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HomeMy WebLinkAboutContract 47974 CITY SECRETA1iY CONTRACT NO. �p16 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 Wade-Trim Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Forty Oaks Detention Basin Improvements (CPN 100117). 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 $150,000 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CI'T'Y SECRETARY PC, 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:9/24/2014 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9124/2014 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6of16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:912412014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article ME. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort Worth,Texas Standard Agreement for Engineering Reiated Design Services Revised Daw 9/24/2014 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER' 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; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 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' personnel and subcontractors, and ENGINEER' compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No. 2016-44581 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 Data:9/24/2014 Page 15 of 16 Executed and effective this the j � da Y , 20� BY: BY: CITY OF FORT WORTH ENGINEER Wa -T i Associ t , Inc. �^ Jesus J. Chapa David Sp er Assistant City Manager Vice President Date: -7-/ 3,—/(, Date: 6/3/16 APPROVAL RECOMMENDED: By: Douglas iersig, P.E. Director, Trarfsportation and Public Works APPROVED AS TO FORM AND M&C No.: C ' Z4 111 LEGALITY M&C Dpt 6 - z1- By: Douglas W. Black Assistant City Attorney � R y ter. ATTEST: �4. M ry J. K f City Secret ry OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services TARY Revised D 9/24/2014 FT. WORTH, T" Page 16 of 16 r7 A Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 Preface 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. Project Area Description: —The Dallas and Wilson detention basins are located in the upstream headwater areas of the Woodhaven Creek drainage district. The basins were constructed in about 1991 to mitigate flooding in the Forty Oaks storm drain pipeshed (Plan File No. S-556). A drainage study was completed on the open channel portion of Woodhaven Creek north of Meadowbrook Road in 2012. That study included tributary flows from this area, but did not include a detailed hydraulic evaluation of the detention basins and the enclosed storm sewers south of Meadowbrook Road. A map showing the project area is presented in Exhibit E. The upstream tributary areas to the Dallas and Wilson detention basins are 269 and 132 acres, respectively. An additional 213 acres of drainage area is located downstream of the ponds and south of Meadowbrook Road that include enclosed storm sewers. These downstream sewers will not be included as part of this project. Instead, a free discharge will be assumed from the two detention basins. The upstream tributary stormwater drainage system serves a predominantly residential area and consists of primarily a closed conduit storm sewer system. The Dallas and Wilson detention basins are large open grassy dry ponds with a narrow concrete channel in the center. The ponds were built without modern features such as sediment forebays or multi stage outlet structures. The outlets of these detention basins are equipped with tight grates that are more prone to clogging. The detention basins are unattractive and completely fenced providing no additional recreation or aesthetic benefit to the local community. The current configuration of these basins and associated outlets provide reduction of peak flow from large storm events with little peak flow reduction for the smaller, more frequent storm events. It does not appear that the ponds were sized to address multi-frequency storm events. Also, the current pond design provides little water quality benefit through the removal of solids and the associated attached nutrients. Recently the City acquired several additional vacant lots adjacent to the Dallas basin that could be used to expand the basin to provide a forebay. City of Ft.Worth Attachment A Page 1 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 Purpose & Needs: — Fort Worth would like to improve the performance of the Dallas and Wilson dry detention basins to meet current stormwater control standards. With this primary goal in mind, Fort Worth has requested a conceptual design to retrofit the existing detention basins and more effectively control runoff from small more frequent storms as well as improve the water quality performance of these basins through pollutant removal, and provide for enhancements to the community in the form of improved aesthetics and recreation/open space amenities. These improvements to the basins would include basin-wide best management practice retrofits to address multi- frequency storms as well as to reduce the downstream impacts to the Woodhaven Creek through a reduction in peak flow and reduction in nutrient load. The narrative that follows is a work plan describing the approach for modeling the hydrology and hydraulics of the system in conjunction with development and selection of a retro-fit conceptual design for achieving the project goals as noted above. Objectives: • Assess existing condition of the detention basins to determine deficiencies and identify retrofit needs. • Provide recommendations to the City to significantly increase the level of service of the existing Dallas and Wilson detention basins in order to improve water quality, and attenuate peak flow rates for a larger range of storm events. • Update the detention basins to include a water quality sediment forebay that does not hold standing water. • Include a larger storage compartment and outlet structure that provides attenuation for a larger range of storms beginning with the 2-year storm. • Address local drainage problems around the north side of both basins. • Recommendations shall be affordable, acceptable, and constructible. • Develop alternatives to improve the performance of Dallas and Wilson detention basins from quantity and quality standpoints. Alternatives will also evaluate features to improve the operation and maintenance of the facilities. • The alternatives will take into consideration the potential for using a portion of the basins' footprint for recreational uses by the local communities as well as improvements to the aesthetic and ecological functions of the basins. • Avoid increases in flood risk elsewhere, including both upstream and downstream systems. • Provide a preferred detention basin retrofit conceptual design that demonstrates that the proposed plan is feasible, acceptable, and constructible. City of Ft.Worth Attachment A Page 2 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 Basic Services Task 1 - Project Management The ENGINEER's project management activities shall include task leadership and direction, telephone and written communication, monthly project update meetings, project status reports, project schedule and updates, and personnel and data management among other general project management activities. Any delays to the project schedule shall be in writing to the City of Fort Worth for review and approval. The ENGINEER shall attend the project kickoff meeting with a proposed schedule for task sequence and completion. The ENGINEER's Project Manager shall schedule and lead all project meetings. Meeting notes shall be submitted to the City of Fort Worth's Project Manager within five working days after each meeting. The ENGINEER shall attend one public meeting to present the City's preferred retrofit alternative. The ENGINEER will provide to the City project information regarding proposed retrofit alternatives for public outreach. The ENGINEER will fully document all relevant hardware, software, file structures, and data formats used during the project. The ENGINEER shall update a Project Certification and Decision Log to be submitted at the completion of the project. Task 1 Deliverables: • Documentation • Project Schedule • Support Data — Relevant meeting notes and email correspondence, project status updates, and action items for ENGINEER, sub-consultants, and the City of Fort Worth. • Completed Project Certification and Decision Log upon completion of the project. • Meeting summaries with action items • Monthly invoices • Monthly progress reports • Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes • Monthly M/WBE Report Form and Final Summary Payment Report Form Task 2: 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 City of Ft.Worth Attachment A Page 3 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 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. Task 2.1 Data Collection Dataset Search and Collection The City of Fort Worth will provide the ENGINEER with the following watershed data in GIS format, in addition to the available models and reports: stream centerlines, street centerlines, current aerial imagery, current TNRIS LiDAR points in LAS format and associated current ESRI terrain surface, current subbasin delineations (may not be delineated for each site), citizen service requests (if available) and zoning maps. Historical rainfall data and the as-built drawings of the hydraulic structures may be available from the City. The ENGINEER shall submit a written request to FEMA for all relevant available data from the effective Flood Insurance Study (FIS) including but not limited to: LOMRs, hydrologic and hydraulic data, reports, working maps, etc., as required by the project. Any errors identified or revisions made to the base data, watershed boundary, or other datasets shall be reported and discussed with the City's Project Manager. The City of Fort Worth's Storm Water Management Division shall assist the ENGINEER in locating required data available from the City, but the ultimate responsibility for identifying data needs and for finding, collecting, developing, analyzing, and creating all necessary data shall reside with the ENGINEER. If required data is unavailable, the ENGINEER shall inform the City in writing and discuss with the City's Project Manager for actions or determination. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. In addition, ENGINEER will investigate if any permits are needed for the project. Field Reconnaissance The ENGINEER shall perform field reconnaissance to become familiar with the project area, hydraulic and hydrologic structures, land use, vegetative and land cover, special City of Ft.Worth Attachment A Page 4 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 features and problems within the detention basin area. Be aware that not all stormwater conveyance features are contained within City easements therefore property owner permission must be obtained by the ENGINEER to access private property. The ENGINEER shall document the reconnaissance findings with labeled digital photographs. The ENGINEER shall document physical characteristics of the detention basin area relevant to analysis, including but not limited to: specific features of all major detention ponds and outlet discharge structures, vegetative and built structure conditions, types and number of hydraulic structures, structure condition, hydraulic structures, any locations and descriptions of basin cross-sections to be surveyed. Photos shall be taken of all relevant physical infrastructure observed in the field. Field investigations will be conducted to assess the structural condition of the existing outflow spillway and associated grates at the existing Dallas and Wilson detention basins. Field Surveys All stormwater conveyance elements pertinent to the existing detention basins will be surveyed. Features to be surveyed include (but are not limited to) trees, inlet and outlet structures, storm drain curb inlets, grate inlets, manholes, pipe inverts for all pipes entering or exiting the basins. Benchmarks shall be located and recorded for survey control. Available elevation reference marks shall be located and recorded at surveyed elements. The ENGINEER shall establish primary and secondary control points for survey. Field surveys of basin cross-sections (if needed) shall be representative of the natural ground of the basin and overbanks. The basin surveys will be of sufficient detail to understand the basin elevation contours and stage storage characteristics. Measurements and survey points defining the geometry of the hydraulic structures shall all be recorded in field notes which will be include in the project deliverables. Field survey notes shall represent graphically and clearly, in plan and profile view, what was surveyed, photographed, and recorded. All of the sketches should depict the upstream face of the structure as well as the direction of flow. The ENGINEER shall submit the survey data as text files and in a GIS shapefile format. Task 2.1 Deliverables: • Documentation o Data Collection — Summary of Data Collection efforts and methodology including a list of all data collected and sources. City of Ft.Worth Attachment A Page 5 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 o Field Surveys — Summary of field survey efforts including datum's and benchmarks used, coordinate system used, grid to surface conversion factors. • Project Control showing location of all control points, benchmarks, and elevation reference marks. • Data sheets for benchmarks • Overall survey showing locations of all surveyed elements. • Digital Data • Data Collection — Data collected from the City and other sources for the project. • Field Surveys • Text Files: Survey text files in ASCII format of primary control points, secondary control points, elevation reference marks, surveyed hydraulic structures and stream cross-sections. • Field Notes: Field notes in PDF format of surveyed hydraulic structures and stream cross-sections. • GIS Files: Shapefiles of survey data of primary control points, benchmarks, elevation reference marks, and topo survey shots. • CAD files with all survey points • One set of CD/DVDs containing electronic versions of all information (intermediate and final data and photos) gathered in this Task. Task 2.2 Drainage Computations The ENGINEER shall perform hydrologic and hydraulic analysis of the drainage system in the project area. The hydrologic analysis shall include quantification of runoff rates for both fully developed land use conditions as well as existing land use conditions for the watershed. The hydrologic analysis shall be based on the City of Fort Worth iSWM Criteria Manual for Site Development and Construction and rainfall depths provided in Table 5.15 of the iSWM Hydrology Technical Manual, April 2010. The hydraulic analysis shall be performed on the existing drainage system using methods consistent with the City of Fort Worth iSWM Criteria Manual for Site Development and Construction. These analyses shall be performed for the, 2-year, 5-year, 10-year, and 100-year storms. The City of Fort Worth iSWM Criteria Manual will be used to run the water quality analysis. More detail describing the methods, tools, parameters, etc. to be used for this project described below. Hydrology The area tributary to both of the Wilson and Dallas detention basins have been previously delineated and modeled as part of the Woodhaven Creek open channel City of Ft.Worth Attachment A Page 6 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 study completed in October 2012. The 2012 model was developed within the HEC-HMS Model framework developed by the US Army Corps of Engineers. The model of this area included 269 acres tributary to the Dallas Basin and 132 acres tributary to the Wilson basin. The hydrology within the HEC-HMS model used the soil conservation service (SCS) unit hydrograph method for developing flows and the Muskingum-Cunge method for flow routing. This model was developed based on available land-use, soil data, and digital elevation model from the Fort Worth GIS database available at that time. Although the analysis for the previous Woodhaven Creek study was sufficiently detailed for use in the open channel evaluation, we recommend an updated hydrologic analysis of the area tributary to the Dallas and Wilson detention basins based on the currently available GIS data from the Fort Worth GIS and a finer breakdown of subareas tributary to the detention basins. This update will ensure that the most current data is used for the hydrology. As part of this update, the tributary area will be broken down further into smaller subareas that can be routed with more detail through representation of the collection system. The hydrology calculations will continue to be modeled using the SCS unit hydrograph methodology within the HEC-HMS model framework. The smaller subareas will be defined based on the selection of inlet locations into the collection system. The peak runoff rates from this updated hydrology are not expected to differ significantly from the previous Woodhaven Creek study. This updated analysis will affect the distribution of the inflow to upstream collection system and provide more representative attenuation of the flow before entering the detention basins. The following subtasks will be performed to develop the hydrology models that are representative of fully developed conditions and existing conditions: 1. Delineate Watershed - The existing subarea delineation developed as part of the Woodhaven Creek Study will be verified based on the currently available digital elevation model and information related to the collection system. Break points for separate subarea boundaries will be developed at logical points such as at inflow points to the collection system, confluence of major components of the collection system, etc. The acreage for each subarea will be calculated at this point. 2. Develop Curve Numbers — Separate SCS curve numbers (CN) will be developed for each subarea. These curve numbers will be based on land use characteristics and soil type. 3. Laq Time —A separate lag time will be developed for each subarea. The lag time is dependent on the longest travel time flow path through the subarea. City of Ft.Worth Attachment A Page 7 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 Hydraulics The hydraulic representation of the collection system and the detention basins is necessary to determine their impact on the runoff hydrographs generated from the hydrologic model. Since the focus of the project is to develop conceptual design retrofits to the existing Dallas and Wilson detention basins, no changes to the upstream existing collection system are to be made. SWMM 5 will be used for hydraulic routing of the collection system and detention basins. Routing of flow through the collection system provides an opportunity to properly attenuate and reduce the peak flow. The detention basins will reduce the peak outflow by restricting the basin outlet forcing storage of the excess flow within the detention basin. The fully developed conditions routing will follow the same flow path as the pipe network, but will be modeled as an open channel stream with a generalized cross-section. Only the main trunk storm sewers will be represented in the upstream stormwater collection system up to the point of inflow to the detention basins. The collection system downstream of the detention basins will not be represented as part of this project. For the purpose of this project, a free discharge will be assumed from the outlet structure. Detention basin hydraulic features will be based on field survey measurements. The collection system both upstream of the detention basins will be modeled using existing GIS and as-built sewer plans available from City records. The collection system hydraulic model will be developed within the SWMM framework and include the following features: 1. Inlets— Inflow to the collection system will be modeled as simple inflows to the collection system at logical points in the system that correspond to the updated subarea delineations. 2. Storm Sewers — Storm sewers will be modeled as a link-node system. Pipe lengths, diameter, inverts and ground elevations will be based on GIS data when available, or record drawings. 3. Detention Ponds —The volume of each pond will be developed based on topographic survey data. Record drawing of the pond outlets will be used to develop the basin outlet representation in the model. An alternative stage- storage relationship for each basin will be developed based on the available footprint area and the design requirements to meet current basin design standards and to potentially provide a mixed use function. The Wilson basin has one outlet structure and the Dallas detention basin has two separate outlets. Each basin outlet will be included in the model.. Under alternative conditions City of Ft.Worth Attachment A Page 8 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 multi stage outlets with varying levels of flow restrictions will be evaluated to maximize the performance of the basins The Wilson and Dallas detention basins have three components; inflows, storage volume, and restrictive outlets. Below is a separated discussion of each of these components. Inflows — The Wilson and Dallas detention basins have two separate points of inflow. These points of inflow will be aggregated under fully developed conditions to determine the allowable outflow rate from the detention basins. Storage Volume —. Within the model, the storage compartments and associated outlet components will be modeled separately. Overflow weirs will be included for each outlet structure to allow flow to discharge from upstream compartments to downstream compartments as they become full for successively larger design storms. Inlet Structures — Inlet structures will be designed with sufficient energy dissipation to prevent erosion of the sediment forebay. Outlet Structures — Outlets structures will be designed to attenuate flow to fully developed conditions for the entire range of design storms starting with the 2-year storm. Using the model developed in this task, a series of model simulations will be run for the, 2-year, 5-year, 10-year, and 100-year storms. The City of Fort Worth iSWM Criteria Manual will be used to run the water quality analysis. The results from these simulations will be used size the compartments of the detention basins and associated outlet structures. Task 2.2 Deliverables: • Written summary of existing drainage system analysis, including methods, parameter selections, analysis tools used, other associated calculations, analysis results and conclusions. • Exhibits showing the location of existing infrastructure. • Tables showing results from the analysis for all storm events • Final GIS data developed as part of this analysis • Digital copies of project models or spreadsheet calculations City of Ft.Worth Attachment A Page 9 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 2.3 Subsurface Utility Engineering Investigation (SUE) Level B ENGINEER will perform a Level B SUE analysis for the project area in the vicinity of the existing detention basins as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables, and encasement. Quality Level C (Includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • 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. City of Ft.Worth Attachment A Page 10 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 • 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. The purpose of this analysis is identify potential utility conflicts so that proposed alternatives will either avoid them completely or adequately account for them in the construction cost estimate. If sufficient detail is not available from the Level B analysis for this determination, additional SUE analysis will be recommended which may be added as a contract amendment if needed, or conducted in later design phases as necessary. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. City of Ft.Worth Attachment A Page 11 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 Task 2.3 Deliverables: ■ SUE Level B Plan sheets sealed by a licensed professional engineer registered in the State of Texas. Task 2.4 Conceptual Design Package The ENGINEER will evaluate conceptual design alternative solutions for retrofit improvements to the Dallas and Wilson detention basins. While widespread storm drain improvements and/or additional detention volume might be needed to provide 100-year flood protection for this pipeshed, these improvements are considered infeasible and unaffordable. Any retrofit improvements should consider that the existing pipe system will remain with its current capacity. Design concepts will be developed to improve the performance, effectiveness, function and aesthetic quality of the existing detention basins. Basin footprints should remain unchanged with two exceptions. The first is for expansion in the area of the existing city- owned property on the southwest side of the Dallas basin. The second is to evaluate the cost and feasibility of acquiring the two residential lots on Wilson Road that would allow for the expansion of the Wilson basin eastward to Wilson Road. The ENGINEER will perform an initial feasibility assessment and develop alternative design concepts for each basin. This assessment shall be based upon the estimated cost, potential benefit, acceptability, and constructability. The ENGINEER will present these design concepts to the City to jointly decide on the inclusion or elimination of certain features. The ENGINEER will refine, revise, and potentially add features based upon the work session with City staff. The following specific items are to be addressed with the conceptual design: 1. Enemy dissbation. The remains of the rock rip-rap fans should be removed and alternate energy dissipation structures should be installed such that discharges into the basin do not cause erosion and scour but that appropriate vegetated area can be mechanically mowed. 2. Sediment forebays. Removal of excessive sediment distributed throughout these basins is a recurring maintenance item. The lots at the southwest corner of the Dallas basin were acquired specifically for installation of a sediment forebay and reconfiguring the main infall into the Dallas basin. A secondary infall into the City of Ft.Worth Attachment A Page 12 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 iSWM Criteria Manual is achieved by maximizing the flow path through the basin. This is to slow the flow of storm water through the basin, improve how plants use storm water to increase absorption and evapotranspiration, filter and trap common runoff pollutants, increase soil saturation/groundwater recharge and increase evaporation of storm water. The detention basin retrofits will generally involve relocating concrete low- flow channels, modifying outlet structures so basins detain water in small storms, re- grading to modify flow path, and re-vegetating with native plant species. Task 2.4 Deliverables 1. Conceptual Design Package to include the following items: • Written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Cover sheet • Drainage area map with supporting drainage computations. • Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02. Cipe of Ft.Worth Attachment A Page 14 of 15 Attachment "A" Scope of Services for Forty Oaks (Dallas-Wilson) Detention Basin Improvements Project No. 100117 • A project control sheet showing location of all control points, benchmarks, and elevation reference marks. • Ten (10) copies of the conceptual design package will be delivered. Drawings will be half size (11" x 17"). • DWG 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 Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. 2. Conceptual iSWM Checklist City of Ft.Worth Attachment A Page 15 of 15 ATTACHMENT B COMPENSATION Design Services for Forty Oaks Detention Basin Improvements City Project No. 100117 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $150,000 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 111. 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, Stormwater Management Division, 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 o Prime Consultant Wade Trim, Inc All Task $133,500 89 Proposed MBE/SBE Sub-Consultants Peloton Task 2.2 Surveying $9500 6.3 Rios Task 2.3 Level B SUE $7000 4.7 Non-MBE/SBE Consultants None TOTAL $ 150.000 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE CPN 100117 % Forty Oaks Detention Basin Improvements $ 150,000 $ 16,600 11.0 % City MBE/SBE Goal = 11 % Consultant Committed Goal = 11 % 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 a a � . § § I § 2 2 ( & � � \ \ kk § JC 7m 2 $ Z �0- a | f � 2 ( E ! { CL ! ) ! t0 J 2 ■ Gl LL � 0 / E ! \ 22 0 > I .. i \ k 0 ! \ k � 0. uj ! k c :c' 0 - a a $ tk \ k (§ / E ) \ § , (2 � 3 � § ���f ■ a: CL E j ■ � CU § � _ ■ � 0 e i 77 a EO § / _ D (L a FA � 2 k M a%k c {k / ° / k� E a a/ A v kkil�t S ! ! ! ! !& EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT B) CONCEPT DESIGN FOR FORTY OAKS (DALLAS WILSON) DETENTION BASIN IMPROVEMENTS PROJECT NO. 100117 PROFESSIONAL SERVICES FEE SUMMARY TASK FEE Task 1: Project Management $18,142 Task 2.1: Data Collection $35,829 Task 2.2: Drainage Calculations $38,809 Task 2.3: Level B SUE $8,050 Task 2.4: Conceptual Design Package $49,170 SERVICE TOTAL $150,000 EXHIBIT"B-3" Page 1 of 1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) CONCEPT DESIGN FOR Forty Oaks (Dallas-Wilson) Detention Basin Improvements SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility Amount Percent PRIME ENGINEER: Wade-Trim All Tasks $133,500 89.0 % SUB ENGINEER: Peloton Task 2.2 Surveying $ 9,500 6.3 % Rios Task 2.3 Level B SUE $ 7,000 4.7 % Total • Professional Servic- 1 111 100.0% Project Description Scope of Services Total Fee MWBE Fee Percent Forty Oaks (Dallas-Wilson) Detention $150,000 $16,500 11.0 % Basin Improvements Concept Design Project No. 100117 SUB ENGINEER. shall participate in performing portions of the following Tasks as outlined in Attachment "A": Peloton Task 2.2 Surveying $ 9,500 6.3 % Rios Task 2.3 Level B SUE $ 7,000 4.7 % Sub Engineer Non-MWBE Participation None 0% EXHIBIT"B-3A" Page 1 of 1 Mwa riw Y S�� �■ � � � � � i �� � � � ��,Si fl 8 8 8 8 8 B B $ we rsra L i s 8 a 6 8 w�aa�w f. 8 8 8 8 8 8 8 el 8 8 8 8 8 8 8 8 8 8 8 sae g LL ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Forty Oaks Detention Basin Improvements City Project No. 100117 None City of Fa ft.North,Texas Attachment C PMO Release Date:05.19.2010 Page t of I Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D -Project Schedule This PROJECT requires a Tier 1 schedule as is fined herein and in the Ci 's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) - Primavera Contractor (Version 6.1 or later or approved by CITY) - Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING 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 INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. C y of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 2 of 2 ATTACHMENT D FORTY OAKS DETENTION BASIN INMPROVEMENTS PROJECT SCHEDULE 2016 2017 Task June July Aug Sept Oct Nov Dec Jan Feb Mar April May June July Notice to Proceed(June 14,2016) Project Startup Data Collection and Fieldwork Drainage Calulations and Hydrology Conceptual Design Package Final Conceptual Design Close Out Attachment E Forty Oaks Detention Basins Improvements Project No. 100117 MORRIS #MORRIS Xi r ° ' , P _ r - w - C an 0 Air ORMA LU LU r � GREENLEE MK z�+ jo N ,a� HC S M1� t r FAW LPAI�0 �,,,, _ � a�� Al a DALLAS. k Apr " 1 �d � ' '� �',}`.: �' ,�I � � tea+►, 'S i - ° --it LU rL LU CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 it there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-44581 Wade Trim Roanoke,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 04/25/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. Contract Number- Engineering Design Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under,penalty of perjury,that the..'above disclosure is true and correct. KIM STRANGE Notary Public.State of Texas r +„ Comm.Expires 01-07-2017 �r nn�a Notary ID 129254046 Signature ofaut rizo,agent of contracting business entity ' AFFIX NOTARY STAMP/SEAL ABOVE Swum t0 and subscribed before me,by the said LJ`- v Y \�1 this the _day of 20�_,to certify which,witness my hand and seal of office. Signature of officer administeri, oath Printed name of officer administering oath Title of officer administering oath" Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/21/2016 DATE: Tuesday,June 21,2016 REFERENCE NO.: **C-27779 LOG NAME: 20SWM FORTY OAKS DETENTION SUBJECT: Authorize Execution of a Professional Services Agreement with Wade—Trim Associates,Inc.,in the Amount of $150,000.00 for Forty Oaks Detention Basin Improvements(COUNCIL DISTRICTS 5 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Wade—Trim Associates,Inc., in the amount of$150,000.00 for Forty Oaks Detention Basin Improvements(CPN 100117). DISCUSSION: The engineering Agreement recommended by this Mayor and Council Communication will provide for professional services to evaluate the existing conditions of the Dallas and Wilson dry detention basins constructed in 1991,and provide recommendations to significantly increase the level of flood protection provided by these basins. In heavy rain events, the area served by these basins still is subject to home and road flooding. A Request for Qualifications (RFQ)for a variety of stormwater professional services was published in the E, Worth Star—Telegram on May 21,2015 and May 28,2015. Fifty—five consultants responded to the RFQ,from which Wade—Trim Associates,Inc., was selected as the most qualified consultant for this work based on published selection criteria.The consultant,Wade—Trim Associates, Inc.,proposes to perform the scope of work for this contract for an amount not to exceed$150,000.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. Authorizations provided with this Mayor and Council Communication will result in no additional annual operating impact to the Transportation and Public Works Department's operating budget. M/WBE Office—Wade—Trim Associates,Inc.,is in compliance with the City's BDE Ordinance by committing to 11 percent SBE participation.The City's SBE goal for this project is 11 percent. This stormwater contract area is located in COUNCIL DISTRICTS 5 and 8,Mapsco 79F and 79K. FISCAL r INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations funds are available in the Fiscal Year 2016 Stormwater Capital Improvement Plan,as appropriated,of the Stormwater Capital Projects— Bonds Fund(59651). Fund(s) Current Budget Encumbrances&Actuals Budget Remaining Stormwater Capital Projects— $150,000.00 $0 $150,000.00 onds 59651 Total $150,000.00 $0 $150,000.00 FUND IDENTIFIERS(FIDs): T4 Fund Department ID Account Project ID Program ActivityBudget YearReference#(Chartfield 2)Amount FROM Department Project Budget Reference#(Chartfield Fund ID Account ID ProgramActivity Year 2) Amount 59651 0200431 5330500 100117 002830 2016 $150,000.00 CERTIFICATIONS: Submitted for City Ma ager's Office bye Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Mary Hanna (5565) ATTACHMENTS 1.CP100117—Wade Trim Compliance Memo.pdf (CM Intemal) 2.Form 1295 CP100117.pdf (Public) 3.Forty Oaks Detention Basin Improvements Requisition 1001 17,12d (CFW Intemal) 4.For y Oa s Map CP 100117.pdf (Public) 5.)eject 100117 Forty Oaks Detention Basin Budget Summary as of 20160525.JPG (CFw Intemal) 6. Sam search Results CP100117.pdf (CFwlntemal)