The URL can be used to link to this page

Home My WebLink AboutContract 39059CITY SECRETARY CITY OF FORT WORTH, TEXA90NTRACT NO, 31 STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and CP&Y, Inc. , (the "ENGINEER"), for a PROJECT generally described as:. 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, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually 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 eSCRD City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services CITY SECRETARY 6.30.09 Page 1 of 15 f (� WORTH! 1 X 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 CA 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 far 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 actua{ characteristics may vary signcantly 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. City c€ Fort lhlarth, Texas Standard A�resrreni €cr P> �ineering ftelaFed Design Serrice5 Pace 2 of 16 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY 's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents, F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the City of Fort V�lorth, Texas Standard Agreement for Engineering Related Design Services 8.30.G9 Page 3 of 16 current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (MM/BE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business Cs#y ct port ;Nor#h, Texas S#andard Agreemeni far Engineering Related Design Services fi.3r3 09 Page 4 cf i5 enterprises 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 participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability —the ENGINEER shah 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. City of t=oR `JVor1h, Texas Standard Agreement fnr Engineering Retated Design Sertrices Page 3 01 15 i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liaty 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 far 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 C;Yj of For€ VJo:fh, Texas Standard Agreement for Engineering Related Design Services 6 34 49 Page 6 of 15 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. Certifcates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. 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, City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services 6.30 rag Page 7 of 15 to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. 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 affec#ed 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. CiC� Of �©rt v+leN,h, Texas S�andard FigrEetrent fcr Engsneer;np Related Design Services H 30.08 Page 8 of 15 O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. 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 w#(# 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 o€ Services, the CITY wi#I obtain, arrange, and pay for al# advert#cements 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. Gity of Fort �lorth. Texas Standard RgreEment for Eng#veering fteiated Design Services E.30.09 Rage ° of 15 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 GITY'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 al( 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 contractars and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, ar their sureties, shall maintain na direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection City ct "tort dFvorth, Texas Standard Agreement for Engrn�nng Related Design Services 8.`sg.Q9 Page t 0 of t u 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 enfers 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. f. 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 oI 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 a€ Fart !�lcRh, "texas Standard kgreement for Engineerng Related Design Servi:,es 6.30.6�J Page 11 of 15 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, speccations, 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; c.) The time requirements for the ENGINEER'S personnel to document the city oi+=oR ;hforth. Texas Stan�,ar� Rgreement for Engineering Related Design Services 8.30.09 Page Q of 15 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 Is 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. (. Jurisdic#ion 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 far any litigation related to this AGREEMENT shall be Tarrant County, Texas. Gify of Fars Vdo�#,`?, Teras 8tan�ard Rgreement for Engineering F�elatPd Design Services s.3�.cs Page 13 of 15 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 al( 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. Cft� of Fort Vifarth, Teras Standard Agreement for Engineering Related Desigr, Seriices s se.©s Page 14 of 15 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, A-2, A-3 -Scope of Services Attachment B, B-1, 13-2, 13-3A, B-313, B-3C, Attachment C — Not Used Attachment D - Project Schedule Attachment E -Location Map B-3D —Compensation Executed this the day of , 2009. ATTEST: City Secretary r ofttract Authoirizatlox lay e� l)ate APPROVED AS TO FORM AND LEGALITY Amy R'a�risey Assistant City Attorney ATTEST: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 By: CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVAL RECOMMENDED William A. Director, Transportation& Public Works CP&Y, Inc. Name: William R. Hindman, P.E. Title: Vice President By: Robin R. Handel, P.E. Project Manager O�F'ICtAL RECORD CI7l' SECRETARY �T.WORTH, TX ATTACHMENT I of General Sco a of Services "Scope of Services set forth herein can only be modified by additions, clantiicatlons, and/or deletions set forth in the supplemental Scope of Services. In cases of conflict between the Supplemental Scope of Services and the General Scope of Services, the Supplemental Scope of Services shall have precedence over the General Scope of Services," GENERAL 1) Preliminary Conference with City The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with C)utside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilk ties/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechniicallnvestigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete all forms/applications to allow the City of Fort Worth to obtain any and all agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make any revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. STANDARD ENGINEERING AGREEAdEhdT (REV 70/G&fOSJ rag= 18 of 20 c 6) Plan Submittal Copies of the original plans shall be provided on reproducible mylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right -of -Way, Easement and Land Acquisition Needs The Engineer shall determine the rights -of -way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights -of -way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Specifications. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with all utilities, including utilities owned by the City, as to any proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and any adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. STANDARD ENGINEERING AGREEMENT (REV tGrC6/051 Page i 7 cf 20 10) Conceptual Plans The Engineer shall furnish four (4) copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended plan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit twenty (20) copies of Phase 2 preliminary construction plans and five (5) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) Final Construction Plans The Engineer shall furnish five (5) copies of the final construction plans and contract specifications for review by the City. 14) Detailed Cost Estimate The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. 15) Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. S7ANQARQ ENGIAIEERIt�t� AGREEMEAIT (REV tC1C�81�5j Page 18 of 2Q e 10) 17) 18) 19} 20) 21) 22) PHASE 4 Final Approved Construction Plans The Engineer shall fumish 45 bound copies of Phase 4 final approved construction plans and contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. Prebid Conference The Engineer shall attend the Prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 Preconstruction Conference The Engineer shall attend the preconstruction conference. Construction Survey The Engineer shall be available to the City on matters during its construction and will set control points in th stake the project. The setting of line and grade stakes will be performed by the City. Site Visits concerning the layout of the project field to allow City survey crews to and he Engineer STANCi�RD ENGttx7EEatMG AGREE�QEhli (EtEv lE}:r�8?G5) Page 19 of 26 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) instructions to Contractor The Engineer shah provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered. 26} Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. STANDARD ENG(NEERlNG AGREEMENT (REif ?O1Q61Q5) Page 20 of 20 EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: OLD DECATUR ROAD City Project No. 01296 Upon receipt of notice to proceed, the ENGINEER will pertorm 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 ALL departments that are impacted by the project). One (1) review meeting at completion of the City's review of the conceptual engineering plans. b. Data Collection In addition to data obtained from the City, ENGINEER will research and make efforts to obtain pertinen# 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 EA2-1 Rev 02/G5/09 that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as available from the Tax Assessor's office, c. Coordination with Other Agencies During the concept phase the ENGINEER shall coordinate with all utilities, including utilities owned by the City, TxDOT 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 ail 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 project 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. PART B -CONSTRUCTION PLANS AND SPECIFICATIONS 1. Conceptual Engineering i. Surveys for Design a. ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. EA2-2 Rev 02J05/0° The minimum survey information to be provided on the plans shall include the following: 1. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: 2. The following information about each Control Point; a. Identified (Existing. City Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street), 3. Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. 4. No less than two horizontal bench marks, per line or location. 5. Bearings given on all proposed centerlines, or baselines. 6. Station equations relating utilities to paving, when appropriate. ii. Public Notification and PersonnelNehicle Identification a. Residential notification is required for field surveys on this project, mai(- outs will be prepared for approval by CITY T/PW staff. The mail out shah be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number. EA2-3 Rev �}2/O5JQ9 -OR - If Right of Entry acquisition is required for field surveys or other work on this project, mail -outs will be prepared for approval by CITY T/PW staff. The mail out shall be on company letter head and shall include the project name, study limits, DOE project no., brief description of the project, and consultant's project manager name and telephone number and a place for the property owner to sign giving permission to access the property. b. When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. iii. Drainage Computations ENGINEER will review and document the storm water watershed drainage runoff area and existing street, right -of --way and storm sewer capacities for the subject site. A drainage area map will be drawn at 1" = 200' scale from available contour maps. Calculations regarding street and right -of --way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with City standards. All calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. iv. Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 75 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish two (2) copies of the concept engineering plans which include layouts, preliminary right -of --way needs and cost estimates for the ENGINEER's recommended plan. 2. Preliminary Engineering Upon approval of Part g, Paragraph IV, ENGINEER will prepare construction plans as EAZ-4 Rev GZ/G5/G9 follows: a. Drainage area maps with drainage calculations and hydraulic computations. Information shown on the plans will be consistent with Part A, Paragraph 1.b. for proposed condition. b. Preliminary project plans and profile sheets which will show the following and shall be on 22 x 34 sheets: Property Ownership Curb Lines Driveways Medians (if applicable) Sidewalks Existing and proposed water and sanitary sewer mains. c. Proposed roadway profile grades and elevations along each curb line; elevations at all p.v.i.'s; p.i's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right-of-way lines shall be shown. Existing found property corners (e.g. Iron pins), along the existing right-of-way shall be shown on the plans. Profiles for existing and proposed storm drain mains and leads shall be provided. d. Existing utilities and utility easements will be shown on the roadway plan and profile sheets. ENGINEER will coordinate with utility companies and the City of Fort Worth to ascertain what, if any, future improvements are planned that may impact the project. e. Preliminary roadway crass -sections will be developed, from the survey notesI at intervals not -to -exceed 50 foot along the project length and will extend 10' past the right of way line on both sides of the street. Additional cross -sections at important features including driveways, p.i.'s of intersecting streets, (minimum distance of 100' along cross -street at each P.I.) walks, retaining walls, etc,, will also be provided. Profiles of centerline of driveways will also be provided where necessary. Scale will be 1' = 10' horizontal and 1' = 2' vertical. EA2-5 Rev oa/os/oy f. Street and intersection layouts. g. Proposed plan/profile sheets will conform to City of Fort Worth construction legend. Adequate horizontal and vertical control shall be provided on the plan sheets to locate all proposed and existing facilities. Legal descriptions (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. For the existing water line, a plan sheet showing coordination items and will be provided. Profiles of the existing waterline will not be provided. If the waterline needs to be relocated, additional engineering services will be needed. h. Geotechnical Investigation/Pavement Design The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. i. Right -of -Way Research The ENGINEER will conduct preliminary research for availability of existing easements where open -cut construction or relocation of existing alignments is probable. Temporary and permanent easements will be appropriated based on available information and recommendations will be made for approval by the City. j. Right-of-way/Easement Preparation and Submittal Preparation and submittal of right-of-way, easements and rights -of -entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". k. Utility Clearance Phase The ENGINEER wi(I consult with the Ci#y's Transportation and Public Works Department, Water Department, and other CITY deparimen#s, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities that have an impact or influence on the project. EA2-6 ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. I. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 60 days after approval of Part B, Paragraph IV. ii. The ENGINEER shall deliver two (2) sets of preliminary construction plans and two (2) specifications to CITY for review. Generally, plan sheets shall be organized as follows: Cover Sheet General Layout and Legend Sheet Drainage Area Map and Computations Water Line Plan Sheet Sewer Line Plan & Profile Sheets Preliminary Cross Sections Standard Construction Details Special Details (If applicable) iii. The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. Engineer shall assist City in selecting the feasible and or economical solutions to be pursued. m. Review Meetings with City The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. The CITY shall direct the ENGINEER in writing to proceed with Final Design for Final Review. n. Public Meeting After the preliminary plans have been reviewed and approved by the City, the ENGINEER shall prepare project exhibits, provide the CITY with the EA2-7 Rer azlaslos database listing the names and addresses of all residents and business to be affected by the proposed project, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. o. Storm Water Pollution Prevention Plan (SWPPP) For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the project for use by the Contractor during construction. Engineer will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. p. Traffic Control Plan The ENGINEER may utilize standard traffic reroute configurations posted as "Typicals13 on the City's Buzzsaw website. The typicals need not be sealed individually if included in the sealed contract documents. In the event that the "typicals"(as described above) cannot be utilized on the project, the ENGINEER shall prepare a signed and sealed Traffic Control Plan for review and approval by the Traffic Division of the Transportation and Public Works Department . 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 30 days after approval of Part B, Paragraph 2 (b). Following CITY approval of the recommended improvements, the ENGINEER shall prepare final plans and specifications and contract documents to CITY (each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas) and submit two (2) sets of plans and construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. EA2-8 Rea �J2jO5j09 b. ENGINEER'S Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Furnish as a function of final plans, two (2) copies of the final sections on on 22" x 34" sheets. Information on these sheets will include centerline station, profile grades and centerline elevations, roadway section (existing and proposed), right-of-way limits. Scale will be 1' = 20' horizontal and 1" = 2' vertical with cross sections plotted with stationing from the bottom of the sheet, and will include laterals and inlets. CITY policy with regard to parking design shall be maintained. Excavation and embankment volumes and end area computations shall also be provided. d. Mylar Submittals The ENGINEER shall submit a final set of mylar drawings for record storage as follows: 1. Street and storm drain plans shall be submitted as one set of plans. Street and storm drain plans shall be separate from water and sanitary sewer plans. All sheets shall be standard size (22" x 34") with all project numbers (TPW and water/sanitary sewer) prominently displayed. 2. Far projects where water/sanitary sewer improvements occur on a TPW Department funded project with no Water funding involved, a separate set of mylars with cover sheet shall be submitted for Water Department, 3. Signed plans sets shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file. There shall be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file shall contain all associated sheets of the particular plan set. Singular PDF fi{es far each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: EA2-9 rev 42/OSf09 I. TPW file name example — "W-1956_org47.pd1" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X- 35667_org36.pdf' where "X-35667" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF files shall be submitted on one (1) Compact Disk, which will become property of and remain with the City of Fort Worth. Floppy disks, zip disks, a -mail flash media will not be accepted. 4. For information on the proper manner to submit PDF files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. PART C -PRE-CONSTRUCTION ASSISTANCE Adminis#ra#ion a. Bid Documents The ENGINEER shall upload al! plans and contract documents onto Buzzsaw for access to potential bidders. Hard copies of EA2-10 Rev 02;65%�9 documents will not be made available to potential bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf files. b. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda onto Buzzsaw. The ENGINEER shall attend the scheduled pre -bid conference. c. Construction Documents The ENGINEER will make available for construction, upon request by the CITY, up to twenty (20) sets of the final approved and dated plans and specifications and contract documents for the projects to the CITY for distribution to the contractor and City personnel. c. Assistance During Construction The ENGINEER shall attend the pre -construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. The ENGINEER shall make periodic site visits during construction and provide documentation of the observations made, as requested by CITY. The ENGINEER shall attend the "Final' project inspection and assist City with preparation of final punch list, as requested by CITY. Rev az/osfos ATTACHMENT"Wa SCOPE OF SERVICES TRAFFIC SIGNAL and STREET LIGHT DESIGNS FOR Old Decatur Road City Project No. 01296 FORT WORTH, TEXAS PROJECT PARAMETERS The following information pertains to the provision of Basic Services: A. The PROJECT will consist of the following activities, as requested by the CITY: 1. Proposed traffic signal design plans, quantities, and specifications for the following three 3 intersections. a. Bailey -Boswell &Old Decatur Road b. Park Center &Old Decatur Road c. Old Boaz &Old Decatur Road 2. Proposed street and pedestrian lighting design, quantities, and specifications for Old Decatur Road from Old Boaz to Bailey -Boswell. PROJECT is located within the City of Fort Worth, Texas. B. Record Drawings prepared by others (CITY or representative, TxDOT) and aerial photography will be used as the basis for any designs associated with the PROJECT. It is assumed that no Microstation CADD files will be available and all base files will be recreated from hard copies of record drawings made available by the CITY. C. The plans, standards and any special specifications will be prepared using English units. D. Existing traffic signal specifications and standards furnished by the CITY will be used for design plans, unless otherwise requested by the CITY in writing. These include: - City of Fort Worth Transportation and Public Works "Traffic Signal Design Guidelines, October 2008". - Example plan set illustrating desired format for each type of plan sheet to be developed by the Engineer. - Example City standard traffic signal construction details, specifications, and Contract Documents, E. The CITY will provide 24-hour approach counts, turning movement counts, capacity analyses, and traffic accident data for up to three years, if available. F. All Microstation CADD standards and level symbology will follow 01 T requirements. G, The CITY will provide determination for provision of cable TV drops, vehicle detection, power location, and Opticom equipment. H. The CITY will review plans and provide recommendations in a timely manner. I. All intersections will be designed to accommodate existing or future pedestrian activities, including sidewalk ramps, crosswalks, push buttons, and pedestrian heads to meet ADA requirements as requested by the CITY. J. The ENGINEER will prepare the following items for each intersection described above: Short Report (per intersection) Existing Conditions Layout (per intersection) Traffic Signal Design Layout (per intersection) Signs and Markings Layout (per intersection) Sidewalk Ramp Layout (per intersection) Geometric Modification Layout (per intersection — if applicable) Interconnect and Service Layout (if applicable) Quantity Summary and Opinion of Probable Construction Cost Record Drawings TASK 1.0 STREET LIGHT DESIGNS PS&E Deliverables - Estimate Summary Sheet General Notes Sheet Service Layout showing existing and proposed service for the street light, traffic signal, irrigation, and other electrical systems. Roadway/Pedestrian Lighting Existing Conditions Layout showing utility lines and poles, existing roadway or pedestrian lighting, roadway signs and markings, and any removals if necessary. Roadway/Pedestrian Lighting Layout, show existing utilities (utility poles, signal poles and equipment, storm drain, fire hydrants, ect. ), show existing streetlights and equipment to be removed (pull boxes, poles, overhead/underground wire, piers, service points, etc. ). New roadway/pedestrian lighting to follow existing pattern on Berry to East. Show new lighting, conduit and pull box locations. Show 240/480 transformer and lighting contactor location ( Milbank model # CP3B0141 FE14SP with 100 amp 240 volt contactor, 2-100 amp line and 2-100 amp load breakers, HOA control, photo control, and meter socket ). Provide pole/luminaire detail, wiring diagram, foundation design, and all other items required for complete construction of the roadway and pedestrian lighting. Street Light Standard Detail Sheets Preliminary Opinion of Probable Construction Cost TASK 2.0 TRAFFIC SIGNAL DESIGNS A. The ENGINEER will prepare for and attend one (1) joint field kick-off meeting with the CITY (and TxDOT if applicable). B. The ENGINEER will obtain hard copies of record drawings from the CITY. The record drawings should include but not be limited to the proposed roadway plans, right -of --way information, and utility plans. If available, the CITY will furnish the ENGINEER electronic copies of the Microstation CADD files of the existing record drawings or proposed construction plans. For current signalized intersections, the CITY will furnish existing timing data. C. The ENGINEER will determine the pedestrian and ADA requirements for each project intersection. D. Prior to preparing base plan sheets or conducting field site visits, the ENGINEER will schedule franchise utility locates (DIG TESS) at each project intersection. E. The ENGINEER will create base plan sheets for signal plans from the record drawings and aerial photography provided by the CITY. F. The ENGINEER will prepare an existing conditions layout. G. The ENGINEER will meet with the CITY in the field to discuss the electric service, communications, vehicle detection, and Opticom requirements at each intersection. All existing and proposed utilities, pavement widths, lane configurations, and traffic control devices will be determined based on field observations and the record drawings provided by the CITY. H. The ENGINEER will perform a capacity analysis indicating level of service for each movement at each intersection. A capacity analysis report using the SynchroT"' analysis software is preferred; however other capacity methods are acceptable. The ENGINEER will recommend the appropriate traffic signal phasing for each intersection with consideration to the capabilities of current CITY controller hardware and software operation functions. J. The ENGINEER will prepare and submit a "short report" for each intersection to the CITY for review and approval (1 — PDF electronic copy; 2 —bound 8'/" x 11" paper copies per intersection). This report is considered the 30% Submittal. The report will include: - Traffic signal warrant studies - existing and/or projected traffic volumes; - discussion of existing and proposed conditions; capacity analysis results; photo -log of intersection approaches; recommendations for signal design, phasing, operations, illumination, and pedestrian accommodations, including a preliminary layout with cabinet, pole, and service placements; address any unusual conditions and provide recommendations to resolve these conditions; and K. The ENGINEER will prepare for and attend a review meeting with the CITY to receive and reach concurrence regarding the "short report" review comments. The ENGINEER will incorporate review comments and submit a final "short report" to the CITY (1 — PDF electronic copy; 2 — 8'/2" x 11" paper copies per intersection). L. The ENGINEER will prepare the PS&E traffic signal designs for each intersection. The signal PS&E should be included in the civil plan set. Plans, specifications and estimates (PS&E) for the above work shall be prepared in accordance with the applicable requirements for CITY plans, details, specifications, standards, and manuals. The ENGINEER will review the general notes, traffic signal specifications, and standard general provisions supplied by the CITY for applicability and modify (if necessary) for the respective locations. The ENGINEER will identify any design exceptions to CITY Standards. PS&E Deliverables - Estimate Summary Sheet General Notes Sheet Existing Conditions Layout showing utility lines, illumination, signs, markings, and any removals (if necessary). - Traffic Signal Design Layout (per intersection) showing existing utilities (utility poles, street lights, storm drains, fire hydrants, etc.), permanent traffic signal poles and mast arms, pedestrian signal poles, pedestrian signals, push buttons, controller cabinet assemblies, signal heads, street lights, detector loops or other detectors, conduit, ground boxes, power sources with distribution to signal service, communications connections, wiring diagrams, pavement markings, signal phasing plan, Opticom equipment, conduit and cable chart, pole summary chart, phasing sequence, pole details, pole locations diagram, and all other items required for the complete construction of the signals. Signs and Markings Layout (per intersection) showing existing signs, proposed signs, existing striping, proposed striping, pavement markings summary chart, and sign summary chart. Sidewalk Ramp Layout (per intersection) showing proposed sidewalk ramp layouts, CITY standard and special sidewalk ramp details, and sidewalk ramp quantities. Geometric Modification Layout (per intersection — if applicable) showing roadway and/or driveway modifications. Interconnect and Service Layout showing existing and proposed interconnect and service Traffic Signal Standard Detail Sheets - Preliminary Opinion of Probable Construction Cost M. The ENGINEER will prepare for and attend a review meeting with the CITY to receive and reach concurrence regarding the PS&E review comments. N. The ENGINEER will prepare and submit the quantity estimates and engineer's opinion of probable construction cost spreadsheets prepared in Microsoft Excef for each intersection. O. The ENGINEER will provide the CITY a CD of the electronic Microstation traffic signal design files, quantity estimates, an engineer's opinion of probable construction costs for each intersection, and 1 - PDF electronic copy and 1 - Microstation CAD file; 1 - 11" x 17" mylar; 3 -11" x 17" paper copies. ATTACHMENT "B" COMPENSATION AND SCHEDULE OLD DECATUR ROAD Bailey -Boswell to Old Boaz CITY PROJECT NO. 01296 1. Compensation for Design Phase Services A. The Engineer shall be compensated a total lump sum fee of $445,820.13 as summarized in Exhibit "B-3". Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-2" and "A-3" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section 1- Method of Payment. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. II. Compensation for Construction Phase Services A. Payment for services will be computed on the basis of Salary Costs times a multiplier of 3.20 to determine the payment due for services. The multiplier is a factor which compensates the Engineer for fringe benefits, overhead and profit. B. Payments shall also include Direct Non -Labor Expenses which, in general, include expenses for supplies, transportation, equipment, travel, communication, subsistence and lodging away from home, and similar incidentals. The Direct Non -Labor expenses shall be reimbursable at actual invoice cost plus 10 except for living and travel expenses when away from the office on business connected with the Project. All travel outside of the Dallas/Fort Worth Metropolitan Area to be made, which are reimbursable at actual invoice cost, by the Engineer in connection with the Project must first be approved in writing by the City Engineer. C. Subcontractor cost shall be reimbursed at the actual cost plus 10%. D. Payment for expenses, costs and construction phase services as described in Attachment "A" and summarized in Exhibit "B-3" shall not exceed $15,840.00. E. Partial payment shall be made monthly upon receipt of an invoice from the Engineer, prepared from the books and records of the Engineer, outlining the amount of hours worked by each employee, the employee's name and classification, and the employee's salary rate along with itemized charges for any subcontract and reproduction work performed during the period covered by said invoice. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. Payment according to statements will be subject to certification by the Director of Engineering or his duly authorized representative that such work has been performed. I!. Schedule A. Final Phase !Plans sha(( be submitted within 273 calendar days after the "Notice to Proceed" letter is issued. EXHIBIT "B-1" (SUPPLEMENT TO EXHIBIT 13) Old Decatur Road City Project No. 01296 Method of Payment A. QESIGN PHASE SERVICES Partial payment shall be made to the Engineer monthly upon City's approval of the Engineer's invoice outlining the estimated current percent complete of the total project. The aggregate of such monthly partial payments shall not exceed the following: Until satisfactory completion of Exhibit "A-2" and "A-3", Conceptual Engineering Plan Submittal and approval by the City, a sum not to exceed $177,628.79 of the total contract. Until satisfactory completion of Exhibit "A-2" and "A-3", Preliminary Construction Plan Submittal and approval by the City, a sum not to exceed $419,420,08 of the total contract. Until satisfactory completion of Exhibit It it and "A-3", Final Construction Plan Submittal and approval by the City, a sum not to exceed $445,820.13 of the total contract. B. DESIGN PHASE SERVICES The Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Engineer not to exceed $15,840.00. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Engineering monthly progress reports covering all phases of design by the 15"' of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the opinion of probable cost of $3,661,000.00 (as estimated in Exhibit "B-3n) wilt be exceeded, whether by change in the scope of the project, increased cost or other conditions, the Engineer shall immediately report such fact to the City's Director of the Department of Engineering and, if so instructed by the Director of the Department of Engineering shall suspend all work hereunder. EXHIBIT B-2 HOURLY RATE SCHEDULE OLD DECATUR ROAD From Bailey Boswell to Old Boaz City Project No. 01296 2009 Standard Rate Schedule EMPLOYEE CLASSIFICATION HOURLY RATE Principal Project Manager Senior Engineer Engineer EIT/Designer Clerical Reimbursables Mileage Reproduction work will be at current commercial rates. Subcontractors will be paid at actual invoice cost plus ten percent (10%) Overhead Rate 185.69% Profit 12% $200 $185 $155 $120 $95 $60 Cost plus 10% $0.550 EXHIBIT B-3A FEE SUMMARY OLD DECATUR ROAD From Bailey -Boswell to Old Boaz (Fees Based on Manhours) Exhibit Scope of Services Fee MWBE Percent A-21 A-3 $ 461,660,13 $ 126, 068.30 27.31 % TOTAL $ 4611660,13 $ 126, 068630 27.31 % Proposed M/VVBE Sub -Consultants Services Fee % of Total Mas-Tek Geotechnical / $ 93500,00 2.06% Pavement Design Mas-Tek Existing Pavement $ 8,000.00 1.73% Assessment Gorrondona and Associates, Inc. Surveying $ 43,875.00 9.50% Gorrondona and Associates, Inc. ROW/Easements $ 10,000.00 2.17% Gorrondona and Associates, Inc. SUE $ 47*250,00 10.23% LA Blueline Printing $ 7,443.30 1.61% TOTAL $ 126,068430 27.31 % EXHIBIT B-30 FEE SUMMARY OLD DECATUR ROAD From Baifey-Boswell to Old Boaz (Fees Based on Manhours) BASIC ENGINEERING DESIGN FEE $ 322,985.00 SPECIAL SERVICES Geotechnical Services, Testing, & Report (Mas- $ 91500,00 Tek, MWBE) 10% fee for MWBE Geotechnical (Mas-Tek) $ 950.00 Existing Pavement Assessment (MasJek, $ 87000,00 MWBE) 10% fee for MWBE Paving Assessment (MasJek) $ 800.00 Field Surveys (Gorrondona, MWBE) $ 43,875.00 10% fee for MWBE Surveys (Gorrondona) $ 41387650 ROW & Easements $ 101000000 10% fee for MWBE ROW & Easements $ 1,000.00 Subsurface Utility Engineering (SUE) $ 471250,00 10% fee for MWBE SUE $ 41725,00 Reproduction (LA Blueline, MWBE)) $ 71443030 10% fee for MWBE Reproduction LA Blueline) $ 744.33 TOTAL SPECIAL SERVICES FEE $ 1381675A3 TOTAL FEE $ 461,660.13 EXHIBIT B-3C GEOTECHNICAL, SURVEY AND REPRODUCTION FEE SUMMARY OLD DECATUR ROAD From Bailey -Boswell to Old Boaz • 0', �� •i 00 TOTAL•TECHNICAL FEE $ 10t450,00 EXISTING PAVEMENT ASSESSMENT $ 8,000.00 10% fee for sub -consultant $ 800,00 TOTAL CORROSION TESTING FEE $ 81800,00 SURVEY FEE $ 43,875.00 10% fee for sub -consultant $ 49387,50 TOTAL SURVEY FEE $ 48,262,50 RIGHT-OF-WAY FEE Right -of --way documents 8 EA $ 1,250.00 $ 101000,00 Temporary Easements 0 EA $ 350,00 $ - 10% fee for sub -consultant $ 11000,00 TOTAL EASEMENT FEE $ 11,000.00 SUBSURFACE UTILITY ENGINEERING SUE QL "B" $ 31,150.00 SUE QL "A" for 48" Water Line $ 16,100.00 10% fee for sub -consultant $ 4,725.00 TOTAL SURVEY FEE $ 51,975,00 REPRODUCTION FEE $ 7,443.30 10% fee for sub -consultant $ 744.33 TOTAL REPRODUCTION FEE $ 81187.63 EXHIBIT B-3D BASIC SERVICES OLD DECATUR ROAD FROM BAILEY-BOSWELL TO OLD BOAZ MANHOUR ESTIMATE WORK TASK DESCRIPTION HOURLY RATE WORK - ESTIMATEt3 MAN-HOURS TOTAL - TOTAL FEE Na, of Shoats Principal PIA AOD SR ENGR ENGR E Tech Clerical HOURS S 200.00 S 166,00 S 158.00 S 120*60 S Moo S. 60.00 Conceptual Design 1 Initial Data Collection - a. Pre -Design Coordination/Kickoff Meeting 4 4 81 S I 3360 00 b. Data Collection & Field Reconnaisance 4 6 8 18 $ 2.22000 c. Coordination with Other Agencies 0 $ 1 City of Saginaw 1 meeting) 4 4 8 S 1,360.00 (2) Saginaw ISD 1 meeting) 4 4 8 $ 11360,00 2 Develop Exhibits 2 4 4 10 S 1,23000 Subtotal initial Data Collection 0 18 12 10 12 p 52 $ 7 530.00 2. Preliminary En ineerin a. Conceptual Design 1 Typical Sections 2 2 6 12 221 S 2,54000 2 Develop Geometry & Schematic Layout 2 8 12 40 40 102 $ 12 340,00 3 Develop prelim cross sections 50' interval 6 6 20 48 80 $ 9,000.00 4) Verify ROW/Easement Requirements 2 4 6 121 S 1,420.00 5 Evaluate Existing Water/Sewer Lines 1 8 1 24 8 411 S 51320,00 6 Prelimina Estimate of Probable Cost 1 4 41 41 8 21 $ Z 800 00 Subtotal Conce lust En ineeri` Re ort 41 30 241 981 122 - -0 - 266 S - .3 M00- 3. Geotechnicai E loration Program a. Review Existing Soil & Geology 41 1 41 S 740,00 b. Field Site VisitfReconaissance 1 41 1 4 $ 740.00 c. Design Field Testing Program 1 21 1 2 $ 37000 d. Monitor Field Exploration 1 41 1 4 $ 740,00 e, Review Draft and Final Test Reports 1 1 81 1 8 $ 1,480.00 Subtotal Geotechnical Exploration Pr ram I of 22 01 0 01 0 22 $ d 07o,00 4. Project Management (Conceptual Phase a. 3 Monthly Project Reports 1 2 1 6 17 $ 2,425,00 b. Anend 1st Public Meetin �91 4 1 4 4 12 $ 1,600.00 c. Develop Public Meeting Exhibit and Handouts Subtotal Project Management 1 3 8 21 0 12 16 32 36 8 14 61 90 $ $ 6,640.00 10 665M Conceptual DesignSabTofai 7 91 36 IZI 170 14 426 S 6S,6tf6.00 Construction Plans 1. Preliminary Construction Plans a. Preparation of Plans Title Sheet General Notes Quantities & Summary Sheets 1 1 1 2 ill 1 1 11 21 21 21 41 1 21 41 161 6 41 161 8 11 1 1 ifi 131 39 $ S $ 1,850 10740 4 630 Typical Sections 21 1 21 1 61 81 16 $ 1,850 Horizontal Control Sheet Removal Plan (1"=40') Paving Plan & Profile 1 "=40' Driveway Plans & Mise Paving Details 1 1 21 101 1 1 11 11 I 1 I 21 21 12 i I 24 11 1 1 61 81 100 121 81 241 1201 161 1 1 1 1 16 351 2571 301 $ S S S 1,850 33810 29,540 3,300 Cross Section Sheets Signing & Striping (1"=40' Street Light Plan 1"=100' & Details Traffic Control Plan (1'=100')51 Drainage Area Ma(1"=100') Hydraulic Comorations Drainage Plan & Profile (1"=49) 331 iol 51 51 1 1 101 11 11 11 11 11 1 1 21 121 41 41 41 21 61 41 201 16 121 121 41 121 121 481 321 321 321 81 801 601 1001 7 48 481 61 951 1 1 1 1 1 1 1 79 181 1241 97 971 20 195 $ $ S $ S $ $ 8,330 200780 1319W 11,200 IIt200 22520 21,890 Drainage Details 11 1 2 41 8 121 1 26 $ 3 090 Erosion Control Plans & Details Traffic Signal Report no capacity analysts) loll 41 21 61 1 201 241 401 161 1 1 70 42 $ $ 7,870 4,770 Traffic Signal Layouts 91 1 81 24 1201 1201 1 272 S 31,000 Water Plan and Profiles 1 41 1 41 121 61 1 26 $ 3,430 Sewer Plan and Profiles b Preparation of Specifications c. City Review and Comments 11 11 41 1 1 8 1 81 ifi 8 1 40 16 161 BQ 16 401 140 731 41 $ S $ 15,680 7,240 5.120 d. UtilityCoordination 16 16 32 $ 41880 e. PreliminaryEstimate of Probable Cost I. Meeting with City Staff 2. Project Mana ement(Prelimina Phase 1 S 1 af 41 4 41 41 4 1 1 17 12 S $ 2,780 1.840 a. 3 Monthly Project Reports 1 21 91 1 1 31 14 $ 2,245.00 Subtotal for Preliminary Constntollon Plans 221. 1281 loll 6821 9241 431 1980 S 22 36.00 a. Final Construction Plans a. Address Cii Comr!lentsfSubmit Fina; Pans b Pra aration of Final Specifications e. Finat Estimate of Probable Cost f 8 fi 21. ifi 6 2 4C 2 4G 4 t05 ifi 6 S $ S 12.760 2,280 92G EXHIBIT B-3D BASIC SERVICES OLD DECATUR ROAD FROM BAILEY-BOSWELL TO OLD BOAZ MANHOUR ESTIMATE WORK TASK DESCRIPTION No. of Shuota RDURLY RATE WORK - ESTIMATED MAWHOURS. TOTAL HOURS TOTAL FEE Prlrscipai PMSR ENGR ENGR Eft(CADeTech Ctoiical f. Meeting with City Staff 4 4 4 - 12 S 1.840 5. Project Management (Conceptual Phase a. 3 Monthly Project Reports 2 9 3 14 S 2,245.00 b. Attend 2nd Public Meeting4 4 4 12 $ 1,600.00 c. Develop Public Meeting Exhibit and Handouts 1 4 8 4 16 $ 1,480.00 Subtotal for FlnM Construction Plans 31 33 28 54 52 11 181 $ 23,125.00 ConatucU4rtPL1n'SuhTplat 24 151 209 T38 9Z5 84 21¢1 3 251r4fi0A0 Construction Phase Services :tuskfi;o be petfasnea 99 f;in6 ona mulcrtar$i A Ptu-Corwruc ",rw 0 3 1. Pra• Bic Co;)fer6nce 4 4 -.. 8 S 1.3b0 :.. Addenpe- 8 8 12 6 4 40 S 5:160 Subtotal Pro.Constructlon 0 t2 12 ' 12 8 4 48 $e 520.00 a. iodslru;dron - I-Prt-Construction Mocha _.. 4 A $ 5. 1.38r0 2. Project Management '2 _. 8 - 20 S 2.?Do 2 fnte el Oocuaieno (MR0 8 12 i8 36 S 5.2t7D Subtota I Constructfon 0 24 Is t8 p 8 54 932p.ttp Consiuction Pitage Sorvtcea SubTotM (Time and Matattala) p 36 25 28 8 12 112 S 1518411400 CPAY Sub Total (A+s+C) 32 288 273 988 1464 8o 2093 $ 322tses,00 Basic Engineering Special Services GP6,Y i3•aslc Engingnrtng 5 ZZ4,578.pp CPAY Spacial Servkoa 6 911,415.00 CPA'f Sub Total (D+F) S 322,88s.op 5ubconsultnnt Spacial 5ervkes If 124,068*30 Servcies Sub Total {LUMP SUMi S rction Phase Service3Sub Total (Time and S 15,840.00 � c� -'4fi1,66ti,i3 G H D E F C Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Dept.: PMO Subject: Schedule Specifications Version: 1.0 Effective Date: June 30, 2009 Attachment D - Project Schedule s PROTECT requires a Tier C schedule as defined Herein and in the Uri/ s Schedule Guidance Docu nren t. 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 CTTY) - Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or Iater or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the 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 nulestones, 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 u1 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 follo��ing, if appropriate and applicable: ® Changes in the critical path, • Expected schedule changes, + Potential delays, CITY OF FORT WORTH, TEXAS q OE 2 PROGRAM MANAGCMENT OFFfCE • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behold that scheduled due to factors wn the CONSULTANT'a control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY 's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. O(TY OF FORT WORTH, TEXAS 2 OF 2 Pf�OGRF�tvl it�I�NAGE��fEtziT OFFIGE NAS Joel RaH 15t,i+e 9 Attachment F Old Decatur Road City Project No. 01296 i an: wafa"9 ; SnI�FK� North ier Richland HJlfQ �lunl R AesF1- Lefe N'at; Lads .-n H.r1 9nn 1'. r, Haltom City nwm� z el rt flaw Fon Ywh ' ii H ,. fl T $ teMt'enl° �Yestwvr:h 191. .4"1 W go £Fort Worth 4� s WaaL>.w H:. f. ,eo bar S Wen Fxy 45 Jo] 4 �a8cpenbrook w 7i u.. Project Location ®Id Decatur Road City Project No. 01296 M \PSCO 33P City of Forf Worfh, Texas Mayor and Council Communication ;COUNCIL ACTION: Approved on 8/25/2009 DATE: Tuesday, August 25, 2009 LOG NAME: 200LDDECATURBAILEYBOAZDES REFERENCE NO.: C-23748 SUBJECT: Authorize an Engineering Services Agreement in the Amount of $461,660.13 with Chiang, Patel &Yerby, Inc., for the Design of Old Decatur Road - Bailey -Boswell Road to Boaz Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement in the amount of $461,660.13 with Chiang, Patel &Yerby, Inc., for the design of Old Decatur Road - Bailey -Boswell Road to Boaz Road. DISCUSSION: The 2008 Bond Program included funds for the reconstruction of arterial streets including Old Decatur Road from Bailey -Boswell Road to Boaz Road. The scope of this Engineering Agreement includes design of the paving and storm drain improvements on Old Decatur Road as a new four lane divided arterial roadway from Bailey -Boswell Road to Boaz Road. In addition, new traffic signals will be designed at Old Decatur Road and Bailey -Boswell Road. Chiang, Patel &Yerby, Inc., has proposed to complete the final design plans and specifications for a lump sum fee of $461,660.13. City staff considers this fee to be fair and reasonable for the scope of services to be performed. Chiang, Patel &Yerby, Inc., is in compliance with the City's M/WBE Ordinance by committing to 27 percent M/WBE participation. The City's goal on this project is 26 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 33P and 33T. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements 2008 Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers C204 531200 207230129630 C204 531200 207230129651 C204 531200 207230129680 C204 533040 207230129681 $337,251.83 $101,125.00 $15,840.00 7 443.30 Logname: 200LDDECATURBAILEYBOAZDES Page 1 of 2 CERTIFICATIONS: Submitted for City Manager's Office bv. Originating Department Head: Additional Information Contact: Fernando Costa (8476) William Verkest (7801) Andy Anderson (8648) Michael Hasler (2442) ATTACHMENTS 1. Accounting Info.pdf (CFW Internal) 2. Attachment F Location Map_pdf (Public) 3. Contract Compliance Memo Old Decatur Road 01296.PDF 4. FAR 01296-2.pdf (CFW Internal) 5. FAR OLD DECATUR PART 2 (3).pdf (CFW Internal) 6. FAR Old Decatur Rd (3).pdf (CFW Internal) 7. Old Decatur Rd - 01296.pdf (CFW Internal) (CFW Internal) Logname: 200LDDECATURBAILEYBOAZDES Page 2 of 2