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HomeMy WebLinkAboutContract 36618CITY SECRETARY CONTRACT NO. QL9 AIL Summer Creek Drive - Risinger to McPherson CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING SERVICES This AGREEMENT is between the City of Fort Worth (the "CITY"), and Dunaway Associates, L.P. (the "ENGINEER"), for a PROJECT generally described as: Engineering Services for the design of Summer Creek Drive - Risinger to McPherson. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment B. 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 to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full, including interest. In thej,)event ,-t ENGINEERING CONTRACT (REV 4/14/05) Page 1 of 15 02-12-08 PO 2.54 IN Summer Creek Drive - Risinger to McPherson suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These 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 plastic film sheets, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it ENGINEERING CONTRACT (REV 4/14/05) Page 2 of 15 Summer Creek Drive — Risinger to McPherson desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER'S personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If, for any reason, the ENGINEER should make an on -site observation(s), on the basis of such on -site observations, if any, the ENGINEER shall endeavor to keep the CITY informed of any deviation from the Contract Documents coming to the actual notice of ENGINEER regarding the PROJECT. (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. % fl ENGINEERING CONTRACT (REV 4/14/05) age 15 9 Summer Creek Drive - Risinger to McPherson (2) In providing opinions ofinancial PROJECT,analyses) the ENGINEEReha bilno projections, and schedules for the 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, 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 information, and belief from selective sampling and ENGINEER's knowledge, 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 ascertain with the Contract Documents; that contractor that the completed the work in exact accordance final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the CITY has goals for the enterprises participation of minority business enterprises and woman business in CITY contracts. ENGINEER acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the ENGINEER may result in the termination of this agreement and debarment from ENGINEERING CONTRACT (REV 4/14/05) Page 4 of 15 Summer Creek Drive — Risinger to McPherson 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 three (3) 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 CIT1(ashalltlons have alcclegs tdur during this contract. ENGINEER agrees that normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in isions of otice thissection. intended audits. CITY shall give compliance with the prov ENGINEER reasonable advance n (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 three (3) 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 duringadworking equate to andours to appropriatel subconsultant facilities, and shall beprovided work space, in order to conduct audits in compliance with the provisions of this article together with subsection otice 3) her intended audits. CITY shall give subconsultant reasonable advance (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. {(. ENGINEER's Insurance (1) Insurance coverage and limits: ENGINEER shall provide to the CITY certificates) of insurance documenting policies of the folio nt of work on the PROJECT its that are to be in effect prior to commencem Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability ENGINEERING CONTRACT (REV 4/14I05) Page 5 of 15 Summer Creek Drive — Risinger to McPherson $11000,000 each. accident on a combined single limit or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned when said vehicle is used in the course of the PROJECT. Worker's Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident limit $500,000 disease - policy $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate Professional liability shall be written on a cl the contractorthe first date contain a retroactive date prior to the date of e Coverage shall of services to be performeder I , whichevthe comp let on of the contrabct e. maintained for a period of 5 years following p An annual certificate of insurance specificallyfrefe cin completion this e of the n be submitted to the CITY for each year g contract. all 2 Certificates of insurance evidencing that the ENGINEpER harior s obtained ENGINEER () required insurance shall be delivered to theC proceeding with the PROJECT. (a) Applicable policies shall be endorsed to me The term ITY the CITY an Additional Insured thereon, as its interests may appear. shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. (b) Certificate(s) of insurance shall document that insurance I cablecoverage applicable polices specified in this agreement are provided under documented thereon. (c) Any failure on documentation shall requirements. ENGINEERING CONTRACT (REV 4/14/05) Page 6 of 15 part of the CITY to request required insurance not constitute a waiver of the insurance ;A iUtJ' J' Summer Creek Drive. Risinger to McPherson (d) A minimum of forty-five (45) days notthece of CITY. tenll (110) days notice on or maLe, a change in coverage shall be provided tot of premium. Such terms shall be acceptable in the event of non-payment p shall be endorsed onto ENGINEER's insurance policies. of Noticeshall hall be sent to the respective Department Director (by name), y 1000 Throckmorton, Fort Worth, Texas 76102. (e) Insurers for all policies must be authorize th d to dothusin went A M ss in the State of Texas and have a minimum rating of A curD Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. (0 Deductible limits, or self insured retentions) affecting insurance required herein shall be acceptable to the its coveragecmaint�a andned in lieu of traditional insurance, any alternative roved. through insurance pools or riskorretention etters of groups maytalso be acbe also pceptable Dedicated financial resource to the CITY. (g) Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. (h) The CITY shall be entitled, upon its request and without including incurring expense, to review the ENGINEER Is insurance policies endorsements thereto and, at the CITY's discretion, the ENGINEER may be required to provide proof of insurance premium payments. (i) The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the CITY approves such exclusions. 0) For all lines of coverage underwritten on a claims -made basis, other than Professional Liability, the retroactive agreement. The The certif'catehall be eof nt with or prior to the date of the contractualgreement insurance shall state both the retroactive date and that the coverage is claims -made. (k) The CITY shall not be responsible ment and allor the cnsuaance requyment of ired ny insurance premiums required by this g in this section, with the exception of Professional Liability, shall be written on an occurrence basis. he ENGINEER shall be (1) Sub consultants and subcontractors the sametorr reasonably equivalent required by the ENGINEER to maintain insurance coverage as required for the coveralNEER. When ge, ENGINEER shall consultants/subcontractors maintain insurance ENGINEERING CONTRACT (REV 4/14/05) Page 7 of 15 Summer Creek Drive — Risinger to McPherson provide CITY with documentation thereof on a certificate of insurance. �. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CIT M. Disclosure The ENGINEER acknowledges to the or T MaLi I conflicts of i tlere tclincluding writing of any existing conflicts of interest p abutting the proposed personal financial interest, direct or indirect, in property g cities. The PROJECT and business relationships with abutting property g of any ENGINEER further acknowledges that it llthe will signing disclosure e in t i t and prior conflicts of interest that develop subsequent to final payment under the contract. N. Asbestos or Hazardous Substances or (1) If asbestos or hazardous own work substancts s in any rm are the affected portionds of suspected, the ENGINEER will stop i the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substancesare thepecte serv� servicese ENGINEER of a qualified will, if requested, assist the CITY m g 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 Agndards reement hich wasthexe u eld,E he ER should have been aware of at the time gBement ENGINEER shall revise plans and specificatiosr duered, at to thets own changes in the t and expense. However, if design changes are required permitting authorities' published design Agreementeand/or /wh which tice standards criteria he ENGINEER could which are published after the date of this not have been reasonably aware of, the ENGINEERb madel throlugh an amendment fy the CITY of such changes and an adjustment in compensation will to this AGREEMENT. Article V Obligations of the CITY Amendments to Article V, if any, are included in Attachment C. ENGINEERING CONTRACT (REV 4/14/05) Page 8 of 15 Summer Creek Drive — Risinger to McPherson A. CITY -Furnished Data The CITY will make available to the ENGINEER all technical data in the CITY's possession relating to the ENGINEER's cy, services timeliness,and othe completeness of the ENGINEER may rely upon the accuracy, information provided by the CITY. g. 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 and will provide labor and safety equipment as required by the ENGINEER for such access. The ITYwilperform, at no cost to the ENGINEER, such tests of equipment, machine pipelines, 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. p. 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 in Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any develoe n the work of the ENGINEER or the ENGINEER's services or of any defect 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 ENGINEERING CONTRACT (REV 4114/05) Page 9 of 15 Summer Creek Drive — Risinger to McPherson 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, CITYhereby r such matey aINEER from any damage or liability related to the presence (2) The release required above shall not apply in the event the discharge, release or escape of hazardous sub rti nENGINEER brings such hazardous s, contaminants, or asbestos is a result of ENGINEER's negligence o substance, contaminant or asbestos onto the project. G, Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of o rticle viAs ons V.E. regarding the ENGINEER's Personnel f{het CITYuctioand nthe e ENGINEER for providing contractor indemnification contractor's negligence. H, Contractor Claims and Third -Party Beneficiaries followinginclude the clause in all contracts with (�) The CITY agrees tors and to qu pment or materials suppliers: construction "Contractors, subcontractorsand hei asupetiest shall maintain suppliers on the PROJECT, o no direct action against the ENGINEER, aimtaris arising officers, employees, and subcontractors, for any oout f, in connection with, or the CITY will be the beneficiary sulting from the engineering ervices performed. Only s of any undertaking by 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 ienters that sucwith h eentity any torperston ( ity or person regarding the PROJECT a provision 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 again st 1, CITY's Insurance The CITY may maintain property insurance on certain pre-existing (�) p Y structures associated with the PROJECT. uilders Risk/Installation insu ENGINEERING CONTRACT (REV 4114I05) Page 10 of 15 -is-maintaine Summer Creek Drive - Risinger to McPherson 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 requested assistance to support, prepare, document, litigation undertaken or defended by the CITY. In the services of the ENGINEER, this AGREEMENT shall agreement will be negotiated between the parties. K. Changes ENGINEER for required or bring, defend, or assist in event CITY requests such be amended or a separate The CITY may make or approve changes within the general Scope this AGREEMENT. If such changes affect the ENGINEER's c required for performance of the services, an equitable adjustment through an amendment to this AGREEMENT with appropriate CITY Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. of Services in 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 ENGINEERING CONTRACT (REV 4/14/05) Page 11 of 15 Summer Creek Drive — Risinger to McPherson by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. 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 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 %J reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing storage containers, microfilm, 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 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 (1) The ENGINEER agrees to indemnify and defend the CITY from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subcontractors in connection with the PROJECT. ENGINEERING CONTRACT (REV 4114/05) Page 12 of 15 Summer Creek Drive — Risinger to McPherson (2) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct as determined pursuant to T.C.P. & R. Code, section 33.011(4) (Vernon Supplement 1996). G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Alternate Dispute Resolution (1) All claims, disputes, and other matters in question between the CITY and ENGINEER arising out of, or in connection with this Agreement or the PROJECT, or any breach of any obligation or duty of CITY or ENGINEER hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim, dispute or other matter in question shall be submitted to arbitration if both parties acting reasonably agree that the amount of the dispute is likely to be less than $50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or other applicable rules of the Association then in effect. Any award rendered by the arbitrators less than $50,000, exclusive of attorney's fees, costs and expenses, will be final, judgment may be entered thereon in any court having jurisdiction, and will not be subject to appeal or modification except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10 and 11). ENGINEERING CONTRACT (REV 4/14/05) Page 13 of 15 Summer Creek Drive — Risinger to McPherson (2) Any award greater than $50,000, exclusive of attorneys fees, costs and expenses, may be litigated by either party on a de novo basis. The award shall become final ninety (90) days from the date same is issued. If litigation is filed by either party within said ninety (90) day period, the award shall become null and void and shall not be used by either party for any purpose in the litigation. K. 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.H., VI.I., and VI.J. shall survive termination of this AGREEMENT for any cause. L. 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, Exhibits B-1, B-2, and B-3 Attachment C — Amendments to Article VI Attachment D — Schedule Attachment E — Project Map (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) ENGINEERING CONTRACT (REV 4/14/05) Page 14 of 15 Summer Creek Drive — ATTEST: endrix Risinger to McPherson 0 i NO M&C REQUIRED APPROVED AS TO FORM AND LEGALITY � Amy Ramsey � / Assistant City Attorney ATTEST: ENGINEERING CONTRACT (REV 4/14/05) Page 15 of 15 CITY OF FORT WORTH L�� Assistant City �j Manager APPROVAL RECOMMENDED: �G Robert Goo e, P.E., Director Transportation/Public Works Dunaway Associates, L.P 7 Yi •,t�i'y�i � EXHIBIT SCOPE OF SERVICES PROFESSIONAL SERVICES: SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes the tasks described below and shown graphically an Attachment E: Dunaway will perform a concept level alignment study, prepare an opinion of probable construction cost, prepare and submit a 404 Permit application, and a Master Thoroughfare Plan Amendment for the re -alignment of Summer Creek Drive between Risinger Road and McPherson Boulevard. Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A —PRE-ENGINEERING 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1)pre-design kick-off meeting, (including the CITY's Transportation & Public Works Department and other departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual January 28, 2008 Scope of Services Summer Creek Drive Dunaway Associates, L.P. engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, property ownership as available from the Tax Assessor's office. c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with utilities, including utilities owned by the City, TOOT and railroads. These entities shall also be contacted if applicable, to determine plans for any proposed facilities or adjustment to existing facilities within the project limits. The information obtained shall be shown on the concept plans. The ENGINEER shall show the location of the proposed utility lines, existing utility lines and any adjustments and/or relocation of the existing lines within the project limits. ENGINEER shall complete forms necessary for City to obtain permit letters from TOOT and railroads and submit such forms to the City. City shall be responsible for forwarding the forms to the affected agencies for execution. 2. Schedule Submittal and Monthly Progress Report The ENGINEER shall submit a progress schedule after the design contract is fully executed. The schedule shall be updated and submitted to the CITY along with monthly progress reports as required under Attachment B of the contract. January 28, 2006 Scope of Services Dunaway Associates, L.P. Summer Creek Drive PART B — ALIGNMENT STUDY, COST ESTIMATES, AND PERMITTING 1. Alignment Study a. Alignment Development Engineer will perform an investigation of the alignment of Summer Creek Drive between Risinger Road and McPherson Boulevard. It is understood that this roadway is classified as a divided 4-lane major arterial (MA4D). The result of the investigation will be one concept -level horizontal alignment and vertical profile. The alignment study will be based on electronic mapping and GIS data available from the City. No topographic surveys will be performed. b. Opinion of Probable Construction Cost Engineer will estimate construction quantities and other project costs and prepare an opinion of probable construction cost for the proposed roadway segment. The estimate will identify and separate costs for each of the stakeholders. c. Deliverables The deliverable for this item will be a CADD file and plan/profile sheet illustrating the proposed alignment and a concept -level opinion of probable construction cost. All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in conjunction with the requested services shall be provided in a digital format compatible with the electronic data collection and computer aided design and drafting software currently in use by the CITY. All text data such as plan and profile, legal descriptions, coordinate files, cut sheets, etc., shall be provided in the American Standard Code for Information Interchange (ASCII) format, all drawing files shall be provided in MicroStation (DGN) or Autocad (DWG or DXF) format, or as otherwise approved in writing by the CITY, and all data collected generated during the course of the project shall become the property of the CITY. January 28, 2008 ��r� of gar„��os Summer Creek Drive Dunaway Associates, L.P. 2. 3. Master Thoroughfare an Amendment Upon approval of the Alignment Study, Engineer will prepare and submit the revised roadway plan to the City for amendment of the MTP. 404 Permit Application a. Jurisdictional Determination An important component of the permitting process for projects of this size is the determination of appropriate functions and values. 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, we will provide a description of the functions and values of the project site. 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. We 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 Microstation/AUtoCAD 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. b. Natural Resources Assessment Report January 28, 2008 Scope of Services Dunaway Associates, L.P. N� JG Summer Cr ek Ijri+t'e• �; ,,��7L%;k. 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. It is assumed that this information would be used for purposes of the Pre - Construction Notification that may be required by USACE. c. Permitting Assistance We will provide permitting assistance for the proposed project. 1) We will arrange two meetings with the Client and the Corps to discuss the project and any permitting concerns. Minutes of each meeting will be prepared and submitted to the Client within 10 days after the meeting. 2) Prepare a 404 NWP 14 application with exhibits for submittal to the Corps. After submittal we will follow up with the Corps on a timely and ongoing basis to minimize time for review and facilitate any necessary revisions. Note —Preparation of a Mitigation Plan is not included in the scope of this assignment. If needed, a separate proposal for this task can be prepared after the limits of the jurisdictional areas have been identified. January 2B, 2008 Scope of Services Dunaway Associates, L.P. Summer Creek Drive ATTACHMENT "B" SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 Compensation A. The Engineer shall be compensated a total lump sum fee of $24,800 as summarized in Exhibit "134', Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-1" for all labor materials, supplies and equipment necessary to complete the project. All permitting, application and similar project fees will be paid directly by the City. B. The Engineer shall be paid in four partial payments as described in Exhibit "134% Section 1-Methond of Payment. C. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an office of the Engineer. II. Schedule (Working Days) — Refer to Attachment D for the complete schedule. A. A concept report shall be submitted within 30 working days after the "Notice to Proceed" letter is issued. B. A preliminary report shall be submitted within 10 working days after approval of the concept report. C. A final report shall preliminary report. January 28, 2008 Compensation/Schedule Dunaway Associates, L.P. be submitted within 5 working days after approval of the s-i Summer Creek Drive EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT B) METHOD OF PAYMENT SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 I. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following Until delivery of the concept report, a sum not to exceed 30 percent of the total lump sum fee. Until delivery of the preliminary report, a sum not to exceed 60 percent of the total lump sum fee. Upon delivery of the final report, a sum not to exceed 90 percent of the total lump sum fee. The balance of fee, less previous payments, shall be payable after approval of the final report by the City. II. Progress Repots A. The ENGINEER shall submit to the designated representative of the Director of the Transportation &Public Works Department monthly progress reports covering all phases of the study in the format required by the City. EB1-1 January 28, 2008 Method of Payment Dunaway Associates, L.P. Drive Summer Creek EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT B) HOURLY RATE SCHEDULE SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 2008 Standard Rate Schedule* Employee Classification Rate/Hour (or Range) Administrative $60-$83 Cadd Technician $66-$89 Design Technician $83-$120 Department Director $130-$200 Design Engineer $88-$115 Project Manager $96-$140 Principal $170-$230 Special Consulting $225 Reimbursable Cost + 10% Mileage j $0.51 Per Mile Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus ten percent (10%). • *These rates are subject to adjustment after December 2008. EB2-1 January 28, 2008 Hourly Rate Schedule Dunaway Associates, L.P. Summer Creek Drive EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 Consulting Firm Prime Responsibility Amount Percent Prime Consultant: Dunaway Associates, L.P. Engineering & Permitting $245800 100% M/WBE Consultants: None Total for Professional Services $24,800 100% City M/WBE Goal Not Applicable B3A-1 January 28, 2008 Summary of Project Fees Dunaway Associates, L.P. Sumer Creek Road ATTACHMENT CHANGES AND AMENDMENTS TO STANDARD ENGINEERING AGREEMENT AND ATTACHMENT A SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 NONE C-1 January 28, 2008 Changes & Amendments Dunaway Associates, L.P. Summer Creek Drive Q ` f o �. 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N zYo=OUiia a�Qa E a O LL C co j Q SIT � Y Q F- m L Cl O Y N oU to E O_ r N M Itl0 O n oD O O r N M;• LO a E = o U co ATTACHMENT E-1 PROPOSED SUMMER CREEK DRIVE BETWEEN RISINGER ROAD AND McPHERSON BLVD MAPSCO 102 V COUNCIL DISTRICT 6 zoos o z000 SCALE: 1'=2000' DUNAWAY b01 Merrimac Clrcle • SU1te 100 • Fort Worth, TX 76107 Tel: 817=335=1121 • Farc 61 M357437