HomeMy WebLinkAboutContract 46548 i
CITY SECRETAR I � c,
CAH'TRACT NO. `T b....
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 APM &Associates, Inc., authorized to do business in Texas,
(the "ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer
Replacement Contract 2014, WSM-B.
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 $327,866.00 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
rn not limited to meeting the requirements set forth in Attachment D to this
m AGREEMENT, to reasonably substantiate the invoices.
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(2) The ENGINEER will issue monthly invoices for all work performed under this
z.' AGREEMENT. Invoices are due and payable within 30 days of receipt.
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(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
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date: 12/11/2014
Page 1 of 16 CITY SECRETARY
FT.WORTH, 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
Page 2 of 16
(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that
could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in
ink on reproducible mylar sheets and electronic files in .pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of such drawings for any
project other than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 3 of 16
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,
econornic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Service,
Revised Date:12/11/2014
Page 4 of 16
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
facilities, and shall be provided adequate and appropriate work space, in
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 5 of 16
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
acceptable.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
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i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall,be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
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documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A-V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12111/2014
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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
amendment to this AGREEMENT.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 9 of 16
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER's services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 10 of 16
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 11 of 16
(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.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
Page 12 of 16
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
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 of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:12/11/2014
Page 13 of 16
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.
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12/11/2014
Page 14 of 16
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
Attachment E - Location Map
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12111/2014
Page 15 of 16
Executed and effective this the 9 h'--da-y of 2015.
BY: BY:
CITY OF FORT WORTH ENGINEER
APM &Associated, In .
Fernando Costa Afisu C. Olabimtan, P. E.
Assistant City Manager President
Date: A?, /S Date.-
APPROVAL
ate:APPROVAL RECOMMEND D.
By: r
Andrew ron erg, P. E. � „'E
Interim Director, Water Department
APPROVED AS TO FORM AND M&C No. C-27208
LEGALITY
M&C Date: March 3, 2015
By: : __ 3�-_
4ouglas W. Black
Assistant City Attorney
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Standard Agreement for Engineering Related Design Services CITY SECRETARY
Revised Date:12/11/2014
Page 16 of 16 FT.WORTH,TX
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ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CRY PROJECT NO.:02M
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014, WSM-B
CITY PROJECT NO.: 02383
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.
STREET WATER SEWER
N N N N
•V UU) ..V
.N Water Map o Length .N Sewer Map ,� o Length
Street/Limits ° o No W EL LF ° 0 No W (L LF
Ranch View Road
N. Cul-de-sac 3 2036-372 6" 8" 1,400 3 2036-372 6" 8' 742
Bellaire Circle 2036-372 20" 24" 3,400 2036-372 24'
Hulen Drive 3 2030-372 6" 8" 340 3 2030-372 6" 8' 1,009
Bellaire Circle
Bellaire Circle 3 2036-372 6' 8' 1,700
4.
Stadium Drive 2036-372 10' 10' 50
W. Dead End 3 2036-372 6" 8' 3,800 3 6" 8' 1,093
Sa.
LAN9 AL.LEIf` 10'
Standering Road 2018-380 8" 10'
Clayton Road E. 3 2018-376 6" 8' 4,224
5b.CLATM L
/TAIMIWORTH ROAD
Brants Lane 2018-380
Rowan Drive 3 2018-376 10' 10' 791
Total 10,640 7,909
City of Fort worth,Texas
Attachment A
PMO Release Date:07.23.2012
Page 1 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02X3
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey and Subsurface Utility Engineering Services
Task 9. Plan Submittal Checklists
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 with the CITY at the end of each 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 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
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 2 of 1S
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02M3
• 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
• 15 MWBE reports will be prepared
• 4 meetings with city staff
• 15 monthly water department progress reports will be prepared
• 15 monthly project schedule updates will be prepared
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
G. Plan Submittal Checklists (See Task 9)
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to
■ 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 3 of 18
ATTACHMENT
DESIGN SERVICES FOR
WATER AND SANTfARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Data Collection
• In addition to data obtained from the CITY, ENGINEER will research proposed
improvements in conjunction with any other planned future improvements that
may influence the project.
• 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.
• The data collection efforts will also include conducting special coordination
meetings with affected property owners and businesses as necessary to develop
sewer re-routing plans.
• The ENGINEER shall visit the project site and obtain the meter numbers and sizes
on all existing meters to be replaced on the project and shall identify existing
sample stations and fire line locations.
2.2. Geotechnical Investigations
• ENGINEER shall advise the CITY of test borings and other subsurface
investigations that may be needed for the project. If the CITY determines that
such borings or investigations are needed, then the ENGINEER shall work with
the CITY and CITY's geotechnical consultant to draw up specifications for such
testing program. The cost of such testing will be paid for by the CITY.
2.3. Fire Line Reconnection
2.4. The Conceptual Design Package shall include the following:
• Cover Sheet
• Graphic exhibits and written summary of alternative design concepts considered,
strengths and weaknesses of each, and the rationale for selecting the
recommended design concept.
• Proposed phasing of any water and sanitary sewer work that is included in this
project documented in both the project schedule and narrative form.
• Documentation of key design decisions.
• Estimates of probable construction cost.
ASSUMPTIONS
• 0 Geotechnical borings are expected for this project.
• 0 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 N/A size fold outs bound in the report
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 4 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
• ENGINEER shall prepare the meeting minutes 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
A. Conceptual Design Package
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Cover Sheet
• A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument#8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s) with property owner information.
• Overall project water and/or sanitary sewer layout sheets. The water layout sheet
shall identify the proposed water main improvement/existing water mains in the
vicinity and all water appurtenances along with pressure plane boundaries, water
tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
• Overall water and/or sanitary sewer abandonment sheet.
• 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.
• Bench marks per 1,000 ft of plan/profile sheet—two or more.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 5 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:023U
• Plan and profile sheets which show the following: proposed water and/or sanitary
sewer plan/profile and recommended pipe size, fire hydrants, water service lines
and meter boxes, gate valves, isolation valves, manholes, existing meter
numbers and sizes that are to be replaced, existing sample locations, existing fire
line locations, 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.
• The ENGINEER shall make provisions for reconnecting all identifiable water and/or
wastewater service lines which connect directly to any main being replaced,
including replacement of existing service lines within City right-of-way or utility
easement. When the existing alignment of a water and sanitary sewer main or
lateral is changed, provisions will be made in the final plans and/or specifications
by the ENGINEER to relocate all service lines which are connected to the existing
main and connect said service lines to the relocated main.
• The following shall be applicable at all locations where it is necessary to relocate or
reroute the existing private sanitary sewer service line due to the abandonment or
realignment of the existing public sanitary sewer lateral or main: The CITY shall
furnish the ENGINEER with a sample format of how the sewer service line
reroute/relocation should be designed and submitted for construction. During
design survey, if a rod can be inserted through the cleanout to the bottom of the
service line, the ENGINEER will obtain the flow line elevation and design the
service line prior to advertising the project for bid. If the service flow line
information cannot be obtained during design survey, the ENGINEER shall delay
the design of the sewer service line until after a Quality Level A Subsurface Utility
Engineering (SUE investigation has been performed). The Level A SUE will be
performed; (1) by the ENGINEER if included in the fee proposal; or(2) by the CITY
prior to bidding if the CITY determines that it is needed for satisfactory completion
of the design; or(3) by the Contractor after the project has been bid, by means of a
bid item to that effect. In all options, the ENGINEER shall propose appropriate de-
hole locations in the project and collect flow line elevation and other applicable
information of the sewer service line. The ENGINEER shall use this information to
provide the design for the sanitary sewer service line to be rerouted or relocated.
• Provide map showing location of new manhole construction at the end of existing
sewer segments, 90 degree bends, or tee connections. Site survey or specific
design plans for manhole construction is not included as part of the scope. The
contract documents shall specify that it is the Contractor's responsibility to
coordinate utility location, etc. manhole construction.
• The ENGINEER will prepare standard and special detail sheets for water line
installation and sewer rehabilitation or replacement that are not already included in
the D-section of the CITY's specifications. These may included 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.
3.2. Geotechnical Investigation
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 6 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
• 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.
3.3. Constructability Review
• Prior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY's comments from the field visit and submit this information to the CITY in
writing.
3.4. 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
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
3.5. Traffic Control Plan
• Develop a traffic control plan utilizing standard traffic reroute configurations
posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
• Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
ASSUMPTIONS
• 0 public meeting(s) will be conducted or attended during the preliminary
design phase.
• 0 borings at an average bore depth of N/A feet each will be provided.
• Traffic Control "Typicals"will be utilized to the extent possible. It is assumed an
additional 0 project specific traffic control sheets will be developed for
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 7 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
• 1 sets of 24"x 36" size plans will be delivered for the Constructability
Review.
• 1 sets of 24" x 36" size plans will be delivered for the Preliminary
Design (60% design).
• 1 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.
• 0 sets of N/A 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
A. Preliminary Design drawings and specifications
B. Utility Clearance drawings
C. Traffic Control Plan
D. Storm Water Pollution Prevention Plan
E. Estimates of probable construction cost
F. Data Base listing names and addresses of residents and businesses affected by
the project.
TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• 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.
• 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 8 of 18
ATTACHMENT
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM•B
CITY PROJECT NO.:02383
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
• 1 sets of 24" x 36" size drawings and 1 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.
• 1 sets of 24" x 36" size drawings and 1 specifications will be delivered
for the 100% Design package.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• [Engineer to provide estimated final sheet list (cover/index, general notes, control point
location, easement layout, SUE plan sheets, no. of plan/profiles, special detail sheets,
etc.)]
DELIVERABLES
A. 90% construction plans and specifications.
B. 100% construction plans and specifications.
C. Detailed estimates of probable construction costs including summaries of bid items and
quantities using the CITY's standard bid items and format.
D. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Buzzsaw for
access to potential bidders.
• Contract documents shall be uploaded in a .xIs file.
• Unit Price Proposal documents are to be created utilizing CFW Bidtools only
and combined in a specified spreadsheet workbook, Bid Proposal Worksheet
Template, and will be populated and configured so that all pages are
complete and the Summary Worksheet(s) in the workbook detail and
automatically summarize the totals from the inserted Unit Price Proposal
document worksheets.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 9 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEINER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
• Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
• The ENGINEER shall sell contract documents and maintain a plan holders list on
Buzzsaw from documents sold and from Contractor's uploaded Plan Holder
Registrations in Buzzsaw.
• The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Buzzsaw folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitution prior to award of contracts is allowed in the contract
documents, the ENGINEER will advise the CITY as to the acceptability of
alternate materials and equipment proposed by bidders.
• Attend the bid opening in support of the CITY.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation 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.
5.2 Final Design Drawings
1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall be created from the original
CAD drawing files and shall contain all associated sheets of the particular plan
set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 10 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf' where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number
of sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in
Buzzsaw.
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the
plans were prepared in DGN format, they shall be converted to DWG prior to
uploading. The naming convention to be used for the DWG files shall be as
follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name — "W-1956_SHT01.dwg", "W-
1956_SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and
DWF files, but shall include the sheet number in the name — "X-
12155—SHT01.dwg", "X-12755_SHT02.dwg", etc.
For information on the proper manner to submit files and to obtain a file number for
the project, contact the Department of Transportation and Public Works Vault at
telephone number(817) 392-8426. File numbers will not be issued to a project
unless the appropriate project numbers and fund codes have been assigned and
are in the Department of Transportation and Public Works database.
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor.
• 1 sets of construction documents will be sold to and made available on
Buzzsaw for plan holders and/or given to plan viewing rooms.
• 1 sets of 24" x 36" size and 1 specifications (conformed, if
applicable) will be delivered to the CITY.
• PDF and DWF files will be uploaded to Buzzsaw.
DELIVERABLES
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 11 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANfTARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
A. Addenda
B. Bid tabulations
C. CFW Data Spreadsheet
D. Recommendation of award
E. Construction documents (conformed, if applicable)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre-construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
• The ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
• As requested by the CITY, the ENGINEER shall provide necessary interpretations
and clarifications of contract documents, review change orders, and make
recommendations as to the acceptability of the work.
The ENGINEER shall attend the "Final" project walk through and assist with preparation of
final punch list
6.2 Record Drawings
• The ENGINEER shall prepare Record Drawings from information provided by
the CITY depicting any changes made to the Final Drawings during construction.
The following information shall be provided by the CITY:
o As-Built Survey
o Red-Line Markups from Contractor
o Red-Line Markups from City Inspector
o Copies of Approved Change Orders
o Approved Substitutions
• The ENGINEER shall modify the Final Drawings electronically and shall place a
stamp on the plans indicating that they represent Record Drawings of the project
as constructed. The stamp shall be signed and dated by the ENGINEER and
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:
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 12 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
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 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.
2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall contain all associated sheets
of the particular plan set. Singular PDF and DWF files for each sheet of a
plan set will not be accepted. PDF and DWF files shall conform to naming
conventions as follows:
I. TPW file name example — "W-1956_rec47.pdf' where "W-1956" is the
assigned file number obtained from the CITY, "_rec" designating the file is
of a record drawing plan set, "47" shall be the total number of sheets in this
file.
Example: W-0053_rec3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_rec36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_rec"
designating the file is of a record drawing plan set, "36" shall be the total
number of sheets in this file.
Example: X-12755_rec18.pdf
Both PDF and DWF files shall be uploaded to the project's Record Drawings folder
in Buzzsaw.
ASSUMPTIONS
• 2 RFI's are assumed.
• 0 Change Orders are assumed
• One copy of full size (22"x34") mylars will be delivered to the CITY.
DELIVERABLES
A. Public meeting exhibits
B. Response to Contractor's Request for Information
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 13 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
C. Review of Change Orders
D. Review of shop drawings
E. Final Punch List items
F. Record Drawings on Mylar
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and land as outlined below,
per scoping direction and guidance from the CITY's Project Manager.
7.1. Right-of-Way Research
• The ENGINEER shall determine rights-of-way, easements needs for construction of the
project. Required temporary and permanent easements will be identified based on available
information and recommendations will be made for approval by the CITY.
7.2. Right-of-Way/Easement Preparation and Submittal.
The ENGINEER shall prepare documents to be used to obtain right-of-way and
permanent and/or temporary easements required to construct the improvements.
• The 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.
7.3. Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry
documents for landowners to CITY PM for real property acquisition. It is assumed that letters
will only be required for land owners adjacent to temporary construction easements or who
are directly affected by the project and no easement is required to enter their property.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's Buzzsaw site.
ASSUMPTIONS
• 0 Easements or right-of-way documents will be necessary.
• 5 Temporary right-of-entry documents will be necessary.
• 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, fences,
stakes, etc.). It does not include effort for chain of title research, parent track research,
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 14 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
additional research for easements not included in the TAD, right-of-way takings, easement
vacations and abandonments, right-of-way vacations, and street closures.
DELIVERABLES
A. Easement exhibits and meets and bounds provided on CITY forms.
B. Temporary Right of Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES.
ENGINEER will provide survey support as follows.
8.1. Design Survey
ENGINEER will perform field surveys to collect horizontal and vertical elevations and
other information needed by ENGINEER in design and preparation of plans for the project.
Information gathered during the survey shall include topographic data, elevations of all
sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities,
structures, trees (measure caliper, identify overall canopy, and have qualified arborist
identify species of trees), and other features relevant to the final plan sheets. Existing
drainage at intersections will be verified by field surveys. Spot elevations will be shown on
intersection layouts with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the following:
A Project Control Sheet, showing ALL Control Points, used or set while gathering data.
Generally on a scale of not less than 1:400:
— The following information about each Control Point;
a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod)
b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing
base. Z coordinate on CITY Datum only.
C. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of
North Side Drive at the East end of radius at the Southeast corner of North Side Drive and
North Main Street).
— Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate
system, as the Control.
— No less than two horizontal bench marks, per line or location.
— Bearings given on all proposed centerlines, or baselines.
— Station equations relating utilities to paving, when appropriate.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 15 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:023B3
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of
Entry for landowners to CITY PM.
• The documentation shall be provided in conformance with the checklists and templates
available on the CITY's Buzzsaw site.
ASSUMPTIONS
• Topographic survey at intersection will include no more than 100 ft. in each direction.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Traffic Traffic Traffic
Street Water Control Control Control
Attachment"A" Signal Engineering
Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90%
Type (Submit All Water Water (Submit (Submit
30% 60% All @ All @ (Submit All
0 0
@ 30/°) 30% 60%) @ 60 ° Required for all work in City
ROW
Street X X X X X. X X X X
Storm Water X X X X X
Water/Sewer X X X X
"If included in street project
ASSUMPTIONS
• Topographic survey at intersection will include no more than 100 ft. in each
direction.
DELIVERABLES
A. Drawing of the project layout with dimensions and coordinate list.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 16 of 18
ATTACHMENT A
DESIGN SERVICES FOR
WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-B
CITY PROJECT NO.:02383
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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:08.1.2014
Page 17 of 18
ATTACHMENT A
DESIGN SERVICES FOR
_ >.';ii iiS a',Vti?}iENL",,6dEP:i Car: PALL 2014 1:st.i
CITY PROJECT NO.:02�c3
• 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:08.1.2014
Page 18 of 18
ATTACHMENT B
COMPENSATION
Design Services for
Water and Sanitary Sewer Replacement, Contract 2014 WSM-B
City Project No. 02383
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $ 327,866.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
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 PrimaryResponsibility Fee Amount %
Prime Consultant
APM &Associates, Inc. Project Mgmt./Design_ $ 241,116 73.50
Proposed MBE/SBE Sub-Consultants
BDS Technologies, Survey $ 86,750 26.50
Inc.
11325 Pegasus Street
Suite E-200
Dallas, TX. 75238
(214) 747-2500
Taoreed Badmus—
Project Mgr.
i
Non-MBE/SBE Consultants
TOTAL $ 327,866 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
Water and Sanitary Sewer Replacement $ 327
13 ,866 $ 86,750 26.50
Contract 2014 WSM-
City MBE/SBE Goal = 12% Consultant Committed Goal = 26.50%
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
Water and Sanitary Sewer Replacement, Contract 2014 WSM-B
City Project No. 02383
There are no changes and amendments to the Standard Agreement and Attachment A
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of t
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/3/2015 - Ordinance Nos. 21662-03-2015 & 21663-03-
2015
DATE: Tuesday, March 03, 2015 REFERENCE NO.: **C-27208
LOG NAME: 6014WSMB-APM
SUBJECT:
Authorize Execution of an Engineering Agreement with APM & Associates, Inc., in the Amount of
$327,866.00 for Water and Sanitary Sewer Replacement Contract 2014, WSM—B on Bellaire Circle, Ranch
View Road, South Hills Circle, Westcliff Road South and Two Easements, Provide for Additional Project
Costs for a Project Total in the Amount of$345,866.00 and Adopt Appropriation Ordinances (COUNCIL
DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$345,866.00 from the Water and Sewer Operating Fund to the Water Capital
Projects Fund in the amount of$206,719.00 and the Sewer Capital Projects Fund in the amount of
$139,147.00;
2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the
Water Capital Projects Fund in the amount of$206,719.00 and in the Sewer Capital Projects Fund in the
amount of$139,147.00 from available funds; and
3. Authorize the execution of an Engineering Agreement with APM & Associates, Inc., in the amount of
$327,866.00 for Water and Sanitary Sewer Replacement Contract 2014, WSM—B.
DISCUSSION:
This project consists of the preparation of plans and specifications for the replacement of the deteriorated
water and/or sanitary sewer mains as indicated on the following streets and easements:
Street From To Scope of
Scope
Bellaire Circle Ranch View Road North Cul-de-sac water/sewer
Ranch View Road Bellaire Circle Hulen Drive Iwater/sewer
South Hills Circle Bellaire Circle Bellaire Circle water
Westcliff Road
South Stadium Drive West Dead End water/sewer
Easement
Between Rowan Standering Road Clayton Road sewer
Drive and Brants East
Lane
Easement
r
Between Clayton
Road East and Brants Lane Tamworth Road sewer
Tamworth Road
APM &Associates, Inc., proposes to perform the design work for a lump sum fee of$327,866.00. Staff
considers this fee to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, the amount of$18,000.00 (Water: $10,000.00; Sewer: $8,000.00) is
required for project management, real property acquisition, utility coordination and material testing.
M/WBE OFFICE -APM &Associates, Inc., is in compliance with City's BDE Ordinance by committing to
27 percent SBE participation on this project. The City's SBE goal on this project is 12
percent. Additionally, APM and Associates, Inc., is a certified M/WBE firm.
This project is located in COUNCIL DISTRICT 3, Mapsco 74T, 89C and 89D.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances funds will be available in the current capital
budgets, as appropriated, of the Water Capital Projects Fund and 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 $21,449,079.00 in the
operating budget.
FUND CENTERS:
TO Fund/AccounVCenters FROM Fund/AccounVC enters
1&2) P253 476045 6051702383ZZ $206,719.00 1) PE45 538040 0609020 $206,719.00
1&2) P258 476045 7051702383ZZ $139.147.00 1) PE45 538040 0709020 $139,147.00
2) P253 511010 603170238330 $4,000.00 3) P253 531200 603170238331 $43,401.00
2) P253 531200 603170238331 $43,401.00 3) P253 531200 603170238332 $86,801.00
2) P253 531200 603170238332 $86,801.00 3) P253 531200 603170238333 $14,467.00
2) P253 531200 603170238333 $14,467.00 3) P253 531200 603170238351 $52,050.00
2) P253 541100 603170238341 $500.00 3) P258 531200 703170238331 $28,934.00
2) P253 531350 603170238342 $500.00 3) P258 531200 703170238332 $57,868.00
2) P253 531200 603170238351 $52,050.00 3) P258 531200 703170238333 $9,645.00
2) P253 531350 603170238373 $1,000.00 3) P258 531200 703170238351 $34,700.00
2) P253 533010 603170238381 $500.00
2) P253 531200 603170238384 $500.00
2) P253 531350 603170238384 $3,000.00
2) P258 511010 703170238330 $3,000.00
2) P258 531200 703170238331 $28,934.00
2) P258 531200 703170238332 $57,868.00
2) P258 531200 703170238333 $9,645.00
2) P258 531200 703170238341 $500.00
2) P258 531200 703170238342 $500.00
2) P258 531200 703170238351 $34,700.00
2) P258 531350 703170238373 $500.00
2) P258 533010 703170238381 $500.00
2) P258 531200 703170238384 $500.00
2) P258 531350 703170238384 $2,500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Andy Cronberg (5020)
Additional Information Contact: Robert Sauceda (2387)
ATTACHMFNTS_
1. 6014WSMB-APM Compliance.pdf (CFW Internal)
2. 6014WSMB-APM MAP 01 R .pdf (Public)
3. 6014WSMB-APM MAP 02R .pd (Public)
4. 6014WSMB-APM MAP 03RR .pdf (Public)
5. 606014WSMB-APM P253 AO15.docx (Public)
6. 606014WSMB-APM P258 AO15.docx (Public)
7. FAR-00001 CIP#02383 P258.pdf (CFW Internal)
8. FAR-00002 CIP#02383 P253.pdf (CFW Internal)
9. PE45 538040 0609020.docx (CFW Internal)
10. PE45 538040 0709020.docx (CFW Internal)
11. SAM forAPM.pdf (CFW Internal)