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HomeMy WebLinkAboutContract 39373 ,ITy " C°RETARY 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 Lee Engineering, LLC, (the "ENGINEER"), for a PROJECT generally described as: Terrell Heights Street Light Project. 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) 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 M. after giving City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 29 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These 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 2 of 29 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 29 current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings, I. Minority and Woman Business Enterprise (M/WBE) 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 29 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 29 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 29 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 a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 29 to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 of 29 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's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 29 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 29 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 29 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER'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 29 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 29 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 29 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/ Additional Contract Provisions for Construction Contracts Attachment D - Project Schedule Attachment E - Location Map rr�� Executed in Fort Worth, Texas, this the2 day of A.D., 2009. Lee Engineering, LLC APPROVED: CITY OF FORT WORTH By: By�v�..�.ls Dharmesh Shah, PE, PTOE Fernando Costa Project Maner Assistant City Manager vicPre ag e_- si e n t APPROVAL RECOMMENDED \r By: By: l Y\ A rclk"�S William . Verkes irector Marty Hendrix Transportation & Public Works Dept City Secretary APPROVED A TO FORM AND LEGALITY: M&C C- (October 13th, 2009) Contract Authorization By: Amy J. R sley Assistant City Attorney City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 29 k � ,Y'y,i� { 1 . _ � - z+• ATTACHMENT "A" Scope for Engineering Design (Plans, Specifications, and Estimates) Related Services for Roadway and Pedestrian Street Light Installation in Terrell Heights Historic District The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. t1NSTRUCTIONS to ENGINEER. Using the following format and guidance, clearly describe the work that you will perform to fulfill this contract. The scope is organized by the typical key activities in a project. For activities in this scope, provide detail on the work that will be performed, key assumptions, and deliverables. Simply delete those activities that are not applicable to this contract. Activities and deliverables that are highlighted in yellow are REQUIRED and should not be revised or deleted without prior approval of the CITY's Project Manager.] OBJECTIVE Design roadway and pedestrian street light plan set for the Terrell Heights Historic District including specifications and estimates according to AASHTO Roadway Lighting design standards and the City of Fort Worth Street Light and Traffic Signal policies. The Terrell Heights Historic District is defined as the area bounded by Rosedale, Evans, Vickery, and the RR tracks and is shown in the attached exhibit. This project does not include arterial lighting for Rosedale, Evans, or Vickery. The street light design should include, but is not limited to the following: WORK TO BE PERFORMED The Engineer will perform the following tasks. Task 1. Project Management Task 2. Land Surveying, Sub Surface Utility Engineering, and Base Map Preparation Task 3. Concept Design Meeting Task 4. Lighting Analysis and Calculations— Photometric Plan Task 5. Electrical Design Task 6. Design Plan Preparation Task 7. Prepare Record Drawing — Phase I TASK 1. PROJECT MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. • Managing the Team —The ENGINEER will perform the following tasks to manage the team. o Lead, manage and direct design team activities o Ensure quality control is practiced in performance of the work City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 16 of 29 o Communicate internally among team members o Task and allocate team resources • Communications and Reporting o The ENGINEER will attend a kickoff and chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements o Conduct and document biweekly meetings with CITY Project Manager o Conduct and document weekly design team meetings o Prepare invoices and submit monthly in the format requested by the CITY. o Prepare and submit monthly progress reports in the format provided by the respective CITY Department. o Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. o Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project o Coordinate with other agencies and entities (i.e. utility companies) as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design o With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Deliverables A. Meeting summaries with action items shall be prepared for all meetings with CITY staff B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. LAND SURVEYING, LEVEL B SUE, AND BASE MAP PREPARATION • Land Surveying - The following itemized surveying services will be along New York, Hattie, Virginia and Pulaski in the study area as well as Humbolt from Evans to New York, Verbena from Evans to New York, Dashwood from Evans to New York, and Terrell from Evans to New York: o Research property owners per TAD and obtain copies of subdivision plats. o Locate enough property corners to establish property lines and existing right-of-way lines. Prepare a property map of the existing right-of-way showing lots numbers and tax City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 17 of 29 ownership information of the parcels of land affected by the project. Deliverables include a property map to overlay onto the topographic survey prepared in a MicroStation V8 drawing file. o The horizontal control shall be NAD83, North Central Zone. o Provide a topographic survey of the proposed lighting project with the limits identified above (being approximately 12,895 linear feet). The topographic survey shall be from back of curb to right-of-way line on each side of the roadway. The topographic survey shall include, but not limited to, locating all existing features such as water valves, water meters, back of curb, asphalt, sidewalks, fences, driveways, storm & sewer manholes, inlets, trees 6" and larger, power poles, mailboxes, signs, telephone risers and other visible features. • Subsurface Utility Engineering QL"B" — The ENGINEER will perform this work in general accordance with the recommended practices and procedures described in ASCE Publication CUASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). The limit of SUE work consists of along Humbolt from Evans to New York, Verbena from Evans to New York, Dashwood from Evans to New York, and Terrell from Evans to New York. o The ENGINEER will utilize geophysical prospecting equipment to designate the horizontal position of existing underground utilities that are within the existing ROW. This level of work includes acquiring "as-built" documentation from utility companies and making the initial contact with their representatives. For the streets indicated in Phase I, only along Pulaski were there indications of utilities, (gas line) between the back of curb and the sidewalk. It appears the other streets in Phase I utilize a utility alley between the houses or aerial lines to provide utility service. Within the street water and sanitary sewer lines exist with services running to each home. • Base Map Preparaion - The Engineer will perform the following tasks to prepare base maps for the entire study area. o Obtain as-built plans, ROW information, and 2009 aerial maps (including planimetrics etc.) from the City. o Obtain CAD standards from the CITY and setup file structure and CAD environment. o Utilize the survey and SUE information (identified above) and aerial maps to prepare preliminary base maps. Incorporate ROW and utility information as well as draw existing sidewalks into base maps. o Contact utility companies in the area to locate existing utilities. o Conduct field visit of the area to verify information on the base maps and to photograph key features of all streets in the study area. The following items will be noted on the aerial maps: - Proximity of retail establishments - Proximity of recreational facilities - Existing lighting pattern in the area including pole spacing and pole location (street corners only or continuous etc.) - Existing sidewalk and ramp locations as well as existing landscaping near the street that may impact lighting City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 18 of 29 o Incorporate field notes into the base maps and finalize base maps. o Obtain any available historical crash data, traffic volumes and pedestrian volumes data from the City. The count data will be reviewed to identify high traffic volume and pedestrian volume streets/intersections. • Assumptions o Survey and SUE will only be performed for the street segments identified above in this task. • Deliverables o Deliverables shall include a MicroStation V8 drawing file showing all of the features located. Provide copies of the survey field notes, a hardcopy of the coordinates and an ASCII file of the coordinates for the points located. TASK 3. CONCEPT DESIGN MEETING After completing field visit and review of existing conditions and volumes, ENGINEER will prepare for and conduct a concept design meeting with the City of Fort Worth staff to establish illumination design criteria for the project. This project will follow AASHTO requirements. The Engineer will review the following items and present their evaluation during the meeting. o Review AASHTO Design Standards as they related to roadway and sidewalks. Based on discussions with the CITY staff, light level requirements for different streets will be established. o Review Illumination Engineers Society (IES) Standards and present guidance for vertical illuminance requirements on pedestrian ways. Based on input from the CITY staff, vertical light level requirements will be established for different streets in the project area. o Review CITY's preference for poles and fixtures and identify pole heights based on light level requirements. In addition, City's guidelines regarding pole spacing including the need for continuous or partial lighting (street corners only) will be discussed. o Review CITY's electrical system requirements including service voltage (240/480), services type (pedestal mount, overhead etc.), voltage drop allowance, and maintenance preferences. In addition, local utility provider contact information will be obtained from the City and utility coordination protocol will be established. o Identify design challenges such as street layouts, landscaping, adjacent development, etc. that will impact light patterns. o Identify streets in Phase II and Phase III for which photometric plans will be prepared. The ENGINEER shall produce a photometric plan for the entire Phase I. • Assumptions o CITY standards for electrical service requirements are available. TASK 4. LIGHTING ANALYSIS AND CALCULATIONS — PHOTOMETRIC PLAN The ENGINEER will perform light level calculations using AG132 or similar lighting calculation program to determine optimum pole spacing with respect to maintaining required average light levels, and uniformity ratios and minimizing glare and light City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 19 of 29 pollution. As part of the light level calculations, the ENGINEER will consider the following items. - Ballast type and rating — Voltage drop affects light output differently for various ballast types - Use of maintenance factors for specific conditions of the project. - Lamp Lumen Depreciation (LLD); Degree of Luminaire Dirt Depreciation (LDD) The ENGINEER will submit photometric plans showing light levels for Phase I area and selected street sections (a total of six streets) for Phase II and Phase III. The plans for Phase I will include all existing base maps. The ENGINEER will meet with the CITY to discuss photometric plans and to finalize light level requirements. The ENGINEER will also prepare a Design Concept Report identifying design guidelines established during the concept design meeting. This report will also include engineering reasons for the proposed illumination layout. The report will be submitted to the CITY for review and will be finalized after incorporating City's comments. • Assumptions o The ENGINEER shall submit one PDF electronic copy of the photometric plans through BUZZSAW and up to two 11" X 17" paper copies for review by the City. This will be considered 30% submittal. o The ENGINEER shall meet once with the CITY to review their comments. Following the meeting, the ENGINEER shall incorporate CITY's comments and submit final photometric plans. • Deliverables A. Final photometric plans and report TASK 5. ELECTICAL DESIGN • The ENGINEER shall coordinate a field meeting with the City to determine electrical service locations. • The ENGINEER shall perform all necessary electrical service calculations, circuit designs, and voltage drop calculations. • The ENGINEER shall submit all electrical calculations spreadsheets to the CITY for review. • Assumptions o The ENGINEER shall submit all electrical calculations spreadsheets to the CITY. o The ENGINEER will incorporate review comments on electrical calculations from the CITY and submit updated calculations spreadsheets. o The CITY shall submit electrical service calculations and circuit designs to utility companies for approval. • Deliverables A. Electrical design calculations shall be submitted by posting a pdf in BUZZSAW. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 20 of 29 TASK 6. DESIGN PLAN PREPARATION ENGINEER will prepare and submit 90% and 100% plans, quantity estimates, and engineer's opinion of probable cost for each phase (Total — 3 Phases) as follows: The PS&E shall include the following: • Title Sheet • Estimate Summary Sheet • General Notes Sheet • Existing Conditions Layout showing utility lines, illumination, warning flashers, and any removals (if necessary). • Illumination Layout showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), proposed illumination poles and fixtures, conduit, ground boxes, power sources with distribution to signal service, electrical service, conduit and cable chart, pole location chart, and all other items required for the complete construction of the roadway and pedestrian lighting. • Street Lighting Standard Detail Sheets • Preliminary Opinion of Probable Construction Cost • Assumptions o The PS&E shall be prepared in accordance with the applicable requirements for CITY plans, details, specifications, standards, and manuals. o The ENGINEER will review the general notes, street lightingl specifications, and standard general provisions supplied by the CITY for applicability and modify (if necessary). The ENGINEER will identify any design exceptions to CITY Standards in the 90% design phase. o Existing street lighting specifications and standards furnished by the CITY will be used for design plans, unless otherwise requested by the CITY in writing. These include: - Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. - Example City standard street lighting construction details, specifications, and Contract Documents. o For Phase I of the project, survey and SUE data collected by the ENGINEER will be utilized as the basis. o For majority of the street segments in Phase II and Phase III of the project Record Drawings prepared by others (CITY or representative) and aerial photography will be used as the basis. For those street segments where ENGINEER will not perform Survey and SUE services, It is assumed that no Microstation CAD files will be available and all base files will be recreated from hard copies of record drawings or aerial maps made available by the CITY. o The plans, standards and any special specifications will be prepared using English units. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 21 of 29 o All Microstation CAD standards and level symbology will follow CITY requirements. o THE ENGINEER will field locate each pole to ensure constructability of the design. The CITY staff will meet with the ENGINEER in the field to resolve issues at critical locations. o The ENGINEER will incorporate review comments and submit 90% PS&E to the CITY (1 — PDF electronic copy submitted through Buzzsaw; up to 2 — 11" x 17" paper copies). o The ENGINEER will prepare for and attend one (1) meeting with the CITY to review and reach concurrence regarding the 90% PS&E review comments. o The ENGINEER will incorporate review comments and submit FINAL (100%) PS&E (1 — PDF electronic copy; 3 — 11" x 17" paper copies). o The ENGINEER will prepare and submit the quantity estimates and engineer's opinion of probable construction cost spreadsheets prepared in Microsoft Excel for each phase. o The CITY will prepare all bid (contract) documents for bidding of the project. o The CITY will prepare specifications for light poles and light fixtures and procure them separately. o The ENGINEER will provide the CITY a CD of the electronic Microstation illumination design files, quantity estimates, and engineer's opinion of probable construction costs for each phase (package) • Deliverables A. 90% Plans, Quantity Estimates, and Engineer's Opinion of Probable Cost B. 100% Plans, Quantity Estimates, and Engineer's Opinion of Probable Cost C. CD of the electronic Microstation traffic signal design plans, quantity estimates, and engineer's opinion of probably construction costs for each phase. Task 7. PREPARE RECORD DRAWINGS — PHASE I • The ENGINEER will prepare record drawings following the completion of the construction of Phase I (only) based upon information provided by the Contractor and/or CITY (1 — PDF electronic copy and 1 — Microstation CAD file; 1 — 11" x 17" mylar; 3— 11" x 17" paper copies). • Deliverables A. Record Drawings submitted through BUZZSAW. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 22 of 29 change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements/ROW or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Performance of bidding services including preparation of technical specifications, contract documents, pre-bid meetings, answers to contractor's technical questions, preparation of addenda for bidding, preparation of bid tables, and construction inspection. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 23 of 29 ATTACHMENT "B" Compensation City of Fort Worth Roadway and Pedestrian Street Light Design-Terrell Heights Historic District Person Hoar Estimate-Fee Estimate Person Hours Fee Estimate Task LEE Engineering r.1sTs Perwrae Ow C7P Kit KP 1D ins Adnfm CADTach tB Ps P111 is 1- Pt*a ma nagarahlt _ so 32 a a a 3 f a 0 0 a 0 S 19470.aD a BasReWPftatowaiso► - 13 rid D a 76 a a 96 0 0 0 0 S 30A65Aa 3, 45 a a a f a a a 55 30 s a S 27.94620 -: _ 44 a a a U f a a 36 u a 24 S 47,275.20 '.S - - 4 a a a 16 a a a 12 23 0 0 5 9,33720 6-._.. t plain p"Voramon - - 93 256 80 a 100 32 a 1.6D 58 32 25 24 5 123,70150 7 �ftaemd trams,- at B a a a 4a a a a 0 D 0 0 S 7,20a00 I So i 11,10MLIJ, M t W I a I4f S 297.0KID "WS&*1110141=05 fm#"L*a""Wed"004 1,61XILOD SitnAley11p1[E' U �Ad9�lN1 :::. S 2330D.aD Total fee 5 291,MAD apes OhWV erh Shaw 1P,Pmjac[Ur"ar CP floc Pieoe.%QVK:E raw t9 Kim bawmr,INm*Enpft� MWIBE u3mp'iance Perten[aps tP IefE E1•nral Prspect 110134a90l Senor E9iprep ?Awn 5 73'.0mio M 3Wwthadram*211-tw— Uaruaad— > 233aLLOD its Jaiy SharR e}aN Qq Qt Tout WK Fea 5 94,39D.10 2n tf ItulfueiettWrmrirtsoar+TidrPeader AS fe4eat SraIL�ervosdan DesKr'ea YN faprwrd Ma"O" E QWW The Engineer's total fee for the work identified in Attachment A will be $291,995.10 and will be billed as lump sum. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 29 ATTACHMENT "C" Amendments to Standard Agreement for Engineering Services Additional Contract Provisions for Construction Contracts Terrell Heights Street Light Project Under the provisions of 24 CFR 85, certain provisions are required for all contracts using grant funds provided by the U.S. Department of Housing and Urban Development. In addition, these provisions are incorporated into construction contracts to address certain contingencies which may arise under the course of work for construction contracts. Contractor understands and agrees that federal agencies funding the work under this contract, in whole or in part, as well as federal regulatory agencies and the congress are permitted to require changes, remedies, changes conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. Construction contracts are required to adhere to the following provisions: 1. Upon identification of possible breaches of contract, and prior to exercising its termination rights under this Contract, City may elect to exercise any of the following administrative remedies: a. issuance of warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving Contractor a limited time to correct the deficiency; b. placing conditions upon award of future grants; C. directing Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; Cl. requiring repayment of previously reimbursed grant funds; or e. reducing the amount of pending grant awards or disallowing future awards to Contractor. The City's election to exercise any, all, or none of the aforementioned administrative remedies does not act as a waiver of any of City's other rights or remedies under the law or this Contract for the enforcement of this Contract or the recovery of any damages relating to Contractor's actions or inactions relating to the Program, CDBG funds, and/or this Contract. 2. In addition to, and not in substitution for, other provisions of this Contract regarding the provisions with CDBG funds, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of CDBG funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 29 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) 4. For contracts and subgrants for construction or repair, Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in 29 CFR Part 3 5. For construction contracts in excess of $2,000 awarded by Contractor when required by Federal grant program legislation, Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented in 29 CFR Part 5 6. For construction contracts awarded by Contractor in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers, Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by 29 CFR Part 5. 7. Notice to awarding Contractor requirements and regulations pertaining to reporting. Contractor will submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance-for each payroll, as applicable, for services and activities accomplished by Contractor in performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly authorized agent of the Contractor and submitted each Friday of the week following the week being reported. 8. All information and data arising from the work performed under this contract shall be the property of the City of Fort Worth and may be subject to disclosure to third parties and additionally may be subject to release to the public under the provisions of the Texas Open Records Act. Contractor shall release and provide to the city or its authorized designee all information and data related to performance of work under this contract. Contractor shall not limit or attempt to limit access to information or data by the city nor shall contractor obtain or attempt to obtain a copyright to such information or data. Contractor understands and agrees that data may be released to third parties, including but not limited to the federal Department of Housing and Urban Development at the sole discretion of the city. 9. In the event a patentable invention is created as part of this Contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall, at the sole discretion of the city, be assigned to city upon demand. The city retains all rights to intellectual property developed in the course of work of this contract. 10.In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall, at the sole discretion of the city, be assigned to city upon demand. 11.City, HUD, and the United States Comptroller General, or their respective representatives, shall have access for four (4) years following the termination of this Contract to any books, documents, records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of 29 offices at all reasonable hours. This provision shall survive the termination or expiration of this Contract. 12.All records pertaining to Contract, including but not limited to any books, documents, and papers, shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. This provision shall survive the termination or expiration of this Contract. 13.The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 US 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. 14.Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Action (Pub. L. 94A 163, 89 Stat. 871), (53 FIR 8068, 8087, Mar. 11, 1988, as amended at 60 FIR 19639, 19642, Apr. 19, 1995). City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 29 ATTACHMENT "D" Proiect Schedule City of Fort Worth Roadway and Pedestrian Street Light Design-Terrell Heights Historic District Project Schedule Project Scheduie PHASE I Phase 11 B III Project Duration week 1 Wawk 2 Wick 1 Welk Vk-ek 5 week 6 Week 7 Week 8 Week 9 Week 10 week 11 week 12 Week 13.16 weer t7-20 week 21-ZS week 2o-24 t t Project nag�rMtht 2 t and Surveying,smE and 'base mzV Preparation 7 Concept Design meeting MIN Lighting Analysis and 4 Cakulavoi s-PMKometric 5 ELectric DeAp -am Om 9P?$Flasxs Renew 100?6 Plana 4 Design Plan Preparation %ith city 7 Record Drawings-Pahse I Peecrd Drawings at the end of Phase i carstruction PK4SrE I Suet+"*g and SUE CavWlek by Week 4 Phase 190%Plans SL&mitial Week 10 Phase 11CO%Ptans Sdxrittal Whisk 12 Phase g and Phase■Detailed Schwbile will be developed once Phase 1 pLans area 100%oomplehe. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 29 ATTACHMENT "E" Location Map Terrell Heights Street Light Project' DAGGETT� - DROADVVAY. R}- w S7ELLA'.. - W .J tr 3ESti4E •~ TL;IvKER 2! ANNIEID � w i CANNON = LEUOAF .ram r # 7€#tRtt TERREL� ac. x HLIME10LT z HL1I41D01-1 0 07 y M D&•SHWQOD 3: crn Y W C 0 Er Proposed Project Boudarles a v PU LASKI a J � r a OTERRELLHEIGHTS HISTORIC DISTRICT Lu } m REEA —EVANS&ROSEDALE URBAN VILLAGE A HITE PROPOSED PHASE RO EDA EE -PROPOSED PHASE II PROPOSED PHASE III City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 29 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR FI COUNCIL ACTION: Approved on 10/13/2009 DATE: 10/13/2009 REFERENCE C-23845 LOG 17TERRELLHEIGHTSSTLIGHTPROJEC' NO.: NAME: CODE: C TYPE: NOW PUBLIC CONSENT HEARING:NO SUBJECT: Authorize the Change in Use and Expenditure of$720,000.00 in Community Developmen Terrell Heights Street Light Replacement Project, Authorize a Substantial Amendment to and Authorize an Engineering Design Agreement with Lee Engineering LLC, for$291,99r-_ Specifications and Estimates Related to the Roadway and Pedestrian Street Light Installa Street Light Replacement Project RECOMMENDATION: It is recommended that the City Council: 1. Authorize a Substantial Amendment to the City's 2007-2008 Action Plan; 2. Authorize a change in use and expenditure of$720,000.00 of Community Development Block Grant Funds for the Terrell Heights Street Light Replacement Project; and 3. Authorize the City Manager or his designee to execute an engineering design agreement with Lee Engineering LLC for$291,995.10 for the preparation of construction plans, specifications and estimates related to the roadway and pedestrian street light installation of the Terrell Heights Street Light Replacement Project. DISCUSSION: The Historic Terrell Heights neighborhood is located in southeast Fort Worth in the Evans and Rosedale Urban Village area. Currently, streetlights in Terrell Heights are either missing, out of service, or architecturally inconsistent with the period style of the homes in the historic district overla, The Terrell Heights Street Light Replacement Project (Project) will add and replace existing street lights in order to promote a safer community and encourage additional development in the Historic Terrell Heights neighborhood. The Project scope calls for retaining engineering consultant services t design and prepare construction plans, specifications and estimates for construction bidding documents. Construction and staff inspection are included in the Project scope. Staff recommends the change in use and expenditure of$720,000.00 in Community Development Block Grant (CDBG) funds for the Project . These funds were not designated for any particular project and did not come from the administrative budget of the Housing and Economic Development Department. Staff recommends the use of CDBG funds to 1) hire a consultant to design and prepare construction plans, specifications and estimates for the Project and 2) install an estimated (50) to (75) street light: in the proposed Phase I area of the neighborhood. The boundary for Phase I consists of Terrell Stref to the North, Bransford Street to the East, Rosedale Street to the South and Evans Avenue to the West. Phase I is scheduled to begin in Fall 2009. Additional phases are planned using funding from future CDBG grant years and program income from the sale of properties in the Evans and Rosedale area originally purchased with CDBG funds. The Historic Southside Neighborhood Association, with the approval of the Texas Historic Commission, selected the Acorn street light for the Project. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12452&councildate=10/13/2009 10/16/2009 M&C Review Page 2 of 2 Staff has selected Lee Engineering LLC to prepare the construction plans, specifications, and estimates. Lee Engineering LLC is in compliance with the City's DBE Program by committing 37 percent DBE participation. The City's DBE goal for the Project is 18 percent. A public comment period concerning the change in use of these funds was held from September 27, 2008 through October 27, 2008 and from June 11, 2009 through July 11, 2009. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206180140 $720,000.00 GR76 539120 005206180230 $600,000.00 GR76 539120 005206180050 $120,000.00 GR76 539120 005206180140 $291,995.10 Submitted for Ci Manager's Office� Thomas Higgins (6140) OrigMating Department Head: Jay Chapa (6192) Additional Information Contact: Leticia Hurtado (7319) ATTACHMENTS Terrell Heights Street Light Project._doc http://apps.cfwnet.org/council.packet/mc review.asp?ID=12452&councildate=l0/13/2009 10/16/2009 Terrell Heights Street Light Replacement & Upgrade Project Evans & Rosedale Area PHASE I F Terrell Heights Street Light Project cIL-P�as - ', - _ -• �, 4 � �+ Ack 4 t E 4 z M � + 1 I AL Ii�L3A , Q,- �I IERRELL tiA S FI 000 v f Proposed Project Boudarles _Z. i Ln • ' Co. .4.— --0. . � r F' Q, I ULA51 1�. , =TERRELL HEIGHTS HISTORIC DISTRICT I 1 � 1 EVANS&ROSEDALE URBAN VILLAGE 4 11EI �f PROPOSED PHASE I yf I O � PROPOSED PHASEiI �■ � 4iJH 17 PROPOSED PHASE III