HomeMy WebLinkAboutContract 35190�,;i"r�`�` v�����AF��'����
CITY OF FORT WORTH,
TEXAS ' '�(�7P�l.i..s_4r`�'-��- �3� . `- -
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between the City of Fort Worth (the "CITY"), and Dunaway
Associates, L.P., (the "ENGINEER"), for a PROJECT generally described as: Storm
Water Utility Project — Hammond Street Drainage Improvements and Hopkins Court
Flume Reconstruction
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
Invoice and Payment
The Engineer shall provide the City sufficient documentation to reasonably
substantiate the invoices.
The ENGINEER will issue monthly invoices for all work performed under
this AGREEMENT. Invoices are due and payable within 30 days of receipt.
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
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, including interest. 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.
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� ORtGINAL
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 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 plastic film sheets, 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
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 2 of 21
(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, for any reason, the ENGINEER should
make an on-site observation(s), on the basis of such on-site observations, if
any, the ENGINEER shall endeavor to keep the CITY informed of any
deviation from the Contract Documents ceming to the actual notice of
ENGINEER regarding the PROJECT.
(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;
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 3 of 21
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.
I. Minority and Woman Business Enterprise (M/WBE)
participation
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In accord with City of Fort Worth Ordinance No. =�-33�0{�, the City has goals for the
participation of minority business enterprises and woman business enterprises in
City contracts. Engineer acknowledges the M/WBE goal established for this
contract and its commitment to meet that goal. 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.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 4 of 21
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of three (3) 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 three (3) 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 subcon-
sultant 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. ENGINEER's Insurance
(1) Insurance coverage and limits:
ENGINEER shall provide to the City certificate(s) of insurance documenting
policies of the following coverage at minimum limits that are to be in effect prior to
commencement of work on the PROJECT:
Commercial General Liability
$1,000,000 each occurrence
$$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident
or
$250,000 property damage
$500,000 bodily injury per person per accident
A commercial business auto policy shall provide coverage on "any auto",
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 5 of 21
defined as autos owned, hired and non-owned during the course of this project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim
$2,000,000 aggregate
Professional Liability Insurance shall be written on a project specific basis. The
retroactive date shall be coincident with or prior to the date of this contract and the
certificate of insurance shall state that the coverage is claims-made and the retroactive
date. The insurance coverage shall be maintained for the duration of this contract and for
five (5) years following completion of the contract (Tail Coverage). An annual certificate
of insurance shall be submitted to the City for each year following completion of this
contract.
(2) 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.
(a) 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.
(b) Certificate(s) of insurance shall document that insurance coverage
specified according to items section K.(1) and K.(2) of this
agreement are provided under applicable policies documented
thereon.
(c) Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
(d) 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.
Such terms shall be endorsed onto ENGINEER's insurance policies.
Notice shall be sent to the respective Department Director (by
name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
(e) Insurers for all policies must be authorized to do business in the
state of Texas or be otherwise approved by the CITY; and, such
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 6 of 21
insurers shall be acceptable to the CITY in terms of their financial
strength and solvency.
(� Deductible limits, or self-insured retentions, affecting insurance
required herein shall be acceptable to the CITY in its sole discretion;
and, in lieu of traditional insurance, any alternative coverage
maintained through insurance pools or risk retention groups must be
also approved. Dedicated financial resources or letters of credit may
also be acceptable to the City.
(g) Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the CITY as respects the PROJECT.
(h) 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.
(i) The Commercial General Liability insurance policy shall have no
exclusions by endorsements unless the CITY approves such
exclusions.
(j) The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement. It is understood
that insurance cost is an allowable component of ENGINEER's
overhead.
(k) All insurance required in section K., except for the Professional
Liability insurance policy, shall be written on an occurrence basis in
order to be approved by the CITY.
(I) Subconsultants to the ENGINEER shall be required by the
ENGINEER to maintain the same or reasonably eqUivalent
insurance coverage as required for the ENGINEER. When
subconsultants maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained
herein, in the event a subconsultant's insurance coverage is
canceled or terminated, such cancellation or termination shall not
constitute a breach by ENGINEER of the Agreement.
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.
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ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 7 of 21
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 ENGINEER
will, if requested, assist the CITY 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.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City-Furnished Data
The CITY will make available to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT. The
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 8 of 21
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 and will provide labor and safety
equipment as required by the ENGINEER for such access. 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 in
Attachment A.
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.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 9 of 21
(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'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.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 10 of 21
(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 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 final designs, drawings, specifications and
documents shall be owned by the CITY.
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.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 11 of 21
D. Termination
(1) The CITY may terminate this agreement for its convenience on 30 days'
written notice. Either the CITY or the ENGINEER for cause may terminate
this AGREEMENT if either party fails substantially to perForm through no
fault of the other and does not commence correction of such
nonperFormance with 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 storage containers,
microfilm, 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 the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in writing prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for the
convenience of the CITY. In the event of such suspension, delay, or interruption,
an equitable adjustment in the PROJECT's schedule, commitment and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will
be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the CITY from any loss,
cost, or expense claimed by third parties for property damage and bodily
injury, including death, caused solely by the negligence or willful misconduct
of the ENGINEER, its employees, officers, and subcontractors in
connection with the PROJECT.
(2) If the negligence or willful misconduct of both the ENGINEER and the CITY
(or a person identified above for whom each is liable) is a cause of such
damage or injury, the loss, cost, or expense shall be shared between the
ENGINEER and the CITY in proportion to their relative degrees of
negligence or willful misconduct as determined pursuant to T.C.P. & R.
Code, section 33.011(4) (Vernon Supplement 1996).
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 12 of 21
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. Alternate Dispute Resolution
(1) All claims, disputes, and other matters in question between the CITY and
ENGINEER arising out of, or in connection with this Agreement or the
PROJECT, or any breach of any obligation or duty of CITY or ENGINEER
hereunder, will be submitted to mediation. If inediation is unsuccessful, the
claim, dispute or other matter in question shall be submitted to arbitration if
both parties acting reasonably agree that the amount of the dispute is likely
to be less than $50,000, exclusive of attorney's fees, costs and expenses.
Arbitration shall be in accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association or other applicable rules of
the Association then in effect. Any award rendered by the arbitrators less
than $50,000, exclusive of attorney's fees, costs and expenses, will be final,
judgment may be entered thereon in any court having jurisdiction, and will
not be subject to appeal or modification except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and
11).
(2) Any award greater than $50,000, exclusive of attorney's fees, costs and
expenses, may be litigated by either party on a de novo basis. The award
shall become final ninety (90) days from the date same is issued. If litigation
is filed by either party within said ninety (90) day period, the award shall
become null and void and shall not be used by either party for any purpose
in the litigation.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 13 of 21
K. 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.H., VI.I., and VI.J. shall survive
termination of this AGREEMENT for any cause.
L. 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 during the term of this AGREEMENT 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.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 14 of 21
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— Lo ation Map
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Executed this the y
ATTEST:
Marty He Irix
City Secretary
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APPROVED AS
AND LEGALIy`�
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 15 of 21
CITY OF FOf�T WORTH
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By:" -!i 4%�` , - -' _ _� \
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Marc. .Ott �
Assistant City Manager
Approval Recommended
ouglas Rademaker, PE
Director, Engineering Department
Dunawav Associates, L.P.
ENGINEER
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Na � �'oby K. Ford P.E.
Title: Vice President
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ATTACHMENT "A"
General Scope of Services
"Scope of Services set forth herein can only be modified by additions, clarifications, and/or
deletions set forth in the supplemental Scope of Services. In cases of conflict between the
Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of
Services shall have precedence over the General Scope of Services. "
GENERAL
1) Preliminary Conference with City
The Engineer shall attend preliminary conferences with authorized representatives of the
City regarding the scope of project so that the plans and specifications which are to be
developed hereunder by the Engineer will result in providing facilities which are
economical in design and conform to the City's requirements and budgetary constraints.
2) Coordination with Outside Agencies/Public Entities
The Engineer shall coordinate with officials of other outside agencies as may be
necessary for the design of the proposed street, and storm drain and/or water and
wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure
necessary information from such outside agencies, to meet their requirements.
3) Geotechnicallnvestigations
The Engineer shall advise the City of test borings, and other subsurface investigations that
may be needed. In the event it is determined necessary to make borings or excavate test
holes or pits, the Engineer shall in coordination with the City and the City's geotechnical
engineering consultant, draw up specifications for such testing program. The cost of the
borings or excavations shall be paid for by the City.
4) Agreements and Permits
The Engineer shall complete forms/applications to allow the City of Fort Worth to obtain
any and all agreements and/or permits normally required for a project of this size and type.
The Engineer will be responsible for negotiating and coordinating to obtain approval of the
agency issuing the agreement and/or permits and will make any revisions necessary to
bring the plans into compliance with the requirements of said agency, including but not
limited to highways, railroads, water authorities, Corps of Engineers and other utilities.
5) Design Changes Relating to Permitting Authorities
If permitting authorities require design changes, the Engineer shall revise the plans and
specifications as required at the Engineers own cost and expense, unless such changes
are required due to changes in the design of the facilities made by the permitting authority.
If such changes are required, the Engineer shall notify the City and an amendment to the
contract shall be made if the Engineer incurs additional cost. If there are unavoidable
delays, a mutually agreeable and reasonable time extension shall be negotiated.
6) Plan Submittal
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 16 of 21
Copies of the original plans shall be provided on reproducible mylar or approved plastic
film sheets, or as otherwise approved by the Department of Engineering and 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; and further provided, that the Engineer shall not
be liable for the consequences of any changes that are made to the drawings or changes
that are made in the implementation of the drawings without the written approval of the
Engineer.
PHASE 1
7) Right-of-Way, Easement and Land Acquisition Needs
The Engineer shall determine the rights-of-way, easement needs for the construction of
the project. Engineer shall determine ownership of such land and furnish the City with the
necessary right-of-way sketches, prepare necessary easement descriptions for acquiring
the rights-of-way and/or easements for the construction of this project. Sketches and
easement descriptions are to be presented in form suitable for direct use by the
Department of Engineering in obtaining rights-of-way, easements, permits and licensing
agreements. All materials shall be furnished on the appropriate City forms in a minimum of
four (4) copies each.
8) Design Survey
The Engineer shall provide necessary field survey for use in the preparation of Plans and
Specifications. The Engineer shall furnish the City certified copies of the field data.
9) Utility Coordination
The Engineer shall coordinate with utilities, including utilities owned by the City, as to any
proposed utility liens or adjustment to existing utility lines within the project limits. The
information obtained shall be shown on the conceptual plans. The Engineer shall show on
the preliminary and final plans the location of the proposed utility lines, existing utility lines,
based on the information provided by the utility, and any adjustments and/or relocation of
the existing lines within the project limits. The Engineer shall also evaluate the phasing of
the water, wastewater, street and drainage work, and shall submit such evaluation in
writing to the City as part of this phase of the project.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 17 of 21
10) Conceptual Plans
The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which
include layouts, preliminary right-of-way needs and preliminary estimates of probable
construction costs for the Engineer's recommended plan. For all submittals, the Engineer
shall submit plans and documents for street/storm drain and water/wastewater facilities.
The Engineer shall receive written approval of the Phase 1 Plans from the City's project
manager before proceeding with Phase 2.
PHASE 2
11) Design Data
The Engineer shall provide design data, reports, cross-sections, profiles, drainage
calculations, and preliminary estimates of probable construction cost.
12) Preliminary Construction Plans and Technical Specifications
The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans
and five (5) copies of the preliminary technical specifications for review by the City and for
submission to utility companies and other agencies for the purposes of coordinating work
with existing and proposed utilities. The preliminary construction plans shall indicate
location of existing/proposed utilities and storm drain lines. The Engineer shall receive
written approval of the Phase 2 plans from the City's project manager before proceeding
with Phase 3.
PHASE 3
13) Final Construction Plans
The Engineer shall furnish five (5) copies of the final construction plans and contract
specifications for review by the City.
14) Detailed Cost Estimate
The Engineer shall furnish four (4) copies of detailed estimates of probable construction
costs for the authorized construction project, which shall include summaries of bid items
and quantities.
15) Plans and Specification Approval
The Engineer shall furnish an original cover mylar for the signatures of authorized City
officials. The Contract Documents shall comply with applicable local, state and federal
laws and with applicable rules and regulations promulgated by local, state and national
boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3
plans from the City's project manager before proceeding with Phase 4.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 18 of 21
PHASE 4
16) Final Approved Construction Plans
The Engineer shall furnish 45 bound copies of Phase 4 final approved construction plans
and contract specifications. The approved plans and contract specifications shall be used
as authorized by the City for use in obtaining bids, awarding contracts, and constructing
the project.
17) Bidding Assistance
The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the
bidding documents, and assist the owner in determining the qualifications and
acceptability of prospective constructors, subcontractors, and suppliers. When substitution
prior to the award of contracts is allowed by the bidding documents, the Engineer will
advise the owner as to the acceptability of alternate materials and equipment proposed by
the prospective constructors.
18) Recommendation of Award
The Engineer shall assist in the tabulation and review of all bids received for the
construction of the project and shall make a recommendation of award to the City.
19) Prebid Conference
The Engineer shall attend the prebid conference and the bid opening, prepare bid
tabulation sheets and provide assistance to the owner in evaluating bids or proposals and
in assembling and awarding contracts for construction, materials, equipment, and
services.
PHASE 5
20) Preconstruction Conference
The Engineer shall attend the preconstruction conference.
21) Construction Survey
The Engineer shall be available to the City on matters concerning the layout of the project
during its construction and will set control points in the field to allow City survey crews to
stake the project. The setting of line and grade stakes and route inspection of construction
will be perFormed by the City.
22) Site Visits
The Engineer shall visit the project site at appropriate intervals as construction proceeds to
observe and report on the progress and the quality of the executed work.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 19 of 21
23) Shop Drawing Review
The Engineer shall review shop and erection drawings submitted by the contractor for
compliance with design concepts. The Engineer shall review laboratory, shop, and mill test
reports on materials and equipment.
24) Instructions to Contractor
The Engineer shall provide necessary interpretations and clarifications of contract
documents, review change orders and make recommendations as to the acceptability of
the work, at the request of the City.
25) Differing Site Conditions
The Engineer shall prepare sketches required to resolve problems due to actual field
conditions encountered.
26) Record Drawings
The Engineer shall prepare record drawings from information submitted by the contractor.
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 20 of 21
ENGINEERING AGREEMENT
JANUARY 1, 2005
Page 21 of 21
EXHIBIT "A-8"
SUPPLEMENTAL SCOPE OF SERVICES
(SUPPLEMENT TO ATTACHMENT "A")
DESIGN SERVICES: STORM DRAIN CHANNEL IMPROVEMENTS
The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT
"A". Work under this attachment includes engineering services for storm drain channel
improvements for the following:
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME
CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
Upon receipt of notice-to-proceed, the ENGINEER will perform the following tasks:
PART A - CONCEPTUAL DESIGN
1. Initial Data Collection
a. Pre-Design Coordination Meetings
ENGINEER will attend and document meetings, as required, to discuss and
coordinate various aspects of the project and to ensure that the project stays on
schedule. For purposes of establishing a level of comfort, two (2) meetings are
anticipated. These include the following:
One (1) pre-design kick-off ineeting, (including the CITY's Department of
Engineering and other departments that are impacted by the project).
One (1) review meeting at completion of the City's review of the conceptual
engineering plans.
b. Data Collection
In addition to data obtained from the City, ENGINEER will research and
make efforts to obtain pertinent information to aid in coordination of the
EAS-1
proposed improvements with 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, City
Master plans, City drainage complaint files, drainage studies, FEMA
floodplain and floodway maps, existing models for the project area (if any),
and property ownership as available from the Tax Assessor's office.
c. Coordination with Other Agencies
During the concept phase the ENGINEER shall coordinate with utilities,
including utilities owned by the City, TxDOT and railroads. These entities
shall also be contacted if applicable, to determine plans for proposed
facilities or adjustment to existing facilities within the project limits. The
information obtained shall be shown on the concept plans. The ENGINEER
shall show the location of the proposed utility lines, existing utility lines and
adjustments and/or relocation of the existing lines within the project limits.
ENGINEER shall complete forms necessary for City to obtain permit letters
from TxDOT and railroads and submit such forms to the City. City shall be
responsible for forwarding the forms to the affected agencies for execution.
d. Subsurface Utility Engineering (SUE) (Hammond St. Project only)
The scope of this proposal includes a Quality Level B(QL "B") SUE for Hammond
Street only. This quality level of SUE as described in the ASCE Publication
Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data) will include two-dimensional (x,y) information obtained
through the application and interpretation of non-destructive surface geophysical
methods. Also known as "designating" this quality level provides the approximate
horizontal position of subsurface utilities within approximately one foot.
The limits of the SUE survey extend along Timothy St starting at Spurgeon Street
to the south and continuing north past Hammond street approximately 200 feet.
The limits will also extend on Hammond St, starting at Timothy St and continuing
east to Old Burleson Rd and then northeast across the adjacent car dealership
approximately 350 feet.
e. Utility Relocations (Hammond St. Project only)
Design of water line adjustments to accommodate the new storm drain for the
Hammond St. project is included in this scope of services. Design of any needed
EA8-2
sanitary sewer improvements is not included as part of this scope of services. If
requested, ENGINEER will submit a separate proposal to prepare sanitary sewer
construction documents.
2, Schedule Submittal and Monthly Progress Report
The ENGINEER shall submit a project schedule after the design contract is fully executed.
The schedule shall be updated and submitted to the CITY along with monthly progress
reports as required under Attachment B of the contract.
PART B- CONSTRUCTION PLANS AND SPECIFICATIONS (Hammond St. Project
only)
Surveys for Design
ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and
preparation of plans for the project. Information gathered during the survey
shall include topographic data, elevations of all sanitary and adjacent storm
sewers, rim/invert elevations, location and elevations buried utilities,
structures, and other features that would affect proposed construction.
ENGINEER shall establish survey control or a suitable reference base line
on the ground and obtain complete and accurate cross section data at a
maximum of 50 foot intervals and at major grade breaks.
2. Drainage Computation
ENGINEER will review and document the storm water watershed drainage
runoff area and existing street, right-of-way and storm sewer capacities for
the subject site per new iSWM criteria. A drainage area map will be drawn
at 1" = 200' scale from available contour maps. Calculations regarding
street and right-of-way capacities and design discharges per new iSWM
criteria at selected critical locations will be provided. Capacities of existing
storm drain will be calculated and shown. The ENGINEER's responsibility
includes recommendations for improvements of the existing system as
deemed reasonable and consistent with City standards.
For Hammond Street, analysis will terminate at the downstream tie-in point
in the west side of TXDOT IH-35W ROW.
EA8-3
For Hopkins Ct., capacity analysis will terminate at the downstream tie-in
point at the intersection of Fletcher and Lisbon. Desiqn of any needed
improvements to the Hopkins Ct flume is not included as part of this scope
of services. If requested, ENGINEER will submit a separate proposal to
prepare construction documents for improvements to the Hopkins Ct.
flume.
3. Conceptual Engineering Plan Submittal
a. Conceptual plans shall be submitted to City 45 days after Notice
to Proceed Letter is issued.
b. The ENGINEER shall furnish four (4) copies of the Phase 1
concept engineering plans which include layouts, preliminary
easement needs and cost estimates for the ENGINEER's
recommended plan.
c. The ENGINEER shall also submit a brief letter report outlining the
findings of the hydraulic study and recommendations ENGINEER
shall advise City on the need for additional permits or licenses
which may be required.
4. Preliminary Construction Plans
Upon approval of Part B, Section 3, ENGINEER will prepare preliminary
construction plans as follows:
a. Geotechnical investigation (if approved by the CITY) to include the
following;
Soil borings of sufficient quantity for geotechnical analysis to
determine depth to rock and design parameters. Bore holes
should be tied to horizontal and vertical datum.
Laboratory analysis
Report of field and laboratory data to include analysis of
results and recommendations defining culvert and channel
design parameters.
EA8-4
b. Drainage calculations and hydraulic computations.
c. Preliminary project plans and profile sheets which will show the
following;
Existing storm drain or channel centerline, existing left and
right top of channel bank, existing utility crossings and
existing right-of-way/easement.
Proposed top of channel backs, channel flowline (existing
and proposed), 100 year water surface profile along with
water and sanitary sewer line adjustments to accommodate
the proposed channel improvements.
Culvert upgrades and roadway pavement replacement.
Limits of right-of-way or easements and temporary
construction easement.
d. Existing found property corners (e.g. iron pins) along the existing
right-of-way shall be shown on the plans. Profiles for existing and
proposed storm drain mains and leads shall be provided.
e. Existing utilities and utility easements will be shown on the roadway
plan and profile sheets. ENGINEER will coordinate with utility
companies and the City of Fort Worth to ascertain what, if any,
future improvements are planned that may impact the project.
f. Proposed plan/profile sheets will conform to City of Fort Worth
construction legend. Adequate horizontal and vertical control shall
be provided on the plan sheets to locate all proposed and existing
facilities. Legal descriptions (Lot Nos., Block Nos., and Addition
Names) along with property ownership shall be provided on the
plan view.
g. Furnish as a function of final plans, six (6) copies of the final cross-
sections on 22" x 34" sheets. Scale will be 1" = 20' horizontal and 1"
= 2' vertical. Hydraulic computations and profiles of all storm drain
outfalls into the channel shall be provided.
EA8-5
5. Preliminary construction plan submittal
a. Preliminary plans and specifications shall be submitted to City
60 after approval of Part B, Section 3.
b. The ENGINEER shall deliver twenty (20) sets of preliminary
construction plans and two (2) sets of specifications and contract
documents to CITY for review and distribution to utility companies.
Generally, plan sheets shall be organized as follows:
Cover Sheet
Drainage Area Map and Computations
Plan & Profile Sheets
Standard Construction Details
Special Details (If applicable)
c. Review Meetings with City
The ENGINEER shall meet with CITY to discuss review comments
for preliminary submittal. The CITY shall direct the ENGINEER in
writing to proceed with Final Design for Final Review.
d. Public Meeting
After the preliminary plans have been reviewed and approved by
the City, ENGINEER shall prepare exhibits along with an invitation
letter and attend public meeting to help explain the proposed project
to residents. The CITY shall mail the invitation letters.
e. The ENGINEER shall submit a preliminary estimate of probable
construction cost with the preliminary plans submitted. ENGINEER
shall assist City in selecting the feasible and/or economical
solutions to be pursued.
6. Final Design and Final Review
a. Final Construction Documents shall be submitted to CITY 30 days after
approval of Part B, Section 5.
EA8-6
Following CITY approval of the recommended improvements, the
ENGINEER shall prepare final plans and specifications and contract
documents to CITY (each sheet shall be stamped, dated, and signed by
the ENGINEER) and submit two (2) sets of plans and construction contract
documents within 15 days of CITY's final approval. Plan sets shall be used
for Part C activities.
b. ENGINEER's Estimate of Probable Construction Cost
The ENGINEER shall submit a final estimate of probable construction cost
with the final plan submitted.
PART C- PRE-CONSTRUCTION ASSISTANCE (Hammond St. Project only)
1. Administration
a. Deliver Bid Documents
The ENGINEER will make available for bidding, upon request by the CITY, up to
forty (50) sets of the final approved and dated plans and specifications and
contract documents for the projects to the CITY for distribution to potential bidders.
The ENGINEER will provide four (4) sets of all right-of-entry agreements and
easements to the CITY for bidding purposes.
b. Bidding Assistance
The ENGINEER shall assist the CITY during phase including preparation and
delivery of addenda to plan holders, responses to questions submitted to the DOE
by prospective bidders. Engineer shall attend the scheduled pre-bid conference.
The ENGINEER shall assist in reviewing the bids for completeness and accuracy.
The ENGINEER shall attend the project bid opening develop bid tabulations and
submit four (4) copies of the bid tabulation.
c. Assistance During Construction
The ENGINEER shall attend the pre-construction conference for the project. The
ENGINEER shall also consult with and advise the CITY on design and/or
construction changes, if necessary.
EA8-7
ATTACHMENT "B"
COMPENSATION AND SCHEDULE
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
Compensation
A. The ENGINEER shall be compensated at a lump sum fee of $119,461 for Basic
Services as summarized on Exhibit "B-3." Payment of the fee shall be
considered full compensation for the services described in Exhibit "A-1"and "A-2"
for all labor, materials, supplies, and equipment necessary to complete the
project.
B. Partial payment shall be made monthly as stipulated on Exhibit B-1 upon receipt
of an invoice from the ENGINEER, prepared from the books and records of the
ENGINEER. Each invoice is to be verified as to its accuracy and compliance
with the terms of this contract by an officer of the ENGINEER. Payment
according to statements will be subject to certification by the Director of
Engineering Department or his authorized representative that such work has
been performed.
II. Schedule
Final Plans and Contract Documents for bid advertisement shall be submitted within 142
calendar days (Does not include City review time.) after the "Notice to Proceed" letter
is issued.
The Design Phase shall have a schedule as follows:
Part A— Pre-engineering shall be completed 7 calendar days after City approval
of Notice to Proceed.
Part B— Concept plans shall be completed 45 calendar days after pre-design
kick-off meeting. Preliminary plans, specifications, and contract
documents shall be completed 60 calendar days after City approval of
concept plans. Final plans, specifications, contract documents and cost
estimate will be competed 30 calendar days after approval of
Preliminary Plans.
Part C— Bidding and award will be
after the City's approval
contract documents.
B-1
04-2006041 _Attach m e ntB_06-0926_km c.doc
completed an estimated 20 calendar days
of Final Design plans, specifications and
EXHIBIT "B-1"
METHOD OF PAYMENT
(SUPPLEMENT TO ATTACHMENT "B")
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
METHOD OF PAYMENTS
The Engineer shall be paid in monthly partial payments as outlined below:
A. The ENGINEER shall be paid in monthly payments upon the receipt of individual
invoices for each partial payment request from the ENGINEER.
B. Partial payments shall not exceed the equivalent of 30% of the total lump sum
fee, until City approval of Exhibit A-1 and A-2, Part B, Section 1.
C. Partial payments shall not exceed the equivalent to 60% of the total lump sum
fee, until City approval of Exhibit A-1 and A-2, Part B, Section 2.
D. Partial payments shall not exceed the equivalent to 90% of the total lump sum
fee, until City approval of Exhibit A-1 and A-2, Part B, Section 3.
E. The balance of the fee shall be payable after completion by the ENGINEER of
Exhibit A-1 and A-2, Part C.
PROGRESS REPORT
The ENGINEER shall submit to the designated representative of Director of Department
of Engineering monthly progress reports covering all phases of design by the 15th of
every month in the format required by the City.
If the ENGINEER determines in the course of making drawings and specifications that
the construction cost estimate of $ 1,086,832 (as estimated in Exhibit "B-4") will be
exceeded, whether by change in the scope of the project, increased costs or other
conditions, the ENGINEER shall immediately report such fact to the CITY's Director of
the Engineering Department shall suspend all work hereunder.
EB-1
04-2006041 AttachmentB_06-0926_kmc.doc
EXHIBIT "B-2"
HOURLY RATE SCHEDULE
(SUPPLEMENT TO ATTACHMENT "B")
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
2006 Standard Rate Schedule*
Employee Classification Rate/Hour (or Range)
Administrative $55-$75
Cadd Technician $60-$80
Design Technician $80-$110
Department Director $110-$150
Design Engineer $70-$130
Project Manager $90-$130
Principal $150-$200
Special Consulting $225
Reimbursable Cost + 10%
Mileage $0.45 Per Mile
Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual
invoice cost plus ten percent (10%).
*These rates are subject to adjustment after September 2006.
E B-2
04-2006041 _Atta ch m e nt B_06-0926_k m c. do c
EXHIBIT "B-3A"
(SUPPLEMENT TO ATTACHMENT B)
SUMMARY OF TOTAL PROJECT FEES
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
Consultinq firm Prime Responsibility
Prime Consultant
Dunaway Associates, L.P. Engineering & Project Management
M/WBE Consultants:
Gorrondona & Associates, Inc. Survey & SUE
Trevino Engineering Support Services, LLC Reproduction
Non-M/WBE Consultants:
N!A N/A
Total Fee Amount
Prolect Description Scope of Service
Engineering Services Storm Drainage Design & Study
City's MWBE goal for this project
05-2006041_E�ibitB-3_KMC_06-0926.x1s EB-3A
Total Fee
$ 119,461
Fee Amount
$ 95,652
$
$
17, 361
6,448
$ -
$ 119,461
M/WBE Fee
$ 23,809
Percent
80%
15%
5%
0%
100%
Percent
20%
20%
EXHIBIT "B-3B"
(SUPPLEMENT TO ATTACHMENT B)
PROFESSIONAL SERVICES FEE
SUMMARY
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
STORM DRAINAGE IMPROVEMENTS (HAMMOND STREET)
ENGINEERING DESIGN
Opinion of Probable Construction Costs X Curve A X 85%
$ 1,086,832 7.50% 85%
SURVEY DESIGN
REPRODUCTION
ADDITIONAL SERVICES
10% FOR SUB
SUBTOTAL
CAPACITY ANALYSIS (HOPKINS CT.)
ENGINEERING
SURVEY DESIGN
10% FOR SUB
SUBTOTAL
GRAND TOTAL
05-2006041 ExhibitB-3_KMC_06-0926.�s E8-3B
� 69,286
$ 15,953
$ 7,159
$ 18,275
$ 2,240
$ 112,912
$ 5,000
$ 1,408
$ 141
$ 6,549
119,461
EXHIBIT "B-3C"
(SUPPLEMENT TO ATTACHMENT B)
TOTAL FEE SUMMARY & DESIGN FEE BREAKDOWN
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
A SUMMARY OF TOTAL FEE (HAMMOND STREET)
Service Descri tion Design Services Total
Engineering Services $ 78,684 $ 78,684
Additional Services $ �8,2�5 $ 18,2�5
Surveying Fee $ 15,953 $ 15,953
Total $ 112,912 $ 112,912
B BREAKDOWN OF DESIGN FEES
(Less 5urvey Fees)
1 Total Storm Drain Desiqn Fee (less Survev Fees) Breakdown bv Concept Preliminarv and Final Desiqn
a. Concept (30%) _(Total Design Fee -Survey Fees) X(0.3) _ $ 29,�$$
b. Preliminary (60%) _(Total Design Fee - Survey Fees) X(0.6) _ $ 58,176
c. Final (10%) _(Total Design Fee - Survey Fees) X(0.1) _ $ 9,696
C SUMMARY OF TOTAL FEE (HOPKINS CT)
Service Descri tion Desi n Services Total
Engineering Services $ 5,141 $ 5,141
Surveying Fee � 1,408 $ 1,408
Total $ 6,549 $ 6,549
D BREAKDOWN OF DESIGN FEES
(Less Survey Fees)
1 Total Storm Drain Desiqn Fee (less Survev Fees) Breakdown bv Concept Preliminarv and Final Desiqn
a. Concept (30%) _(Total Design Fee -Survey Fees) X(0.3) _
b. Preliminary (60%) _(Total Design Fee - Survey Fees) X(0.6) _
c. Final (10%) _(Total Design Fee - Survey Fees) X(0.1) _
05-2006041 Exhibit8-3 KMC 06-0926.x1s EB-3C
1,542
3,084
514
EXHIBIT "B-3D"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR SURVEYING SERVICES
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
Hammond Street
i) Topographic Survey
ii) SUE (Level "B")
Hopkins Ct
i) Topographic Survey
Survey Services Total
05-2006041 ExhibitB-3 KMC 06-0926.x1s EB-3D
2,650 LF x $ 3.52
2,650 LF x $ 2.50
400 LF x $ 3.52
$ 9, 328
$ 6,625
$ 15,953
$ 1,408
$ 1,408
$ 17,361
EXHIBIT "B-3E"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR REPRODUCTION SERVICES (HAMMOND STREET)
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
1 Concept Reports —
Plans
($2.20/sheet x sheets/set)
2 Preliminary Design —
*
Plans
($2.20/sheet x sheets/set)
*
Specs
($0.25/page x pages/report)
3 Final Design —
Plans
($2.20/sheet x sheets/set)
Specs
($0.25/page x pages/report)
4 Bid Advertisement -
*
Plans
($2.20/sheet x sheets/set)
*
5pecs
($0.25/page x pages/report)
5 Final Mylars
*
Plans
($15.20/sheet x sheets/set)
6 Public Meeting
Mounted Exhibits
($35.00/sheet x sheets/set)
SETS $/SHEET SHEETS TOTAL
4 $ 2.20 12 $ 105.60
15 $ 2.20 12 $ 396.00
2 $ 0.25 350 $ 175.00
5 $ 2.20 12 $ 132.00
5 $ 0.25 350 $ 437.50
50 $ 2.20 12 $ 1,320.00
50 $ 025 350 $ 4,375.00
1 $ 15.20 12 $ 182.40
1 $ 35.00 1 $ 35.00
Reproduction Seroices Total $ 7,159
Note: MWBE Reproduction represented by asterisk
05-2006041 ExhibitB-3 KMC 06-0926.x1s EB-3E
EXHIBIT "B-3F"
(SUPPLEMENT TO ATTACHMENT B)
FEES FOR ADDITIONAL SERVICES (HAMMOND STREET)
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS AND HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
General Additional Services:
SWPPP
Erosion Control Plan
Pre-Design Coordination meeting
Kick-Off ineeting
Preliminary Submittal meeting
Neighborhood meeting
Final Engineering Submittal meeting
Monthly Reports
Bid Assistance
Pre-construction meeting
Public meetings (Two meetings)
SUBTOTAL
Transportation & Public Works Additional Services
TROE (up to 1 Lot)
TXDOT Permit (Hammond StreeUlH-35W)
SUBTOTAL
TOTAL FOR ADDITIONAL SERVICES
05-2006041_ExhibitB-3_KMC_06-0926.x1s EB-3F
$ 3,000.00
$ 2,000.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 500.00
$ 1,200.00
$ 2, 500.00
$ 500.00
$ 1,500.00
$ 13,200.00
75.00
5, 000.00
5,075.00
18,275.00
EXHIBIT "B-4-D"
(SUPPLEMENT TO ATTACHMENT B)
OPINION OF PROBABLE CONSTRUCTION COSTS - Hammond Street
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET STORM DRAINAGE IMPROVEMENTS, HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
SUBTOTAL $ 988,�2g
10°/ CONTINGENCY $ 98,803
TOTAL $ 1,086,832
06-2006041 Exhibt B-4 OPCC 06-0926.x15 EB-4-D
ATTACHMENT "C'
AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES
ENGINEERING DESIGN SERVICES ASSOCIATED WITH
HAMMOND STREET DRAINAGE IMPROVEMENTS, HOPKINS COURT FLUME CAPACITY ASSESSMENT
City Project No. 00488
DOE No. 5428
• Pre-Bid meetings are not included as a part of this contract.
• Site Visits are not included as a part of this contract.
C-1
07-2006041 Attachment-C_KMC_06-0926.doc
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d
DRAINAGE IMPROVEMENTS
HOPKINS COURT
HAMMOND STREET
(TIMOTHY TO IH-35W)
COUNCIL DISTRICT 9
MAPSCO 91 J,K & 75 Q
ATTACHMENT E-1
� Dunaway Engineers N, T, S.
I Planners
T 7� Surveyors
Associates, L.r . LandscepeArchitecfs
1501 lAerrimac CIrGe, Sulte 100, FoA Wor�h, TX 76107
Tel; (877) 335-1121, Fex: (817) 3357437
�ORTWORTH
ATTACHMENT E-2
HAMMOND STREET (FROM TIMOTHY TO IH-35W
DRAINAGEIMPROVEMENTS
MAPSCO 91 J,K
COUNCIL DISTRICT 9
� Dunawa� I Eng�neere
Planners
T Surveyore
Associates, L. Lendsrape Archilects
1501 MeMmec Clyde, Sulte 100, Fort Worth, TX 76'107
Tel: (817) 3351121, Fax: (877) 3357437
l�l
EXISTING WATERLINE
EXISTING SANITARY SEWER
�ORT WORTH
�oa o soo soo
SCALE: 1"-900'
PROPOSED STORM DRAIN
HOPKINS COURT
FLUME RECONSTRUCTION
MAPSCO 75Q
COUNCIL DISTRICT 9
� Dunaway I Enginears
Planners
T D Surveyors
Associates, L.i . �-andscape.4rchiiecls
1501 Merrimac Clyde, Sul(e 100, Fod Worih, TX 78107
Tal: (817) 3351121, F�: (817) 335�7437
ATI"ACHMENT E-3
FORTWORTH
,00 o ,00 zoo
GRAPHIC SCALE IN FEE7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/6/2007 - Ordinance No. 17428-03-2007
DATE: Tuesday, March 06, 2007
LOG NAME: 30HAMMOND00488 REFERENCE NO.: **C-21995
SUBJECT:
Authorize Execution of an Engineering Agreement with Dunaway Associates, L.P., for Hammond
Street Drainage Improvements and Hopkins Court Flume Reconstruction (Project No. 00488) and
Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $169,144.00 from the Storm Water Operating Fund to the Storm Water Capital
Projects Fund;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Storm Water Capital Projects Fund in the amount of $169,144.00; and
3. Authorize the City Manager to execute an engineering agreement with Dunaway Associates, L.P., the
amount of $119,461.00 for Hammond Street Drainage Improvements and Hopkins Court Flume
Reconstruction.
DISCUSSION:
The Storm Water Management Program was established to prevent flooding in Fort Worth, preserve
streams, minimize water pollution and to operate the storm water system in a more effective manner to fully
comply with state and federal regulatory requirements. This will be accomplished by
constructing infrastructure improvements, system maintenance, master planning, enhanced development
review, and increased public education and outreach.
The scope of the project includes the design of storm drainage improvements on Hammond Street and
Hopkins Court.
Dunaway Associates, L.P., proposes to perform the necessary design work for a lump sum fee of
$119,461.00. City Staff considers this to be fair and reasonable for the scope of services proposed.
In addition to the contract amount, $49,683.00 is required by the Engineering Department for project
management.
M/WBE-Dunaway Associates, L.P., is in compliance with the City's M/WBE ordinance by committing to 20
percent M/WBE participation. The City's goal on the project is 20 percent.
This project is located in COUNCIL DISTRICT 9, Mapsco, 91J and 75Q.
Logname: 30HAMMOND00488 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of attached
appropriation ordinance, funds will be available in the current capital budget as appropriated, of the Storm
Water Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&2)P228 472069 2092800488ZZ $169144.00 1)PE69 538070 0209202
2)P228 531350 209280048810
2)P228 531350 209280048820
2)P228 531200 209280048831
2)P228 531350 209280048831
� P228 531200 209280048832
2)P228 531350 209280048832
2)P228 531200 209280048833
2)P228 531350 209280048833
� P228 531200 209280048851
2)P228 531350 209280048860
2)P228 531350 209280048881
$7.800.00 3)P228 531200 209280048831
$10 033.00 3)P228 531200 209280048832
$30,630.00 3)P228 531200 209280048833
4 875.00 3)P228 531200 209280048851
$61,260.00
$16,250.00
$10,210.00
8 125.00
$17,361.00
1 300.00
1 300.00
Submitted for City Manager's Office bv: Marc Ott (8476)
Originating Department Head: Douglas Rademaker (6157)
Additional Information Contact: Dena Johnson (7866)
$169,144.00
$30 630.00
$61,260.00
$10 210.00
$17,361.00
Logname: 30HAMMOND00488 Page 2 of 2