HomeMy WebLinkAboutContract 46589 CITY SECRETAW jA I r
CITY OF FORT WORTH, TEXAS CONTRACT NO. `Tv'-J
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Dunaway Associates, L.P., authorized to do business in
Texas, (the "ENGINEER"), for a PROJECT generally described as: Design of Phase I
Hammond Street and Timothy Drive Drainage Improvements.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article 11
Compensation
A. The ENGINEER's compensation shall be in the amount of $237,606.00 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.
(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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:9/24/2014
Page 1 of 16 CITY SECRETAW
RECEIVED APR 0 9 1015
FT.WORTH, TX i
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.
(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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 2 of 16
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
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 3 of 16
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation
or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY's actual PROJECT costs, financial aspects,
economic feasibility, or schedules will not vary from the ENGINEER's
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
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.
City of Fort Worth..Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 4 of 16
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
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 5 of 16
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.
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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 6 of 16
$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
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 7 of 16
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
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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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 9 of 16
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.
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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 10 of 16
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(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.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 11 of 16
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of 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
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 12 of 16
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
C.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 13 of 16
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 14 of 16
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:9/24/2014
Page 15 of 16
Executed and effective this the /& ray o&) -V, 20/0-f
BY: BY:
CITY OF FORT WORTH ENGINEER
Dunaway Ass .ates, L.P.
Fernando Costa Tom Galbreath, ASLA
Assistant City Manager President
Date: 4A A., Date:
APPROVAL RECOMMENDED:
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Douglas W4ansportation
iersig, P.E.
Director, and ublic
Works
APPROVED AS TO FORM AND M&C No.: G- - 2 sb
LEGALITY
U6&— M&C Date: Z �• /S
By:
Douglas W. Black
Assistant City Attorney
ATTEST: F�0
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Mary J.Oaryr
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City Se °"a�°Go
OFFICIAL RECORD
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CITYSECRETARY
City of Fort Worth,Texas FT. OWN,TA
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 1 of 16
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Projects
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. Under this scope, "ENGINEER" is expanded
to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER.
OBJECTIVE
Design of storm drain improvements to Hammond Street and Timothy Drive to alleviate flooding
in the vicinity of the intersection of Hammond Street and Old Burleson Road.
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 Services
Task 9. Permitting (NOT INCLUDED IN SCOPE)
Task 10. Plan Submittal Checklist (NOT INCLUDED IN SCOPE)
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of
ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate
effectively, coordinate internally and externally as needed, and proactively address issues with
the CITY's Project Manager and others as necessary to make progress on the work.
1.1. Managing the Team
• Lead, manage and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Conduct and document periodic design team meetings.
• 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.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 1 of 22
• Conduct and document monthly project update meetings with CITY Project Manager.
• Conduct review meetings with the CITY at the end of each design phase.
• Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the respective
CITY Department.
• Prepare and submit an updated Project Schedule and Project Schedule updates with a
schedule narrative. The Project Schedule is to be submitted to the CITY Project Manager
on a monthly basis.
• Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the
end of the project.
• Prepare information for Benefits Review & Summary meeting with CITY and CITY's
program manager consultant
ASSUMPTIONS
• ENGINEER will 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.
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
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 2 of 13
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate
through the defined deliverables, and recommend the design concept that successfully
addresses the design problem, and to obtain the CITY's endorsement of this concept.
ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM Criteria
Manual for Site Development and Construction for conceptual planning and design.
ENGINEER will develop the conceptual design of the infrastructure as follows.
2.1. Drainage Computations — Perform hydraulic analysis of storm drain improvements to
verify the hydraulic grade line is lowered adequately to mitigate flooding/ponding
upstream of Old Burleson Road.
2.1.1 Convert the InfoWorks SD model of the existing storm drain system to the
InfoWorks ICM format. The existing conditions storm drain model developed
previously will be used to determine where storm water is expected to surcharge
the existing pipe network.
2.1.2 Add the proposed storm drain improvements developed under the original scope
to the InfoWorks model and run the model for the 5-, 10-, 25-, 50- and 100-year
frequencies. The proposed conditions InfoWorks model will consider storm drain
improvements for the area west of Interstate Highway 35-W only.
2.1.3 Prepare comparative exhibits showing the surface inundation expected for the 5-,
10-, 25-, 50- and 100-year frequencies with the proposed storm drain
improvements in place.
2.2. Subsurface Utility Engineering (SUE)
2.2.1. Perform SUE Level B to update and supplement the SUE information obtained in
the previous authorized SUE investigation (Exhibit A) along the proposed storm
drain route from Old Burleson Road to the southbound frontage road of Interstate
Highway 35-W.
2.2.2. Perform SUE Level A at all sanitary sewer services to obtain clean-out elevations
for the services that will cross the proposed storm drain and at one (1) additional
location.
Quality Level D
• Conduct appropriate investigations (e.g., owner records, County/CITY records,
personal interviews, visual inspections, etc.), to help identify utility owners that may
have facilities within the project limits or that may be affected by the project.
• Collect applicable records (e.g., utility owner base maps, "as built" or record
drawings, permit records, field notes, geographic information system data, oral
histories, etc.) on the existence and approximate location of existing involved utilities.
• Review records for: evidence or indication of additional available records; duplicate
or conflicting information; need for clarification.
• Develop SUE plan sheets and transfer information on all involved utilities to
appropriate design plan sheets, electronic files, and/or other documents as required.
Exercise professional judgment to resolve conflicting information. For information
depicted, indicate: utility type and ownership; date of depiction; quality level(s); end
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 3 of 13
points of any utility data; line status (e.g., active, abandoned, out of service); line size
and condition; number of jointly buried cables; and encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field observations,
that are surface appurtenances of subsurface utilities.
• Include survey and correlation of aerial or ground-mounted utility facilities in Quality
Level C tasks.
• Survey surface features of subsurface utility facilities or systems.
• The survey shall also include (in addition to subsurface utility features visible at the
ground surface): determination of invert elevations of any manholes and vaults;
sketches showing interior dimensions and line connections of such manholes and
vaults; any surface markings denoting subsurface utilities, furnished by utility owners
for design purposes.
• Exercise professional judgment to correlate data from different sources, and to
resolve conflicting information.
• Update (or prepare) plan sheets, electronic files, and/or other documents to reflect
the integration of Quality Level D and Quality Level C information.
• Recommend follow-up investigations (e.g., additional surveys, consultation with utility
owners, etc.) as may be needed to further resolve discrepancies.
• Provide Quality Level C to identify overhead utilities on the project and provide the
overhead utility information on the SUE plan sheets.
Level B (includes tasks as described for Quality Level C)
• Select and apply appropriate surface geophysical method(s) to search for and detect
subsurface utilities within the project limits, and/or to trace a particular utility line or
system.
• Based on an interpretation of data, mark the indications of utilities on the ground
surface for subsequent survey. Utilize paint or other method acceptable for marking
of lines.
• Unless otherwise directed, mark centerline of single-conduit lines, and outside edges
of multi-conduit systems.
• Resolve differences between designated utilities and utility records and surveyed
appurtenances.
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical methods,
exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with CITY's
approval, utilize other means of data collection, storage, retrieval, and reduction, that
enables the correlation of surface geophysical data to the project's survey control.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 4 of 13
• Provide general soil type and site conditions and such other pertinent information as
is reasonably ascertainable from each test hole site.
2.3. Prepare Conceptual (30%) Design Package, including:
2.3.1. Letter Report — Prepare an updated letter report summarizing the assumptions
made, methodologies used, and the conclusions reached during the hydraulic
analyses, including a recommendation regarding the design frequency to be
used for the subsequent design tasks of the project. The report will also include
the engineer's opinion of probable construction costs and an exhibit illustrating
the scope of the proposed storm drain improvements.
2.3.2. Conceptual Plan Sheets — It is anticipated the Conceptual (30%) submittal will
include the following, including those identified in the original contract and
subsequent amendments:
2.3.2.1. Drainage Area Map — Hammond St. map, revised to include the latest
storm drain layout.
2.3.2.2. Drainage Calculations — Hammond St. calculations revised to reflect the
conceptual storm drain improvements. Two additional sheets will be
included in the conceptual plan sheet to summarize the InfoWorks
hydraulic modeling: InfoWorks model layout (schematic) and
calculations summary.
2.3.2.3. Project Layout Sheet.
2.3.2.4. SUE Plan Drawings
2.3.2.5. Plan and Profile (Storm Drain)
2.3.3. Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual
for Site Development and Construction. Include documentation that the
proposed storm water project will not impact upstream and downstream
properties.
2.3.4. Project Decision Log.
2.3.5. Estimate of Probable Construction Cost — updated to include the conceptual
storm drain improvements.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• 17 sanitary sewer clean-outs will be exposed as surveyed as part of the SUE
Level A investigation.
• The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02.
• One (1) test hole may be required to identify utility conflicts along the proposed storm
drain route.
• 4 copies of the conceptual design package will be delivered. Drawings will be
half size (11" x 17").
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 5 of 13
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
• All submitted documents and checklists will also be uploaded t the designated
project folder in Buzzsaw
• ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual (30%) Design Package.
B. Conceptual iSWM Checklist
TASK 3. PRELIMINARY DESIGN (60 PERCENT).
Upon written approval by CITY of the conceptual design, ENGINEER will develop the
preliminary design of the infrastructure.
3.1. Development of Preliminary Design Drawings shall include the following:
3.1.1. Drainage Calculations Sheet — Update the InfoWorks computations summary
sheets for the Hammond Street improvements to reflect changes from the 30%
submittal.
3.1.2. Project Layout Sheets, at a scale of not less than V=100', showing the overall
layout of the proposed storm drain improvements for the Hammond and Hopkins
areas. If legible, a key map of the plan/profile sheets may be added to the project
layout sheet for the Hammond Street area.
3.1.3. Plan and profile drawings of proposed storm water improvements, including
existing lot layout with property ownership, streets, curb lines, driveways,
medians (if applicable), sidewalks, existing and proposed water and sanitary
sewer mains, existing utilities gathered during the SUE and existing utility
easements within the project limits.
3.1.4. ENGINEER shall prepare detail sheets for special drainage and structural details
not included in the City's standard details drawings, including a junction box at the
downstream limit of the proposed improvements (IH-35W inlet connection) and at
sanitary sewer conflict areas (sewer pipe through storm drain structure).
3.2. Geotechnical Investigation/Pavement Design
3.2.1. Soil Investigation. 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 (Exhibit B).
The ENGINEER shall prepare a detailed geotechnical engineering study and
pavement design in conformance with the City of Fort Worth Pavement Design
Standards Manual, 2005. The study shall include recommendations regarding
utility trenching and identifying existing groundwater elevation at each boring.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 6 of 13
3.2.1.1. Four (4) soil borings will be performed along the proposed storm drain
alignment within existing residential street rights-of-way to a depth of 15
feet:
• Intersection of Timothy St. and Spurgeon St.
• Intersection of Hammond St. and Timothy St.
• Intersection of Hammond St. and Old Burleson Road
• Parking lot just west (upstream) of the TxDOT inlet on the
southbound frontage road of Interstate Highway 35W.
3.2.1.2. Four (4) pavement corings will be performed along the proposed storm
drain alignment within existing residential street rights-of-way and in
parking lots to a depth of 5 feet.
3.2.2. Trenching & Pavement Recommendation. Using the developed for the soil
investigation, ENGINEER shall provide a recommendation to CITY regarding
trenching and pavement replacement.
3.2.3. Pavement Design. Following CITY's review of the pavement recommendation,
and upon consultation with CITY, ENGINEER shall prepare pavement design
plans for the replacement of the full width of the streets along the project
(Hammond and Timothy Streets)
3.3. iSWM Construction Plan for SWPPP
ENGINEER shall prepare an iSWM construction plan (formerly referred to as the erosion
control plan) in accordance with the 2012 City of Fort Worth Integrated Stormwater
Management Criteria Manual. The additional effort required for the iSWM construction
plan will be to include a summary of the design computations for the erosion control
measures on the erosion control measures drawing, which was not included in the
original contract. ENGINEER will provide the iSWM Construction Plan to the contractor,
and the contractor will be responsible for preparing and submitting the SWPPP to the
appropriate regulatory agencies and implementing the procedures outlined in the
SWPPP.
3.4. Engineer will complete and submit the Preliminary iSWM Checklist in accordance with
the current iSWM Criteria Manual for Site Development and Construction.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
• The soil boring locations can be accessed by a truck-mounted drilling rig and do not
require clearing for boring access
• 4 borings at an average bore depth of 15 feet each will be provided.
• 4 pavement corings at an average bore depth of 5 feet each will be provided.
• Engineer will review the geotechnical data for the soil borings and pavement corings
and provide CITY with a recommendation regarding trench safety and pavement
rehabilitation/replacement. CITY will determine whether pavement overlay (POL) or
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 7 of 13
(MOL) mill and overlay will be used for pavement repair. The limits of pavement
rehabilitation/replacement will be identified on the pavement
rehabilitation/replacement layout sheet. Pavement design is not included in this
Scope of Services.
• 2 copies of the geotechnical report will be delivered to CITY.
• 0 full size plans will be delivered for Utility Clearance.
• 1 full size 5 half size plans will be delivered for Constructability Review.
• 10 half size 1 full size drawings will be delivered for Preliminary Design.
• 2 copies of the specifications will be delivered to CITY for Preliminary Design.
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
• All submitted documents and checklists will also be uploaded to the designated
project folder in Buzzsaw.
• ENGINEER shall not proceed with Final Design activities without written approval by
the CITY of the Preliminary Design plans.
DELIVERABLES
• Preliminary Design drawings
• Preliminary iSWM Checklist
• Utility Clearance drawings
• Geotechnical Report
• Documentation of key design decisions (Project Decision Log)
• Estimates of probable construction cost
• Public Meeting exhibits
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:
4.1. Final draft (90%) construction plans and specifications, plus the Final iSWM
Construction Plan.
4.2. Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site
Development and Construction, which will serve as a quality assurance review to verify
the items required for the iSWM Construction Plan have been addressed. ENGINEER
shall prepare an iSWM Construction Plan for the project to be provided to the contractor
for the contractor's development of a Stormwater Pollution Prevention Plan (SWPPP).
4.3 Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 8 of 13
sheet shall be stamped, dated, and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
• All storm water calculations and design shall conform to the current CITY iSWM Criteria
Manual for Site Development and Construction.
• 10 half size 11"x17" drawings will be delivered for the 90% design.
• A DWF file for the 90% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• 2 full size 22"x34" drawings and 2 specifications will be delivered for the 100%
design.
• A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
• The following is an estimated final sheet list for both the Hopkins Ct. and Hammond St.
areas, including the sheets anticipated in the concept design contract (denoted by an X):
(X) Cover Sheet (1)
(X) Drainage Area Maps (2) — one for Hopkins Ct., one for Hammond St.
(X) Drainage Calculations Sheet (3) — Hammond St. only
( ) Project Control Sheet— Hammond St.
( ) Overall Project Layout Sheet— Hammond St.
( ) Easement Layout Sheet— Hopkins Ct.
( ) SUE Plan Sheet (2) — Hammond St. and Hopkins Ct.
(X) Plan and Profile Drawings (6) —two for Hopkins Ct. and four for Hammond St.
( ) Pavement Rehabilitation/Replacement
(X) Standard, Structural and Special Details (8)
( ) iSWM Construction Plan Calculations Sheet (3) — one for Hopkins Ct. and two for
Hammond St.
( ) Landscape Plan — Hopkins Ct.
DELIVERABLES
A. 90% construction plans specifications.
B. 100% construction plans and specifications.
C. Final iSWM Checklist
D. Documentation of key design decisions (Project Decision Log).
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 9 of 13
E. Detailed estimates of probable construction cost for the authorized construction project,
including summaries of bid items and quantities using the CITY's standard bid items and
format.
F. 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
• Attend the pre-bid conference in support of the CITY.
• Attend the bid opening in support of the CITY.
• Incorporate all addenda into the contract documents and issue conformed sets.
5.2 Final Design Drawings
• Final Design Drawings shall be submitted as an Adobe Acrobat PDF format
(version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and
one (1) DWF file (created from CAD application of drawing) 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 filess 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:
1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is of
an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
11. 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 Record Drawing folder in
Buzzsaw.
• 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
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 10 of 13
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.
• The evaluation of alternate bid items is not included in the scope of services.
• 20 sets of construction documents will be sold to and made available on Buzzsaw
for plan holders and/or given to plan viewing rooms.
• 10 half size 11"x17" and 10 sets of full size plans and specifications will
be delivered to CITY.
• 4 sets (1 bound and 3 unbound) of conformed construction documents will
be delivered to CITY.
• PDF, DWF and DWG files will be uploaded to Buzzsaw.
DELIVERABLES
• Addenda
• Bid tabulations
• CFW Data Spreadsheet
• Recommendation of award
• Construction documents (conformed)
• CD containing final drawings
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 11 of 13
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
6.1.1. ENGINEER shall visit the project site at requested intervals as construction
proceeds to observe and report on progress.
6.1.2. ENGINEER shall attend the "Final" project walk through and assist with
preparation of final punch list.
TASK 7. ROW/EASEMENT SERVICES.
ENGINEER will support and perform activities related to ROW and easements as outlined
below, per scoping direction and guidance from the CITY's Project Manager.
7.1. 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 documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
7.2 Temporary Right of Entry Preparation and Submittal
• Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right
of Entries from landowners. It is assumed that letters will only be required for land
owners adjacent to temporary construction easements or who are directly affected by
the project and no easement is required to enter their property.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
DELIVERABLES
A. Right-of-Way, easement exhibits and metes and bounds provided on CITY forms.
B. 2 right-of-entry agreements will be prepared and delivered to the City.
TASK 8. SURVEY.
8.1 ENGINEER will perform a topographic field survey of the area within the Tri-Color auto
dealership (Exhibit C) to supplement data obtained in previous surveys.
ASSUMPTIONS
• Construction surveys will be performed by CITY and are not included in this scope of
service.
• 1 right-of-entry agreements for survey access will be provided.
DELIVERABLES
• Copies of field survey data and notes signed and sealed by a licensed surveyor.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 12 of 13
• Drawing of the project layout with dimensions and coordinate list.
• Exhibit showing the location of all trees greater or equal to 10-inch caliper in
diameter within the anticipated construction area, with identification of each whether
to be removed or to be saved during construction.
TASK 9. PERMITTING. (NOT INCLUDED IN SCOPE)
TASK 10. PLAN SUBMITTAL CHECKLISTS. (NOT INCLUDED IN SCOPE)
Additional Services not included in the existing Scope of Services — CITY and ENGINEER
agree that the following services are beyond the Scope of Services described in the tasks
above. However, ENGINEER can provide these services, if needed, upon the CITY's written
request. Any additional amounts paid to the ENGINEER as a result of any material change to
the Scope of the Project shall be agreed upon in writing by both parties before the services are
performed. These additional services include the following:
• Negotiation of easements or property acquisition.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
• Construction management and inspection services
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake or other acts of God.
• Services related to warranty claims, enforcement and inspection after final completion.
• Services to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
City of Fort Worth,Texas
Attachment A
PMO Release Date:07/23/2012
Page 13 of 13
ATTACHMENT B
COMPENSATION
Design Services for
Design of Phase I Hammond Street and Timothy Drive Drainage Improvements
City Project No. 00488
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $267,606 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth,Texas
Attachment B
PMO Official Release Date: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
Dunaway Associates $183,771 77%
Proposed MBE/SBE Sub-Consultants
Gorrondona &Assoc. Survey, geotechnical $18,285 8%
The Rios Group SUE $35,550 15%
Non-MBE/SBE Consultants
TOTAL $237,606 100%
Project Number& Name Total Fee MBE/SBE Fee MBE/SBE
Design of Phase I Hammond Street and $237,606 $53,835 23%
Timothy Drive Drainage Improvements
City MBE/SBE Goal = 23% Consultant Committed Goal = 23 %
City of Fort Worth,Texas
Attachment B
PMO Official Release Date:8.09.2012
Page 2 of 3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Design of Phase I Hammond Street and Timothy Drive Drainage Improvements
City Project No. 00488
None.
City of Fort Worth,Texas
Attachment C
PMO Release Date:05.19.2010
Page 1 of 1
Consulting Contract Schedule Specifications FORT WORTH
City of Fort Worth Capital Improvement Program
WE
Attachment D - Project Schedule
This PROTECT requires a Tier 3 schedule as defined herein and in the Cihl's Schedule Guidance
Document.
Dl. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall
prepare schedules for consulting services that meet the requirements described in this
specification, showing by Critical Path Method (CPM) the planned sequence and timing of
the Work associated with the Agreement. All submittals shall be submitted in PDF format,
and schedule files shall also be submitted in native file format (i.e. file formats associated
with the scheduling software). The approved scheduling software systems for creating the
schedule files are:
- Primavera (Version 6.1 or later or approved by CITY)
- Primavera Contractor (Version 6.1 or later or approved by CITY)
- Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT)
D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the
CONSULTANT shall develop, submit and review the draft detailed baseline consulting
services schedule with the CITY to demonstrate the CONSULTANT's understanding of the
Agreement requirements and approach for performing the work. The CONSULTANT will
prepare the final detailed baseline consulting services schedule based on CITY comments, if
any, and submit to the CITY no later than the submittal of the first project invoice.
The following guidelines shall be adhered to in preparing the baseline schedule, and as
described in further detail in the CITY's Schedule Guidance Document.
a. The scope shall be subdivided by work breakdown structure (WBS) representing the
tasks, subtasks, and activities associated with delivering the work.
b. The schedule shall accurately describe the major work activities, key milestones, and
dependencies/relationships as appropriate to the work.
c. The schedule should include appropriate meetings, review periods, critical decision
points, including third party utility dependencies and reviewing agencies.
D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare
and submit monthly to the CITY for approval the updated schedule in accordance with D1
and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses,
the CONSULTANT shall enter into the schedule and record actual progress as described in
the CITY's Schedule Guidance Document.
The updated schedule submittal shall also include a concise schedule narrative that
highlights the following,if appropriate and applicable:
• Changes in the critical path,
• Expected schedule changes,
• Potential delays,
• Opportunities to expedite the schedule,
• Coordination issues the CITY should be aware of or can assist with,
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 1 of 2
• Other schedule-related issues that the CONSULTANT wishes to communicate to the
CITY.
D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work
accomplished falls behind that scheduled due to factors within the CONSULTANT's
control, the CONSULTANT shall take such action as necessary to improve the progress of
the Work. In addition, the CITY may require the CONSULTANT to submit a revised
schedule demonstrating the proposed plan to make up the delay in schedule progress and
to ensure completion of the Work within the allotted Agreement time.
D5. SCHEDULE TIERS SPECIAL INSTRUC I IONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule tier for this project is stated at the top of this document.
CONSULTANT shall submit each schedule relying on the CITY's current Schedule
Guidance Document.
D6. SCHEDULE SUBMITTAL AND PAYMENT:
As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information
required by Attachment D. CONSULTANT's monthly invoices will not be accepted and
processed for payment without monthly schedule updates that are submitted in the time
and manner required by Attachment D and the CITY's current Schedule Guidance
Document.
City of Fort Worth,Texas
Attachment D
PMO Release Date:02.15.2011
Page 2 of 2
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ATTACHMENT E
PROJECT LOCATION
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N Drainage Improvements
City Project No. 00488 + y A
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Nl&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTOR fl
COUNCIL ACTION: Approved on 1/27/2015
DATE: 1/27/2015 REFERENCE **C-27156 LOG NAME: 20SW HAMMOND DESIGN
NO.. —
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Engineering Services Agreement with Dunaway Associates,
LP, in the Amount of$237,606.00 for the Design of Phase I Hammond Street and
Timothy Drive Drainage Improvements (CITY COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Engineering Services
Agreement with Dunaway Associates, LP, in the amount of$237,606.00 for the design of Phase I
Hammond Street and Timothy Drive Drainage Improvements.
DISCUSSION:
The Engineering Services Agreement recommended by this Mayor and Council Communication will
provide for the design of Phase I Hammond Street and Timothy Drive Drainage Improvements. This
project will reduce the probability of residential and commercial property flooding and roadway
overtopping which occurs to properties along Hammond Street, Timothy Road, and Old Burleson
Road west of IH-35, within the Fair Oaks watershed.
On March 6, 2007, the City Council authorized an Agreement with Dunaway Associates, LP, to
provide preliminary analysis and engineering (M&C C-21995). Upon completion of preliminary
analysis, associated amendments were issued for a feasibility study and evaluation of detention
options. A comprehensive improvement plan was developed for the watershed and individual projects
were identified for phased construction.
Dunaway Associates, LP, proposes to perform the Phase I design services for a fee in the amount of
$237,606.00. Staff considers the fee to be fair and reasonable for the scope of services proposed.
Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects
Bond Fund.
M/WBE Office- Dunaway Associates, LP, is in compliance with the City's BIDE Ordinance by
committing to 23 percent SBE participation. The City's SBE goal on this project is 23 percent.
This project is located in COUNCIL DISTRICT 9, Mapsco 398 B3.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Stormwater Capital Projects Bond Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
P227 531200 209280048830 $237,606.00
Submitted for City Manager's Office by: Fernando Costa (6122)
http://apps.cfwnet.org/council_packet/me_review.asp?ID=20669&councildate=1/27/2015 3/3/2015
t
M&C Review Page 2 of 2
Originating Department Head: Douglas W. Wersig (7801)
Additional Information Contact: Debbie Willhelm (2481)
ATTACHMENTS
00488.Map.pdf
http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=20669&councildate=1/27/2015 3/3/2015
MAYOR AND COUNCIL COMMUNICATION MAP
PH I Hammond St. & Timothy Dr. Drainage Improvements
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