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HomeMy WebLinkAboutContract 45079 (2)CITY OF FORT WORTH, TEXAS CRY SVGVISICARY COM, M3 Wien „ STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Cobb Park Roadway and Drainage Improvements. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $79,000.00 as set forth in Attachment B Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 RECEIVED % 05 2013 OFFICIAL RECORD t TY SECRETARY i x (3) 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. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation o r 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, e conomic feasibility or schedules will not vary from the ENGINEER's o pinions, analyses, projections, or estimates. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not Tess than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) 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. 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. 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. it 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 Lability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability arising out of 'any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 acceptable. 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. j• The CITY shall be entitled upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER s services. The CITY will be responsible for all acts of the CITY s personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 D Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER 1. 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 PMO Official Release Date: 1/28/2013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER'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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 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 n egligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER o r 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 Executed and effective this the BY: CITY OF FORT WORTH Susan Alanis Mstant City Manager Date: toI3(( APPROVAL RECOMMENDED: B dayo Richard Zavala Director, Parks and Community Services Department APPROVED AS TO FORM LEGALITY By: nAA-MAA1A4 VIA • ug as vyx,chclle vh. Ketck Assistant City Attorney , 20 BY: ENGINEER Kimley-Horn and Associates, Inc. Glenn Gary, P.E. Senior Vice President Date: l Ci ` rc).};` gn AND M&C No.: M&C Date: ATTEST: Mary J. Kayser City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 C'2co62.) / 0/ZZ /13 r Kimley-Horn and Associates, Inc. October 24, 2013 Scott Penn, RLA Project Manager City of Fort Worth Re: Proposal for Professional Engineering Services Cobb Park Drive Roadway and Site Development Improvements Dear Scott Penn: Kimley-Horn and Associates, Inc. (KHA) is pleased to submit our proposal for professional engineering services to the City of Fort Worth (City) for the Cobb Park Drive Roadway and Site Development Improvements Project. This project consists of reconstructing approximately 2,500 linear feet of roadway through Cobb Park. The project also consists of addressing drainage issues near the basketball court and erosion issues near the roadway improvements. The attached proposal outlines services for the following tasks: Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services -NOT INCLUDED Task 8. Survey Services Task 9. Permitting Task 10. Plan Submittal Checklists and Additional Services These tasks will be performed for a lump sum fee of $79,000.00. A level of effort summary is provided in the proposal. KHA will be working with Gorrondona and Associates, Inc., and CMJ Engineering, Inc. on this project. All three of these Subconsultants are considered to be SBE firms and KHA anticipates 16% of the project will be directed towards SBEs. We are excited about partnering with the City on this project. Should you have any question or comments, please contact me. ■ Suite 275 2201 West Royal Lane Irving, Texas 75063-3206 c Kimley-Horn and Associates, Inc. Sincerely, KIMLEY HORN AND ASSOCIATES, INC. State of Texas Registered Firm #928 \ft&zakti ciu:s„scci Misty Christian, P.E., CFM Project Manager MDC:jlp cJawisis-- Mr. Scott Penn, RLA , October 24, 2013, Page 2 KALAC Roadway\MARKETING\Fort \Vorth\Drainage\Cobbpark\PPP\covert]tr.doc I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein Articles V.F., VI B VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 ATTACHMENT "A" Scope for Engineering Desian Related Services for the Parks and Community Services Department The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, ' ENGINEER" is expanded to include any sub -ENGINEER, including surveyor, employed or contracted by the ENGINEER OBJECTIVE Cobb Park is located in southeastern Fort Worth between Glen Garden Drive (southern limits) to Hwy 287 (northern limits). The intent of this project is to meet three objectives: (1) address issues associated with ponding water near the basketball courts; (2) reconstruct approximately 2,500 linear feet of existing two lane asphalt roadway (22 feet wide) known as Cobb Park Drive from Glen Garden to approximately 200 feet north of the recently constructed Conspan Bridge (roadway to remain in the existing horizontal location); and (3) address minor erosion control issues that may be threatening the integrity of Cobb Park Drive within the project limits described in (2). Task Task Task Task Task Task Task Task Task Task WORK TO BE PERFORMED 1 Design Management 2. Conceptual Design 3 Preliminary Design 4. Final Design 5 Bid Phase Services 6. Construction Phase Services 7. ROW/Easement Services -NOT INCLUDED IN THIS PROJECT 8. Survey Services 9 Permitting 10. Plan Submittal Checklists and Additional Services TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team ® Lead, manage and direct design team activities ® Ensure quality control is practiced in performance of the work ® Communicate internally among team members City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 22 • ® Task and allocate team resources 1.2. Communications and Reporting o Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. ® Conduct and document monthly project update meetings with CITY Project Manager. ® Attend two (2) stakeholder meetings, with CITY representatives, to present schematic/concept plan and final improvement document. ® Conduct and document biweekly design team meetings. ® Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. Prepare and submit monthly progress reports in the format provided by the respective CITY Department. ® Prepare and submit 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 MBE/SBE Report Form and Final Summary Payment Report Form at the end of the project. Coordination of survey and geo-technical work. 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. ® Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-ENGINEERs shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS o It is assumed that the CITY will address questions and provide direction to the ENGINEER, when requested, in a timely manner. CITY will provide services as described in the "ENGINEER Agreement Preparation Checklist-City/ENGINEER Duties". DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2of16 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. SCHEMATIC DESIGN (30 PERCENT). The Schematic Design shall be submitted to CITY per the approved Project Schedule. The purpose of the schematic design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem and to obtain the CITY's endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. ENGINEER will develop the schematic design of the infrastructure as follows. 2.1. 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 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, franchise utilities, CITY Master Plans, CITY drainage complaint files existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. 2.2. Drainage Computations ® ENGINEER will evaluate the ponding issues near the basketball court within Cobb Park ENGINEER will use the Rational Method to determine the quantity of water that is directed toward this area ENGINEER will prepare a drainage area map summarizing the assessment which will include the peak discharges for the 1, 5, 10, 25, and 100 year storm events ENGINEER will develop up to two designs to alleviate this ponding. A hydrologic and hydrologic analysis of Sycamore Creek is not included in the Scope of Services and will be considered Additional Services. Preparation of a unit hydrograph or developing a HEC-HMS model will be considered Additional Services ENGINEER will keep the roadway elevation at the same elevation (or lower) than the existing roadway elevations in order to ensure that the floodplain is not impacted. It is assumed that the design will show the existing elevations and proposed elevations on a plan sheet to demonstrate no modifications to the floodplain. HEC-RAS models will not be updated as part of this Scope of Services. Coordination with the floodplain administrator will include obtaining a floodplain and grading permit based upon no modifications to the floodplain (Le. no increases to the floodway base flood elevations). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 16 0 2.3. Roadway Improvements ENGINEER will review the recommendation of the pavement section from the geotechnical engineer ENGINEER will develop a conceptual design of the roadway improvements taking into consideration existing structures, trees, topography, and culverts. Existing culverts will be maintained and the design of n ew or the modifications to existing culverts will be considered Additional Services. 2.4. Erosion Control Improvements ® ENGINEER will visit the site to review the potential erosion control issues associated with the site improvements. The design may include developing non- structural solution to address minor erosion control issues. Addressing or designing erosion control measures within or along the side slopes of Sycamore Creek will be considered Additional Services. 2.5 Stakeholder Meeting (Advisory Committee Meeting) ® ENGINEER will meet CITY representatives to present the 30% plans and obtain comments (this will occur prior to the Stakeholder Meeting). ® ENGINEER will prepare for and attend meeting. This includes the preparation of u p to two color, aerial exhibits showing the proposed improvements ® ENGINEER will address the 30% comments before preparing the 60% plans. 2.6 The Schematic Design Package shall include the following: ® Cover sheet ® Drainage area map with supporting drainage computations in the CITY's standard tabular format. ® Conceptual iSWM Checklist in accordance with the current iSWM Cnteria Manual for Site Development and Construction Include documentation that the proposed storm water project will not impact upstream and downstream properties. ® Plan sheet showing the proposed improvements to alleviate the ponding water n ear the basketball court. Profiles will be provided on 60% submittal. ® Horizontal alignment (excluding profiles) of proposed roadway improvements. The plan will show the property lines existing trees, fence, park equipment, edge of pavement, and culverts. Plan sheet showing erosion issues and a design to alleviate the issues (plan view only). ® Floodplain permit ® Estimates of probable construction cost. ASSUMPTIONS City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 16 o All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. o Floodplain permit. o No Subsurface Utility Exploration (SUE) will be performed as part of the Scope of Services o 5 copies of the conceptual design package will be delivered. Drawings will be half size (11 ' x 17'). o DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw o All submitted documents and checklists will also be uploaded t the designated project folder in Buzzsaw o ENGINEER shall not proceed with Design Development activities without written approval by the CITY of the Schematic Design Package. DELIVERABLES A. Schematic Design Package. B. Schematic iSWM Checklist C. Floodplain Permit TASK 3. DESIGN DEVELOPMENT (60 PERCENT). Plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the 60% design of the infrastructure as follows. 3.1. Development of Design Development Drawings shall include the following: 0 Cover Sheet o Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the current iSWM Criteria Manual for Site Development and Construction. o Plan and profile sheet showing design for ponding water issue near basketball court. o A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X Y and Z Coordinates, in an identified coordinate system, and a referred bearing base Z coordinate on City Datum only; descriptive location (i e. set in the centerline of 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). o Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 16 ® Plan and profile drawings of proposed roadway improvements, including existing structures, park equipment, edge of pavement, trees, and culverts Typical section will be provided on the roadway plan and profile sheets. ® No less than two bench marks per plan/profile sheet. ® The ENGINEER will use CITY standard details for the roadway improvements. The ENGINEER will provide a typical pavement section based upon recommendations by the geotechnical engineer. Preparation of special details (other than the typical section and standard City details) by the ENGINEER will be considered Additional S ervices. ® Station equations relating utilities to paving, when appropriate. Proposed roadway profile grades and elevations along curb line/edge of pavement; 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 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. ® Preliminary roadway cross -sections will be developed, from the survey notes. S cale will be 1" = 20' horizontal and 1" = 2' vertical. Excavation and embankment volumes and end area computations shall also be provided. 3.2. Geotechnical Investigation/Pavement Design ® Bores will be provided to determine pavement recommendations only. This S cope of Services does not include geotechnical testing analysis or recommendations to address erosion control measures This will be considered Additional Services. ® Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. For purposes of this Scope of Services, up to three bores will be provided. ® 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. 3.3 Constructability Review 0 P rior to the 60 percent review meeting with the CITY, the 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. 3.4 Traffic Control Plan City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6of16 ® Develop a traffic control plan utilizing standard traffic reroute configurations posted as `Typicals' on the CITY s Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. ® Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 3.5 Stakeholder Meeting (Advisory Committee Meeting) ® ENGINEER will meet CITY representatives to present the 60% plans and obtain comments (prior to the Stakeholder Meeting). ® ENGINEER will prepare for and attend meeting. This includes the preparation of up to two color, aerial exhibits showing the proposed improvements ® ENGINEER will address the 60% comments before preparing the 95% plans. ASSUMPTIONS ® These tasks are intended to be for a 60% submittal, which is slightly more than the project being half way complete. All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction.. ® Traffic Control "Typicals' will be utilized to the extent possible. It is assumed an additional two (2) project specific traffic control sheets will be developed. ® Two (2) copies of the geotechnical report will be delivered to the CITY. ® Up to five (5) full size (22"x34") or half size (11 "x17") plan sets will be delivered for Utility Clearance. ® Up to two (2) full size (22"x34") or half size (11"x17") plan sets will be delivered for Constructability Review. ® Up to five (5) full size (22"x34") or half size (11"x17") drawings will be delivered for Preliminary Design. ® DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. ® All submitted documents and checklists will also be uploaded to the designated project folder in Buzzsaw. ® Geotechnical analysis, such as global stability analysis and recommendations for erosion control measures, is not included in this Scope of Services. It will be considered Additional Services for the geotech to recommend erosion control solutions. ® ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Design Development Design plans. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 16 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The standard of care applicable to the ENGINEER s services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER D Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 ® Design or modifications of existing water and/or sewer lines will be considered Additional Services. ® Design modifications to existing box culverts will be considered Additional S ervices. ® Design of gabion walls, baskets, concrete walls, articulated block walls, gravity walls or sloped channel treatments is considered to be be considered Additional S ervices. DELIVERABLES A. Design Development drawings B. Preliminary iSWM Checklist C. Geotechnical Report D. Documentation of key design decisions (Project Decision Log) E Estimates of probable construction cost F. Traffic Control Plans TASK 4. FINAL DESIGN (95 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Design Development plans, ENGINEER will prepare construction plans as follows: ® Preparation of specifications and bidding documents for the project. ® Final draft construction plans and specifications included iSWM Construction Plan shall be submitted to CITY per the approved Project Schedule. ® Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. ® 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. ® Following a 95% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule Each plan sheet shall be stamped dated and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS ® All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. ® Up to five (5) half size (11"x17") and up to five (5) full size (22"x34") drawings and specifications will be delivered for the 90% design. ® A DWF file for the 95% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 8 of 16 ® Up to five (5) half size (11"x17") and up to five (5) full size (22"x34") drawings and specifications will be delivered for the 100% design. ® A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. ® It is anticipated the following sheets will be included in the plan set: gilMi ilEi illiMIRM Cover Page (1 Sheet) General Notes (1 Sheet) Dimensional Control (1 Sheets) Erosion Control Plan (2 Sheets) Typical Sections (part of roadway sheets) Roadway Plan and Profile Sheets (6 Sheets) S ignage and Pavement Marking Sheets (included on Paving Sheets, use existing signage where possible) P lan and Profile Sheet showing design to address ponding water (2 sheets) P lan and Profile Sheet showing design to address erosion control issues (1 sheet) Traffic Control Sheet (2 Sheets, TxDOT/City Details) Standard Details (6-10 Sheets) Other Details (2-4 Sheets) DELIVERABLES A. 95% construction plans specifications. B. 100% construction plans and specifications. C. Final iSWM Checklist D. Grading Permit E Floodplain Permit F. Documentation of key design decisions (Project Decision Log). G. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format H. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BIDDING PHASE SERVICES City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 9 of 16 ENGINEER will provide survey support as follows. For purposes of developing a professional fee for this Scope of Services, the Bidding Phase Services fee is based upon 15 hours of effort. Exceeding the 15 hours will be considered Additional Services. 5.1 Bidding Phase Services ® ENGINEER will assist the CITY in answering contractor's questions, assist in issuing addendums, and making clarifications to the plans and specifications. ® Providing additional copies of the final plans and specifications during the bidding phase will be considered Additional Services. ® Attending pre -bid meetings ® Coordination with franchise utilities will be considered Additional Services. TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will provide survey support as follows. For scoping purposes it is assumed that construction may take up to six months and the professional fee provided is for approximately ten hours per month for a total of 60 hours Exceeding the budgetary time of 60 hours will be considered Additional Services. 6.1 Construction Phase Services ® ENGINEER will perform limited Construction Phase Services which may include the following tasks: o Pre -Construction Conference. ENGINEER will conduct [or attend] a Pre - Construction Conference prior to commencement of Work at the Site. o Visits to Site and Observation of Construction ENGINEER will provide on - site observation services during the construction phase. ENGINEER will make visits at intervals as directed by CITY in order to observe the progress of the Work. Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Work. The purpose of ENGINEER's site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 10 of 16 supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means methods techniques, equipment choice and usage, sequences schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. o Recommendations with Respect to Defective Work. ENGINEER will recommend to CITY that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to Contract Documents o Clarifications and Interpretations ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractors work. Any orders authorizing variations from the Contract Documents will be made by CITY. o Change Orders ENGINEER may recommend Change Orders to CITY, and will review and make recommendations related to Change Orders submitted o r proposed by the Contractor. o Shop Drawings and Samples ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. o Substitutes and "or -equal. ' Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. o Inspections and Tests. ENGINEER may require special inspections or tests of Contractor's work as ENGINEER deems appropriate, and may receive and review certificates of inspections within ENGINEER's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content o r procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents ENGINEER shall be entitled to rely o n the results of such tests and the facts being certified. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 11 of 16 o Disagreements between CITY and Contractor. ENGINEER will, if requested by CITY, render written decision on all claims of CITY and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and n ot show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. o Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, ENGINEER will determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to CITY, based on such o bservations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work ENGINEER's recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to CITY free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between CITY and Contractor that might affect the amount that should be paid. o Substantial Completion. ENGINEER will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with CITY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. If after considering any objections of CITY, ENGINEER considers the Work substantially complete, ENGINEER will notify CITY and Contractor o Final Notice of Acceptability of the Work. ENGINEER will conduct a final site ✓ isit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 12 of 16 ENGINEER may recommend, in writing final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of ENGINEER's knowledge, information and belief based on the extent of its services and based upon information provided to ENGINEER upon which it is entitled to rely. o Limitation of Responsibilities ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. TASK 7. RIGHT OF WAY/EASEMENTS-NOT INCLUDED TASK 8. SURVEY ENGINEER will provide survey support as follows. 8.1 Design Survey • 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, 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 culverts will be surveyed including flowline elevations. ® The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data Generally on a scale of not less than 1:400 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 of 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). ASSUMPTIONS ® Survey limits will be limited to 10 feet beyond the edge of existing roadway pavement. This limit may extend beyond 10 feet in the area where the new roadway will be shifted to the west to avoid erosion control issues within Sycamore Creek. ® This Scope of Services does not include construction staking. It will be considered Additional Services. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 13 of 16 ® Survey of Sycamore Creek will be considered Additional Services. ® SUE survey will be considered Additional Services. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER does not guarantee the issuance of permits or approvals. If permits are issued for this project, the conditions and expiration dates are the sole responsibility of the CITY. ENGINEER is not responsible for extending time limited entitlements or permits ENGINEER can provide services to file for extensions, if applicable, provided the CITY issues a direct written request for each requested entitlement, prior to the dates of expiration. Services provided as part of this Scope of Services include the following: 9.1. iSWM Submittals and Checklist ® The ENGINEER will prepare necessary iSWM submittals and checklist as required by the CITY's criteria. 9.2 Storm Water Pollution Prevention Plan ® For projects that disturb an area greater than one (1) acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare an Erosion Control Plan for the project. The SWPPP will be considered a bid item which will be prepared by the contractor 9.3. Floodplain Services Submitting forms/applications for CITY review to obtain a floodplain permit • Responding to CITY's comments 9.4. Grading Permit ® Submitting forms/applications for CITY review to obtain a grading permit ® Responding to CITY's comments ASSUMPTIONS ® Permit preparation will begin after approval of the Design Development Design. ® This Scope of Services does not include coordination or permitting activities with any Federal or State agency. ® One meeting is assumed to occur with preparing and filing for the Floodplain permit. ® Preparation of a CLOMR/LOMR or other hydraulic analyses will be considered Additional Services. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 14 of 16 DELIVERABLES A. An iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction to be incorporated into the SWPPP by the contractor. B ENGINEER will prepare a Floodplain Permit in accordance with CITY criteria. C ENGINEER will prepare a Grading Permit in accordance with CITY criteria. TASK 10. PLAN SUBMITTAL CHECKLISTS AND ADDITIONAL SERVICES Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTA _ CHECKLIST REQUIREMENTS Traffic Attachment "A" Signal Type (Submit All @ 30%) Street X Storm Water Water / Sewer *If included in street project Storm Water 30% Storm Water 60% Street Lights (Submit All @ 30% X Water /Sewer (Submit All @ 60%) X Traffic Engineering (Submit All @ 60%) X Traffic Control 30% Traffic Control 60% Traffic Control 90% Required for all work in City ROW X X X ADDITIONAL SERVICES NOT INCLUDED IN THE 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 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: o Preparation and attendance of Additional Meetings; o Preparation and attendance of Public Meeting; o Preparation of easement/right of way documents; o Negotiation of easements or property acquisition. o Services related to development of the CITY's project financing and/or budget. o Services related to disputes over pre -qualification, bid protests bid rejection and re -bidding of the contract for construction. o Construction management and inspection services o Performance of materials testing or specialty testing services. o Services necessary due to the default of the Contractor. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 15 of 16 ® Services related to damages caused by fire, flood, earthquake or other acts of God. ® Services related to warranty claims, enforcement and inspection after final completion. ® Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. ® Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for Cobb Park Drive Roadway and Site Drainage Improvements City Project No. 02164 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 79,000 as summarized in Exhibit B 1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER 111. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant Kimley-Horn P rimary Responsibility P rofess Engineering P roposed MBE/SBE Sub -Consultants Gorrondona CMJ Engineering, Inc. S urvey Geotech N on-MBE/SBE Consultants Project Number & Name Cobb Park Drive Roadway and Site Drainage Improvements TOTAL Total Fee $79,000 Fee Amount $66,000 $10,000 $3,000 $79,000 OA 83.54 12.66 3.80 100% MBE/SBE Fee MBE/SBE 010 $13,000 16.46% City MBE/SBE Goal = 16% Consultant Committed Goal =16% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 B-2 EXHIBIT ` B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 8,09,2012 Page 3 of 3 Proiessdonafl Services Payment Request Project Manager: Scott Penn Project: 1Cobb Park Drive Roadway and Site Drainage lmprovl City Project #: 102164 City Sec Number: Company Name: IKimley-Horn and Associates, Inc. Consultant's PM: Vendor invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Misty Christian, P.E. Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: I misty.christianOKimlev-Horn.com 1 Office Addresslsuite 275, 2201 West Royal Lane, Irving, Texas 7563 Telephone: 1214-420-5600 Fax: 1214-420-5680 Remit Address FAC and Work Type Description Totals This Payment Request LOCK UNLOCK Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Completed Previously Invoice Balance Overall Percentage Complete: EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) Cobb Park Roadway and Site Drainage Improvements HOURLY RATE SHEDULES A summary of current hourly billing rates is provided below: Senior Professional I Senior Professional II Professional Designer Technical Support Clerical $180 — $220 $135— $175 $75— $120 $110 — $125 $60 — $105 $60 $80 EXHIBIT "B-2" Page 1 of 1 EXHIBIT "B-3' (SUPPLEMENT TO ATTACHMENT B) Design Services for Cobb Park Drive Roadway and Site Drainage Improvements City Project No. 02164 PROFESSIONAL SERVICES FEE SUMMARY TASK Task 1 * Design Management Task 2: Conceptual Design Task 3: Preliminary Design Task 4: Final Design Task 5: Bid Phase Services Task 6: Construction Phase Services Task 7: ROW/Easement Services -NOT INCLUDED IN THIS PROJECT Task 8 Survey Services Task 9. Permitting Task 10: Plan Submittal Checklists and Additional Services SERVICE TOTAL FEE $12,000 $18,000 $18,000 $7,650 $2,125 $8,225 $0 $10,000 $3,000 $0 $79,000 EXHIBIT 'B-3" Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Cobb Park Drive Roadway and Site Drainage Improvements City Project No. 02164 There are no changes to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ID 1 2 3 4 5 6 7 8 9 10 11 0 (Task Name .Project Management Contract Submittal/Review Contract Award/NTP Kick-off Meeting Schematic Design City Review Duration 36 days 89 days Start Finish Fri 4/12/13 Fri 5/31/13 Mon 8/5/13 Thu 12/5/13 1 day Thu 12/5/13 Thu 12/5/13 (Predecessors 1 day? Mon 12/9/13 Mon 12/9/13 45 days Mon 12/9/13 Fri 2/7/14 7 days Mon 2/10/14 Tue 2/18/14 Design Development City Review Final Design City Review Final Submittal Project: Project2 Date: Sun 8/4/13 Task Split Milestone 30 days Wed 2/19/14 Tue 4/1/14 5 days Wed 4/2/14 Tue 4/8/14 30 days Wed 4/9/14 Tue 5/20/14 5 days Wed 5/21/14 Tue 5/27/14 5 days Wed 5/28/14 Tue 6/3/14 Summary Project Summary External Tasks ueust II Se�tember I October I November II December 'January FebruarvlMarch I A ril Mav 8/4 I8/11I8/18I8/25I 9/119/8 �9/15+,9/22I9/29I10/61.0/110/2�.0/2111/31.1/16.1/1�.1/2112/1I12/812/14.2/2.2/2� 1/5 I1/12I1/19I1/26 2/212/912/1612/2313/2 13/9 I3/16I3/2313/3� 4/6 I4/1314/2004/27I 5/415/11I5/18I5/25 I ... i..1.. _ . i .. e . it. .. _e I e . External Milestone Inactive Task Inactive Milestone Page 1 .. .... .. .. _.. ._... Inactive Summary Manual Task Duration -only Manual Summary Rollup osnomanim Finish -only Manual Summary 0 ow Deadline Start -only C Progress 7 June. 6.'1I( 1 E 19 Kimley-Horn and Associates, Inc. September 18, 2013 Mr. James P. Sappington IV, P.E. CMJ Engineering, Inc. 7636 Pebble Drive Fort Worth, Texas 76118 Re: Cobb Park Drive Roadway and Site Drainage Improvements Dear Mr. Sappington IV: Kimley-Horn and Associates, Inc. intends to contract with CMJ Engineering, Inc., for MWBE SERVICES on the referenced City of Fort Worth project. Kimley-Horn and Associates, Inc. intends to contract $3,000 to your firm for providing geotechnical engineering services as described in Task 3.2 of the (attached) "ATTACHMENT 'A', Scope for Engineering Design Related Services for the Parks and Community Services Department" for the referenced project. Please acknowledge this commitment by signing below and returning an original to me. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Misty Christian, P.E. Project Manager Attachment: Attachment A James P. Sappington IV, P.E. CMJ Engineering, Inc. TEL 214 420 5600 FAX 214 420 5680 Date ■ Suite 275 2201 West Royal Lane Irving, Texas 75063-3206 Kimley-Horn and Associates, Inc. September 18, 2013 Mr. Truett Wilson Gorrondona & Associates, Inc. 6707 Brentwood Stair Road, Ste. 50 Fort Worth, Texas 76112 Re: Cobb Park Drive Roadway and Site Drainage Improvements Dear Wilson: Kimley-Horn and Associates, Inc. intends to contract with Gorrondona & Associates, Inc., for MWBE SERVICES on the referenced City of Fort Worth project. Kimley-Horn and Associates, Inc. intends to contract $10,000 to your firm for providing geotechnical engineering services as described in Task 8.1 of the (attached) "ATTACHMENT 'A', Scope for Engineering Design Related Services for the Parks and Community Services Department" for the referenced project. Please acknowledge this commitment by signing below and returning an original to me. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. OLAstles\s\erm Misty Christian, P.E. Project Manager Attachment: Attachment A Truett Wilson Gorrondona & Associates, Inc. ■ TEL 214 420 5600 FAX 214 420 5680 Date ■ Suite 275 2201 West Royal Lane Irving, Texas 75063-3206 • • T \{ • • 9r.=f EDP. • Rcno • i • • • • • .I ••P I' • •• r• • • • a • • 1 •• ., • • • rrit I 1 • • • • tr.::3 Ntr:t Riddr -: LOBEE t FORT WoRTH lam` -e r .cbi Mourn 1 ink ides Cobb Park Drive Roadway and Site Drainage Improvements Project Location Map Legend Limits of Prop Improvements Creek FEMA Eloodplain r A AE Tarrant Roads 1 h = 50D feet Project Location MABLE 1 Kirniey-Horn and Associates, Inc. FIRM REGISTRATION F-928