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HomeMy WebLinkAboutContract 48433 CITY SECRETARY' CONTRACT SIO. 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: City Project No. 2447, Forest Park—Zoo Drainage Improvements. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $319,845 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 Page 1 of 16 OFFICIAL RECORD CITY SECRETARY 77. 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/2412014 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements 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 City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 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; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth,Texas City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 Page 13 of 16 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. 1. Jurisdiction City of Fort Worth,Texas City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 Page 14 of 16 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. Form 1295 Certification No.: 2016 - 65038 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 day of//Ad , 2016. BY: BY: CITY OF FORT WORTH ENGINEER Dunaway A so ' tes, L.P. &Los'=� GvH -'�o/ usan Janis Tom Galbreath AssWant City Manager President l / Date: ISQ Date: ` b APPROVAL RECOMMENDED: BY: Ric rd Zavala Dir tor, Park and Recreation Department APPROVED AS TO FORM AND LEGALITY: BY: M&C No.: Z off 5 Uv2k M&C Date: [[b S 1/6 Douglas W. Black Assistant City Attorney ATTEST: 0000000, %0 o 0 S� 10 0 Wary J. Kr : City Secret ry °� OFFICIAL RECORD CITY SECRETARY," FT WORTH,TX City of Fort Worth,Texas City Project NO.2447 Standard Agreement for Engineering Related Design Services Forest Park—Zoo Drainage Improvements Revised Date:9/24/2014 Page 16 of 16 ATTACHMENT A DUNAWAY ye Dunaway No. P002691.001 September 7, 2016 Reference: Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas Dear Mr. Lyness: Dunaway Associates, L.P. (Dunaway) is pleased to submit this proposal for professional services on the above-referenced project. Based on the Request for Proposal (RFP) dated May 25, 2016 and updates from a meeting at the Parks and Recreation Department office on August 9th, 2016, we believe the following scope of services will meet your needs for this project. Project Understanding The City of Fort Worth has requested a proposal for the development of design, construction documents, and specifications for storm drainage improvements at Zoo Creek within Forest Park, an approximately 181- acre park in central Fort Worth. A retaining wall and weir structure will be designed to manage storm water runoff within Zoo Creek and utilize a portion of Forest Park as a detention basin for large storm events. Existing park amenities, including South Forest Drive, will be given recommendations for improvements to withstand flooding conditions. Recommendations for other existing site features such as power poles, landscaping, etc. will be included. DETAILED SCOPE OF WORK CIVIL ENGINEERING 1. Design Management— Dunaway will manage the work outlined in this scope to ensure efficient and effective use of the team and the Client's time and resources. Dunaway will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the Client's Project Manager and others as necessary to make progress on the work. Dunaway will attend a pre-design kickoff/chartering meeting with Client staff to confirm and clarify scope, understand the Client's objectives, and ensure economical and functional designs that meet the Client's requirements. Dunaway will conduct review meetings with the Client at the end of each design phase. Dunaway will prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the Client. Dunaway will prepare and submit monthly progress reports in the format provided by the Park and Recreation Department. Dunaway will prepare and submit baseline Project Schedule initially and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance. Corporate: 550 Bailey Avenue,Suite 400 _ Fort Worth,Texas 76107 Tel:817.335.1 121 :—,' Fax:817.335.7437 dunawayassociates.com Fort Worth 4 Austin Midland ;�- Prosper Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 2 2. Proiect Meetings— Dunaway will attend one (1) site visit/onsite project design coordination meeting. Other meetings may be held at key milestones of project development (50% and final design submittals.) Dunaway may participate with the Client in Public and Private Presentation meetings at 50% and final design submittals (or as determined.) Dunaway will attend project coordination meetings with Client and/or other agencies, including City of Fort Worth staff, Texas Commission on Environmental Quality (TCEQ), and others that may be required, during the course of the project to discuss project specifics, criteria, etc. 3. Preliminary Desiqn (50%) — Based on the direction from the onsite project design coordination meeting, Dunaway will prepare preliminary design documents to illustrate the design intent of the major site elements; including the retaining wall, weir structure, improvements to the existing park pavilion, re-alignment of southern entrance to Fort Worth Zoo, connectivity to the southern portion of the Fort Worth Zoo, South Forest Drive pavement which may include improvements to crossing of existing Zoo Creek, and the horizontal alignment for a proposed storm drain line to begin at either Sandage Avenue or McPherson Avenue with the intent to outfall to the north and to serve as a future storm drain connection. Dunaway will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements. Dunaway will also identify and seek to obtain data for existing conditions that may impact the project. Dunaway will utilize concepts and criteria contained in the current City of Fort Worth — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. The Preliminary Design drawings will be prepared to a 50% level of completion which will include project control, preliminary roadway pavement improvements and site grading, vertical and horizontal layout of proposed retaining wall, preliminary plan and profile storm water improvements, and vertical and/or horizontal renderings to the existing pavilion, if needed. Dunaway will provide an Opinion of Probable Construction Cost (OPCC) at the Preliminary Design submittal. 4. Final Design Construction Documents(90%and 100%)—Based on approval of the preliminary design documents, Dunaway will prepare final design construction documents. The final draft construction plans and specifications will be the "final draft" design for the retaining wall plan and profile, roadway pavement improvements and site grading, including improvements to Forest Park Drive and Fort Worth Zoo roadway, final storm water improvements, including plan and profile of storm drain line at either Sandage Avenue or McPherson Avenue (as stated in No. 3), and final design improvements to the existing pavilion, if needed. Dunaway will provide an Opinion of Probable Construction Cost(OPCC)at the Final Design submittal. Below is a description of the additional regulatory requirements and submittals anticipated to be included in the construction documents for each phase of the project: a. Dunaway will submit the final construction documents to the Texas Department of Licensing and Regulation (TDLR, via independent reviewer) for the State required accessibility review. Any administrative or filing fee costs associated with the review will be the responsibility of the Client and will be payable as a Reimbursable Expense. These plans will be submitted to the Client for review and approval. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth — Austin - Midland Prosper www.dunawoyassociofes.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 3 b. Storm Water Management Plan(SWMP)and Grading Permit—The City of Fort Worth requires an Integrated Storm Water Management (iSWM) Plan and Grading Permit for all properties disturbing more than 1.0 acre. As part of the grading permit process, iSWM plans will be required to identify how runoff will be handled during construction of the proposed paving improvements. Dunaway will prepare a SWMP suitable for submittal and review by the City of Fort Worth. This plan is anticipated to show proposed and existing conditions, provide a cursory illustration of the existing drainage patterns, and identify potential differences in the amount of runoff generated from the site. Once the SWMP is submitted, Dunaway will respond to the City's comments. The effort included in the Basic Services portion of this Scope of Services includes submittal of the SWMP to the City, receipt and review of the City's review comments, changes required to address the City's review comments, and re-submittal of the SWMP. Effort required to address additional review comments following submittal of the revised SWMP data shall be considered special services. If the comments require additional analysis outside the property boundary, they will be addressed as an ADDITIONAL HOURLY SERVICE. Dunaway will assist the Owner in preparing the iSWM Construction Plan necessary to obtain the grading permit. C. Storm Water Pollution Prevention Plan (SWPPP)— Dunaway will prepare a SWPPP template specific for this project for use by the Client's contractor. This template will be prepared in accordance with Texas Commission on Environmental Quality (TCEQ) regulations for the Texas Pollutant Discharge Elimination System (TPDES). It should be noted that it will be the Client's contractor that will be responsible for completing the information required by the template and for performing the required inspections and maintenance reports. Dunaway will assist the Client in completing the required Notice-of-Intent (NOI) that will need to be filed by both the Client and the contractor. From comments and coordination received from the Client's review of the 90% draft of construction documents, the 100% final construction documents will be generated. The documents (plans and specifications) will then be prepared for advertisement and bidding. 5. Bidding and Construction Phase Services— Dunaway will provide limited bidding services including answering bidders' questions, provide clarification to bidders, and preparation of necessary addenda and will assist in the tabulation or analysis of bids as requested. Dunaway will provide the following services for the project as requested by the Client. Please note these services do not provide a full-time resident project representative: a. Provide site observation visits appropriate to the stage and completeness of the contractor's work in progress. Site observation visits shall be provided for the purpose of ascertaining for the Client that the work is in general conformance with the contract documents. i. Dunaway will have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Dunaway have any authority or responsibility to stop or direct the work of any contractor. ii. Dunaway neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform work in accordance with the contract documents. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth — Austin Midland Prosper www.dunawayassociates.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 4 b. Attend coordination meetings with contractors, inspection personnel, and Client representatives to discuss strategy, problems, progress, and/or any required coordination. The Contractor will prepare a summary of these meetings and distribute them to both the Client and Dunaway. C. Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents. d. Provide written responses to requests for information or clarifications. e. Assist the Client in conducting substantial completion and final completion observations. f. Review of Contractor furnished As-Built Drawings. g. When complete, recommend final acceptance of work. HYRDOLOGIC AND HYDRAULIC ENGINEERING 6. Hydrologic Modeling — Dunaway will perform a hydrologic watershed analysis per the City of Fort Worth standards and the TCEQ Dam Safety Program Guidelines. The analysis of the existing and fully developed hydrologic conditions for the watershed will be performed in order to quantify the hydrologic impact of the proposed detention pond on post-project (proposed conditions) peak storm water discharge leaving the project site. a. Ultimate Watershed Development — Dunaway will utilize existing hydrologic models for Zoo Creek to determine discharges for ultimate watershed development and probable maximum flooding conditions. i. Determine the watershed parameters for ultimate development conditions. ii. Modify the hydrologic model to reflect ultimate watershed development conditions and compute the corresponding peak discharges at various design points along Zoo Creek. b. Probably Maximum Flood Condition — Dunaway will conduct a probably maximum flood condition analysis for the watershed. i. Determine the parameters associated with the probably maximum flood (PMF) conditions per the TCEQ guidelines. ii. Modify the hydrologic model to reflect PMF conditions required to satisfy TCEQ dam safety design requirements and compute the corresponding peak discharges at various design points along Zoo Creek. 7. Hydraulic Modeling—Dunaway will prepare a hydraulic outfall design for the proposed detention pond in accordance with TCEQ Dam Safety Guidelines, 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). Tasks associated with the floodplain analysis include: a. Update Hydraulic Model - Dunaway will utilize the latest approved by City of Fort Worth version of the Zoo Creek hydraulic model as the basis for the hydraulic study. The hydraulic model will be updated using the topographic survey of the project site to update the cross sections in the effective Zoo Creek hydraulic model, and if necessary add new cross sections, to ensure the model has adequate cross sections within the limits of the project to accurate reflect the existing (pre-project) site conditions. This corrected effective hydraulic model will be used to compute the changes in floodplain elevations and limits as a result of the changes to the Zoo Creek geometry. G:1Production500\002600t2691\001\Proposalt2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth Austin Midland = Prosper www.dunawayassociotes.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 5 b. Proposed Conditions Hydraulic Model — Dunaway will modify the corrected effective Zoo Creek hydraulic model to design the proposed detention pond outfall. C. Dam Breach Analysis — Dunaway will perform a dam breach analysis per the requirements outlined in the TCEQ Dam Safety Program Guidelines. i. Develop an unsteady HEC-RAS hydraulic model of Zoo Creek. ii. Using the unsteady HEC-RAS hydraulic model, three dam breach scenarios (sunny- day breach, barely overtopping breach, and design flood breach)will be evaluated and three downstream inundation map will be generated. iii. A two-dimensional dynamic hydraulic model will also be developed using InfoWorks ICM to illustrate the inundation impact from the most conservative dam breach scenario. Assumptions and Deliverables • Three breach scenarios will be evaluated. • Three dam breach inundation maps. 8. Dam Safety Program Development— Dunaway will prepare a Dam Safety Program for the proposed detention pond per the TCEQ requirements. The dam safety program will include an Operation and Maintenance Plan and an Emergency Action Plan. a. Operation and Maintenance Plan - Dunaway will develop an operation and maintenance plan that will include the following items: i. Inspection Guidelines - Dunaway will prepare an inspection program for future identification of potential problems and for safe maintenance of the dam. The program will include three (3) types of inspections: • Periodic technical inspections; • Periodic maintenance inspections; • Informal observations of project personnel as they operate the dam. ii. Instrumentation and Monitorinq Guidelines—Dunaway will include instrumentation that furnishes data in the design of the dam structure for determining if the dam structure is functioning as intended and continuing surveillance to warn of any unsafe developments. iii. Maintenance Guidelines - Dunaway will develop a maintenance program that will protect the dam against deterioration and prolong its life. b. Emergency Action Plan Guidelines—Dunaway will prepare an emergency action plan that will provide a systematic means to: i. Identify potential problems that could threaten a dam. ii. Determine who would be at risk should a failure occur. iii. Expedite effective response actions to prevent failure. iv. Develop a notification plan for evacuating people to reduce loss of life and property damage should failure occur. Assumptions and Deliverables • There will be one (1) set of review comments from the City that will be addressed prior to preparing the final Dam Safety Program package. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth 4 Austin Midland Prosper www.dunawayassociates.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016 / Page 6 • There will be one (1) set of review comments from TCEQ prior to finalizing the Dam Safety Program Package. • Two(2) hard copies of the draft Dam Safety Program submittal package—one (1) copy for Parks Department and one (1) copy for the City Engineering for review. • One (1) hard copy of the Dam Safety Program submittal package to TCEQ for review. 9. Floodplain Development Permit & TCEQ — Dunaway will prepare a Floodplain & Floodway Development Permit(FDP)Application to be submitted to the City of Fort Worth and make a submittal to TCEQ Dam Safety Program. The FDP application requires general information regarding the proposed construction, as well as specific information with respect to the anticipated impact on the floodplain. The TCEQ submittal will include all the items in the FDP application, and additionally results of the dam breach analysis, operation and maintenance plan, and emergency action plan will also be included. Items to be submitted with the application include: a. Application Form — Dunaway will prepare the City of Fort Worth Floodplain Development Permit Application form. b. Hydrologic and Hydraulic Data — Dunaway will assemble the necessary hydrologic and hydraulic data developed for the study. C. Construction Plans — A copy of the final proposed construction plans for the detention structures will be included in the floodplain development permit application submittal. Included in the construction plans to be submitted with the application will be: i. Grading Plan —A grading plan for the Project site will be developed showing the how the site is to be grading, including the general direction of storm water flow. ii. Detention Structures — Construction drawings of the proposed detention facility, including embankment and outlet control structures, will be developed. Assumptions and Deliverables • There will be one (1) set of review comments from the City and TCEQ that will be addressed. • Two (2) hard copies of the draft submittal package for the City and TCEQ for review. LANDSCAPE ARCHITECTURE 10. Landscape Architecture— Planting Desiqn— Dunaway will produce detailed planting plans based on the approved preliminary design, taking into consideration any comments from the Client. Dunaway will produce planting plans at an appropriate scale indicating plant location, species, quantity, size, etc. The plans will be produced under the supervision of a licensed Landscape Architect and will be suitable for submittal to the appropriate municipal agency and for bidding. STRUCTURAL ENGINEERING 11. Construction Documents — Dunaway will prepare construction documents for the private developments required for this project. These construction documents will be signed and sealed by a Registered Professional Engineer licensed in the State of Texas and will be processed with the City of Fort Worth for approval and construction. We will provide the design and detailing for a 25' tall by 500' long cast-in-place concrete flood wall. The wall design will include details for the weir and access drive to the Zoo. The design will be in accordance with TCEQ and Army Corps of Engineers design criteria. We will also provide structural design drawings for any required renovations to the existing pavilion. Any changes to the plan after notice to proceed shall be considered additional services. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth Austin - Midland Prosper www.dunawayassociates.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 7 12. Construction Administration — Dunaway will provide construction administration services as necessary: a. Review and respond on the Client's behalf for shop drawing submittals related to elements of the design for which Dunaway is responsible. b. Review and respond to written Requests for Information from the Client's contractor regarding elements of the design for which.Dunaway is responsible. C. Make occasional site visits during construction for a cursory review of progress of construction. Please note that Dunaway does not provide construction inspection services. We recommend that the Client retain a third party construction management services firm to provide inspection of private site improvements. d. Provide a letter of acceptance to the City of Fort Worth to obtain a certificate of occupancy, provided we receive a copy of all material testing reports, Special Inspection reports, and have performed site visits during the construction of critical stages of construction in accordance with the basic construction administration services. ENVIRONMENTAL 13. 404 Waters of the U.S. Determination — Dunaway will perform a field visit to identify not only the current Waters of the U.S. but also classify them as to their existing function. This determination of their function and values is an important component of the permitting process for projects of this size and in determining future permitting strategies. This determination is necessary for the U.S. Army Corps of Engineers (USACE) to verify the adequacy of any delineations and any required mitigation. Using available literature, the soil survey, and USGS topographic maps, Dunaway will provide a description of the functions and values and limits of the Waters of the U.S. for the subject property. As part of the functions/values determination, Dunaway will provide the Client with the appropriate wetland delineation forms, map of jurisdictional waters overlain on the site plan, and any evaluation of the waters of the U.S.within the proposed project site.The wetland forms will include the vegetation characteristics of the jurisdictional waters, soil profiles, and hydrologic information per the 1987 Corps of Engineers Wetland Delineation Manual and regional supplement. Dunaway will use a Global Positioning System (GPS) to map jurisdictional waters of the U.S. Data collected in the field will be downloaded to existing ArcGIS files to overlay on the existing topographic maps for the project. Exhibits indicating all jurisdictional waters of the U.S. will be prepared for inclusion in the wetland survey report. Natural Resources Assessment Report — Dunaway will prepare a Natural Resources Assessment Report describing the limits and types of waters of the U.S. found within the project site. The report will contain descriptions of waters of the U.S., site maps with waters shown, and permitting options. At this time, it is assumed that project design will not impact any waters of the U.S. Therefore, this scope does not contain any Section 404 permitting assistance. If the project does impact waters of the U.S., section 404 permitting will be required. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth — Austin Midland Prosper www.dunawoyassociates.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 8 LAND SURVEYING 14. Topographic Survey— Dunaway will sub-consult with a Survey firm to provide a topographic survey of Forest Park, surrounded by Park Hill Drive, Sandage Avenue, McPherson Avenue and McCart Avenue, all existing site features, including Zoo Creek and the existing park pavilion, and necessary site features within the Fort Worth Zoo. Please refer to the attached Exhibit A. One-foot interval contours will be developed based on the results of the measurements taken. Existing visible utility facilities will be located and depicted on the face of the survey along with other visible improvements situated within the defined area. The horizontal control are based will be Texas State Plane Coordinate System, NAD-83(2011), North Central Zone (4202). The vertical control on which the elevations are based will be on City of Fort Worth vertical datum. As owner of the property, the Client authorizes the surveyor to enter the property to conduct the survey. SUBSURFACE UTILITY ENGINEERING 15. Subsurface Utility Engineering (SUE)—Dunaway will sub-consult with a SUE firm to Quality Level"A" and"B". Utilities to be designated include gas,telecommunications, electric, storm,water and sanitary sewer. Aerial utilities are not included in this scope. Designating will be performed within the limits as indicated in Exhibit A. Five (5) QL "A" test holes will be included. Test hole locations will be determined by Dunaway and sub-consultant once the QL "B" SUE deliverable has been reviewed. All designating marks and test holes will be surveyed. ARCHITECTURAL DESIGN 16. Architectural Design — Dunaway will sub-consult with an Architectural firm for the design of the retaining wall design and improvements to the existing park pavilion. The architectural design shall include conceptual design, preliminary design, final draft and final construction documents and specifications, bidding, construction administration and close out procedures. The sub-consultant will attend all on-site and milestone meetings, and any additional Public and Private meetings. GEOTECHNICAL ENGINEERING 17. Geotechnical Design — Dunaway will sub-consult with a Geotechnical Engineering to explore the subsurface conditions by sampling soil borings and to develop design recommendations for the geotechnical aspects of the project.The Geotechnical scope will include field investigation, site drilling and sampling of four(4) borings. The borings will be advanced fifteen (15)feet into bedrock. Two (2) borings will be located in the middle of the proposed wall location and two (3) borings on the east and west ends of the wall. The results of the field and laboratory data will be evaluated to develop geotechnical recommendations. Only those services specifically mentioned in the Scope of Work section are offered as part of this proposal. G:\Production500\002600\2691\001\Proposal\2691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth Austin Midland Prosper www.dunawayassociafes.com Proposal for Professional Services Forest Park—Zoo Creek Drainage Improvements in Fort Worth, Texas September 7, 2016/ Page 9 ADDITIONAL SERVICES (not included in proposal) The following is a list of some, but not necessarily all, of the services that can be useful or required for a project of this type. The listed services have not been included in this proposal. Dunaway can provide or sub- consult many of these services if desired by the Client. If the Client determines any of these services is desired, Dunaway can either amend this proposal to incorporate the desired service or services or recommend other actions to cover the needs as expressed. 1. Phase 1 and Phase 2 Environmental Site Assessments. 2. Wetlands delineations and Section 404 permitting through the US Army Corps of Engineers. 3. Electrical site lighting design. 4. Design of franchise utilities (gas, electric, telephone and cable TV)will be conducted by the franchise utility companies. Usually, each franchise utility company will provide its own design. If desired, Dunaway will show the conduit for each of these on our drawings provided that the size, number and material for each conduit is provided to Dunaway by the utility company. 5. Redesign efforts related to site plan or building footprint changes after significant design efforts have begun or redesign efforts to meet construction budgets are not included. 6. Construction Staking — This service can be provided, if requested, and will be authorized under a separate proposal or included in this one at the Client's option. 7. Surveying services such as boundary surveys and as-built surveys and easements by separate instrument are not included unless specifically mentioned in the scope of work. 8. Design of off-site public utility extensions is not included unless specifically listed in the proposed scope of work. 9. Design of off-site paving improvements is not included unless specifically listed in the proposed scope of work. 10. Construction inspection services are not included. Dunaway does not provide construction inspection services. Normally, we recommend that the Client retain a geotechnical engineering consultant to provide construction inspection services for private improvements. 11. Building Envelope design including, but not limited to metal studs,window mullion systems, and other special proprietary product systems. 12. Miscellaneous steel, including, but not limited to, guardrails, handrails, metal pan stairs and barriers. G:\Production500\002600\2691\001\ProposaIQ691-02 Forest Park Zoo Creek Drainage Improvements.docx Fort Worth Austin 4. Midland Prosper www.dunawayassociates.com ATTACHMENT B COMPENSATION Design Services for Forest Park—Zoo Drainage Improvements City Project No. 2447 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $319,845 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 Ill. 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 Park and Recreation 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, L.P. Data Collection, H&H Modeling, $215,500 67.4 Paving and Grading, Storm Drain, Retaining Wall Design, Cost Estimate, Project Schedule, Landscape Architecture, Environmental Proposed MBE/SBE Sub-Consultants SanRoc Group Architectural Design $27,650 8.6 Gordona Survey $28,575 8.9 The Rios Group SUE $13,400 4.2 Non-MBE/SBE Consultants Fugro Geotechnical $34,720 10.9 TOTAL $319,845 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE % City Project No. 2447 $319,845 $69,625 21.8% Forest Park—Zoo Drainage Improvements City MBE/SBE Goal = 18.0% Consultant Committed Goal = 21.8 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Forest Park—Zoo Drainage Improvements City Project No. 2447 <List any changes to the Standard Agreement> City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page l of l Consulting Contract Schedule Specifications FORT WORTH City of Fort Worth Capital Improvement Program Attachment D—Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. 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 INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(I). 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 a� i e a 5 C C 3 3 1 t n� S s� a 3 3 L L■ o �g 3 E F F � e nn v.n.9 't7r n rr£A m n 'A kl nn v - r+ n n n nv, e3 u n Ji u u u - u - .. -u u u iz'zS o R = YG f s 3££ G o ; s9 .. .. s�s..sss$a a.eoommm"�£ � aa� € I3 3 9 3 S E 8 £F6 3 2 e a s E 8 2 a o 3 z s 3 z z g S g a € 3 r 6 >f r s t z g SSSS �88i8 xt:S888 838865 ��� g aiehl i LEGEND of PROPERTY BOUNDARY PARMILL DR. B — �. ' •�- - — � -,` CENTER LINE OF ZOO CREEK PROPOSED RETAINING WALL PROPOSED 3 i RETAINING WALL E \ 2 EXISTING PARK PAVILION LU N Q cx LL, 7 Y c { w Z a 1 3 a EXIS77NG BRIDGE v EXlS77NG PARK PAWLION y� N 1 0 w Fs 0 0 GRAPHIC SCALE -Of \ ��n 200 0 100 200 400 N O Y O O C IN FEET) 1 inch= 200 ft. L I J - € U. M ME SON A ti E DUNAWAY FOREST PARK - ZOO DRAINAGE IMPROVEMENTS LL 550 Bailey Avenue•Suite 400•Fort Worth,Texas 76107 Tel:817.335.1121 EXHIBIT A o (TX REG.F-1114) Fw F O City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/1512016 DATE: Tuesday, November 15, 2016 REFERENCE NO.: **C-27993 LOG NAME: 80FOREST PARK - ZOO CREEK DRAINAGE - ENGINEERING AGREEMENT SUBJECT: Authorize Execution of an Engineering Agreement with Dunaway Associates, L.P., in the Amount of $319,872.00 for the Development of Zoo Creek Drainage Improvements to Provide Flood Mitigation in the Zoo and Facilitate Future Flood Mitigation for the Berry/McCart Area Businesses and Residents, North To the Fort Worth Zoo Within Forest Park, Provide for Staff and Design Contingency Costs in the Amount of $10,000.00 for a Total Design Phase Cost of$329,872.00 and Authorize the Reimbursement of$40,125.00 to the Fort Worth Zoological Association for Initial Engineering Analysis (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an Engineering Agreement with Dunaway Associates, L.P., in the amount of $319,872.00 for the development of Zoo Creek Drainage Improvements to provide flood mitigation in the zoo and facilitate future flood mitigation for the Berry/McCart area businesses and residents, north to the Fort Worth Zoo within Forest Park; and 2. Authorize the reimbursement of$40,125.00 to the Fort Worth Zoological Association for initial engineering analysis. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the award and execution of an Engineering Agreement with Dunaway Associates, L.P. (Dunaway), in the amount of$319,872.00, to develop construction documents necessary for drainage improvements in and around the southern portion of Zoo Creek within Forest Park at approximately Park Hill Drive. Drainage improvements will create a detention area in the park that will provide immediate flood mitigation benefits in the zoo and facilitate future upstream storm drain improvements. Staff agrees that the fee of$319,872.00 is a fair and reasonable amount for the services provided. This M&C also authorizes the reimbursement of$40,125.00 to the Fort Worth Zoological Association for initial hydraulic engineering and analysis, drainage modeling and design solution concept development completed by Dunaway Associates as part of the Zoo Creek drainage and erosion control project. These investigative processes were necessary to systematically determine the retention wall as the most effective drainage solution. Proposition 2 of the 2014 Bond Program, Parks, Recreation and Community Center Improvements, included a planned allocation of funds to finance the design and construction of drainage and erosion control improvements at certain City parks with $2,000,000.00 identified for Fort Worth Zoo Creek Drainage Improvements. The project designed via this Engineering Agreement also represents the first phase of a longer-term/multi-phase drainage improvement concept for progressively providing significant flood mitigation in the Berry/McCart/Zoo area. Stormwater Utility Capital Pay-Go Funds will contribute to Logname: 80FOREST PARK- ZOO CREEK DRAINAGE - ENGINEERING AGREEMENT Page 1 of 3 the construction of Phase 1. Future phases would be executed as priorities, partnerships and funding availability allows, with City funding coming through the Stormwater Utility. Flooding in the zoo will be reduced after the construction of Phase 1. While future phases of this project will reduce the flood mitigation benefits of Phase 1 to the zoo, the level of flood protection will still be higher than it is today. This project is included in the 2014 Bond Program. Available resources within the General Fund will be 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) and the ordinance authorizing debt approved in 2016 (Ordinance No. 22216-05-2016). M/WBE OFFICE- Dunaway Associates is in compliance with the City's Business Diversity Ordinance by committing to 22 percent SBE participation. The City's SBE goal for the project is 18 percent. The contract is anticipated to commence in November 2016 and with an estimated issue of construction documents in May 2017. The design schedule is approximately 150 calendar days. Forest Park is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the 2014 Bond Program and that, prior to expenditures being made, the participating department has the responsibility to validate the availability of funds. Fort Worth Zoo Creek Drainage Existing Future project Total Improvements (CO2447) Appropriations Appropriations 2014 Bond Program (34014) $2,000,000.00 —$0.00 $2,000,000.00 PACS Gas Lease Capital Project Fs 120,000.00 $0.00 I$ 120,000.00 Legacy Fund (39302) Water Capital Fund (5-9601) l $ 198,779.00 $0.00 $ 198,779.00 Sewer Capital Fund (59607) $ 298,168.00 $0.00 J$298,168.00 Totals $2,616,947.00 $0.00 $2,616,947.00 FUND IDENTIFIERS (FIDs): TO FundDepartment ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 CERTIFICATIONS: Logname: 80FOREST PARK- ZOO CREEK DRAINAGE -ENGINEERING AGREEMENT Page 2 of 3 Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. CO2447 - Zoo Drainage - MandC - FID Attachment- 10142016.xlsx (CFW Internal) 2. CO2447 - Zoo Drainage - MandC - Form 1295 - 06022016.pdf (Public) 3. CO2447 - Zoo Drainage - MandC - Location Map - 09132016.pdf (Public) 4. CO2447 -Zoo Drainage - MandC - SBE - Compliance Memo - 09272016.pdf (CFW Internal) Logname: 80FOREST PARK-ZOO CREEK DRAINAGE -ENGINEERING AGREEMENT Page 3 of 3 C - 27993C CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-65038 Dunaway Associates, LP Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 06/02/2016 being filed. City of Fort Worth Date Acknowledged: I Iv IN 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract, 2447 Forest Park-Zoo Drainage Improvements 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Galbreath,Tom Fort Worth,TX United States X Wilde, Chris Fort Worth,TX United States X Williamson, Jason Fort Worth,TX United States X Eubanks, Ross Austin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under pe Ity of p that the above di closure is true and correct. r Sigi lure of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE n• -! Sworn to and subscribed before me,by the said JiU J�•I �Q Tw--� this the .2KQl day of 20_ to certify which,witness my hand and seal of office. t2 ✓ f ignature of o fic r administe ing oath Pr nted name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021