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HomeMy WebLinkAboutContract 39459CITY SECRETARY, =ANT ,ACT NO. aqqS9 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Lockwood, Andrews & Newnam, Inc., (the "ENGINEER"), for a PROJECT generally described as: East Downtown Storm Drain Structural Rehabilitation Project (City No. 01367)6 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: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) (5) 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. If r billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving City of Fort Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 Worth, the CITY fails to make payment in full to ENGINEER fo 7 days' written notice to IT suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page Z of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid, that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 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/VNBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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. 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 afirst-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, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 to review the ENGINEER Is 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 0f 15 O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. 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 Is 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 6.30.09 Page 9 of 15 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents, obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 Y 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. l.itigati®n 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 6.30.09 Page 11 of 15 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization I ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 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 Ah Attachment D - Project Schedule Attachment E - Location Map Executed this the day of , 20P t. ATTEST: Marty Hendrix City Secretary runt act AuthorizatiOu l01 )ate AS TO FORM Assistant ATTEST: LEGALITY City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 By: CITY OF FORT WORTH Assistant City Manager APPROVAL RECOMMENDED Director, Department and Public Works Loc�iwood Andrews & Newnam, Inc. ENGINEER 9 Name: Title: IIUFRASIRUG�U�� By: V �FF/�Ey S. ��ZdUnr' ATTACHMENT DESIGN SERVICES: SWU PROJECT -DRAINAGE IMPROVEMENTS EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITION City Project No. 01367 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: Determine appropriate methods for rehabilitation or replacement of storm drain pipes or tunnels in the eastern portion of the downtown area shown in Attachment F. Prepare construction documents to facilitate the replacement/repair of the storm drains indicated. The conduits to be replaced or repaired range from 24" to 60" in diameter including sections of 42" x48" stone arch. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A —PRE-ENGINEERING 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and prepare/distribute meeting "minutes" documenting the discussions/decisions from the meeting, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. Two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including ALL 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 proposed EA2-1 Rev 04/17/09 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, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a project schedule (schedule shall be provided in Primavera or Microsoft Project) 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 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: EA2-2 Rev 04/17/09 2. The following information about each Control Point; a. Identified (Existing. City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline %J the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street), 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. 7. Engineer shall pertorm Subsurface Utility Engineering (SUE), including tasks for Level D, C and B as described below: 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 EA2-3 Rev 04/17/09 available records; duplicate or conflicting information; need for clarification. • Transfer information on all involved utilities to appropriate 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. Level C • 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 QL C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a registered professional. If previously surveyed, check survey data for accuracy and completeness. • 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 QL D and QL C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. Level B • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities EA2-4 Rev 04/17/09 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. • Unless otherwise approved, maintain horizontal accuracy of +/- 1 in the marking of lines. • As an alternative to the physical marking of lines, the Consultant 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. ii. Public Notification and PersonnelNehicle Identification a. Residential notification is required for field surveys in the public right of way on this project, mail -outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, City Project No., brief description of the project, and consultant's project manager name and telephone number. Right of Entry acquisition is required for field surveys or other work on this project located on private property, mail -outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, City Project No., brief description of the project, and consultant's project manager name and telephone number and a place for the property owner to sign giving permission to access the property. b. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. Drainage Computations 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. A drainage area map will be drawn at 1" = 200' scale from available contour EA2-5 Rev 04/17/09 maps. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) 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. All calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. iv. Alternative Analysis for Storm Drain Rehabilitation Methods ENGINEER shall evaluate alternative storm drain rehabilitation methods (up to 3 alternatives for each storm drain) and provide drainage computations and cost estimates for each alternative, with recommendations. ENGINEER shall meet with the city to discuss recommendations in the report and document the findings from the meeting. v. Railroad Coordination The ENGINEER shall coordinate with the railroad at the locations noted below. 1. From Weatherford Street to near the intersection 1st &Crump Streets. I Between Terry and Elm Street, in 4th Street. vi. Right-of-way Research The ENGINEER will conduct preliminary research for availability of existing easements where open -cut construction or relocation of existing alignments is probable. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the City. vii. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 90 days after Notice to Proceed Letter is issued. FsA2-6 Rev 04/17/09 b. The ENGINEER shall furnish eight (8) copies of the concept engineering plans (11"x17") which include layouts, drainage computations, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. An executed Project Certification and Decision Log shall be provided with the submittal. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering Upon approval of the Concept plans, ENGINEER will prepare construction plans as follows: a. Drainage area maps with drainage calculations and hydraulic computations. b. Preliminary project plans and profile sheets set up to be on 22" x 34" sheets and '/2 size (11"x17"). c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. 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. d. 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. e. Preliminary roadway and/or channel cross -sections will be developed, from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional cross - sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross -street at each P.I.) walks, retaining walls, EA2-7 Rev 04/17/09 etc., will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 10' horizontal and 1" = 2' vertical. f. Street and intersection layouts. g. 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. h. Geotechnical Investigation/Pavement Design The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. j. Right-of-way/Easement Preparation and Submittal The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The documentation shall be provided in conformance with the checklists and templates available on the Citys Buzzsaw site. k. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 105 days after approval of Part B, Paragraph VII. ii. The ENGINEER shall deliver two (2) sets of full size (22"x34") and eight (8) sets of '/z size (11"x17") preliminary construction plans, two (2) sets of specifications, and an updated and executed Project Certification and Decision Log to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet Rev 04/17/09 EA2-8 General Layout and Legend Sheet Drainage Area Map and Computations Plan & Profile Sheets Preliminary Cross Sections Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. This estimate shall use ONLY standard City bid items. If items need to be added as new standard bid items, the ENGINEER shall provide the appropriate information to the City for review and approval. Engineer shall assist City in selecting the feasible and or economical solutions to be pursued. I. Constructabilitv Review ENGINEER shall schedule and attend a project site visit with the City project manager and Construction personnel to walk the project. The ENGINEER shall summarize the City's comments from the field visit and submit this information to the City in writing. m. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal, including comments from the field visit. The ENGINEER will prepare/distribute meeting "minutes" documenting the discussions/decisions from the meeting and filed visit. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. n. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. The ENGINEER shall deliver a minimum of 13 sets (Full Size 22"x34") of approved EA2-9 Rev 04/17/09 3. 0 G� preliminary construction plans to the City's Utility Coordinator for forwarding to all utility companies, which have facilities within the limits of the project. Public Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. Storm Water Pollution Prevention Plan (SWPPP) For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. Engineer will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. ontractor will be C regulatory agencies. Traffic Control Plan responsible for filing the SWPPP with appropriate The ENGINEER may utilize standard traffic reroute configurations posted as "Typicals" on the City Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. In the event that the "typicals"(as described above) cannot be utilized on the project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan for review and approval by the Traffic Division of the Transportation and Public Works Department . Final Engineering Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: i. Final construction plans and specifications shall be submitted to CITY 60 days after approval of Preliminary plans. EA2-10 Rav 04/17/09 The ENGINEER shall deliver two (2) sets of full size (22"x34") and eight (8) sets of size (11"x17") preliminary construction plans, eight (8) sets of contract documents, and an updated and executed Project Certification and Decision Log to CITY for review. ii. The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard City bid items. iii. The ENGINEER shall meet with CITY to discuss review comments for final design submittal. The ENGINEER shall prepare/distribute meeting "minutes" documenting the discussions/decisions from the meeting. The CITY shall direct the ENGINEER regarding acceptance of the final design plans. Final Construction Plan Submittal Final Construction Documents shall be submitted to CITY 15 days after approval of the Final plans. Following CITY approval of the recommended improvements, the ENGINEER shall submit final construction plans and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted bid items. c. Mylar Submittals The estimate shall use ONLY standard City The ENGINEER shall submit a final set of mylar drawings for record storage as follows: EA2-11 Rev 04/17/09 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. For projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department. 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320 org5.pdf 11. Water and Sewer file name example — "X- 35667_org36.pdf" where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf EA2-12 Rev 04/17/09 Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, e-mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public works vault at telephone number (817) 392.8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. PART C -CONSTRUCTION ASSISTANCE 1. Bid Documents The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Hard copies of documents will not be made available to potential bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf files. 2. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery oA any additional addenda prior to bid opening to plan holders and respond to questions submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda onto Buzzsaw. The 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 in hard copy and electronic format and return four (4) copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. 3. Construction Documents The ENGINEER will make available for construction, upon request by the CITY, up to EA2-13 Rev 04/17/09 twenty (20) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to the contractor and City personnel. 4. Assistance During Construction The ENGINEER shall attend the pre -construction conference for the project. After the pre -construction conference, the ENGINEER shall provide project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. The ENGINEER shall make periodic site visits during construction and provide documentation of the observations made, as requested by CITY. The ENGINEER shall attend the "Final" project inspection and assist with preparation of final punch list, as requested by CITY. PART D —SERVICES NOT INCLUDED 1. Services Not Included in Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: 1. Relocation of water, wastewater, or other utilities not specified in the project understanding. 2. Preparation of plans, profile drawings or designs for rehabilitated storm drain laterals & associated curb inlets. 3. Design of non-standard junction boxes for storm drains. EA2-14 Rev 04/17/09 ATTACHMENT "B" Compensation and Payment Schedule Engineering Design Services Associated With EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITION Project No. 01367 I. Compensation A. The Engineer shall be compensated a total lump sum fee of $ 287,746.00 as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor, materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1 ", Section 1 — Method of Payment. C. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted with 360 calendar days after the "Notice to Proceed" letter is issued. A. Concept Engineering — 90 calendar days B. Preliminary Engineering — 105 calendar days C. Final Construction Documents — 60 calendar days D. Final Plans and Contract Documents for Bid Advertisement — 30 calendar days Exhibit "1:5-1" (Supplement to Attachment B) Method of Payment Engineering Design Services Associated With EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO. 1367 I. Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Attachment A, Conceptual Engineering Plan Submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee less surveying and construction phase services. Until satisfactory completion of Attachment A, Preliminary Engineering Plan Submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee, less previous payments, surveying and construction phase services. Until satisfactory completion of Attachment A, Final Construction Documents and approval by the City, a sum not to exceed 90 percent of the total lump sum fee, less previous payments, surveying and construction phase services. Surveying services and construction phase services shall be paid after services are rendered. II. Progress Reports A. The Engineer shall submit to the designated representative of the Directory of the Department of Transportation and Public Works monthly progress reports covering all phases of design by the last working day of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and ion specifications that the opinion of probable constructcost of $3,589,839 (as estimated in Exhibit "13-5") will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the Engineer shall immediately report such fact to City's Director of the Department of Transportation and Public Works and, if so instructed by the Director of the Department of Transportation and Public Works shall suspend all work hereunder. Exhibit "B-2" (Supplement to Attachment B) Engineering Design Services Associated With EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION Project No. 01367 COSTS BASED ON HOURLY RATES Compensation to LAN for approved hourly reimbursable services shall be computed on the basis of: Position Principal Sr. Project Manager Sr. Engineer Engineer Technician Administrative Graphic Artist Architect Rate Range/Hour $ 200.00 - $ 250.00 $ 180.00 - $ 225.00 $ 135.00 - $ 215.00 $ 105.00 - $ 150.00 $ 80.00 - $ 110.00 $ 75.00 - $ 100.00 $ 80. 00 - $ 110.00 $ 105. 00 - $ 150.00 Rates for In-house Services and Printing Description Bond Vellum Mylar Bluelines/Blacklines Offset and Xerox Copies Offset and Xerox Copies Binding (Reg. Cover) Mileage Other Direct Expenses $ 5.00 per plot $ 8.00 per plot $ 15.00 per plot $ 0.45 per square foot $ 0.10 per single side copy $ 0.20 per double side copy $ 5.00 per book Current IRS -Approved Rates Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include out sourced printing and reproduction expense, communication expense, and other miscellaneous expenses directly related to the work, including costs of work required to be done by independent persons other than staff members. � These rates are effective through December 31, 2009, and are subject to adjustment beginning January 1, 2014, and each January 1 thereafter. Consulting Firm EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL PROJECT FEES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO. 01367 Prime Responsibility Lockwood Andrews & Newnam, Inc. M/WBE Sub -consultants Drainage Engineering Design (Basic) Water/Wastewater Engineering Design (Basic) Alternative Rehab Methods Analysis Topographic Survey for Design Permanent Easement Surveying Subsurface Utility Engineering (SUE) Type B Railroad Crossing Permits Fee $169,932 $0 $291325 $211700 $35200 $291000 $19,752 Percent 74.0% C$4,026 (10%) Fee on M/WBE Firms $7,470 Misc. Project Expense (mileage, photos, copies, courier, etc.) (LS; $200 Printing & Reproduction Subtotal $3,141 Total $287,746 100.0% onstruction Assistance ANA Consultants, LLC - Surveying/Engineering $43,700 Gorrondona & Associates - Subsurface Utility Engineering (SUE) $29,000 Reprographics, Inc. - Printing $2,000 Total $74,700 26.0% EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE, SUE FEE AND CONSTRUCTION SERVICES) EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO.01367 A. SUMMARY OF TOTAL FEE Service Descri tion Sewer Pavin raina a Total S ecial Services $0 $63,088 $63,088 Engineerin Desi n M $0 $169,932 $169,932 Surveying Services $0 $21,700 $215700 SUE $0 $295000 $2%000 Construction Services $0 $0 $4,026 $4,026 Total �EE$0 $0 $2877746 $2879746 and Final Design a. Concept (30%) _ (Total Water Fee - Wat Sury & Const) x (0.3) _ $0 b. Preliminary (60%) = (Total Water Fee - Wat Sury & Const) x (0.6) _ $0 c. Final (10%) _ (Total Water Fee - Water Sury & Const) x (0.1) _ $0 $0 and Final Design a. Concept (30%) _ (Total Sewer Fee -Sew Sury & Const) x (0.3) _ $0 b. Preliminary(60%) _ (Total Sewer Fee -Sew Sury & Const) x (0.6) _ $0 c. Final (10%) _ (Total Sewer Fee - Sew Sury & Const) x (0.1) _ $0 $0 3 Total Paving Fee (less Survey SUE and Construction Services) Breakdown by Cone Preliminary and Final Design a. Concept (30%) _ (Total Paving Fee -Pav Survey & Const) x (0.3) b. Preliminary (60%) _ (Total Paving Fee -Pav Sury & Const) x (0.6) _ $139,812 c. Final (10%) —(Total Paving Fee - Pav Sury & Const) x (0.1) _ $23,302 $2339020 EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT "B") SUMMARY OF PROFESSIONAL SERVICES FEES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT N0.01367 Consulting Firm Prime Responsibility Fee Conceptual Engineering $72,372 Preliminary Engineering $66,408 Final Engineering $31,152 Total $169,932 W LL W U uj V) m z M z m o_ F N m w = LL Z 0 Y K m �1 a N a n M O O tD �D f0 OD OI m a O Ci w W a Q T-: (V 1�: m> N M a G V M M N w w00 w w w tV wwwwwwwwinwwwwinw M a N w w N win w w w w�` O 00 O a O� O W N N N tm fD M M a N 0 y M N N <p U� '- M M �- N n i0 a O O M i 0 F- O vdNi O mo a� `o O O M M fm m) O 0 E �+ v c 0m00 .c dC V u t0 N O w O (D q* O O N a;} a (Bcy N V O ap tp (p a N O N N m C uo1 a a r N N N cp ? 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M LL') 10 n M N V to m M to n V N N t0 91 N N O 69 nN a t0 N n c0 7 O W a N n N n O O N H � U: }} ey} y � 64 �� 64 K Vi N W y �(LO � NbN9 �� V364 fA � A fR O F- it7 O C to N N to m y d' N N M C'M m to m 7 N L6 n N . 7 S OI F 0 0 0 ai tss qi x ur 0 0 0 0 N O V V N t0 tD t0 V 7 t0 V O t0 O 00 dD N O N N n m .- N N N m N a M c+f In iA N V t0 N QO d' a W r- tD O t0 N m C Oo N N tp o of g N N N qT It a V' V w N fO'1 O O !> tD O N N co I to '- M ; Yf V tC I O L:p 1 : NVi N N .- qCT N -....N N C G_ c O O W d N N dj t- N .-. °� d c O '� � to Cl N - to CL Oz `� coo 0 � v ate' ao o Z E Q c° , v! c O U N.• NlY m0 Oai NX N 0 d N Nct N., N UJ 4c 0UW N` p 'c>w E �C ai -ORxa� € Zo y 4IIdr E w0 E d o t c OFO— NO�02Z CL CD 7 ccO 0 m a)a;rc a3Da m w �- 0 �c� ma5a� a c d 5 oIc mm c c oUd 0 o o. ai oo oto U ao o IV m �ornU��a U� pYa cc my °tID N 6m'; (D° FIII o .c � c N o CD d O- F o m t d vvt 4) .c O UaU w w F- d 0i Iaa JOQ a¢dU ¢( N r N c7 fV vi NM7 n n ao O N N N N a W W LL fn W U uj W to M JQ O m fD N H to m W = LL a 3 OY Q W K m u+ N w co N M to O W t0 O O W n n N oo O W cD M t0 N N N b O t0 00 69 1� n h s� a N M M O (o �. 00 O O O rM� CD L) � � to f0 ��O fV M v {9 nOj'-� 69 Id f9 EA 69 64 N 69 N) y fA fA O F O CD O f` f0 CO Q) m tq W O NM N N t[j N N In N N O S O H 0 o O o O 600, p O N N N O O o C OO- O' (O N cD N O a0 a0 N O co co Ia N a 69 <T N R V 7 to r- .- N N V' co co w in ` a pp MOt�` N I O c0 N N <t V v v CD 1 I eT ro o r. { h w to i ur O N M in L CD 1 d4 O 69 N N V' N N 'gym = m ca to If o m O o. n. _ M CL y F- rn c y @ Y rn od ro O E m m E c 0) a V O Ca a w o c° ti �. N 'N N N m a'u p to (> m (n. t c U o a O O w m E d o E c a)c T O Cp 2 `o Z o w aJaOF*' U CL o OCL m 4) dw a 0 m oa,oma E dU o rn .wNc� of m y LLo�vo LLo mUU c�dm U N cNN 00 Q o o O o m cm aaC! h J0UaQO a y prjp tmh N M NW- a THT EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT "B") FEE FOR SURVEYING SERVICES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO. 01367 Surveying Services: Paving &Drainage Topographic Survey for Design Transportation 8� Public Works and Water: Survey Services Total Water Lines Topographic Surveys Sanitary Sewer Lines Topographic Surveys 5,658LF @ $4.50/Fi $21,700 Water Department Sanitary Sewer and Water Line: Survey Services Total Total Topographic Survey Fee $21,700 $21,700 EXHIBIT "5-3D" (SUPPLEMENT TO ATTACHMENT "B") FEE FOR REPRODUCTION SERVICES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO* 01367 Printing &Reproduction Transportation &Public Works and Water Department Conceptual Design Plans 8 Sets of Concept Plan (11"x17 $0.20 /Sht x 18 11"x17" Sht X 8 = $172.80 Preliminary &Utility Clearance Plans 15 Sets of Constr. Plans $0.35 /sf x 21 6sf/Sht/Plan X 15 = $661.50 2 Sets of Specifications W/Color $0.10 /Sht x 350 Sht/Spec X 2 = $70.00 Spec's Cover/Bind $4.00 Ea. 1 Book 2 = $8.00 8 Sets of Prelim Plans (I I"x17") $0.20 /Sht x 21 11"x17" Sht X 8 = $201.60 Final Plans 2 Sets of Constr. Plans $0.45 /sf x 21 6sf/Sht/Plan X 2 = $113.40 4 Sets of Specifications W/Color $0.10 /Sht x 350 Sht/Spec X 4 = $140900 2 Spec's Cover/Bind $4.00 Ea. 1 ea. X 2 = $8.00 8 Sets of Final Plans (11 "x17") $0.20 /Sht x 21 11 "x17" Sht X 8 = $201.60 Bid Documents 20 Sets of Constr. Plans $0.25 /sf x 21 6sf/Sht/Plan X 20 = $630.00 20 Sets Specifications W/Color $0.08 /Sht x 350 Sht/Spec X 20 = $560.00 20 Spec's Cover/Bind $4.00 Ea. 1 ea. X 20 = $80.00 Mounted Exhibits for Public Meetings 1 Drawing on Board $200.00 EA 0 Plots/Prof X 1 = $0.00 Final Mylars for Record Purposes 1 Sat of Plans $14.00 /Sht x 21 Sht/Plan X 1 = $294.00 Printing &Reproduction Subtotal $3,141 Transportation 8 Public Works and Water Department $3,141 Water Department (Water &Sanitary Sewer) $0 EXHIBIT "0-4" (SUPPLEMENT TO ATTACHMENT "B") SPECIAL SERVICES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO. 01367 Special Services: Transportation &Public Works: Alternative Analysis Storm Drain Rehab Methods $29,325 Subsurface Utility Engineering (SUE Level B) $29,000 Railroad Utility Crossing Permits (2) $199752 Permanent Easements (4) $3,200 Misc. Project Expense (mileage, photos, copies, courier, etc.) (LS) $200 Construction Assistance (hourly) $4,026 Transportation &Public Works: _ $85,503 Water Department (Water &Sanitary Sewer): Water Department (Water &Sanitary Sewer): $0 Total Special Services $85,503 W w LL N W U LU W rn � J a a h m O w a 3 O LU Q Or m Z O Q �"' Emb MIER W e MEMO M w loomm co Z mpooll 0 O CO Z O FM O 0 f- W N N V c� m N N (O (O e0 V' co M O�j QOf N `+ N INW M O O <t d' (D CO m m CD CDcp LL'7 M O O t� W M t` N N r� (D CD co � ON :.i 6r9 w fA fA H mcoms � �EA�fA � f14 (H 6969 fA W . 49 f- 0 0 w (O (D Q) t0 c0 f` cD M N N ^ InM M ems- N N N 0 O MORON B O F— N �o y vy Lo o .- v v LO 0 L N N E� v a C m - O v y¢ C V V t d ' F N N N (O (O (O V d' N N W* u7 V O O OO! 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N of 0 oi � vm 0 o c V N w U) .E � n E, 6 yr a 0 0 0 0 0 OD OD vyiV y r U N M N M (0 O CO) r M C C � to r� Iw W : (p M N o N N N N N M N N N N N N 0 W A C u °4) io .E M' w a` v N d O Q :.4) C:. i CD N o 4 WO OMPPPr mod` C; co ° o. o r m .E 2 tu 69 C d, � y o m o r. o U 'is c c a Clq 469 e� CG r cap p W N dv_r C 0 J C mOr � a PCc a � O- +.. 5 Pa 3 w O = �! O m 0 m ` c? W. c m c d m N m m 'O Pam ° •C 0. c Z c O Z o Z c ° E ay ° $ N A c � C NO N C P N N PC Q N m 0 Q m 2 2 U K 2 ° 3 rn Q O C r N v c d 9 C i d C NmN c m ad ma E m 2 . - Po Pa. ' ` i x U� U) Ocm W pj uj OM UN�a J m ow c ye- aV) O F zO � o o ow' �W 0 rxd N LO r a EXHIBIT "0-4.4" (SUPPLEMENT TO ATTACHMENT "B") FEE FOR SUB SURFACE UTILITY ENGINEERING SERVICES EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION PROJECT NO. 01367 Surveying Services: Paving &Drainage Location If cost/ft Cost 1) Weatherford to Crump Street SUE 5$5 $2,880 2) 2nd Street Sue 1160 $5 $5,800 2229 $5 $11,145 3) 5th Street SUE 4) 9th Street SUE 823 $5 $4,115 5) 13th Street SUE 637 $5 $3,185 6) Cotton Depot SUE 375 $5 $1,875 Transportation 8 Public Works and Water: SUE Total Water Department Sanitary Sewer and Water Line: SUE Total Total Subsurface Utility Engineering Fee $29,000 $29,000 W W LL W v w W y O J 1 Z [G O r m W W Q a O Y w it co M M M N M 0 0 0 0 O O O O N r p! co cm EA O w b9 EA fA fA Hi EA fA 69 p M M M M M 69 T.: 6030 64W r O N N� N CO N O O O O O N N M r to N yy G 1 O S O h e0 N N 00 O w N N O 0-d C a H 69 L O p O O O ate. O B 6 69 v o O c G m G '$ C) O' c V m 60 t 0 p o c O N-C U) c 69 W p O 4 A c* r o Lu �» IL o L o d > d o �LO �a m r 6 N r C4 ai N n M N i Lo co `o_w`o c 69 m tJi O p p N O CL eOey� C O U) a coi d Z v � o A O 0.: G o _ o C � U C C .E m a 0 a Q a) r E O � y 0) r D a N V N O C J U)a N p m 2 x J U O U Q m c 2 Q O ml a o r o ;, lowm aci m c F- n` a o I— EL i N M O ID h W Q1 O r N� T ` O L fV M 1 O r a ATTACHMENT Amendments to Standard Agreement for Engineering Services EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION Project No. 01367 This page is intentionally blank. 7/17/09 N:\2008 Proposals\12P-10836-000 FtW Storm Drain Structural Rehab\Contract Exhibits\7-17-09Wttachment C.docPage C-1 of C-1 EXHIBIT 1'B-5" OPINION OF CONSTRUCTION COST EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION Project No. 01367 TOTAL Item Item Description Cost Quantit Cost 1 Mobilization tUnittUnit 0,000 1 $ 10,000 2 Traffic Control 0,000 1 $ 105000 3 Temporary Erosion, Sedimentation and Environmental Controls LS $6,000 1 $ 61000 4 24" RCP LF $70 320 $ 22,400 5 36" RCP LF $150 255 $ 38,250 6 30" RCP LF $112 260 $ 29,120 7 48" RCP LF $200 275 $ 55,000 8 60" RCP LF $600 250 $ 150,000 9 Trench Excavation Protection LF $2 1360 $ 2,720 10 Post -construction TV Inspection LF $10 1360 $ 13,600 11 12 13 14 Jacking, Boring, Tunneling - 36" RCP Railroad Inspector Temporary Pavement Repair Permanent Pavement Repair LF DAY LF LF $300 $500 $10 $20 140 5 1360 1360 $ 42,000 $ 21500 $ 13,600 $ 27,200 15 6'x6' Reinforced Concrete Junction Box EA $8,250 4 $ 33,000 16 8'x8' Reinforced Concrete Junction Box EA $13,500 2 $ 27,000 17 5'x5' Reinforced Concrete Junction Box EA $5,700 3 $ 17,100 18 19 Replace Waterline Crossing Rehabilitation - Junction Box EA SF $ 3,000 $42 9 3000 $ 27,000 $ 126,000 20 Rehabilitation - 60" RCP LF $750 750 $ 562,500 21 Rehabilitation - 42" RCP LF $550 280 $ 154,000 22 Rehabilitation - 36" RCP LF $400 497 $ 198,800 23 Rehabilitation - 60" Arch LF $800 287 $ 229,600 24 Rehabilitation - 54" RCP LF $600 1639 $ 983,400 25 Rehabilitation - 48" RCP LF $500 300 $ 150,000 26 Rehabilitation - 48"x42" Arch LF $550 264 $ 145,200 27 Rehabilitation - 24" Lateral to Inlet LF $250 750 $ 187,500 Total of Base Items 3,263,490 Contingency 10% $ 326,349 "A Grand Total$ 31589,839 Attachment D — Project Schedule EAST DOWNTOWN STORM DRAIN STRUCTURAL REHABILITATION Tier Document. PROJECT NO. 1367 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) — Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) 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, • 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. 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. As stated in IILA.(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. • .. -. • • y Y • Y rn • y ' ' • • City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/13/2009 DATE: Tuesday, October 13, 2009 LOG NAME: 20EASTDOWNTOWN REFERENCE NO.: C-23847 SUBJECT: Authorize an Engineering Agreement in the Amount of $287,746.00 with Lockwood, Andrews & Newnam, Inc., for the Design of East Downtown Storm Drain Structural Rehabilitation Project RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement in the amount of $287,746.00 with Lockwood, Andrews & Newnam, Inc., for the design of East Downtown Storm Drain Structural Rehabilitation Project (Project No. 01367). DISCUSSION: The Storm Water Management Program was established to reduce 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 infrastructure reconstruction and system maintenance, master planning, enhanced development review and increased public education and outreach. On October 16, 2007, (Ordinance No. 17840-10-2007) City Council authorized the issuance and sale of $25,000,000.00 in Storm Water (Drainage) Revenue Bonds, Series 2007, to fund a two-year Storm Water Capital Project Program. Due to aging infrastructure and localized flooding complaints, a study of the existing drainage infrastructure in the east downtown area was completed in May 2008. This study identified storm drain rehabilitation needs in this portion of the Downtown area. A request for qualifications to provide drainage design was issued by the City in August of 2007 and (26) design consultants submitted statements of qualifications, including Lockwood, Andrews &Newnam, Inc. Lockwood, Andrews &Newnam, Inc., was selected to provide design services for storm drain rehabilitation identified in the completed study. The design services for the subject engineering agreement will include the following: analysis of rehabilitation options for storm drain mains and laterals; storm drain improvement including upsizing of existing storm drains in identified areas; rehabilitation of existing storm drains in identified areas; and preparation of engineering plans and contract documents for the bidding and construction of the recommended improvements and reahabilitations. Lockwood, Andrews, and Newnam, Inc., proposes to perform the design services for a lump sum fee of $287,746.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. Logname: ZOEASTDOWNTOWN Page 1 of 2 In addition to the contract amount, $143,594.00 is required for project management by the Transportation/Public Works Department. Lockwood, Andrews & Newnam, Inc., is in compliance with the City's M/WBE Ordinance by committing to 26 percent M/WBE participation. The City's goal on the project is 25 percent. This project is located in Council District 9, Mapsco, FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccounVCenters P229 531200 209280136731 $69,906.00 P229 531200 209280136732 $139 812.00 P229 531200 209280136733 $23 302.00 P229 531200 209280136751 $50 700.00 P229 531200 209280136785 4 0$ 26.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: William Verkest (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS 1. FAR East Downtown(3).pdf (CFW Internal) 2. FAR- 01367-00001_,pdf (CFW lnternal) 3. FUNDS AVAILABLE.doc (CFW Internal) 4. MAP 20EASTDOWNTOWN.p_df (Public) 5. MWBE 20EastDowntown_(3).pdf (CFW Internal) Logname: 20EASTDOWNTOWN Page 2 of 2