Loading...
HomeMy WebLinkAboutContract 39645 i CITY SECRETARY e- CITY OF FORT WORTH,TEXAS CONTRACT NO. �4 I 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 Dunaway Associates L.P., (the "ENGINEER"), for a PROJECT generally described as: Avondale-Haslet Roadway Improvements Article I 9 1 Scope of Services I r 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. 1 Article'III I I Terms of Payment Payments to the ENGINEER will be made as follows: , i I A. Invoice and Payment I (1) The Engineer shall provide the City sufficient documentation, including but not C 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 may, after giving 7 I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY I I FT. WORTH, TX t I2—, - 0 1 1 i I i I 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 i Amendments to Article IV, if any, are included in Attachment C. I A. General The ENGINEER will serve as the C-TTY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care f 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 I r engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations C (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 costlexecution effects are not the responsibility of the ENGINEER. I I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2of15 j 1 I i i i 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 I responsibilities, including, but not limited to, all construction methods, means, j 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. 4 (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 f 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. I (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 i 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6:30.09 Page 3 of 15 1 Attachment A. f (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 1 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. i i 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 f 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, r materials, or equipment has passed to the CITY free and-clear of liens, claims, i 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. I H. Record Drawings I Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent I 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 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 enterprises in City contracts. Engineer acknowledges the M/WBE goal City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 I i I 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 i agreement and debarment from participating in City contracts for a period of time of not less than three (3)years. i J. Right to Audit i (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 i 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. i (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 1 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 f provided adequate and appropriate work space, in order to conduct audits in I compliance with the provisions of this article together with subsection (3) hereof. 1 CITY shall give subconsultant reasonable advance notice of intended audits. - G (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 i of copies at the rate published in the Texas Administrative Code in effect as of f the time copying is performed. i j K. INSURANCE i (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 i contains a general aggregate limit, it shall apply separately to this PROJECT or location. i i i. The CITY shall be included as an insured under the CGL, using ISO j additional insured endorsement or a substitute providing equivalent City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 J 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. r ii. ENGINEER waives all rights against the CITY and' its agents, j 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 j 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 i. ENGINEER waives all rights against the CITY and its agents, j 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. i 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 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. i 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 i completion of the contract. An annual certificate of insurance specifically i City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services i i 6.30.09 i Page 6 of 15 I i t i 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 4 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 I in this agreement are provided under applicable policies documented thereon. f 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 1 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. i 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, K 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 I i i 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. P k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes f from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I 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 i 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. I L. Independent Consultant ! i The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. I 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 f I and prior to final payment under the contract. I N. Asbestos or Hazardous Substances i (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 I the PROJECT to permit testing and evaluation. i (2) If asbestos or other hazardous substances are suspected, the CITY may i request the ENGINEER to assist in obtaining the services of a qualified ! subcontractor to manage the remediation activities of the PROJECT. i O. Permitting Authorities - Design Changes I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 i I I do L 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 j made through an amendment to this AGREEMENT. I P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. j 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 i 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 I 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. I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 of 15 1 I D. Timely Review f 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 j decisions required by the CITY in a timely manner in accordance with the i project schedule prepared in accordance with Attachment D. I E. Prompt Notice i 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. w 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. ff� (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 I i 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 I. construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 I i 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 j 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 i 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. i (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at f the replacement cost value of the PROJECT. The CITY may provide f ENGINEER a copy of the policy or documentation of such on a certificate of insurance. I (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. i 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 I required for performance of the services, an equitable.adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. i i i City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services i 6.30.09 Page 11 of 16 I i i I I I I i Article VI i General Legal Provisions i Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed i ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ! ENGINEER will be at the CITY's sole risk. The CITY shall own the final j designs, drawings, specifications and documents. i C. Force Majeure I 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. E D. Termination I i (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 j 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: j a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; - i b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 I i I I ' i I work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. I (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 I The CITY may suspend, delay, or interrupt the services of the ENGINEER for t 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 I 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 j 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 j misconduct or gross negligence for limitations of liability and sole negligence for I indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction i The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 I I f I I I i I X J. Severability and Survival i 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 j 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 C 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. i F i i 1 I I i i 1 i I City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 15 I i I a Article VII i Attachments, Schedules, and Signatures i 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 Executed this the day of , 2001. ATTEST: CITY OFF RT WORTH By Marty Hendrit remando osta ! City Secretary ® ® nab Assistant City Manager a v°°°00000 p� °° °%0d APPROVAL RECOMMENDED o o° Qd William Verk, P.E. Ok �.°00000 °°°�� Director 4� hXQ5��4'�' Transportation & Public Works Department APPROVED AS TO FORM ND GAL TY DUNAWAY ASSOCIATES, L.P. i , 1 , Assistant City Attorney I ATTEST: Name: om S. Ga rea Title: Executive Vice President By. Contract. Authorization City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services 6.30.09 OFFICIAL RECORD Page 15 of 15 CIITY SECRETARY ! CCss R X FT.WORTH,1'1f , i I i ATTACHMENT "A" f General Scope of Services I i "Scope of Services set forth herein can only be modified by additions, clarifications, and/or j deletions set forth in the supplemental Scope of Services. In cases of conflict between the I Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services." GENERAL i 1 ) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities I The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and V wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. i 3) Geotechnical Investigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or i excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. i 4) Agreements and Permits The Engineer shall complete forms/applications to allow the City of Fort Worth to obtain agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make revisions necessary to 0 bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. C 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes,are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If f i I there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. j 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. I i I PHASE 1 7) Right-of-Way, Easement and Land Acquisition Needs The Engineer shall determine the rights-of-way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights-of-way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights-of-way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four(4) copies each. 8) Design Survey i The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination I The Engineer shall coordinate with utilities, including utilities owned by the City, as to proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall i show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. i i I I H 4 -2 - 3 I 10) Conceptual Plans The Engineer shall furnish two (2) full size & five (5) half size copies of the Phase 1 i concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data j f The Engineer shall provide design data, reports, cross-sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. i 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit eighteen (18) full size & five (5) half size copies of Phase 2 preliminary construction plans and two (2) copies of the preliminary technical i specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish two (2) full size & five (5) half size copies of the final j construction plans and five (5) copies of the contract specifications for review by the City. 14) Detailed Cost Estimate ! The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. f 15) Plans and Specification Approval 4 The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. - 3 - j i I PHASE 4 16) Final Approved Construction Plans The Engineer shall furnish two (2) full size & ten (10) half size bound copies of Phase 4 final approved construction plans and ten (10) copies of the contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use ! in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. j d 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Pre-bid Conference 4 The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. ` PHASE 5 i 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. j f 22), Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. E I -4 - I i i 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor { I` The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions j I The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered, f t 26) Record Drawings j i The Engineer shall prepare record drawings from information submitted by the contractor. i i i i I i I i I k f r I P 1 I I l - 5 - i I I A I a ATTACHMENT "A-2" Scope for Engineering Design Related Services for Avondale-Haslet Road Improvements City Project No. 01414 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. OBJECTIVE This project consists of preparing construction documents for the widening Avondale-Haslet Road to a minor arterial, concrete street section (54-feet F-F; 80-foot right-of-way) between Walmart's eastern property line and a point approximately 500-feet east of the BNSF railroad, improving the existing railroad crossing, constructing water and sanitary sewer stub outs beneath the proposed pavement, and constructing turn lanes at up to five (5) street ; intersections between Sendera Ranch Road and a point approximately 500-feet east of the r BNSF railroad. In addition, the ENGINEER will assist the CITY with revising the current i Community Facilities Agreement bid item and unit price list. The major items covered in the scope of this contract are as follows: f • Design management as described in Task 1 below. • Design of up to 2,553 linear feet of paving(54-feet F-F; 80-foot right-of-way) within the proposed Avondale-Haslet right-of-way. • Design of an improved at-grade railroad crossing. The scope for this task includes obtaining permit approval from BNSF Railroad. • Design of up to 4,900 linear feet of storm drain pipe and required structures(curb inlets, drop inlets, manholes, headwalls, etc.) within the proposed Avondale-Haslet right-of-way. • Design of turn lanes at up to five (5)street intersections between Sendera Ranch Road and a point approximately 500-feet east of the BNSF railroad. • Misc. grading along the proposed Avondale-Haslet Road right-of-way between Walmart's eastern property line and a point approximately 500-feet east of the BNSF i I railroad. i • Design of detailed traffic control measures along the proposed Avondale-Haslet Road right-of-way between Walmart's eastern property line and a point approximately 500-feet east of the BNSF railroad. • Design of up to 150 linear feet of 8-inch sanitary sewer pipe within the proposed Avondale-Haslet Road right-of-way between Walmart's eastern property line and a point approximately 500-feet east of the BNSF railroad. It is anticipated that the proposed sanitary sewer improvements will be limited to stub outs for future and/or existing developments adjacent to the proposed paving improvements. i • Design of up to 150 linear feet of 8-inch water pipe within the proposed Avondale- Haslet Road right-of-way between Walmart's eastern property line and a point approximately 500-fee east of the BNSF railroad. It is anticipated that the proposed j ti 1 ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 1 OF 25 6 i I 9 water improvements will be limited to stub outs for future and/or existing developments adjacent to the proposed paving improvements. • Identify existing water and sanitary sewer facilities(valves, manholes, etc.) that will require vertical adjustment as a consequence of the proposed paving improvements within the proposed Avondale-Haslet Road right-of-way between Walmart's eastem property line and a point approximately 500-feet east of the BNSF railroad. j • Preparation of two(2) Storm Water Pollution Prevention Plans. One for the improvement s between Walmart's eastem property line and the BNSF Railroad and the second for the area east of the railroad to Sendera Ranch Road. • Geotechnical Investigation and Pavement Design Report between Walmart's eastem property line and the BNSF Railroad. i • Drainage Study between Hwy. 287 and the BNSF Railroad. • Bid phase services as described in Task 5 below. • Construction phase services as described in Task 6 below. • ROWIEasement services as described in Task 7 below. • Topographic(field) Survey and Subsurface Utility Engineering between Walmart's eastem property line and Sendera Ranch Road as described in Task 8 below. J • Provide a comprehensive list of bid items and corresponding unit prices that are not included in the City's current Community Facilities Agreement(CFA)bid item list and provide a recommendation on which items to include in the next CFA bid item list revision. i I I WORK TO BE PERFORMED i 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 Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Bid Item and Unit Price Study 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 I ATTACHMENT°A-7 TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 2 OF 25 l i • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting I • 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. I • Conduct review meetings with the CITY at the end of each design phase. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Transportation &Public Works Dept. f • Prepare and submit baseline Project Schedule initially, and Project Schedule updates i 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. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at f the end of the project. i • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • 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 i 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 I location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • Task 1.1: The scope associated with this task will be considered complete one year from the time the ENGINEER is given notice to proceed and deliverables are not anticipated for this task. • Task 1.2: The scope associated with this task will be considered complete one i year from the time the ENGINEER is given notice to proceed and deliverables will consist of the items listed below. I • It is assumed that the design and construction of the area defined herein will be separate from the area of A vondale-Haslet Road between Hwy. 287 and Walmart's eastem property line. i I + ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 3 OF 25 C i i i n DELIVERABLES A. Meeting summaries with action items 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 MMBE Report Form and Final Summary Payment Report Form. I TASK 2. CONCEPTUAL DESIGN(30 PERCENT). The ENGINEER will make every attempt to submit the preliminary plans and specifications to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop; I 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 develop the conceptual design of the infrastructure as follows. 2.1. Data Collection I • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. I 2.2. Subsurface Utility Engineering • Provide Subsurface Utility Engineering (SUE) per Task 8. i 2.3. The Conceptual Design Package shall include the following: • Preliminary cover and index of sheets including project limits, area location map and beginning and end station limits. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. i • Conceptual Traffic Control Plan: The ENGINEER will develop a conceptual traffic control plan within the proposed Avondale-Haslet Road right-of-way between Walmart's eastern property line and a point approximately 500-feet east i ATTACHMENT A-2"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 4 OF 25 I { of the BNSF railroad. It is understood that the traffic control plans for the improvements between the BNSF railroad and Sendera Ranch Road will be prepared by Tarrant County staff and are not included in the scope of work. • Existing typical sections of the roadway to be constructed along with proposed typical sections which outline the proposed improvements. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities, and existing roadway vertical alignments (profiles). • Railroad crossing phasing plan. ASSUMPTIONS • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • The SUE will consist of four(4) test holes within the limits of the.project. • It is assumed that the ENGINEER will attend two (2) design review& coordination meetings with CITY staff during this phase of the project. • It is assumed that the ENGINEER will attend two(2) design review& r coordination meetings with the CITY and Tarrant County staff during this phase of the project. • It is assumed that the ENGINEER will attend one (1) meeting with CITY staff and i BNSF during this phase of the project. • It is assumed that the ENGINEER will attend fifteen (15) coordination meetings with adjacent business/property owners during this phase of the project. • It is assumed that the ENGINEER will attend one (1) franchise utility coordination meeting for the area of the project between BNSF railroad and Sendera Ranch Road during this phase of the project. • Seven (7) copies of the conceptual design package will be delivered. Drawings i will be two (2) Full Size and five (5) Half size. + • Conceptual traffic control plans will be prepared for the improvements between Walmart's eastern property line and the BNSF railroad will be delivered to the CITY during this phase of the project. • It is assumed that one (1)review iteration will take place during this phase of the project. C • It is assumed that one (1)estimate of probable construction cost including summaries of bid items and quantities using the CITY's standard bid items and format will be prepared during this phase of the project for the area between a I ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 5 OF 25 I Walmart's eastern property line and a point approximately 500-feet east of the BNSF railroad. • It is assumed that the CITY will review the railroad crossing phasing plan and forward it to BNSF for review during this phase of the project. • Coordination Meetings with Adjacent Property Owners Regarding Street 1 Alignment Issues— The ENGINEER will prepare for and attend meetings with the CITY, Caspian Management Group, Inc., and Hunter Equity to discuss key I issues related to alignment of Avondale Haslet Road. We will present preliminary design information conceming this project to the CITY and the surrounding property owners to identify any unusual issues or steps required to achieve a solution to the recently discovered right-of-way and alignment discrepancies. The ENGINEER anticipates and has included in the lump sum fee of this proposal attending up to three (3) meetings with CITY staff, Caspian Management Group, Inc., and Hunter Equity between August 39, 2009 and September 4, 2009. It should be noted that Dunaway has already attended all three meetings associated with this task. If additional meetings regarding this I issue become necessary, the time required to prepare for and attend these meetings will be tracked and billed on an hourly basis and is not a part of this proposed scope of work. f • Altemative Alignment Design and Exhibits— The ENGINEER will design up to two (2) alternative alignments and present the design on corresponding exhibits to the CITY. The altemative alignments will be designed such that the corresponding right-of-way required for the proposed Avondale Haslet Road street section will minimize impacts to Lot 22, Block 6, Haslet Heights 11 Addition and the adjacent tracts south of Lot 22. Please note that this task was completed l on Sept. 4, 2009. s • Coordination with Walmart— The ENGINEER will prepare exhibits of the two (2) altemative right-of-way alignments superimposed on Walmart's current site plan i and present the impacts to Walmart staff. Upon Walmart's review of the altemative alignment, the ENGINEER will notify the CITY of any revisions will be required by Walmart. Please note that is task was completed on Sept. 7, 2009. • It is assumed that there will be two separate sets of construction plans associated with the proposed Avondale Haslet Road improvements between Hwy. 287 and a point approximately 500-feet east of the BNSF Railroad. The y first set will be for the area described in this scope of service and the second will be for the area between Hwy. 287 and Walmart's eastem property line which will be conducted under a separate contract. • It is assumed the plans for the intersection improvements between the BNSF Railroad and Sendera Ranch Road will consist of intersection layouts, transition P &storage lane dimensions, typical stripping details, typical roadway cross sections, culvert details, identification of water& sanitary sewer structures that will require vertical adjustment, centerline alignment geometry, and control monuments. The drawings will not include proposed grading, paving profiles, or I storm drain profiles. • ENGINEER shall not proceed with Preliminary Design activities without written j approval by`the CITY of the Conceptual Design Package. i r ATTACHMENT'A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 6 OF 25 I I i � 9 DELIVERABLES A. Conceptual Design Package B. Estimate of probable construction cost. C. Railroad crossing phasing plan. I TASK 3. PRELIMINARY DESIGN(60 PERCENT). The ENGINEER will make every attempt to submit the preliminary plans and specifications to CITY per the approved Project Schedule. i ENGINEER will develop the preliminary design of the infrastructure as follows: 3.1. Development of Preliminary Design Drawings and Specifications 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 shall a 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 comer of North Side Drive and North Main Street). i I • Updated existing and proposed typical section sheets. • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. i • No less than two bench marks plan/profile sheet. i • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. , i • Overall project easement layout sheet(s). I • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. • ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum V=200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of- way capacities and design discharges(5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations i I I ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 7 OF 25 II V 9 � in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. • Storm drain layout sheets showing location and size of all inlets, manholes, junction boxes, culverts and piping to include storm drain profiles showing existing I and proposed flow lines, flows, lengths and slopes of pipe, top of ground profile I over pipe and connections to existing or proposed storm sewer systems. i • Preliminary signing, pavement marking, illumination and signal layouts. • Preliminary traffic control plans. • Railroad phasing plan will be delivered to the CITY for review. Upon CITY review, the CITY will submit the phasing plan to BNSF for review&comment. 3.2. Geotechnical Investigation/Pavement Design • 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 I alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • 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 identify existing groundwater elevation at each boring. 3.3. Constructability Review • Prior 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. o i 3.4. Public Meetings • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help f explain the proposed project to residents. The CITY shall select a suitable I location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department,Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities ATTACHMENT A-2'TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 8 OF 25 � s (current and future)that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall deliver approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. 3.6. Railroad crossing Exhibit A. • The ENGINEER will submit the required Exhibit A for review and approval. ,I 3.7. Storm Water Pollution Prevention Plan i • For projects that disturb an area greater than one(1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 4 3.8. Preliminary Traffic Control Plan • The ENGINEER will develop a preliminary traffic control plan within the proposed Avondale-Haslet Road right-of-way between Walmart's eastern property line and j a point approximately 500-feet east of the BNSF railroad. It is understood that the traffic control plans for the improvements between the BNSF railroad and 1 Sendera Ranch Road will be prepared by Tarrant County staff and are not included in the scope of work. I ASSUMPTIONS I • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • One (1) copy of the drainage study will be delivered to the CITY. • It is assumed that the ENGINEER will attend two (2) design review& coordination meetings with City staff during this phase of the project. • It is assumed that the ENGINEER will attend two (2) design review& coordination meetings with CITY and Tarrant County staff during this phase of the project. • It is assumed that the ENGINEER will attend five(5) coordination meetings with adjacent busineseproperty owners during this phase of the project. • Six(6) borings at an average bore depth of ten feet each will be provided. • Two (2) copies of the geotechnical investigation and pavement design report will be delivered to the CITY. • Preliminary traffic control plans will be prepared for the improvements between t Walmart's eastern property line and the BNSF railroad will be delivered to the CITY during this phase of the project. ATTACHMENT"A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 9 OF 25 4 f Y i • Ten (10) full size (22"x 34')sets of drawings will be delivered for Utility Clearance. • Three (3) half size sets of drawings will be delivered for Constructability Review. • Eight(8) full size sets of drawings, two (2)half size sets of drawings, and two (2) sets of specification documents will be delivered for Preliminary Design. • One (1) copy of the Storm Water Prevention Pollution Plan for the improvements between Walmart's eastem property line and the BNSF railroad will be delivered t to the CITY during this phase of the project. r • One (1) copy of the Storm Water Prevention Pollution Plan for the improvements between the BNSF railroad and Sendera Ranch Road will be delivered to the i CITY during this phase of the project. • It is assumed that one (1)review iteration will take place during this phase of the project. • It is assumed that the ENGINEER will attend two (2) franchise utility coordination i meetings for the area of the project between Walmart's eastem property line and i a point approximately 500-feet east of the BNSF railroad during this phase of the project. i • It is assumed that the ENGINEER will attend one (1) franchise utility coordination meeting for the area of the project between BNSF railroad and Sendera Ranch Road during this phase of the project. i • It is assumed that one (1)estimate of probable construction cost for the improvements within the City Limits including summaries of bid items and quantities using the CITY's standard bid items and format will be prepared during i this phase of the project. i • It is assumed that the ENGINEER will attend one (1) for the improvements j proposed by the CITY and provide one (1)exhibit for the meeting during this phase of the project. • It is assumed that the ENGINEER will attend one (1)public meeting for the improvements between the BNSF railroad and Sendera Ranch Road and provide ` one (1)exhibit for the meeting during this phase of the project. • It is assumed that the construction plans for the area of the project between Sendera Ranch Road and a point approximately 500-feet east of the BNSF railroad will be considered complete during this phase of the project. The ENGINEER will provide (1) final quantity list to Tarrant County and Tarrant County staff will provide the ENGINEER with unit prices for the items included in the final quantity list. The ENGINEER will use the unit prices to prepare one (1) final construction cost estimate. • It is assumed that the CITY will review the railroad crossing Exhibit and forward it to BNSF for review during this phase of the project. r • It is assumed that the ENGINEER will attend two (2) meetings with CITY staff and BNSF during this phase of the project. f ATTACHMENT°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 10 OF 25 i I • It is assumed that there will be two separate sets of construction plans associated with the proposed Avondale Haslet Road improvements between Hwy. 287 and a point approximately 500-feet east of the BNSF Railroad. The first set will be for the area described in this scope of service and the second will be for the area between Hwy. 287 and Walmaft's eastem property line which will be conducted under separate contract. i • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. j DELIVERABLES A. Preliminary design drawings and specifications i B. Utility clearance drawings C C. Estimate of probable construction cost f D. Public meeting exhibit E. SWPPP (two total) F. Traffic control plan i G. Geotechnical investigation and pavement design report H. Drainage study i TASK 4. FINAL DESIGN(90 PERCENT)AND FINAL CONSTRUCTION DOCUMENTS j (100 PERCENT). • Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: I • Final draft construction plans (90%) and specifications shall be submitted to CITY per I the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%)to the CITY per the approved Project Schedule. Each plan j sheet shall be stamped, dated, and signed by the ENGINEER registered in State of j Texas. f Public Meetings • After the preliminary plans for the area between the BNSF Railroad and Sendera Ranch Road have been reviewed and approved by the CITY and Tarrant County, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY and/or Tarrant County shall select a suitable j location, prepare and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with the CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. j ASSUMPTIONS A ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 11 OF 25 i 1 e • It is assumed that the ENGINEER will attend one (1)public meeting for the improvements between the BNSF railroad and Sendera Ranch Road and provide one (1) exhibit for the meeting during this phase of the project. • It is assumed that the ENGINEER will attend four(4) design review&coordination meetings with City staff during this phase of the project. • It is assumed that the ENGINEER will attend three (3) coordination meetings with adjacent businesMproperty owners during this phase of the project. j • Seven (7) sets, two (2) full size and five(5) half size and two (2) specifications will be delivered for the 90% Design package. I • Twelve (12) sets, two (2) full size and ten(10)half size and ten (10) specifications will be delivered for the 100%Design package. • It is assumed that the ENGINEER will attend one (1) franchise utility coordination meeting for the area of the project between Walmart's eastern property line and a point approximately 500-feet east of the BNSF railroad during this phase of the project. • It is assumed that the ENGINEER will attend one (1) franchise utility coordination I meeting for the area of the project between BNSF railroad and Sendera Ranch Road during this phase of the project. • It is assumed that the ENGINEER will attend two (2) meetings with CITY staff and BNSF during this phase of the project. i • It is assumed that one (1) estimate of probable construction cost including summaries of bid items and quantities using the CITY's standard bid items and format will be prepared during this phase of the project. • It is assumed that there will be two separate sets of construction plans associated with the proposed Avondale Haslet Road improvements between Hwy. 287 and a point approximately 500-feet east of the BNSF Railroad. The first set will be for the area described in this scope of service and the second will be for the area between Hwy. 287 y and Walmart's eastern property line which will be conducted under a separate contract. - ; • It is assumed that one (1) review iteration will take place during this phase of the project. DELIVERABLES I A. 90%construction plans and specifications. B. 100% construction plans and specifications. ' I C. Detailed estimates of probable construction costs including summaries of bid items and { quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. E. Public meeting exhibit (Tarrant County). I I TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. ATTACHMENT W270 STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 12 OF 25 I 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Contract documents shall be uploaded in .pdf files and the plans in .pdf and Awf files. • The ENGINEER shall doll nen4rant dGGUments and maintain a plan hnlrlerr lisp • The ENGINEER will develop and implement procedures for receiving and answering bidders'questions and requests for additional information. The procedures shall include a log of all significant bidders questions and'requests and the response thereto. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the pre-bid conference in support of the CITY. i • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. 5.2 Mylar Drawings (Record Drawings are required, see Task 6.2) ASSUMPTIONS • The project will be bid only once, awarded to one contractor, and will be bid separate from the proposed Avondale-Haslet improvements between Hwy. 287 and Walmart's eastem property line. I • It is assumed that the ENGINEER will attend one (1)pre-bid meeting during this phase of the project. • The engineer will assist the CITY with the bid and award of the construction contract. This task includes up to three addenda, preparation of bid tabs, and answering questions from the contractors bidding on the project. • Ten (10) sets of plans, four(4) full size and six(6)half size and six(6) specifications (conformed, if applicable)will be delivered to the CITY. • Construction documents will NOT be sold by Dunaway to plan holders and/or f given to plan viewing moms. Plans will be posted to the City's Buzzsaw Site for all parties interested in this project. • It is assumed that the CITY will not require bid phase services for the area between the BNSF Railroad and Sendera Ranch Road, so these services and the associated fees are not included in the scope of this contract. • Bid phase services will be provided on an hourly not to exceed basis per the fees r outlined in Exhibit B-3H attached herein. ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 13 OF 25 I DELIVERABLES A. Addenda i B. Bid tabulations C. Recommendation of award I TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. ! 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference,the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents.The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site up to twenty four(24) times as construction proceeds to observe construction activities. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and 1 general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in j accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop i drawings, samples and other submittals. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. i • The ENGINEER shall attend the"Final'project walk through and assist with preparation of final punch list. 6.2 Record Drawings The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size(22"x ° 34") mylar drawings. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher)file. There shall be one(1) PDF file for the TPW plan set j and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be.accepted. PDF files shall.conform to naming i conventions as follows: I ATTACHMENT`A-270 STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-D4-09) PAGE 14 OF 25 i i I I. TPW file name example — "W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY, "—org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053—org3.pdf and K-0320_org5.pdf Il. Water and Sewer file name example — "X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" j designating the file is of an original plan set, "36" shall be the total number of sheets in this file. i i I Example: X-12755 org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the CITY. Floppy disks, zip disks, e-mail flash media will not be accepted. For information on the proper manner to submit PDF files and to obtain a file I number for the project, contact the Department of Transportation and Public Works Vault at telephone number(817)392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Construction will not be concurrent with the proposed Avondale-Haslet Road improvements between Hwy. 287 and Walmart's eastern property line. Therefore, the services and associated fees listed in this section will only cover q the area ofAvondale-Haslet Road between the Walmart's eastern property line and the BNSF Railroad. • It is assumed that the ENGINEER will attend one (1)pre-construction meeting during this phase of the project. • It is assumed that the ENGINEER will visit the site up to twenty four(24) times during this phase of the project to observe construction activities. i • It is assumed that the ENGINEER will review ten (10) shop drawings during this phase of the project. • It is assumed that the ENGINEER will respond to four(4) RFI's during this phase of the project. • It is assumed that the ENGINEER will review and comment on four(4) change orders during this phase of the project. i i • It is assumed that the ENGINEER will attend one (1) final observation meeting during this phase of the project. I ATTACHMENT"A-2"TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 15 OF 25 1 I r J is I L • It is assumed that the ENGINEER will attend one (1)public meeting and provide one (1) exhibit for the meeting during this phase of the project. I It is assumed that minor field changes will occur during construction and the ENGINEER will reflect these minor changes on the Record Drawings. However, if major field changes are made during construction due to unforeseeable j circumstances that require redesign and/or multiple sheet revisions, the j ENGINEER will require an additional fee via a contract amendment to indicate the major changes on the Record Drawings. I I ` • It is assumed that Record Drawings will not be required for the intersection improvements between the BNSF Railroad and Sendera Ranch Road. i • Construction phase services will be provided on an hourly not to exceed basis per the fees outlined in Exhibit B-3H attached herein. I DELIVERABLES A. Public meeting exhibits I B. Response to Contractor's Request for Information i C. Review of Change Orders D. Review of shop drawings I I1 E. Record Drawings 1 TASK 7. ROW/EASEMENT SERVICES. I i j ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • It is assumed that the ENGINEER will provide one (1)permanent drainage easement and four(4) temporary construction easements for this project. I'I ATTACHMENT°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 16 OF 25 i i • Right-of-Way Dedication Exhibits and Metes&Bounds Descriptions Revisions— Once a revised right-of-way alignment is agreed upon by the CITY and the i surrounding property owners, the ENGINEER will revise the five (5) right-of-way dedication exhibits and metes and bounds descriptions affected by the alignment revision. • Annexation Documents— The ENGINEER will prepare the exhibits and metes and bounds descriptions for the annexation of the three (3) tracts necessary for this project. It is understood that City staff will process the annexation intemally, so representation at City Council is not included in the proposed scope of work. • Right-of-Way Vacation Documents (Tarrant County)— The ENGINEER will prepare the application, exhibits, and metes and bounds descriptions for the vacation of one (1) tract within the Tarrant County right-of-way necessary for this project. It is understood that Tarrant County staff will process the vacation intemally, so representation at the Tarrant County hearing is not included in the proposed scope of work. • Right-of-Way Plat—At our meeting with the City of Fort Worth on July 30th, CITY staff indicated the CITY will require a right-of-way plat for the proposed Avondale-Haslet right-of-way. The ENGINEER will prepare the right-of-way plat drawing and metes and bounds description and submit it to City staff for review and approval. It is understood that City staff will process the right-of-way plat intemally, so representation at City Plan Commission is not included in the proposed scope of work. • Deannexation Documents-Dunaway will prepare the exhibits and metes and bounds description for the deannexation of the one tract(1)necessary for this project. It is understood that City staff will process the deannexation intemally, so representation at City Council is not included in the proposed scope of work. • Easement preparation will begin after approval of the Conceptual Design and the Right-of-Way Dedication Revisions, Annexation Document, Right-of-Way Vacation Documents, Right-of-Way Plat, and Deannexation Documents will begin upon execution of this agreement. • It is assumed that the CITY will fill out all necessary forms and applications associated with the items listed above and will process the documents without the assistance of the ENGINEER. '� • Franchise utility easement exhibits and metes&bounds descriptions are not included in this scope of work. If required, the ENGINEER can provide these documents for an additional fee. • It is assumed that easements, right-of-way exhibits, or any other legal document will not be necessary for the area between the BNSF Railroad and Sendera Ranch Road. DELIVERABLES A. Up to five (5)easement exhibits and metes&bounds descriptions. B. One (1)right-of-way plat. ATTACHMENT°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 17 OF 25 I i i i � I C. Three (3) annexation exhibits. i D. One (1) deannexation exhibit and metes &bounds description. E. One (1) right-of-way vacation exhibit and metes&bounds description. F. Five (5) revised right-of-way dedication exhibits and metes&bounds descriptions. i TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. i ENGINEER will provide survey support as follows. ! 8.1. Design Survey I • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees(measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: ! — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: j — The following information about each Control Point; I 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. j 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). i — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the I same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. j — Bearings given on all proposed centerlines, or baselines. j — Station equations relating utilities to paving, when appropriate. I j8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail, and obtain Temporary Right of Entry from landowners. I i ATTACHMENT'A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 18 OF 25 I i I s I e i • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. I 8.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B &A, as described below. The SUE shall be performed in accordance with CI/ASCE 38-02. I Quality Level D • Conduct appropriate investigations(e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records(e.g., utility owner base maps, "as built"or record drawings, permit records, field notes, geographic information system data, oral histories, etc.)on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; i duplicate or conflicting information; need for clarification. i • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field i observations,that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems, if such features have not already been surveyed by a professional surveyor. If previously surveyed, check survey data for accuracy and completeness. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update(or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. I. Level B (includes tasks as described for Quality Level C) ATTACHMENT°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 19 OF 25 i • Select and apply appropriate surface geophysical method(s)to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single-conduit lines, and outside edges of multi-conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. i • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. a 8.4. Construction Survey Be available to the CITY on matters concerning the layout of the project during its construction • ENGINEER will set control points(i.e. tie survey to permanent monument such j as TPW monuments and/or property comers, one location each at beginning and end of project)for the project,these points must be indivisible. Streets over 500 ft in length or streets on curves may require a greater density of control points to j maintain intervisibility between each point. ENGINEER shall establish a minimum of two bench marks per plan sheet(bench marks shall be located adjacent to project)and shall provide the following construction staking services: SANITARY SEWER STAKING: Provide an offset stake at 50' intervals (25' intervals in curves if required) and at proposed manholes, points of curve, points of tangent, and at all horizontal of vertical angle points, with a cut to flow line and a cuttfill to top of proposed manholes. Provide centerline elevation at 50' intervals. Provide location of proposed services j for construction purposes and for as-built purposes. In case the proposed SS line will be constructed in a location other than the existing line, services will be located by two options: the TV option which provides a log report of service locations or by locating the existing service at the ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 20 OF 25 time of construction. Stake easements and property lines where applicable. Line and grade shall be set to a tolerance of+/- 0.01 ft. WATER STAKING: Provide an offset stake at 50' intervals (25' intervals in curves if required)and at valves, tees, and at all horizontal or vertical angle points with a cut to top of pipe or flow line of pipe (depending on the proposed size). Provide centerline elevation at 50' intervals. Provide a. location of proposed services for construction purposes and for as-built purposes. Provide offset location and grade stakes for proposed fire hydrants and water meters with a cuttfill to the proposed top of curb. Stake easements and property lines where applicable. Provide property ties to all valves, hydrants, tees, horizontal or vertical bends and other appurtenances. Line and grade shall be set to a tolerance of+/- 0.01ft. STORM DRAIN STAKING: Provide an offset stake at 100' intervals (50' intervals in curves if required) and at all proposed manholes, points of curve, points of tangent, points of pipe size changes and at all horizontal or vertical angle points with a cut to flow line and a cut/fill to the top of proposed manholes. Provide centerline elevation at 100' intervals and at all grade breaks in the natural ground. Lead lines shall also be staked with grades if greater than 50' in length, or where substantial alignment { and/or grade are needed. Provide two offset stakes at end or each wing _ of each curb inlet with a cut to flow line and a cut/fill to the top of curb jelevation. Line and grade shall be set to a tolerance of+/-0.1 ft. for storm drain pipe and +/-0.04 ft.for curb inlets. i ROADWAY EXCAVATION STAKING: Provide 10' or property line offset at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb. The right-of-way shall also be flagged during this process along with line and grade stakes for excavation purposes. Stake all vertical and horizontal curves at 50' intervals. Line and grade shall be set to a tolerance of+/-0.1 ft. FINAL ROADWAY STAKING: Provide 4' or 5' offset stakes at 50' i intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb. Staking for curb grade and intersecting streets, if required, shall be performed under final pavement staking. Inlets shall be staked if needed. Set tacks in offset hubs for street alignment. Stake all vertical and horizontal curves at 50' intervals and provide intermediate stakes between curve points, if the radius is less than 300'. Line and grade shall be set to a tolerance of +/-0.01 ft. • COORDINATION WITH CITY INSPECTOR/CONTRACTOR: ENGINEER's surveyor is expected to work with the CITY inspector and contractor to provide any special requests contractor may have providing the scope of work described above is not exceeded. It is expected that a few stakes will be knocked out during dirt work. Providing that the number of disturbed stakes is minor(less than 10%of the stakes for the entire project),the ENGINEER's surveyor shall replace these stakes at no extra cost. If additional major restaking is required, the ENGINEER's surveyor shall provide the additional work at an hourly rate of$155 ATTACHMENT°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 21 OF 25 i per hour for a field crew. Major restaking may be required if more than 10%of the stakes required for the project are knocked down as a result of the contractor's activity and there are not enough stakes left to complete the project. The contractor shall be responsible for paying the ENGINEER for this additional work. The ENGINEER's surveyor will not replace the additional stakes requested until an agreement for the additional worm is executed between the ENGINEER and the contractor. If the contractor fails to pay the ENGINEER's invoice for the initial and subsequent additional work request(s) on or before the due date, the ENGINEER's surveyor will not begin any additional work requests by the CITY and/or contractor unless the additional wore is paid for in advance or the outstanding balance is paid in full. • SPECIAL CONDITIONS: a. The CITY Inspector assigned to the project shall oversee all construction staking activity and shall be responsible for all field coordination. All documentation including field notes, cut and/or fill notes, grades, "as staked" information etc., shall be provided to the CITY inspector and shall be sealed j and signed by a surveyor licensed in the State of Texas. b. The ENGINEER's Surveyor shall attend the pre-construction conference. j I c. The ENGINEER's Surveyor shall meet with CITY Inspector and Contractor to coordinate surveying schedule and needs prior to beginning work. d. The ENGINEER's Surveyor shall stake each utility separately and at different times with, if applicable, sanitary sewer first, water second, storm drain third and roadway construction fourth and shall provide enough construction staking information so that the projects can be constructed as designed. j e. A member of ENGINEER's firm familiar with project shall be available at all times to immediately respond to questions from the field. I ASSUMPTIONS The topographic survey provided between the BNSF Railroad and • Sendera Ranch Road will be limited to visible improvements and existing property/ROW lines and will not include detailed elevation data at intervals necessary for final design. Offset stakes will be set for approximately 150 linear feet of 8-inch water • pipe and associated control devices (valves, meters, etc.). • Offset stakes will be set for approximately 150 linear feet of 8-inch sanitary sewer pipe and associated structures(manholes, services, etc.). • Offset stakes will be set for approximately 2553 linear feet of paving (excavation and final). • Offset stakes will be set for approximately 4,900 linear feet of storm drain pipe and associated structures(inlets, manholes, headwalls, etc.). • Control monuments will be set at 500-foot intervals on a one-time basis between Walmart's eastern property line and Sendera Ranch Road. ATTACHMENT-°A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 22 OF 25 i I I Additional control points requested after the initial monuments are set will require an additional fee. ; • It is assumed that BNSF Railroad and its contractor will provide construction layout surveying for the equipment(crossing arms, electrical housing, etc.) required within the railroad right-of-way, so this service is not included in this scope of work. • It is assumed that the franchise utility lines that require relocation will be staked by others, so this task is not included in this scope of work. ; • It is assumed that the improvements east of the BNSF Railroad will not require construction layout surveying. It is understood that the CITY and/or Tarrant County staff will utilize control points provided by the ENGINEER's surveyor to layout the geometry of the proposed intersection improvements, so this service is not included in this scope of work I 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. C. SUE plan drawings sealed by a professional engineer registered in the State of Texas. TASK 9. PERMITTING. I ENGINEER will provide permitting support for the CITY to obtain any and all agreements j and/or permits normally required for a project of this size and type, as follows: 9.1. Storm Water Pollution Prevention Plan ' I I For projects that disturb an area greater than one(1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with I appropriate regulatory agencies and inspection &maintenance of the storm water controls throughout the life of the project. I 9.2. Environmental Services (N/A) 9:3. Floodplain Services (N/A) 9.4. Railroad Crossing Permit • The ENGINEER will provide permitting support for the CITY to obtain a permit for installation of the improved railroad crossing at the BNSF Railroad. 9.5, TxDOT Permit (N/A) I ATTACHMENT°A2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 23 OF 25 i I i III 4 i v i TASK 10. Bid Item List and Unit Price Study ENGINEER will provide the CITY with a comprehensive list of bid items and corresponding unit prices that are not included in the City's current Community Facilities Agreement (CFA) bid item list and provide a recommendation on the items to include in the next CFA bid item list revision. I 10.1 Research and Data Collection • The ENGINEER will research the bid item lists of up to two (2) other cities in the state of Texas with City participation policies similar to Fort Worth. • The ENGINEER will solicit bid item lists from other engineering firms that have representatives on the City of Fort Worth Development Advisory Committee (DAC). • The ENGINEER will solicit bid item lists from a reputable contractor with at least ten years of experience in Fort Worth. I • The ENGINEER will solicit bid item lists from the City of Fort Worth IT Department. • The ENGINEER will research TxDOT bid item lists. I 10.2 Preliminary Bid Item List • The ENGINEER will compile the raw data mentioned above in an excel spreadsheet and prepare a preliminary list of bid items to add to the next CFA bid item list revision. 10.3 Work Sessions and Meetings • The ENGINEER will initiate and lead up to four(4)work sessions with City staff to review and comment on the preliminary bid item list. i • The ENGINEER will present the preliminary bid item list to DAC and solicit comments and feedback. • The ENGINEER will initiate and lead up to one (1) meeting with a contractor in the Fort Worth area to solicit comments and feedback on the preliminary bid item list. 10.4 Draft Report • The ENGINEER will summarize the review comments&feedback mentioned above and prepare a draft report for City staff review. • The ENGINEER will present the draft report to DAC and solicit comments and feedback. 10.5 Final Report and Recommendation I • The ENGINEER will consider the comments and feedback from all parties and prepare a final report and recommendation on the items to include in the next j CFA bid item list revision. I 1 4 ATTACHMENT A-2°TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 24 OF 25 I j ASSUMPTIONS • City staff will provide the ENGINEER with bid item list and unit price studies prepared for or by the CITY in the past. • The ENGINEER will solicit information from other cities via telephone and email only. • Work sessions and meetings will last up to four(4)hours each. • The ENGINEER will provide the City with three paper(3)copies of the draft report and three (3)bound copies of the final report. 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 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 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 are not included. • 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. • SWPPP inspection services are not included. It is understood that the contractor will provide this service during construction. • Anything not specifically defined as included in Tasks 1-10 above shall be considered not included in the scope of this contract. ATTACHMENT Wr TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES(REV 9-04-09) PAGE 25 OF 25 ATTACHMENT "B" COMPENSATION AND SCHEDULE Design Services for Avondale-Haslet Road Improvements City Project No. 01414 I. Compensation A. The ENGINEER shall be compensated a lump sum fee of $698,983 for design services, an hourly not to exceed fee of $67,160 for construction and bid phase services, and a per item not to exceed fee of $26,317 for reproduction services as summarized in Exhibit "B-3." Payment of the combined fees listed above ($691,460 total) shall be considered compensation for the services described in Attachment A, for all labor, materials, supplies, and equipment necessary to complete the project. B. The ENGINEER shall be paid monthly payments as described in Exhibit "B-1" Section 1 - Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the ENGINEER. II. Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 180 working days (does not include CITY and/or other governing authority review time, weekends, or holidays) after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans-40 working days. B. Preliminary Engineering Plans and Contract Documents -80 working days. C. Final Engineering Plans and Contract Documents—40 working days. D. Final Plans and Contract Documents for Bid Advertisement—20 working days. Rev 8-7-09 SUMMARY OF TOTAL PROJECT FEES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 Scope of Service(Avondale Haslet Road from Walmart's Property Line to BNSF Railroad) Transportation&Public Works Department Lump Sum Fees Engineering Design $257,433 Additional Engineering Services $165,723 Survey Design $56,742 Geotechnical Design Services $9,591 Lump Sum 10%for Subconsultants $10,106 Subtotal $499,595 Hourly Not to Exceed Fees Bid Phase Services $33,076 Construction Phase Services $33,076 Subtotal $66,153 Reproduction Services(Per item,not to exceed) Reimbursable Expenses $24,925 Subtotal $24,925 TPW Subtotal $590,672 Water Department Lump Sum Fees Engineering Design $6,390 Additional Engineering Services $2,005 Survey Design $768 Geotechnical Design Services $151 Lump Sum 10%for Subconsultants $77 Subtotal $9,391 Hourly Not to Exceed Fees Bid Phase Services $504 Construction Phase Services $504 Subtotal $1,007 Reproduction Services(Per item,not to exceed) Reimbursable Expenses $393 Subtotal $393 Water Department Subtotal $10,791 Subtotal(Avondale Haslet Road from Walmart's Property Line to BNSF RR) $601,464 Scope of Service(BNSF Railroad to Sendera Ranch Road) Transportation If.Public Works Department Lump Sum Fees Engineering Design $41,300 Additional Engineering Services $16,890 Survey Design $5,660 Lump Sum 10%for Subconsultants $566 Subtotal $64,416 Scope of Service(Bid Rem List and Unit Price Study) Transportation&Public Works Department Lump Sum Fees Additional Engineering Services $25,580 Subtotal $25,580 PROJECT TOTAL $691,460 EXHIBIT "B-1" METHOD OF PAYMENT (Supplement to Attachment B) Design Services for Avondale-Haslet Road Improvements City Project No. 01414 I. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Conceptual Engineering plan submittal and approval by the City, a sum not to exceed 30 percent of the total lump sum fee (less reproduction and bidding/construction phase services). Until satisfactory completion of Preliminary Construction Plan submittal and approval by the City, a sum not to exceed 60 percent of the total lump sum fee (less previous payments, reproduction, and bidding/construction phase services). Until satisfactory completion of Final Construction plan submittal and approval by the City, a sum not to exceed 90 percent of the total lump sum fee (less previous payments, reproduction, and bidding/construction phase services). The balance of the earnings (less previous payments and bidding/construction phase services) shall be payable when the project is advertised. If the bid advertisement is delayed due to circumstances outside the control of the ENGINEER, the balance of the earnings shall be payable at the original bid advertisement date. Bidding/Construction services shall be paid after services are rendered. II. Progress Reports A. The ENGINEER shall submit to the designated representative of the Director of the Department of Transportation and Public Works monthly progress reports covering all phases of design in the format required by the CITY at the time the contract is submitted to the CITY. B. If ENGINEER determines in the course of making design drawings and specifications that the opinion of probable construction cost of$3,220,413 will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the Department of Transportation and Public Works and, if so instructed by the Director of the Department of Transportation and Public Works shall suspend all work hereunder. Rev 8-7-09 EXHIBIT "B-2" HOURLY RATE SCHEDULE (Supplement to Attachment B) (SUPPLEMENT TO ATTACHMENT "B") ENGINEERING DESIGN SERVICES ASSOCIATED WITH AVONDALE-HASLET ROAD IMPROVEMENTS City Project No. 01414 2009 Standard Rate Schedule* Employee Classification Rate/Hour(or Range) Administrative $55-$85 Cadd Technician $60-$100 Design Technician $80-$120 Department Director $150-$200 Design Engineer $90-$137 Project Manager $90-$150 Principal $150-$235 Special Consulting $225 Reimbursable Cost+ 10% Mileage $0.55 Per Mile Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus ten percent(10%). *These rates are subject to adjustment after December 2009. Rev 8-7-09 EXHIBIT"B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 Consulting Finn Prime Responsibility Fee Amount Percent Prime Consultant Dunaway Associates,L.P. Engineering&Project Management $ 583,975 84% MMIBE Consultants: Gorrondona&Associates,Inc. Survey $ 40,170 6% STL Engineers&Laboratories Geotechnical $ 9,742 1% ANA Consultants,LLC Engineering $ 57,573 8% Total Fee Amount $ 691,460 100% Prolect Description Scope of Service Total Fce MIME Fee Percent Engineering Services Water,Sewer,Paving,$Drainage $ 691,460 $ 107,485 16% City's MWBE Goal for this project 15% 0 Exhibk&311-13-M E13-3A EXHIBIT"B-38" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 WATER ENGINEERING DESIGN $ 3,195 SURVEY DESIGN $ 271 GEOTECH(PAVEMENT DESIGN) $ 53 REPRODUCTION $ 139 ADDITIONAL SERVICES $ 1,101 10%FOR SUB $ 27 SUBTOTAL $ 4,787 SEWER ENGINEERING DESIGN $ 3,195 SURVEY DESIGN $ 496 GEOTECH(PAVEMENT DESIGN) $ 98 REPRODUCTION $ 253 ADDITIONAL SERVICES $ 2,014 10%FOR SUB $ 50 SUBTOTAL $ 6,106 PAVING AND STORM DRAIN ENGINEERING DESIGN $ 298,733 SURVEY DESIGN $ 62,402 GEOTECH(PAVEMENT DESIGN) $ 9,591 REPRODUCTION $ 24,925 ADDITIONAL SERVICES $ 274,245 10%FOR SUB $ 10,671 SUBTOTAL $ 680,567 TOTAL FEE WATER DESIGN FEE $ 4,787 SEWER DESIGN FEE $ 6,106 PAVING AND STORM DRAIN DESIGN FEE $ 680,567 GRAND TOTAL $ 691,460 06-Exhibit B-3 11-13-09 EB-3B EXHIBIT"B-3C" (SUPPLEMENT TO ATTACHMENT B) TOTAL FEE SUMMARY&DESIGN FEE BREAKDOWN(LESS SURVEY FEE) ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 A SUMMARY OF TOTAL FEE Service Description Water Sewer Paving Total Engineering Services $ 3,415 $ 3,596 $ 343,919 $ 350,930 Additional Services $ 1,101 $ 2,014 $ 274,245 $ 277,360 Surveying Fee $ 271 $ 496 $ 62,402 $ 63,170 Total $ 4,787 $ 6,106 $ 680,567 $ 691,460 B BREAKDOWN OF WATER,SEWER AND PAVING FEES (Less Survey Fees) 1.Total Water Fee(less Survey Fees)Breakdown by Concept.Preliminary and Final Design a.Concept(30%)=(Total Water Fee-Survey Fees)X(0.3)= $ 1,355 b.Preliminary(60%)=(Total Water Fee-Survey Fees)X(0.6)_ $ 2,709 c.Final(10%)=(Total Water Fee-Survey Fees)X(0.1)= $ 452 2.Total Sewer Fee(less Survey Fees)Breakdown by Concept.Preliminary and Final Design a.Concept(30%)=(Total Sewer Fee-Survey Fees)X(0.3)= $ 1,683 b.Preliminary(60%)=(Total Sewer Fee-Survey Fees)X(0.6)_ $ 3,366 c.Final(10%)=(Total Sewer Fee-Survey Fees)X(0.1)= $ 561 3.Total Paving Fee(less Survey Fees)Breakdown by Concept.Preliminary and Final Design a.Concept(30%)=(Total Paving Fee-Survey Fees)X(0.3)= $ 185,449 b.Preliminary(60%)=(Total Paving Fee-Survey Fees)X(0.6)_ $ 370,899 c.Final(10%)=(Total Paving Fee-Survey Fees)X(0.1)= $ 61,816 4.Total Project Fee(less Survey Fees)Breakdown by Conceot.Preliminary and Final Desian a.Total Concept(30%)= $ 188,487 b.Total Preliminary(60%)_ $ 376,974 c.Total Final Design(10%)_ $ 62,829 Total Fee Less Surveying= $ 628,290 Total Surveying Fee= $ 63,170 Total Fee= $ 691,460 WExhibil&3 11-13.09 EB-313 EXHIBIT"B-3D" (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 SCOPE OF SERVICE 1287 to BNSF RR) General Surveying Services Boundary(ROW)Survey Verification(WM to BNSF RR) $7,500 TO Survey Verification(WM to BNSF RR) $7,500 'Subsurface Utility Survey QL"A"&"B"(WM to BNSF RR) $12,000 'Construction Staking(1 time,Paving,Storm Drain Water&Sewer)(WM to BNSF RR) $22,510 $49,610 Paving Surveying Services AnnexationlDeannexation Exhibits(North Avondale-Haslett Reverse Curve)(287 to BNSF RR) $1,500 Right-of-Way Vacation Document(up to 1)and ROW Plat(287 to Willow Creek) $4,000 Permanent Drainage Easements(up to 1)(South Avondale-Haslet Reverse Curve) $500 Temporary Constriction Easements(P,W&SS Construction)(up to 4)(287 to BNSF RR) $2,000 'Topographic Survey(BNSF RR to Sendera Ranch Road) $5,660 $13,660 Surveying Services Total $63,170 Transportation&Public Works Subtotal $62,402 Water Department(Water&Sanitary Sewer)Subtotal $ 768 `MWBE Participation 06-Exhibit B-3 11-13-09 EB-313 EXHIBIT"B-3E" (SUPPLEMENT TO ATTACHMENT B) FEES FOR REPRODUCTION SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avandals-Haslet Roadway Improvernwns Project No.01414 1 Concept Design- SETS $/SHEET SHEETS TOTAL Plans(Full Size) ($2.501sheet x sheetslset) 2 $ 2.50 so $ 400 Plans(Half Size) ($1.001sheet x sheets/set) 5 $ 1.00 80 $ 400 2 Preliminary Design- Plans(Full Size) ($2.50/sheet x sheets/set) 18 $ 2.50 80 $ 3,600 Plans(Half Size) ($1.00/sheet x sheets/set) 5 $ 1.00 80 $ 400 Specs ($0.50/page x pages/report) 2 $ 0.50 350 $ 350 Drainage Study(Calculations&Exhibits) ($75.00 1study) 1 $ 75.00 1 $ 75 3 Final Design- Plans(Full Size) ($2.50(sheet x sheets/set) 4 $ 2.50 80 $ 800 Plans(Halt Size) ($1.00/sheet x sheets/set) 15 $ 1.00 80 $ 1,200 Specs ($0.50/page x pages/report) 12 $ 0.50 350 $ 2,100 4 Bld Advertisement- Plans(Full Size) ($2.501sheet x sheets/set) 2 $ 2.50 80 $ 400 Plans(Half Size) ($1.00/sheet x sheets/set) 10 $ 1.00 80 $ 800 Specs ($0.501pagexpages/report) 10 $ 0.50 350 $ 1,750 5 As Bid Documents- Plans(Full Size) ($2.501sheet x sheets/set) 4 $ 2.50 80 $ 800 Plans(Halt Size) ($1.00/sheet x sheets/set) 6 $ 1.00 80 $ 480 Specs ($0.50/page x pages/report) 6 $ 0.50 350 $ 1,050 6 SWPPP Complete Book in 3-Ring Binder ($75.0011)ook) 6 $ 75.00 1 $ 450 7 Final Mylars Plans(Full Size) ($17.50/sheet x sheets/set) 2 $ 17.50 80 $ 2,800 8 Public Meetings Mounted Exhibits ($50.00/sheet x sheets/set) 4 $ 50.00 1 $ 200 Plans (Full Size) ($2.50/sheet x sheets/set) 8 $ 2.50 80 $ 1,600 9 Miscellaneous (Internal review sets,misc.exhibits,&mileage) 1 $ 5,662 1 $ 5,662 Reproduction Services Total $ 26,317 Transportation 8 Public Works Department Subtotal $ 24,925 Water Department(Water 8 Sanitary Sewer)Subtotal $ 393 Please note the Reproduction Services Total above is an estimate based on the required deliverables set fort M the standard design contract provided by the CITY.If the Reproduction Services Total is not reached during the course of the project,the ENGINEER will Invoice the CITY for the reimbursable items charged to the project only;not the total above.However,If the Reproduction Services Total Is exceeded during the project,the ENGINEER will require a contract amendment for the additional Reproduction Services. D6-Emh,h 1 B-311-13-09 EB-3E EXHIBIT"B-3F" (SUPPLEMENT TO ATTACHMENT B) "FEES FOR GEOTECHNICAL SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Contract No. Project No. 'STL-Geotechnical Investigation and Pavement Design Report(Water Tank to WC) $ 9,742 $ 9,742 Transportation&Public Works Subtotal $ 9,591 Water Department(Water&Sanitary Sewer)Subtotal $ 151 •MWBE Participation EB-3F EXHIBIT"B-3G" (SUPPLEMENT TO ATTACHMENT B) FEES FOR ADDITIONAL SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Project No.01414 General Additional Services: Kickoff Meeting $5,150 Coordination Meetings with City Staff(up to 23 meetings) $46,050 30%Conceptual Design and Coordination with City Staff(up to 2 meetings) $6,310 Constructability Review Meeting&Site Visit prior to 60%review meeting. $4,920 60%Preliminary Design and Coordination with City Staff(up to 2 meetings) $6,310 90%Final Design and Coordination with City Staff(up to 2 meetings) $6,310 100%Pre-Bid Design and Coordination with City Staff(up to 2 meetings) $6,310 Storm Water Pollution Prevention Plan(SWPPP) $3,560 Detailed Traffic Control Plans $21,900 Bid Assistance(3 addenda,questions from contractors,prepare bid tabs) $7,880 Pre-Bid Meeting $1,620 Bid Opening $1,620 Pre-Construction Meeting $1,860 Public Meeting(up to 2 meetings) $5,400 Franchise Utility Coordination $3,920 Site Visit(up to 24) $24,120 Record Drawings(Paving,Water and Sewer) $7,390 Monthly Progress Reports and Schedules(up to 12) $10,370 Monthly Minority Women Business Enterprise Reports(up to 12) $7,130 Upload Construction Documents to Buzzsaw $1,730 Assist the City in award of Construction Contract $5,560 Shop Drawing Review(up to 10) $5,200 Construction RFIs(up to 4) $4,030 Change Order reviews(up to 4) $4,030 Final Observation(1) $2,120 SUBTOTAL $200,800 Transportation&Public Works Additional Services Paving Alignment Revisions and Associated Tasks(North Avondale-Haslet Reverse Curve) $9,015 Coordination Meetings with BNSF(Paving Improvements in BNSR ROW)(up to 5) $5,325 CFW-Drainage Study&Analysis $13,000 *RR Permit(Paving Improvements) $6,750 30%Conceptual Design and Coordination with City and Tarrant County Staff(up to 2 meetings) $2,410 60%Preliminary Design and Coordination with City and Tarrant County Staff(up to 2 meetings) $2,410 Storm Water Pollution Prevention Plan(SWPPP-Tarrant County Improvements) $3,200 Public Meeting(up to 2 meetings and 2 mounted exhibits) $6,600 Franchise Utility Coordination(Tarrant County Improvements) $2,270 Bid Item List&Unit Price Study $25,580 SUBTOTAL $76,560 Transportation&Public Works Subtotal $274,245 Water Department(Water&Sanitary Sewer)Subtotal $3,115 Additional Services Grand Total $277,360 • MWBE Participation EB-3G EXHIBIT"B-3H" (SUPPLEMENT TO ATTACHMENT B) MANHOUR ESTIMATE ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 Hours Task Description Principal Dept.Mgr. Prj.Mgr. Engr. Tech. Clerical Fee Billing Rate $235 $200 $145 $120 $100 $85 SCOPE OF SERVICE(Hwy.287 to BN5F RR) Kickoff Meeting 8 8 a 6 $5,150 Coordination Meetings with City Staff and Adjacent Property Owners(up to 23 meetings) 75 75 75 30 $46,050 LS 30%Conceptual Design and Coordination with City Staff(up to 2 meetings) 4 12 12 6 6 $6,310 LS N Constructability Review Meeting&Site Visit prior to 60%review meeting 16 16 8 $4,920 LS # 60%Preliminary Design and Coordination with City Staff(up to 2 meetings) 4 12 12 6 6 $6,310 LS 90%Final Design and Coordination with City Staff(up to 2 meetings) 4 12 12 6 6 $6,310 LS 100%Pre-Bid Design and Coordination with City Staff(up to 2 meetings) 4 12 12 6 6 $6,310 IS Paving Alignment Revisions and Associated Tasks(North Avondale-Haslet Reverse Curve) 4 4 12 24 24 3 $9,015 LS Annexation/Deannexation Exhibits(North Avondale-Haslet Reverse Curve)-See Sheet E83D Surveying Fees $1,500 LS ]Paving,Right-of-Way Vacation Documents and ROW Plat(287 to Willow Creek)-See Sheet EB3D Surveying Fees $4,000 L5 Permanent Drainage Easements(up to 1)(South Avondale-Haslet Reverse Curve) $500 LS Temporary Construction Easements(P,W&SS Construction)(up to 4) $2,000 LS Coordination Meetings with BNSF(Paving Improvements in BNSR ROW)(up to 5) 6 15 12 6 $5,325 LS Striping,Illumination,Grading,SO,Water,&Sanitary Sewer Plans,Specs,and Cost Estimate(30%,60%,90%,100%) 75 158 275 490 600 60 $213,000 LS CFW-Drainage Study&Analysis 2 8 18 36 40 $13,000 'i LS `s Storm Water Pollution Prevention Plan(SW PPP) 4 12 12 4 $3,560 LS Detailed Traffic Control Plans 8 24 64 88 4 $21,900 LS Boundary(ROW)Survey Verification -See Sheet EB3D Surveying Fees $7,500 LS � Topographic Survey Verification-See Sheet E133D Surveying Fees $7,500 H t Bid Assistance(3 addenda,questions from contractors,prepare bid tabs) 8 16 24 4 8 $7,880 H Pre-Bid Meeting 4 4 2 $1,620 H =Bid Opening 4 4 2 $1,620 Pre-Construction Meeting 1 1 2 4 4 4 $1,860 Public Meeting(up to 2 meetings) 4 1 4 8 8 12 4 $5,400 E5 3H Page 1 of 3 EXHIBIT"BJH" (SUPPLEMENT TO ATTACHMENT B) MANHOUR ESTIMATE ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 Hours Task Description Principal Dept.Mgr. Prj.Mgr. Engr. Tech. Clerical Fee Billing Rate $235 $200 $145 $120 $100 $85 Franchise Utility Coordination(up to 3 meetings) 2 12 12 4 $3,920 Site Visit(up to 24) 8 24 64 48 24 $24,120 Record Drawings(Field Changes for Paving,Storm Drain,Water,and Sewer Construction Plans) 4 4 10 16 16 8 $7,390 Monthly Progress Reports and Schedules(up to 12) 4 8 30 12 24 $10,370 Monthly Minority Women Business Enterprise Reports(up to 12) 4 8 18 8 12 $7,130 Upload Construction Documents to Buzzsaw(Create Individual DWF files Of All Sheets) 2 2 12 $1,730 Assist the City in Award of Construction Contract 8 16 8 8 $5,560 Shop Drawing Review(up to 10) 16 24 $5,200 Construction RFIs(up to 4) 1 12 16 2 $4,030 Change Order reviews(up to 4) 1 12 16 2 $4,030 Final Observation(1 site visit) 8 8 $2,120 LS 36 'Paving Plans,Specifications and OPC-RR Crossing Improvements(30%,60%,90%,100%) $50,823 L$ 37 'RR Permit(Paving Improvements) $6,750 Sub Consultant Coordination(10%) $5,757 'Geotechnical Investigation and Pavement Design Report(STL Water Tank to WC)-See Sheet E83F Geotechnical Fees $9,742 Sub Consultant Coordination(10%) $974 LS 41 'Subsurface Utility Survey OL"A"&"B"-See Sheet EB3D Surveying Fees $12,000 LS 42 .Construction Staking(Onetime basis,Paving,Storm Drain,Water,&Sewer)-See Sheet EB3D Surveying Fees $22,510 EL"Sub Consultant Coordination(10%) $3,451 Subtotal 204 393 731 888 836 217 $576,148 ES-31-I Pape 2 013 EXHIBIT"B-314" (SUPPLEMENT TO ATTACHMENT B) MANHOUR ESTIMATE ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No.01414 Hours Task Description Principal Dept.Mgr. Pd.Mgr. Engr. Tech. Clerical Fee Billing Rate $235 $200 $145 $120 $100 $85 SCOPE OF SERVICE(BNSF RR to SENDER&RANCH ROADI 30%Conceptual Design and Coordination with City and Tarrant County Staff(up to 2 meetings) 3 8 4 2 $2,410 60%Preliminary Design and Coordination with City and Tarrant County Staff(up to 2 meetings) 3 8 4 2 $2,410 Paving,Striping,Culvert Ext,WV&SSMH Adjustment Plans(30%&60%) 14 20 50 90 110 16 $37,700 Quantity Take-Off&Cost Estimate 4 6 8 8 2 $3,600 Storm Water Pollution Prevention Plan(SWPPP) 2 6 8 8 2 $3,200 Public Meeting(up to 2 meetings and 2 color exhibits) 4 8 12 32 $6,600 Franchise Utility Coordination(up to 2 meetings) 2 1 4 6 4 2 $2,270 LS 51 'Topographic Survey-See Sheet EB3D Surveying Fees $5,660 Sub Consultant Coordination(10%) $566 Subtotal 14 38 90 132 162 26 $64,416 SCOPE OF SERVICE(BID ITEM LIST AND UNIT PRICE STUDYI Research and Data Collection 2 2 24 8 4 4 $6,050 Preliminary Bid Item List 2 2 24 8 4 4 $6,050 Work Session&Meetings(Up to 5) 20 4 20 $8,400 Draft Report 2 2 8 6 $2,540 Final Report&Recommendation 2 2 8 6 $2,540 Subtotal 28 12 84 16 8 20 $25,580 LS=LUMP SUM FEE H=HOURLY NOT TO EXCEED Lump Sum Fee $598,984 'MWBE Participation Hourly Not to Exceed $67,160 Labor Total $666,144 5TI,ENG ANA CAI DUNAWAY ES-3H Pape 3 of 3 ATTACHMENT "C" AMENDMENTS TO STANDARD CONTRACT AND GENERAL SCOPE OF SERVICES ENGINEERING DESIGN SERVICES ASSOCIATED WITH Avondale-Haslet Roadway Improvements Project No. 01414 1. Attachment"A"General Scope of Services: a. Item 6) Plan Submittal. The first sentence shall read: "Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheet, or as otherwise approved by the Transportation and Public Works Department..." b. Item 7) Right-of-Way, Easement and Land Acquisition Needs. The second sentence shall read: "Sketches and easement descriptions are to be presented in form suitable for direct use by the Transportation and Public Works Department..." c. Item 13) Final Construction Plans. This shall read: "The Engineer shall furnish two 2 full size& fire(5) half size copies of the final construction plans and two (2) copies of the..." C-1 08-Attach m ent-C-09-0925-kmc Consulting Contract Schedule Specifications FORT WORT H City of Fort Worth Capital Improvement Program Dept.:PMO Subject:Schedule Specifications JVer sion:1.0 1 Effective Date:June 30,2009 Attachment D-Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. Dl. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera(Version 6.1 or later or approved by CITY) - Primavera Contractor(Version 6.1 or later or approved by CITY) - Primavera SureTrak(Version 3.x or later or approved by CITY) - Microsoft Project(Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments,if any,and submit to the CTTY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure(WBS)representing the tasks,subtasks,and activities associated with delivering the work b. The schedule shall accurately describe the major work activities,key milestones,and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points,including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, CITY OF FORT WORTH,TEXAS 1 OF 2 PROGRAM MANAGEMENT OFFICE s • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. CITY OF FORT WORTH,TEXAS 2 OF 2 PROGRAM MANAGEMENT OFFICE PROPOSED AVONDALE—HASLET RD MAPSCO �!!a-� .'� f CC�� S:s-vv�� q��"-`��ii".►' Knit--xxnaxntx �ZIP:�. ♦2T� �� �����j � J O p m� a.c e- ■ • NII � � �,�,..-S, O.A•,t,..,.O �+ yapa_==--nnun______, � �i s.:�'�'�i �,�►4 ` Oran►�,�PO�.�inn°n�inn ii== BMW ! - 1 ♦ �� Iii NOW OEM m 111!111 11/EC� '�►j�r! 1N1 /�1 lull __ u/�� n�u.nu. .• •� n„■ �'� O1/ NI N/ / MINI —r��■■nn. m IMMI -'C !Ban sawn Me I � �� _ _ - �; �-111111/ •e-• �� �� , • ��111N f ,1 � �IIIII 1� 1 � �111111 �NII/�►-' ��_ �1 � 1� p IIIIN/1111►�� � - _ ; 11� C 1111111 it11► r��� __ !IiN1111t� SUNNIr�ll► i M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTH COUNCIL ACTION: Approved on 12/15/2009 REFERENCE ** 20AVONDALE HASLET DATE: 12/15/2009 NO.: C-23975 LOG NAME: DESIGN DUNAWAY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Engineering Services Agreement in the Amount of$691,460.00 with Dunaway Associates, L.P., for the Design of Avondale Haslet Road from US Highway 287 to Willow Springs Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement in the amount of$691,460.00 with Dunaway Associates, L.P., for the design of Avondale Haslet Road from US Highway 287 to Willow Springs Road. DISCUSSION: The 2008 Bond Program included funds for Avondale Haslet Road from 2,250 feet east of US Highway 287 frontage road to Burlington Northern Santa Fe (BNSF) Railroad to reconstruct to a four lane divided arterial road with sidewalks. The scope of services for this Engineering Services Agreement (Agreement) is the design of Avondale Haslet Road as a new arterial roadway from the west property line of an existing water tank site, across the BNSF railroad, and to Willow Springs Road (Project No. 01414). Included are underground storm drains as well as water and sewer line modifications. Dunaway Associates, L.P., is working with Wal-Mart to make improvements from US Highway 287 to the water tank site. A Community Facilities Agreement is anticipated to build part of this roadway. Dunaway Associates, L.P., has proposed to complete the final design plans and specifications for a lump sum fee of$691,460.00. City staff considers this fee to be fair and reasonable for the scope of services to be performed. Funding for this project will come from 2008 CIP Bond Funds. Dunaway Associates, L.P., is in compliance with the City's M/WBE Ordinance by committing to 16 percent MWBE participation. The City's goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 7, Mapsco, 4U, 4V, 5S and 5T. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C204 531200 207230141430 $535,813-00 C204 531200 207230141451 $40,660.00 C204 531200 207230141452 $22,510.00 C204 531200 207230141480 $67,160.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1283 8&councildate=12/15/2009 12/16/2009 M&C Review Page 2 of 2 C204 533040 207230141481 $25.317.00 Submitted for City Manager's Office br. Fernando Costa (8476) Originating Department Head: William Verkest (7801) Additional Information Contact: Michael Hasler (2442) Patrick Buckley (2443) ATTACHMENTS _0__8-Attachment_E.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?1 D=12 83 8&counci]date=12/15/2 009 12/16/2009