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Contract 47997
��iy'" /! � CITY SECRETARY `S orb CONTRACT NO. "1 / o, -�*C CITY OF FORT WORTH, TEXAS 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: Randol Mill Road Improvements (Interstate 820 to Precinct Line Rd) City Project 100278. 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 hourly amount not-to-exceed $293,763.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 1 of 16 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible Mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 3 of 16 ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 5 of 16 facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:19/24/2014 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Fngineering Related Design Services Revised Date:9/24/2014 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension,Delay,or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904,the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2,V2014 Page 14 of 16 The law of the State of Texas shall govem 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 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; C.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 14 of 16 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F.,VI.B., VI.D., VI.F., VI.H.,and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance,or regulation,whether it be by itself or its employees. Article VII Attachments,Schedules,and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A-Scope of Services Attachment B—Compensation Attachment C-Amendments to Standard Agreement for Engineering Services Attachment D-Project Schedule Attachment E-Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Executed and effective this the Wday ofC74,2016. BY: BY: CITY OF FORT WORTH ENGINEER Dunaway Associates L.P. Jay Chappa Tom Galbreath,A.S.L.A. Assistant City Manager President Date_ 7 —15—A. Date: (/.3a//A I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 16 Executed and effective this the /q7�day oflif , 2016. BY: BY: CITY OF FORT WORTH ENGINEER Dunaway Associates L.P. Jay Chappa Tom Galbreath, A.S.L.A. Assistant City Manager President Date: ,5�^! 4° Date: 613P P Ilk APPROVAL RECOMMENDED: By: Lx' (,J. Dougl W. Wiersig, P.E. Director, Transporation/Pu lic Works Department APPROVED AS TO FORM AND M&C No.: e--Z !-&4 LEGALITY M&C Date: S ` 73 l 6 By: ouglas W. Black 1Zgc ?a I6 -Zq�oo Assistant City Attorney ATT �Pa�,J. Kayser City ecretary FjtA' City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 CITY SECRETARY Page 16 of 16 FT. WORTH,TX 6/30/2016 M&C Review Offidal site of the cty of Fort Worth,Teams CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 6/28/2016 - Ordinance No. 22304-06-2016 DATE: 6/28/2016 REFERENCE **C-27806 LOG NAME: 20RANDOL MILL ROAD- NO.: 100278 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT. Authorize Execution of an Engineering Services Agreement with Dunaway Associates, L.P., in the Amount of$293,763.00 for the Design of Randol Mill Road from Stoneview Circle to East of Precinct Line Road Including Construction Management Services, Provide for Staff Costs and Contingencies for a Total Design Phase Amount of$338,763.00 and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Fiscal Year 2016 Budget of the 2014 Bond Program Fund in the Randol Mill Road from Stoneview Circle to east of Precinct Line Road project in the amount of$2,800,000.00 from the available authorization under Proposition1 (CPN 100278); and 2. Authorize the execution of an Engineering Services Agreement with Dunaway Associates, L.P., in the amount of$293,763.00 for the design of Randol Mill Road from Stoneview Circle to east of Precinct Line Road including construction management services. DISCUSSION: The 2014 Bond Program provides funding for improvements to Randol Mill Road from Precinct Line Road to Stoneview Circle, including intersection capacity and safety improvements, rehabilitation of existing roadway and widening of shoulders. This Agreement will provide for Professional Engineering Services associated with the project design to construct a roundabout at Precinct Line Road, a left-turn lane near Temple Baptist Church/Private School and pavement improvements along portions of the project limits. On November 6, 2012, City Council approved Mayor and Council Communication (M&C) C-25949 authorizing execution of an Engineering Services Agreement with Dunaway Associates for concept level schematic design for ultimate expansion and realignment of Randol Mill Road, which also provided 60 percent plans for improvements to be delivered under the 2014 Bond Program. The Engineering Services Agreement recommended under this M&C will complete the construction plans associated with the 2014 Bond Program. Design work is anticipated to be completed in September 2016, with an anticipated construction bid date in November 2016. This Design Agreement of the Randol Mill Road Project is one component of the overall project that includes construction, project management, easement and right of way acquisition and contingencies. The overall project budget in the 2014 Bond Program is $2,800,000.00. Dunaway Associates, L.P., proposes to perform the design/construction services for a fee in the amount of$293,763.00. Staff considers this fee to be fair and reasonable for the scope of services to be performed. Funds are available in the 2014 Capital Improvement Program Funds for design and construction. In addition to the contract amount, $45,000.00 is required for project management and contingencies.- This project is included in the 2014 Bond Program. Available resources within the General Fund will be ftwi/am.dwrietorglcortcil_pecket/mc roview.asp?ID=22409&councildate=6rAM16 112 6/30/2016 M&C Review used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). M/WBE OFFICE: Dunaway Associates, L.P., is in compliance with the City's BDE Ordinance by committing to 10 percent SBE participation on this project. The City's SBE goal on this project is five percent. This project is located in COUNCIL DISTRICT 4, Mapsco 66K, 66L, 66M, 66P and 67J. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the 2014 Bond Program Fund. Description Appropriation to Pending Remaining Date Encumbrance/ Balance Expenditures to date Randol Mill $2,800,000.00 $293,763.00 $2,506,237.00 Road Project-Fund 34014 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID I I I Year Chartfield 2 1 340141 0200431 1 100278 1 2016 1 14010199 1 $2,800,000.0 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID Year Chartfield 2 34014 0200431 5330500 100278 CO2330 2016 14010199 $293,763.0 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Wilma Smith (8785) ATTACHMENTS 100278 Randol Mill Rd. Form 1295 05.17.16.pdf 20RANDOL MILL ROAD-100278 34014 A016(Rev6.09.16).docx RANDOL MILL MC.odf http://apps.cfwnet.org/council_packeUmc review.asp?ID=22409&counciidate=6/2812016 2/2 ATTACHMENT "A" Scope for Engineering Design Related Services for Randol Mill Rd Improvement Project 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 Provide remaining final design, bid phase services, construction phase services, Survey and ROW/Easement Services, and Permitting for the Randol Mill Rd Improvement Project, City Project No. 100278 and City Secretary No. WORK TO BE PERFORMED Task 1. Project Management Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. Design Survey and ROW/Easement Services Task 9. Permitting TASK 1. PROJECT MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. Anticipated project final design timeline is 3 months starting from 60% level moving forward. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate directly with City on all design aspects • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend one (1) pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand project objectives, and ensure that the overall design meets CITY requirements • Prepare a Communication Plan with CITY PM at beginning of project for future correspondence during the project • Conduct and document monthly project update meetings with CITY Project Manager City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 14 • Conduct Design Submittal review meetings with the CITY at the end of each design phase; 90% and 100% Design. • Prepare and submit baseline Microsoft Project Schedule, 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 the end of the project • Prepare invoices, in accordance with the Standard Agreement and submit monthly in the format requested by the CITY • 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. ASSUMPTIONS • Tier 3 Schedule will be required • Assumes 12 monthly project update meetings • Assumes 2 Design Submittal review meetings DELIVERABLES A. Meeting summaries with action items B. Baseline project schedule C. Monthly M/WBE Report Form and Final Summary Payment Report Form D. Monthly invoices 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: • Final draft construction plans (90%) including iSWM Construction Plan and specifications shall be submitted to CITY per the approved Project Schedule. • Collect and incorporate updated Traffic Count and Speed Data along Randol Mill Rd per locations desired by the City. • Final iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. • 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 sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. City of Fort Worth,Texas Attachment A Page 2 of 14 • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 2 sets of 2 size drawings and 2 specifications will be delivered for the 90% Design package. • 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 sets of 2 size drawings and 2 specifications will be delivered for the 100% Design package. • A DWF file for the 100 % Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • An estimated sheet category list is shown below based on scope anticipated: • Cover Sheet • Index of Sheets • General Notes • Project Control • ROW Parcel Map • Removal Plans • Existing Utility Plan • Drainage Area Map • Hydraulic Calculations • Storm Drain Plan and Profiles • Bar-Ditch Capacity Calculations • Bar-Ditch Grading Sheets • Storm Drain Details • Paving Alignment Data • Typical Sections — Existing and Proposed • Paving Plan and Profiles • Paving Cross Sections • Roundabout Layout Sheets (Randol Mill at Precinct Line Rd) • Paving Details • Traffic Signs and Pavement Markings • Traffic Control Plan and Details • Erosion Control Plan and Details DELIVERABLES A. 90% construction plans and specifications. B. Final iSWM Checklist. C. 100% construction plans and specifications. D. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. City of Fort Worth,Texas Attachment A Page 3 of 14 E. 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 • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and AM files. The .pdf will consist of one file of the entire plan set. The AM will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • 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 log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. 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. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials proposed by bidders. • 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. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. City of Fort Worth,Texas Attachment A Page 4 of 14 • 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 files 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: 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 II. 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 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 City of Fort Worth,Texas Attachment A Page 5 of 14 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. • 10 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • 3 sets of 3 size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents(conformed, if applicable) 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 weekly as construction proceeds to observe and report on progress. Anticipated construction phase to be 12 months, which totals up to 48 weekly site visit meetings. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in 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 drawings, samples and other submittals in Buzzsaw. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make City of Fort Worth,Texas Attachment A Page 6 of 14 recommendations as to the acceptability of the work. Coordinate with Contractor in field during weekly site visit meetings and provide necessary responses during project construction per the CITY. • 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 provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: • As-Built Survey • Red-Line Markups from the Contractor • Red-Line Markups from City Inspector • Copies of Approved Change Orders • Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • Record Drawings shall also 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 for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file 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: 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 City of Fort Worth,Texas Attachment A Page 7 of 14 II. 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. 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 48 site visits are assumed. • 8 submittal reviews are assumed. • 12 RFI's are assumed during construction based on weekly interaction with Contractor. • 2 Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information during construction C. Review of Change Orders D. Review of shop drawings E. Final Punch List items E. Record Drawings TASK 7. DESIGN SURVEY AND ROW/EASEMENT SERVICES 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. City of Fort Worth,Texas Attachment A Page 8 of 14 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. 7.3. 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. 7.4 Additional Design Survey Services • Design field survey for areas beyond original survey, and to be used to pick up newly constructed items in field within the project limits. • Additional on-call hourly survey field services to be used as-needed during design and construction phases. ASSUMPTIONS • Up to Four(4) Construction Easements • Up to Four(4) ROW Documents • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures • Assumes design survey will be refreshed in areas where new construction has taken place. • Assumes hourly on-call survey services to be used only as needed during the project design and construction as needed by the City. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms B. ROW Documents provided on City forms C. Temporary Right of Entry Letters D. Survey File in DWG format of newly surveyed areas City of Fort Worth,Texas Attachment A Page 9 of 14 TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1 CDC PERMITING Services as follows: 9.1.1 CDC PERMITTING - RECONNAISSANCE AND DATA COLLECTION • Preliminary Coordination — Engineer will coordinate with CITY at the beginning of the Project to confirm the objectives of the Project and to discuss the anticipated steps required to complete the project. • Site Visit — Engineer will perform one (1) visit to the Project site to observe the existing conditions and to obtain a photographic record of the conditions at the site at the time of the visit. • Pre-Project Coordination with the City — Engineer will coordinate with City of Fort Worth staff to discuss key issues related to the Project. We will present preliminary information concerning this project to City staff members, in a manner that is sensitive to the Client's desires for confidentiality, to identify any unusual issues or steps required to achieve a timely review and approval of the Project. Although timely review and approval from City staff can depend on many factors, not the least of which is individual effort on the part of key City staff members to process the application, we will act as the Client's representative and keep a sense of urgency at the forefront of our dealings with City staff. • Effective Hydraulic Model — Engineer request from the City of Fort Worth and/or the US Army Corps of Engineers (Corps) a copy of the current effective hydraulic model and cross section work map for the Trinity River at the project site. The effective model will be the basis for the floodplain analysis required as part of the City's floodplain development permitting process, which includes hydraulic modeling to show compliance with City requirements, as well as with the Corridor Development Certificate (CDC) and Federal Emergency Management Agency (FEMA) requirements. 9.1.2 CDC PERMITTING - FLOODPLAIN ANALYSIS Engineer will perform a floodplain analysis in accordance with City of Fort Worth standards and the minimum requirements of the National Flood Insurance Program (NFIP) as administered by the Federal Emergency Management Agency (FEMA). This floodplain analysis will be used as a basis to submit a request to the City of Fort Worth for a floodplain development permit for construction within the floodplain area. As required by the floodplain development permit, the floodplain analysis will also be used to show compliance with the Corridor Development Certificate (CDC) for the Trinity River. The City will not allow construction to begin within areas designated as Special Flood Hazard Areas (SPFHA) until City of Fort Worth,Texas Attachment A Page 10 of 14 the floodplain development permit and CDC approved are obtained. Tasks associated with the floodplain analysis include: • Valley Storage — An analysis of the existing and proposed conditions for the project site will be performed in order to determine the storage volume needed to offset the fill that would be placed in the floodplain for the proposed improvements in order to satisfy the CDC's "no loss of valley storage" requirement. a. Geo-reference available drawings and exhibits, including Corps' Trinity River hydraulic work map and conceptual site layout. b. Determine the layout for additional cross sections needed. Cut and input the additional cross sections to the effective Corps model to generate a corrected effective model and compute the corresponding pre-project floodplain elevations and valley storage data. c. Update the corrected effective hydraulic model to reflect the proposed site grading plan and compute the corresponding floodplain elevations and valley storage data. d. Identify the valley storage volume required to offset the loss of storage by the proposed drill site grading. Coordinate with Client to identify the areas in the vicinity of the project site where excavation may be performed in order to obtain the required valley storage volume. e. Develop a conceptual grading plan for the proposed excavation areas and verify that the excavation would satisfy the CDC criteria for no loss of valley storage due to the project. f. Coordination Meeting — Engineer will attend one (1) coordination meeting upon completion of the valley storage analysis to review the findings with Client. • Floodplain Revision Following the coordination meeting with Client, and upon obtaining Client's concurrence on the configuration of the proposed excavation areas, Engineer will update the corrected effective model to reflect the final proposed grading plan for the project site, including the well site and valley storage areas. a. Revise the corrected effective hydraulic model to reflect the proposed grading (fill at pad site and excavation for valley storage) and compute the corresponding base flood elevations (BFEs). b. Using the BFEs, also known as the 100-year water surface elevations, delineate the proposed post-project floodplain limits. Assumptions • Up to three (3) storage area layout/grading configurations will be evaluated in order to determine a layout that will satisfy the CDC's requirement for no loss of valley storage resulting from development within the floodplain area. • Engineer will provide Client with the rough grading for the valley storage areas needed to satisfy the CDC requirements, and Client will incorporate the rough grading into the overall grading plan for the drill site. City of Fort Worth,Texas Attachment A Page 11 of 14 Deliverables • Engineer will submit to Client rough grading of areas to be excavated to provide the required valley storage. 9.1.3 CORRIDOR DEVELOPMENT CERTIFICATE (CDC) Engineer will prepare a submittal package to accompany a request to the Corps for Corridor Development Certificate (CDC) approval. Engineer will also attend one (1) meeting with the Corps to discuss the proposed project and its impact on the floodplain. It should be noted that there are typically long review times for the Corps to process CDC requests, and the total time required to complete the process can take approximately 6 months. • CDC Submittal Package— Items to be included in the CLOMR submittal include: a. Copy of the floodplain study data showing impacts of proposed project on the Trinity River floodplain, specifically on the BFEs and valley storage. b. Hydrologic and Hydraulic Data - Engineer will assemble the necessary hydrologic and hydraulic data developed for the project. i. Hydrologic Data — Since no change from the current effective data is anticipated, no new hydrologic data will be included in the CDC submittal. ii. Hydraulic Data — The hydraulic model developed for the floodplain analysis will be included in the CDC submittal. • City Review — Engineer will submit a draft copy of the CDC submittal package to the City of Fort Worth for review prior to submitting to the Corps for review and approval. • CDC Submittal and Follow-Up with the Corps — Engineer will coordinate with the Corps during the CDC review and respond to requests for clarification and/or additional information. Assumptions • There will be one(1) set of review comments from the City that will be addressed prior to preparing the final CDC submittal package. • Engineer will attend one (1) meeting with the City of Fort Worth to discuss the CDC submittal. • There will be one (1) request from the Corps for additional data during the CDC review/approval process. • Engineer will attend one(1)meeting with the Corps to discuss the CDC submittal. City of Fort Worth,Texas Attachment A Page 12 of 14 address any concerns before the NWP application is completed and submitted to USACE. b. The permit application will contain purpose and need for the project, delineation of waters of the U.S, appropriate site maps, approximate calculations of fill, assessment of impacts (both temporary and permanent), threatened and endangered species discussion, archeology assessment (database review previously conducted), documentation of floodplain development requirements, and other pertinent topics. Per recent guidance from the USACE (Stream Mitigation Method), this scope assumes the project will be able to use one of the approved mitigation banks within the service area of the project area. c. After submittal of the NWP permit application to the USACE, DALP will follow up with the USACE on a timely and ongoing basis to minimize time for review and facilitate any necessary revisions. Dunaway will also accompany USACE on a site visit of the project area if USACE requests d. NWP 42 authorizes the construction of recreational facilities in waters of the U.S. Impacts are limited to '/2-acre of non-tidal waters of the U.S., including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the district engineer. e. Dunaway will arrange, if necessary, one meeting after the NWP submittal with the USACE to discuss the project and any permitting concerns. Minutes of the meeting will be prepared and submitted to the Client within three (3) business days after the meeting. ASSUMPTIONS 1. NWP 42 allows for the loss of no greater than %2-acre of non-tidal waters of the U.S., including the loss of no more than 300 linear feet of stream bed. Applicants can apply for a waiver allowing for more than 300 linear feet of ephemeral or intermittent streams. It is assumed that development of the Randol Mill Improvements project will qualify under NWP 42 if a Section 404 permit is necessary. If impacts associated with Waters of the U.S. do not qualify for NWP 42, an Individual Permit will be required. Any required water rights permitting will need to be coordinated with the Texas Commission on Environmental Quality (not included in this scope). Additionally, if the archeological database review determines additional archeological investigations are required an amendment will be required for that task. 2. This task does not include costs associated with required mitigation for impacting Waters of the U.S. Those mitigation credits will need to be purchased from a mitigation bank prior to impacting Waters of the U.S. Dunaway will assist in coordinating with mitigation banks for the proper credit purchase. City of Fort Worth,Texas Attachment A Page 14 of 14 ATTACHMENT B COMPENSATION Design Services for Randol Mill Road Improvements City Project No. 100278 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2016 Rate 2017 Rate ($/hour) ($/hour) Principal 250 262 Department Director 210 220 Senior Technical Expert 180 190 Project Manager 150 158 Assistant Project Manager 125 130 Civil Designer 125 130 Civil Technician 90 95 Financial 110 115 Graduate Engineer 105 110 I ntern 73 76 Administrative 85 90 Information Systems 90 95 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports 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:8.092012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Dunaway Associates L.P. J Design Services $264,633.00 90.08 Proposed MBE/SBE Sub-Consultants Gorrondona Associates, Inc. Surveying Services $29,130.00 9.92 i Non-MBE/SBE Consultants TOTAL $293,763.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE 100278 $293,763.00 $29,130.00 9.92 City MBE/SBE Goal = 5% Consultant Committed Goal = 9.92 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date 8.09.2012 Page 4 of 4 B-4 / k \ ( ) � � f 8 & ) . .. . @ \ a � a \ > �2 $ k \ � E 2 ; 0 ° CL / } ) J 20 & � | ( ) ] \ CL 7 ƒ E _ E L) E \ % \ \ j � ■ \ \ ) o 0 * 4 ; 4) E -0 } } $ a § $ 2 4 ] _ ! \ e f $ § - k f / Z 0 / $ 22 0 L § - -_ ) & ° 8 E 3: 2 � f - : < 2> < s x \ - - Q7s> a § 2 $ & c) a r 2 - 0r ! \ /k 2 �i � d 0 it 0 # GGQ g § ) ) § . � 0 c = � CL � k � �CL o % § \ ` 0) m e r ■ % & > a E \ uj Q = � C \ ) 7 U / 2 � ® { k LU § ) r ( ) - ) } k ■ m � � k E z � 2 , � o k . z 2 2 2 2 2 JT ,ƒ 0 � § b ; oae 2 ° 22 # § k ) � § 0 2 � a M 3 U o > CL 't w3 � ! / § \ \ } � � ) ] § i uS � t ] k > EIL I ) � a. § 0 . k EE § c G � f{ - 0 ® » k> � 0k _\ � E � |ai 0 > / z ] { k � k Cb L & \� k U. /0 $ j \0\ z■ w k /I E 0! § k t§ ■ » § 2 - « §1, � ! a i¥�§ � k t� k kf - - A2§% B § \ \ � § k § � ) &L-0 ts} k � 0 a. . � k ® 3 E ik 2 } �k 2 � 2 §c k § - ! e a « c § q \ L Lq IL $ z ] % { 2 2CO m w 3 r �> © ƒ /a. o k 30 G & ■ \ k ) k 2 U) k © 22 � _ � � & { ■ v � 2 _ { a � � � .. ) ) E 50wo s ■ § § rte§ % a au ■ zua u upIL � w = ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Randol Mill Road Improvements City Project No. 100278 None; no changes were made to the Standard Agreement. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1