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HomeMy WebLinkAboutContract 46589 CITY SECRETAW jA I r CITY OF FORT WORTH, TEXAS CONTRACT NO. `Tv'-J STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Dunaway Associates, L.P., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Design of Phase I Hammond Street and Timothy Drive Drainage Improvements. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A. The ENGINEER's compensation shall be in the amount of $237,606.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 16 CITY SECRETAW RECEIVED APR 0 9 1015 FT.WORTH, TX i resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 16 conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires, provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth..Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 4 of 16 I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 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, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents, obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 12 of 16 behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Executed and effective this the /& ray o&) -V, 20/0-f BY: BY: CITY OF FORT WORTH ENGINEER Dunaway Ass .ates, L.P. Fernando Costa Tom Galbreath, ASLA Assistant City Manager President Date: 4A A., Date: APPROVAL RECOMMENDED: gy. Lj f'j Douglas W4ansportation iersig, P.E. Director, and ublic Works APPROVED AS TO FORM AND M&C No.: G- - 2 sb LEGALITY U6&— M&C Date: Z �• /S By: Douglas W. Black Assistant City Attorney ATTEST: F�0 ~ � 0 Mary J.Oaryr 2 $ � City Se °"a�°Go OFFICIAL RECORD W CITYSECRETARY City of Fort Worth,Texas FT. OWN,TA Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 1 of 16 ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Design of storm drain improvements to Hammond Street and Timothy Drive to alleviate flooding in the vicinity of the intersection of Hammond Street and Old Burleson Road. WORK TO BE PERFORMED 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 Services Task 9. Permitting (NOT INCLUDED IN SCOPE) Task 10. Plan Submittal Checklist (NOT INCLUDED IN SCOPE) TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Conduct and document periodic design team meetings. • Task and allocate team resources 1.2. Communications and Reporting • 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. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 22 • Conduct and document monthly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit an updated Project Schedule and Project Schedule updates with a schedule narrative. The Project Schedule is to be submitted to the CITY Project Manager on a monthly basis. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Prepare information for Benefits Review & Summary meeting with CITY and CITY's program manager consultant ASSUMPTIONS • ENGINEER will 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 authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. 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 M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 13 TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Drainage Computations — Perform hydraulic analysis of storm drain improvements to verify the hydraulic grade line is lowered adequately to mitigate flooding/ponding upstream of Old Burleson Road. 2.1.1 Convert the InfoWorks SD model of the existing storm drain system to the InfoWorks ICM format. The existing conditions storm drain model developed previously will be used to determine where storm water is expected to surcharge the existing pipe network. 2.1.2 Add the proposed storm drain improvements developed under the original scope to the InfoWorks model and run the model for the 5-, 10-, 25-, 50- and 100-year frequencies. The proposed conditions InfoWorks model will consider storm drain improvements for the area west of Interstate Highway 35-W only. 2.1.3 Prepare comparative exhibits showing the surface inundation expected for the 5-, 10-, 25-, 50- and 100-year frequencies with the proposed storm drain improvements in place. 2.2. Subsurface Utility Engineering (SUE) 2.2.1. Perform SUE Level B to update and supplement the SUE information obtained in the previous authorized SUE investigation (Exhibit A) along the proposed storm drain route from Old Burleson Road to the southbound frontage road of Interstate Highway 35-W. 2.2.2. Perform SUE Level A at all sanitary sewer services to obtain clean-out elevations for the services that will cross the proposed storm drain and at one (1) additional location. 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; duplicate or conflicting information; need for clarification. • 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 13 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 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. • 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. Level B (includes tasks as described for Quality Level C) • 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. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 13 • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.3. Prepare Conceptual (30%) Design Package, including: 2.3.1. Letter Report — Prepare an updated letter report summarizing the assumptions made, methodologies used, and the conclusions reached during the hydraulic analyses, including a recommendation regarding the design frequency to be used for the subsequent design tasks of the project. The report will also include the engineer's opinion of probable construction costs and an exhibit illustrating the scope of the proposed storm drain improvements. 2.3.2. Conceptual Plan Sheets — It is anticipated the Conceptual (30%) submittal will include the following, including those identified in the original contract and subsequent amendments: 2.3.2.1. Drainage Area Map — Hammond St. map, revised to include the latest storm drain layout. 2.3.2.2. Drainage Calculations — Hammond St. calculations revised to reflect the conceptual storm drain improvements. Two additional sheets will be included in the conceptual plan sheet to summarize the InfoWorks hydraulic modeling: InfoWorks model layout (schematic) and calculations summary. 2.3.2.3. Project Layout Sheet. 2.3.2.4. SUE Plan Drawings 2.3.2.5. Plan and Profile (Storm Drain) 2.3.3. Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. Include documentation that the proposed storm water project will not impact upstream and downstream properties. 2.3.4. Project Decision Log. 2.3.5. Estimate of Probable Construction Cost — updated to include the conceptual storm drain improvements. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 17 sanitary sewer clean-outs will be exposed as surveyed as part of the SUE Level A investigation. • The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02. • One (1) test hole may be required to identify utility conflicts along the proposed storm drain route. • 4 copies of the conceptual design package will be delivered. Drawings will be half size (11" x 17"). City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 5 of 13 • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • All submitted documents and checklists will also be uploaded t the designated project folder in Buzzsaw • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual (30%) Design Package. B. Conceptual iSWM Checklist TASK 3. PRELIMINARY DESIGN (60 PERCENT). Upon written approval by CITY of the conceptual design, ENGINEER will develop the preliminary design of the infrastructure. 3.1. Development of Preliminary Design Drawings shall include the following: 3.1.1. Drainage Calculations Sheet — Update the InfoWorks computations summary sheets for the Hammond Street improvements to reflect changes from the 30% submittal. 3.1.2. Project Layout Sheets, at a scale of not less than V=100', showing the overall layout of the proposed storm drain improvements for the Hammond and Hopkins areas. If legible, a key map of the plan/profile sheets may be added to the project layout sheet for the Hammond Street area. 3.1.3. Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. 3.1.4. ENGINEER shall prepare detail sheets for special drainage and structural details not included in the City's standard details drawings, including a junction box at the downstream limit of the proposed improvements (IH-35W inlet connection) and at sanitary sewer conflict areas (sewer pipe through storm drain structure). 3.2. Geotechnical Investigation/Pavement Design 3.2.1. Soil Investigation. Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan (Exhibit B). The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 13 3.2.1.1. Four (4) soil borings will be performed along the proposed storm drain alignment within existing residential street rights-of-way to a depth of 15 feet: • Intersection of Timothy St. and Spurgeon St. • Intersection of Hammond St. and Timothy St. • Intersection of Hammond St. and Old Burleson Road • Parking lot just west (upstream) of the TxDOT inlet on the southbound frontage road of Interstate Highway 35W. 3.2.1.2. Four (4) pavement corings will be performed along the proposed storm drain alignment within existing residential street rights-of-way and in parking lots to a depth of 5 feet. 3.2.2. Trenching & Pavement Recommendation. Using the developed for the soil investigation, ENGINEER shall provide a recommendation to CITY regarding trenching and pavement replacement. 3.2.3. Pavement Design. Following CITY's review of the pavement recommendation, and upon consultation with CITY, ENGINEER shall prepare pavement design plans for the replacement of the full width of the streets along the project (Hammond and Timothy Streets) 3.3. iSWM Construction Plan for SWPPP ENGINEER shall prepare an iSWM construction plan (formerly referred to as the erosion control plan) in accordance with the 2012 City of Fort Worth Integrated Stormwater Management Criteria Manual. The additional effort required for the iSWM construction plan will be to include a summary of the design computations for the erosion control measures on the erosion control measures drawing, which was not included in the original contract. ENGINEER will provide the iSWM Construction Plan to the contractor, and the contractor will be responsible for preparing and submitting the SWPPP to the appropriate regulatory agencies and implementing the procedures outlined in the SWPPP. 3.4. Engineer will complete and submit the Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • The soil boring locations can be accessed by a truck-mounted drilling rig and do not require clearing for boring access • 4 borings at an average bore depth of 15 feet each will be provided. • 4 pavement corings at an average bore depth of 5 feet each will be provided. • Engineer will review the geotechnical data for the soil borings and pavement corings and provide CITY with a recommendation regarding trench safety and pavement rehabilitation/replacement. CITY will determine whether pavement overlay (POL) or City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 7 of 13 (MOL) mill and overlay will be used for pavement repair. The limits of pavement rehabilitation/replacement will be identified on the pavement rehabilitation/replacement layout sheet. Pavement design is not included in this Scope of Services. • 2 copies of the geotechnical report will be delivered to CITY. • 0 full size plans will be delivered for Utility Clearance. • 1 full size 5 half size plans will be delivered for Constructability Review. • 10 half size 1 full size drawings will be delivered for Preliminary Design. • 2 copies of the specifications will be delivered to CITY for Preliminary Design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • All submitted documents and checklists will also be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES • Preliminary Design drawings • Preliminary iSWM Checklist • Utility Clearance drawings • Geotechnical Report • Documentation of key design decisions (Project Decision Log) • Estimates of probable construction cost • Public Meeting exhibits TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. Final draft (90%) construction plans and specifications, plus the Final iSWM Construction Plan. 4.2. Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction, which will serve as a quality assurance review to verify the items required for the iSWM Construction Plan have been addressed. ENGINEER shall prepare an iSWM Construction Plan for the project to be provided to the contractor for the contractor's development of a Stormwater Pollution Prevention Plan (SWPPP). 4.3 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 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 8 of 13 sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 10 half size 11"x17" drawings will be delivered for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • 2 full size 22"x34" drawings and 2 specifications will be delivered for the 100% design. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • The following is an estimated final sheet list for both the Hopkins Ct. and Hammond St. areas, including the sheets anticipated in the concept design contract (denoted by an X): (X) Cover Sheet (1) (X) Drainage Area Maps (2) — one for Hopkins Ct., one for Hammond St. (X) Drainage Calculations Sheet (3) — Hammond St. only ( ) Project Control Sheet— Hammond St. ( ) Overall Project Layout Sheet— Hammond St. ( ) Easement Layout Sheet— Hopkins Ct. ( ) SUE Plan Sheet (2) — Hammond St. and Hopkins Ct. (X) Plan and Profile Drawings (6) —two for Hopkins Ct. and four for Hammond St. ( ) Pavement Rehabilitation/Replacement (X) Standard, Structural and Special Details (8) ( ) iSWM Construction Plan Calculations Sheet (3) — one for Hopkins Ct. and two for Hammond St. ( ) Landscape Plan — Hopkins Ct. DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Final iSWM Checklist D. Documentation of key design decisions (Project Decision Log). City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 9 of 13 E. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. F. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • Attend the pre-bid conference in support of the CITY. • Attend the bid opening in support of the CITY. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings • Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing filess and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf 11. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 10 of 13 were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956—SHT01.dwg", "W- 1956—SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X-12155—SHT01.dwg", "X-12755—SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • The evaluation of alternate bid items is not included in the scope of services. • 20 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 10 half size 11"x17" and 10 sets of full size plans and specifications will be delivered to CITY. • 4 sets (1 bound and 3 unbound) of conformed construction documents will be delivered to CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES • Addenda • Bid tabulations • CFW Data Spreadsheet • Recommendation of award • Construction documents (conformed) • CD containing final drawings City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 11 of 13 TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support 6.1.1. ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. 6.1.2. ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. 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. 7.2 Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. DELIVERABLES A. Right-of-Way, easement exhibits and metes and bounds provided on CITY forms. B. 2 right-of-entry agreements will be prepared and delivered to the City. TASK 8. SURVEY. 8.1 ENGINEER will perform a topographic field survey of the area within the Tri-Color auto dealership (Exhibit C) to supplement data obtained in previous surveys. ASSUMPTIONS • Construction surveys will be performed by CITY and are not included in this scope of service. • 1 right-of-entry agreements for survey access will be provided. DELIVERABLES • Copies of field survey data and notes signed and sealed by a licensed surveyor. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 12 of 13 • Drawing of the project layout with dimensions and coordinate list. • Exhibit showing the location of all trees greater or equal to 10-inch caliper in diameter within the anticipated construction area, with identification of each whether to be removed or to be saved during construction. TASK 9. PERMITTING. (NOT INCLUDED IN SCOPE) TASK 10. PLAN SUBMITTAL CHECKLISTS. (NOT INCLUDED IN SCOPE) 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 • 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. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 13 of 13 ATTACHMENT B COMPENSATION Design Services for Design of Phase I Hammond Street and Timothy Drive Drainage Improvements City Project No. 00488 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $267,606 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates $183,771 77% Proposed MBE/SBE Sub-Consultants Gorrondona &Assoc. Survey, geotechnical $18,285 8% The Rios Group SUE $35,550 15% Non-MBE/SBE Consultants TOTAL $237,606 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Design of Phase I Hammond Street and $237,606 $53,835 23% Timothy Drive Drainage Improvements City MBE/SBE Goal = 23% Consultant Committed Goal = 23 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 C d •� u 'm A E R dm m Y C N J O V r T O 0 O C � wa` m d c m E a o o U 3 � 9 C 2 C E O _N C G7 C m G O E v E E G O Q m o m c �O w f0- E � R a r ` O E E E m r n Q a o U m o 0 LL m « d o r n c IM O x X y l� E c m t t E C Z >` o o c E � v E 3 3 d > m o as a e - S E d u e v C c , 0 t w m O « d o g U "66 M ° m e C C m m m m m (In 0) (0 D e t Cp ao ^r o Q C U E LL �U ufi m0° o iii m m m p L • C V W V p Q 0 Q u _ y G « C E O_ d w m041 r O CL F- d 7 �+ -O 0 d C d (� CLrr d U) Y °' v o E. c o 3 a E E E a w r m a V H CL d � H d o o � ai it Z a O # E H'o m tll +i W Z C � cC' ui is � e. ne �nm N V•� ip m_«W O m m w d d y O yOjv° E ie v d r r r O OZ, 2, O c c a 2 o > L ii° -61 t' aa`G v U U>CL� - s M333333 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Design of Phase I Hammond Street and Timothy Drive Drainage Improvements City Project No. 00488 None. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program WE Attachment D - Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the Cihl'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) - Microsoft Project(Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following,if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth,Texas Attachment D PMO Release Date:02.15.2011 Page 1 of 2 • 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 INSTRUC I IONS: 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 Attachment D PMO Release Date:02.15.2011 Page 2 of 2 , r I fift Ll t 1g u Ld .. .. .R _ SLD t r LU "PjqR FT .: , PROJECT LOCATION SPURGEO N STREET- ----------------- '% _ 14 , f , JdW ATTACHMENT E PROJECT LOCATION Hammond Street N Drainage Improvements City Project No. 00488 + y A MAPSCO 91 J,K _Sou rcetEs ,,.l)igita0 250 500 Council District 9 CNEs/Airbus bs, 000000001== �DUNAWA�/ swisstopo,and the 1 inch=500 feet 7 Path:Mworth\file system\Production\Municipal\2006\2006041\Correspondence\Contract\002—Phase I Design\Attachment E-Project Location.mxd le;ol;.na(ad n n V w s;sod Pala 0 0 m I potgns aad 0 o m a ro Nol)uoHeulpjooj ;ue;lnsuoagns 0 0 0 p;-zjnsuo,uqnEs oout o o oo.n N o OHM mryw m m N ti o 0 Obi O O d .i vi o O leiwgns aai "p le]o;gns po113 m a ti a -oddns g and;w;slulwpy o /leoual� i i uepluyaal uPlsaa ul8u3 a;enpe;g g v rn ala v ry o m IaJeueW Pd afa ry � I ;o � ]an uaw;eda a� .i a .0 ] 0 ✓� m tH peaH';dad 8 Z /a8;ey]ullednul;d .Nm. 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DISCUSSION: The Engineering Services Agreement recommended by this Mayor and Council Communication will provide for the design of Phase I Hammond Street and Timothy Drive Drainage Improvements. This project will reduce the probability of residential and commercial property flooding and roadway overtopping which occurs to properties along Hammond Street, Timothy Road, and Old Burleson Road west of IH-35, within the Fair Oaks watershed. On March 6, 2007, the City Council authorized an Agreement with Dunaway Associates, LP, to provide preliminary analysis and engineering (M&C C-21995). Upon completion of preliminary analysis, associated amendments were issued for a feasibility study and evaluation of detention options. A comprehensive improvement plan was developed for the watershed and individual projects were identified for phased construction. Dunaway Associates, LP, proposes to perform the Phase I design services for a fee in the amount of $237,606.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. M/WBE Office- Dunaway Associates, LP, is in compliance with the City's BIDE Ordinance by committing to 23 percent SBE participation. The City's SBE goal on this project is 23 percent. This project is located in COUNCIL DISTRICT 9, Mapsco 398 B3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 209280048830 $237,606.00 Submitted for City Manager's Office by: Fernando Costa (6122) http://apps.cfwnet.org/council_packet/me_review.asp?ID=20669&councildate=1/27/2015 3/3/2015 t M&C Review Page 2 of 2 Originating Department Head: Douglas W. Wersig (7801) Additional Information Contact: Debbie Willhelm (2481) ATTACHMENTS 00488.Map.pdf http:Happs.cfwnet.org/council_packet/mc_review.asp?ID=20669&councildate=1/27/2015 3/3/2015 MAYOR AND COUNCIL COMMUNICATION MAP PH I Hammond St. & Timothy Dr. Drainage Improvements W,SHAW,ST - ORANGE ST :r` Z rl . ��cy � q�Sr 4 BIDDISON ST _ �"� �': F� ATKINS ST car dw W.RIP w ' LL EYRIP Y ST �WRIPY�ST r rJ ° 'Q'"+> K �; � , rr "99"����. MINDEN ST t L c x : Q ��� av�ft. Imo. Y�►- F-� tt" + ,�� O _.+ W BUTLER ST � > - CL aft w' vOi � N �iSi = . O v� 0 W OST_ m W OO S _ +VAN rn _ iii t,1- Q _ ; = Q ,�. i.. a� 9 - BL DGAVE SIMS DR LU V11 W-W �. z = � ,�. ` , EgpLT SST i DEBBIE} ST 44, T - ".Y` k q _ ! t I xtA � • FLINT,' T, wkX L •T'S � } ;,W SEMINARY,DR`, w u�i ,..• _-! SEMINARY•DR � E SEMINARY DR R _ ,4 gt W GAM RESTEtO� 'gF':\N °. t. -,. ?Ae�Ty� �Y `! . Yr ,•' :1 Gt, ' 1 ^1: e' `F Q ^` s A W BBOYCE ti -Eur ' \ W. � •P o :. ' �'==W FELIX ST w F .w xkf1.FULLERAVE< S�:. �CY r = . Q• .� •�. _ - � �c['� -�o� tic rr — . �B G .] . Cn go > r_ F, _ I HOD�k lj r- ,ti- Q � - ..� CYST SONS �r �� �• 'W� Y _ e; ;_`_ � .,._ ,, OHO A - IL CALIP •rDRNI- P 4 /( ,S �T�y� ,!a E HAMMOND ST ' EDGECLIFF RD N - } 1 _ - - .;o UJ 0 1,250 2,500 5,000 Ftp `x 3 � -gym . :rn Vic} u i i > W 3 wd ° r z O ;o Council District 9 j E SPURGEON ST .. dej s M I ' W E Project No. 00488 0 125 250 }500 >E- i Ft DETAIL OF PROJECT LOCATION