
o Limitation of Responsibilities. ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or of any of their subcontractors,
suppliers, or of any other individual or entity performing or furnishing the
Work. ENGINEER shall not have the authority or responsibility to stop the
work of any Contractor.
o The ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list
8.2 Record Drawings
• The ENGINEER shall prepare Record Drawings from information provided by the
CITY depicting any changes made to the Final Drawings during construction.
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
shall be placed on each plan sheet, whether there are any revisions on the sheet
or not. Each sheet shall clearly indicate all changes which apply to that sheet by
clouding and numbering, or other suitable means.
• The following disclaimer shall be included with the Record Drawing stamp:
o These Record Drawings were prepared using information provided by others
and represent the as constructed conditions to the extent that documented
changes were provided for recording. The ENGINEER assumes no liability
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 17 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
for undocumented changes and certifies only that the documented changes
are accurately depicted on these drawings.
• The ENGINEER shall submit a set of sealed Final Drawings, modified and
stamped as Record Drawings, on mylar for record storage. The ENGINEER may
keep copies of the information provided by the CITY for their files, but all original
red-lined drawings shall be returned to the CITY with the mylars.
• Both PDF and DWF files shall be uploaded to the project's Record Drawings
folder in Buzzsaw.
ASSUMPTIONS
• 4 RFI's are assumed.
• 4 Change Orders are assumed
• 40 Shop Drawings reviews are assumed
• 24 Site Observation Visits are assumed
• One PDF copy of half size (11"x17") plans and one full size (22x34) plans will be
delivered to the CITY.
TASK 9. 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.
9.1. Right-of-Way/Easement Preparation and Submittal
• 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.
• The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The ENGINEER shall submit the right-of-way and/or easement documents to
CITY PM for real property acquisition
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
• 18 Easements or right-of-way documents will be necessary.
• 6 Easement vacation documents.
• Right-of-Way research and mapping 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,
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 18 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
fences, stakes, etc.). It does not include effort for chain of title research, parent track
research, additional research for easements not included in the TAD, right-of-way
takings, easement vacations and abandonments, right-of-way vacations, and street
closures.
DELIVERABLES
• Easement exhibits and meets and bounds provided on CITY forms.
TASK 10. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
10.1 Design Survey: Surveying service shall be performed by Registered Professional
Land Survey Licensed in the State of Texas. Surveying shall include:
• Survey shall be within the right-of-way only.
• Property Research:
o Research property owners and obtain copies of subdivision plats, ownership
deeds, and easements.
• Temporary Right of Entry
o Prepare Temporary Right of Entry in conformance with the checklist and the
template available on The CITY's Buzzsaw site.
o Prior to entering private property for survey, prepare; mail; and obtain
Temporary Right of Entry from landowners.
o Notify the City of any land owners that refuse to grant temporary right of entry
o Maintain copies of all executed Temporary Right of Entry letters on the
CITY's Buzzsaw site.
• Control: Provide project control including:
o Establish horizontal control based on NAD 83 and vertical control based on
the CITY vertical control monuments
o Set temporary bench marks located so they will not be destroyed during
design or construction.
• Perform topographic survey (As indicated in table above) to collect horizontal and
vertical elevations and other information needed to design and prepare plans for
the project including existing sizes, dimensions, invert and rim elevations, and
frame and cover size for the following:
o Right-of-Way
• Property corners and establish ROW and Property lines
• Existing easements
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 19 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO..02448
o Paving
• Back and top of Curb
• Curb Gutter
• Edge of Curb
• Edge of pavement
• Pavement transitions: brick, asphalt and concrete
• Concrete valley gutters
• Sidewalk
• Driveways
• Barrier free ramps
o Traffic
• Traffic Signal Pole
• Traffic Signal Mast Arms
• Signal controllers and foundations
• Signal pull boxes
• Signs
• Illumination poles and pull boxes
o Storm Water
• Inlets
• Junction structures
• Culverts
• Headwalls
• Swales
• Channels
• Rip-rap
0 Franchise Utilities
• Electric
0 Power Poles with Guy Wires
0 Underground Electric
0 Manholes
City of Fort Worth,Texas
Attachment A
PMO Release Dale:07.23.2012
Page 20 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
o Transformers
o Switches
• Gas
o Buried gas mains and services
o Manholes
o Above ground structures
o Meters within ROW or easements
a Gas line marker signs
• Telephone and Cable
o Buried cable lines
o Buried fiber lines
o Risers
o Manholes
o Pull boxes
o Water
• Pipe lines
• Valves and valve vaults
• Service lines
• Meters and meter boxes and vaults
• Air release valves, vents, and vaults
• Blow-off valves and vault
• Fire lines
• Sampling stations
o Sanitary Sewer
• Pipe lines
• Manholes
• Cleanouts
• Service lines
o Trees
• Caliper Trees larger than 6-inches in diameter
City of Fort Worth.Texas
Attachment A
PMO Release Date:07.23.2012
Page 21 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• Canopy
10.2 Subsurface Utility Engineering (SUE):
• The SUE shall be performed in accordance with CI/ASCE 38-02.
• Four different levels of SUE are identified. The following is a description of each
level of SUE used on this project.
o Level D
o Level C
• Field locate and obtain horizontal position of visible utility surface features
for all of the utility systems described within Level D.
o Level B
• Indicate by marking with paint, the presence and approximate horizontal
location of subsurface utilities using geophysical prospecting techniques,
including electromagnetic, sonic, and acoustical techniques.
• Approximately 0 feet of direct buried water line is identified for Level B
location.
o Level A
• Location (Test Hole) Services: Locating the horizontal and vertical
position of the utility by excavating a test hole using vacuum excavation
techniques and equipment. In performing locating (test hole) services
ENGINEER will:
o Excavate up to 10 test holes to expose the utility to be measured in
such a manner that insures the safety of the excavation and the
integrity of the utility to be measured. Excavations will be performed
using specially developed vacuum excavation equipment that is non-
destructive to existing facilities. If contaminated soils are discovered
during the excavation process, the ENGINEER will notify the CITY.
o Obtain x,y and Z information at each test hole.
ASSUMPTIONS
• Topographic survey at intersection will include no more than 100 ft. in each direction.
DELIVERABLES
None
TASK 11. PERMITTING SERVICES
11.1. TXDOT
• Prepare one (1) permit for utilities accommodation within TxDOT ROW in
accordance with the TXDOT requirements_
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 22 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
11.2. NTTA
• Prepare one (1) permit for utilities accommodation within NTTA ROW in
accordance with the NTTA requirements.
11.3. Railroads - Union Pacific Railroad (UPRR) and Fort Worth and Western Railroad
(FWWR)
• Coordinate two (2) railroad crossings.
• Obtain Railroad crossing requirements.
• Submit one (1) plan sheet to each railroad owner for each proposed utility
crossing.
• Plan sheets will be formatted per the AREMA guidelines.
• Proposed utilities crossing railroads will be designed in accordance with the
railroad owner and AREMA guidelines.
• The ENGINEER will attend one (1) coordination meeting with the CITY
PROJECT Manager and or a Representative from the Railroad for each
proposed utility crossing.
• Prepare one (1)exhibit for each proposed utility crossing.
• The ENGINEER will make one (1) visit to each proposed utility crossing with the
CITY Project Manager and or a Representative from the Railroad to convey the
design intent.
• CITY is responsible for obtaining Permit/Easement, paying all fees, and
necessary CITY Council action.
11.4. Trinity Regional Water District (TRWD) and U.S. Army Corp of Engineers (USACE)
• Prepare ten (10) submittals to TRWD/USACE each consisting of the following:
• Ten (10) copies of 90 percent CITY PROJECT submittal to TRVA for review and
comment.
• Review and respond to one set of comments for each submittal.
11.5. Park Land Conversion
• The ENGINEER will prepare and submit [one (1)] City of Fort Worth Park's
Department Conversion Application including the following:
• One (1) aerial exhibit indicating existing easements, tree save/removal areas,
construction staging and storage areas, landscape areas,fences, signs, access
points and all alternate alignment options. Proposed pipeline should be labeled
with pipe size, linear footage of pipe, width of easement and boring/open cut
locations.
• One (1) CD including snapshot size color photographs of the existing conditions
of the park property.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 23 of 25
ATTACHMENT
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
• Explanation of use for any park road or property identifying duration and
frequency of anticipated use as well as types of vehicles that will require access.
Necessary signage plans and anticipated disruptions to traffic will also need to be
submitted.
• Proposed preservation, security, environmental protection and restoration plans
for all staging and storage areas.
• Letter of Request for Conversion
• Letter of Permission to Survey
• 8.5" x 11" Survey Exhibit for Park Board
• Legal Description, Copy of Deed and Copy of Plat/Abstract Stake proposed
alignment, permanent boring locations and temporary workspaces for final
approval.
11.6. For projects that disturb an area greater than one (1) acre, the Contractor will be
responsible for preparing and submitting the Storm Water Pollution Prevention Plan
(SWPPP)with appropriate regulatory agencies. The Engineer will prepare the iSWM
Construction Plan according to the current CITY iSWM Criteria Manual for Site
Development and Construction which will be incorporated into the SWPPP by the
contractor.
DELIVERABLES
• One pdf copy of applicable permits.
• 10 copies of 90 percent CITY PROJECT submittal to TRVA.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 24 of 25
ATTACHMENT A
DESIGN SERVICES FOR
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
CITY PROJECT NO.:02448
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 or property acquisition including temporary right-of-
entries.
• 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
• Periodic site visits during construction phase
• Design phase public meetings
• 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 related to submitting for permits (ie.TxDOT, railroad, etc...)
• Services related to Subsurface Utility Engineering Levels A, B, C or D
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right-of-entries.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Construction Shop drawing review, samples and other submittals submitted by
the contractor.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth.Texas
Attachment A
PMO Release Date:07.23.2012
Page 25 of 25
ATTACHMENT B
COMPENSATION
Design Services for
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
City Project No.02448
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $697,702 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
Water 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
Kimley-Horn and Design, Bidding and °
Associates, Inc. Construction Phase Services $601,102 86.15/°
Proposed MBE/SBE Sub-Consultants
CMJ Engineering, Inc. Geotechnical Services $20,000 2.87%
Gorrondona & Survey and Easement Services $41,600 5.96%
Associates, Inc.
Jaster-Quintanilla Structural Design $15,000 2.15%
Dallas, LLP
The Rios Group Subsurface Utility Engineering $20,000 2.87%
Non-MBE/SBE Consultants
TOTAL JqaL702 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
697 702 1K.600 13.84%
City MBE/SBE Goal = 13.0% Consultant Committed Goal = 13.84 %
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 B
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
UPPER CLEAR FORK DRAINAGE BASIN INTERCEPTOR IMPROVEMENTS
City Project No. 02448
No modifications to the Standard Agreement were necessary for this project.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page I of I
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5
O DATE: V OCT 2014
ATTACHMENT E City of Fort Worth
DESIGN1CK Kirnley>>>Horn
z Upper Clear Fork Upper Clear Fork
mtm DRAWN JcK City Council Districts 7&9 Drainage Basin No. Revision B Date
M � CHECKED JRA Mapsco 75Q,75R,751-1,76B Interceptor
� KHA NO.: 0610181 XX 76C,76E,76F,76J,76N Improvements
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY CUUNCIL AGENDA aR���pp,
COUNCIL ACTION: Approved on 2/3/2015 - Ordinance No. 21627-02-2015
DATE: 2/3/2015 REFERENCE NO.:""C-27174 LOG NAME: 60UCFM272BCVAR-KHA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc.,
in the Amount of$697,702.00 for Upper Clear Fork Drainage Basin Parallel Interceptor
Improvements at Various Locations Within the Upper Clear Fork Drainage Basin, Provide
for Project Management, Real Property Acquisition and Utility Coordination Costs for a
Project Total in the Amount of$718,702.00 and Adopt Appropriation Ordinance (COUNCIL
DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$718,702.00 from the Water and Sewer Operating Fund to the Sewer
Capital Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Sewer Capital Projects Fund in the amount of$718,702.00 from available funds; and
3. Authorize the execution of a contract with Kimley-Horn and Associates Inc., in the amount of
$697,702.00 for Upper Clear Fork Drainage Basin Parallel Interceptor improvements at various
locations.
DISCUSSION:
This project consists of the preparation of plans and specifications for the replacement of the severely
deteriorated portions of the City's Sanitary Sewer Main at ten locations within the Upper Clear Fork
Drainage Basin. The project will also provide for route analysis and conceptual design for the Upper
Clear Fork Drainage Basin Parallel Interceptor.
Kimley-Horn and Associates, Inc., proposes to perform the design work for a lump sum fee of
$697,702.00. Staff considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $21,000.00 is required for project management, real property
acquisition and utility coordination and material testing.
M/WBE Office- Kimley-Horn and Associates, Inc., is in compliance with the City's BIDE ordinance by
committing to 14 percent SBE participation. The City's SBE goal on this project is 13 percent.
The project is located in COUNCIL DISTRICT 9, Mapsco 76B, 76C, 76E, 76F, 76J and 76K.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations, and adoption of the attached appropriation ordinance, funds will be available in
the current capital budget, as appropriated, of the Sewer Capital Projects Fund. The Fiscal Year
2015 operating budget includes appropriations of$51,724,257.00 for the purpose of providing pay-
as-you-go funding for capital projects. The amount transferred year to date is $24,860,893.00 in the
operating budget.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://ao-os.cfwnet.orp/council packet/mc review.asp?ID=20665&councildate=2/3/2015 2/4/2015
M&C Review Page 2 of 2
1&2) 1) PE45 538040 0709020 $718,702.00
P258 476045 7091702448ZZ $718,702.00
2) P258 511010 709170244830 $12,000.00
3) P258 531200 709170244832 $393,661.00
3) P258 531200 709170244833 $65,610.00
2) P258 531200 709170244831 $196.831.00
2) P258 531200 709170244832 $393,661.00 3) P258 531200 709170244851 $41,600.00
3) P258 531200 709170244831 $196,831.00
2) P258 531200 709170244833 $65,610.00
2) P258 531200 709170244851 $41,600.00
2) P258 541100 709170244841 $1,000.00
2) P258 531350 709170244842 $1,000.00
2) P258 531350 709170244873 $3,00M0
2) P258 533010 709170244881 $1,000.00
2) P258 531350 709170244884 $2,000.00
2) P258 531350 709170244884 $1,000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Andy Cronberg (5020)
Additional Information Contact: Liam Conlon (6824)
ATTACHMENTS
60UCFM272BCVAR-KHA P258 A015.docx
Kimley-Horn and Associates Inc SAM SEARCH.pdf
Upper-Clear-Fork-AttachE-MC-r.pdf
http:Happs.cfwnet.org/council packet/me review.asp?ID=20665&councildate=2/3/2015 2/4/2015