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HomeMy WebLinkAboutContract 40079CITY OF FORT WORTH, TEXAS am sECRena�rtvv CONTRACT NO, 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 Teague Nall and Perkins, Inc., (the "ENGINEER"), for a PROJECT generally described as: Storm Water Utility Project — Scott -Sunset Drainage Improvements (City No. 00628). 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 git��g city of Fort Worth, Texas DR Standard Agreement for Engineering Related Design Services CITY SECRETARY 6.30.09 Page 1 of 15 FT. WORTH, TX good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of to 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 2 of to 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. Al 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 Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of to 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 (M/VNBE) 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 enterprises in City contracts. Engineer acknowledges the M/VVBE 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 shall maintain commercial general liability (CGL} and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 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 Cl"d employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officersI directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 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. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A f�inimum 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 6.30.09 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 %J interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 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 thIV ENGINEER'0 performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 9 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 CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER'S Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 1. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 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, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 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's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification G. f� I. In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnifyho , liability for any damage caused intentional tort, intellectual prc subcontractor or supplier comn agent, consultant under contract, exercises control. Assignment 1 harmless, and defend the CITY against by or resulting from an act of negligence, party infringement, or failure to pay a fitted by the ENGINEER or ENGINEER's or another entity over which the ENGINEER Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. 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. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page K 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 -Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachmentt�E - Location Map Executed this the �t day of , 20L. ATTEST: Marty Hendry City Secretary APPROVED AS TO FORM Assistant ATTEST: Contract Authorization Hate CITY OF FORT WORTH Assistant City Manager �'� APPROVAL RECOMMENDED C� LEGALITY William A. Verkest, P.E. Director, Transportation and Public Works Department Teague Nall &Perkins, Inc. ENGINEER Name: Tit By: OFFICIAl. RECOIL® City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services CITY SECRETARY 6.30.09 Page 15 of 15 FT. WORTH, TX ATTACHMENT "A GENERAL SCORE OF SERVICES Design Services: SWU Project Scott -Sunset Drainage Improvements City Project No. 00628 Scope for Enaineering Desian Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER irr completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTI1lE The objectives of this project are to design and. construct storm drainage improvements which will address the reoccurring: flooding at the Scott Street -Sunset Lane intersection and to provide a proper outfall for the collected' storm water. The scope of'services consists of the preparation: of design and construction documents for new storm drain line in the DeaversAddition. The proposed storm drain line is designated as Line "C" Modified.in the Scott -Sunset Drainage -Study, dated March 12, 2009, and consists of approximately 1100 linear feet of pipe and, associated appurtenances; These improvements extend from the intersection of Deaver's Lane and Sunset Lane to an outfall at the West Fork of the Trinity River.. The scope of" work includes the design for the. relocation/replacement of approximately 500 feet of 8-inch sanitary sewer line. The work_ also includes right-of-way and easement research,, property, surveys and the preparation of up to three (3) easement documents: W�RK'TO BE PERFORMED Task 1'. Design Management Task2. Conceptual Design Task 3. Preliminary Design Task, 4. Final Design Task'5. Bid Phaser Services (not included in this initial scope of services) Task 6.. Construction_ Phase Services — (not included in this initial scope of services) Task 7. ROW/Easement Services: Task 8. Survey Services Task 9. Permitting. ATTAGNMENT `A` TO STANDARD AGREEMENT FCR ENGINEERING RELATED CESIGN SERVICES {REV 10-29-69) PAGE 1 CF iS TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress an the work. 1.1 Managing the Team » Lead, manage and direct design team activities Ensure quality control is practiced in performance of: the work » Communicate internally among team members Task and allocate team resources »- Conduct and document design team meetings. 1,2. Communications and Reporting Attend apre-design project kckoff'lchariering meeting with CITY staffi to canfrm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. Conduct and document periodic project update meetings. with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase: • Conduct up to two (2) review meetings with the CITY's Water Department regarding - the sanitary sewer relocation. • Prepare invoices and submit monthly in the format requested by the CITY:.: • Prepare and submit monthly progress reports in the format provided by the respective CITY Department: • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly; as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly MNVBE Report Form and Final Summary Payment Report Format the end of the project; Coordinate.with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design: » With respect to coordination with permitting authorities; ENGINEER shall' communicate with permitting: authorities such that their regulatory requirements are appropriately reflected in the -designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope ATTACH!AENT'A' To STANDARD AGREE!AENT FOR ENGINEERING RELATED DESIGN SERVICES(RE}! 7 a29.09} PAGE 20F ffi • Personnel and vehicie Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIQNS • Meetings wJCity Staff include: o One- (1) pre -design kick-off meeting; One (1) review meeting at the completion of the. City's review of the conceptual design, preliminary design and 90% final design (a total of 3 reviewmeetings); a Two. (2) review- meetings with.: Water Department (separate- from the Storm Water Project Review Team) for the purpose of reviewing sanitary sewer relocation design/plans; and o One (1) constructability review meeting • Design services will span up to 12 months; however it is assumed that the maximum number of weeks the design team is actually engaged in design activities is no more than 24 weeks: • Coordination is anticipated with the following .outside agencies, Tarrant. Regional Water District (TRWD); and US Army Corps of Engineers (USACOE)' Permits and/or approval may be required from the following permitting/regulatory agencies: o City of Fort Worth's Floodplain Administrator; Tarrant Regional Water District (TRWD); and a US Army Corps of Engineers'(USACOE) Plans will include: a Cover Sheet ('! sheet)_ General Notes (1 sheet) Project Control and Layout (1 sheet) 4 SUE Plan (6'sheets) o Drainage Area Map,.. Drainage Calculations &Storm Drain Hydraulic: Computations (2 sheets) 4 Storm Drain Plan -Profile (5 sheets): Sanitary Sewer Layout (1 sheet) o Sanitary Sewer Relocation Plan -Profile (2 sheets): ATTACHMENT °A` TO STANDARQAGREEMENi FQR ENGINEERING RELATED DESIGN SERVICES (REV ia29fi9i PAGE 3 OF 16 o Traffic Control Plan (2 sheets) Storm Water Pollution Prevention Plan (1 sheet) o Detait Sheets (3 sheets) DEGVERABLES A. Meeting summaries with action items B. Monthly invoices. C. Monthly progress reports D: Baseline design schedule E. Monthly schedule updates wi#h schedule narrative describing any current or anticipated schedule changes F: Monthly MNVBE Report Form and Final Summary Payment Report Form TASK Z CONCEPTUAL DESIGN (30 PERCENT)'. The.Conceptual. Design shall be submitted to CITY perthe approved, Project Schedule, The purpose of the conceptual design is for the ENGINEER to identify, develop; communicate.through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's'endorsement of this concept. ENGINEER'will develop the conceptual, design of the infrastructure as follows:. 2.1: 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, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any)' and property ownership as available from the Tax Assessor's office. 202: Drainage Computations ENGINEER will delineate the watershed based on contour data :and field verification and document existing street, right-of-'+ivay and storm drain capacities, for the subject site. A drainage area map will be drawn at maximum 1" 200' Scale from available 2-foot contour data with the countours labeled. Data source' aInd` year will be provided by the CITY. 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. All calculations shall conform to CITY criteria delineated in the CITY's Storm`Water Management Design Manual. All locations ATTACHFdENi °A" TO STANDARD AGREEFAENT FOR ENGINEERINGReLAiED DESIGN SERVICES (REV 100-09) PAGE 4 OF 16 in the project area where lMyear runoff exceeds available storm drain and right-of-way capacities shall be clearly identified.. The ENGINEER's responsibility includes recommendations for improvementsofthe existing system as deemed reasonable and consistent with CITY standards. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The SUE shall be performed in accordance with. CUASCE 3&02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project: limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps,."as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved` utilities. • Review records for: evidence or indication of additional available records0 duplicate or conflicting; information; need for clarification. • Develop SUE plan sheets and transfer information on all involved 'utilities to appropriate'design plan sheets, electronic files, and/or otherdocuments as required.,. Exercise professional judgment to resolve conflicting information. For information depicted, indicate; utility.type and ownership; date of. depiction; quality level(S); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level -C (includes tasks as described for Quality Level Di •. Identify surface features, from project topographic data and from field observations, that are surface, appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks: Survey surface features of subsurface utility facilities or systems.. • The survey shall also include(in addition to subsurface utility features visible at. the ground'.surface):"determination Of invert. elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment. to correlate data: from different sources, and to resolve conflicting information. • Update (orprepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional Surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets: AiTACNMENT'A'TO STAtdDARO AGREEtdENT FOR ENGINEEFdtJG RELATED DESIGN SERVICES (REV 19.23.09) PAGE 5 OF 16 QualityLeyel B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysica! methods) to search for and detect subsurface utilities within the project limits, and/or to trace a particular utility line or system. • Based on an interpretation of data; mark the indications of utilities -onthe ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines.. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems,. Resolve differences between designated' utilities and utility records and surveyed appurtenances.. • Recommend additional measures to resolve differences if they still exist.. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data, • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, 'utilize other means of data collection, storage; retrieval; and, reduction, that enables the correlation of surface geophysical data to the project's survey control. 2.4. The Conceptual Design Package shall Include -.the fallowing: • Written summary of "alternative design concepts considered, strengths and weaknesses of each; and the rationale for selecting the recommended design concept. • Cover sheet • Drainage area. map with supporting drainage computations in the CITY's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas.' • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements; and existing utilities gathered during the SUE within the project limits. • Horizontal alignment (excluding profiles) of proposed sanitary sewer relocation improvements; including;exis#!rig lot layout, streets; and existing utilities gathered during the SUE within the project limits. • Proposed "phasing of water, sanitary sewer, Street and drainage work documented in both the project schedule and narrative form. ® Coordination with City's Flood Plain Administrator, TWRq & USACOE • Documentation of key design decisions (Project Decision Log). • Opinions of probable construction cost: ATTAOHMENT'A' TO STANDARD AGREEMENT FOR ENGINEERING RESTED DESIGN SERVICES (REV 10-29.69} PAGfi6 OF t6 • Identification of easement and ROW needs. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • 8 copies of the conceptual design package wilt be delivered. Drawings will be half size (11" x 17"). • Attend one (1) review meeting with Storm Water Project Review Team as part: of this Task: • Attend one (1 }review meeting with Water Department as part of thin:Task: • ENGINEER shall not proceed with Preliminary Design activities without written. approval by the CITY of the Conceptual Design Package. DELIVERABLES: A. Conceptual Design. Package and electronic files in Adobe Acrobat PDF format (version 6.0` or higher). B. SUE Plan Sheets; signed and sealed by SUE provider, C. Reflect the. proposed phasing of water,. sanitary sewer, street and drainage. work in the Project Schedule. TASK 3; PRELIMINARY DESIGN (6Q PERCENT}. Preliminary plans shall be submitted to CITY per the approved Project Schedule: ENGINEER will develop the preliminary design of the infrastructure as follows. 3:1. Development of Preliminary Design Drawings shall include the following: • Cover Sheet. • Drainage area maps showing proposed improve ments'with drainage calculations: and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual„ March 2006. A Project Control Sheet, showing all. Control Points, used onset while gathering data. Generally on a scale of not less than 1:400. The following..information shall be indicated for each Control Point; Identified (existing City Monument #8901, PK. Nail; 5/6 Iron Rod); X, Y'and Z Coordinates, in an identified coordinate system, and a referred' bearing base. Zcoordinate on City Datum only descriptive location (i.e. 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): • Overall project easement layout sheet(s). ATTACHMENT `A' TO STANDARD AGREEMENT FDR EN6INEERiNG RELATED DESIGN SERVICES (REV 14-29,091 PAGc 7 dF i6 + SUE plan drawings. Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary` sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • Na less than two. bench marks per plan/profile sheet. • The ENGINEER will prepare standardand special. detail sheets that are not already included in the City's standard, details. These may include connection details between various parts. of the project, tunneling details, boring and jacking details,: waterline relocations, details unique to the construction of the project, trenchless details, and Special service lateral reconnections: Prepare separate drawings for sanitary sewer mains including a overall sanitary' sewer layout sheet and plan and profile drawings. • The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Plan and profile sheets which show the following: proposed sanitary sewer - plan/profile; recommended pipe size and manhole locations, existing utilities and utility easements, and all pertinent information needed to construct the project`. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The. ENGINEER. shall make provisions for reconnecting all identifiable wastewater service lines which connect directly tot any main being replaced, including replacement of existing service lines within City right-of4ay or utility easement. When the existing alignment of a sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to. the existing main and connect; said service lines to the relocated main: 3;2 Constructability Review + Prior to the 60 percent review meeting with; the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing 3:3 Public Meeting + After the. preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare. project exhibits, and`attend a public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. ATTACHMENT `A' TO STANDARD AGREEtAENT FOR EtdGINEERING RELATED DESIGN SERVICES. (REV 10.2R09) PAGE'8 OF 16 3.4 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities,. private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impactor influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall deliver approved preliminary construction plans to the CITY's Utility Coordinator for forwarding to all utility companies which have facilities within the limits of the project. 3.5 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals"' on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as<needed >for review and approval by Traffic Division ° of the Transportation and Public Works Department; These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • All storm water calculations and design shall' conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. + No Geotechnical Investigations will be required. • Traffic Control "Typicals" will be utilized to the extent possible: It is assumed an additional two (2} project specific traffic control sheets will be developed. • 10 full size (22" x 34') plans will be delivered for Utility, Clearance. • 1 full size (22" x 34") plans will be delivered for Constructability Review. • 8 half size (11it, x=17") drawings will be delivered for Preliminary Design. Attend one (1) review: meeting with Storm Water Project Review Team as part of this Task: • Attend one (1) review meeting with Water Department as part of this: Task. • Attend one (1) construetca ty review as part of this Task.. • Attend one (1) public meeting as part of this Task. ENGINEER will be available to support City's PM and to provide technical input. • City Staff will lead Public Meeting and prepare presentation • ENGINEER. will prepare up to three (3) mounted exhibits for Public Meeting. ATTAGHMENT'A"TO STANQARDAGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES rREV 1429-09j PAGE 9 OF t6 + ENGINEER shall not proceed with Final Design activities without written approval. by the CITY of the Preliminary Design plans: DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings. C. Documentation of key design decisions (Project Decision Log) D. Opinions of probable` construction cost E Public Meeting exhibits F'. Traffic Control Plans TASK 4: FINAL DESIGN (90 PERCENT) AND FINAL. CONSTRUCTION DOCUMENTS (100 PERCENT): Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows. « Final .draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. o-; The ENGINEER shall submit a final design opinion of probable construction cost with the final design plans submitted. This opinion of probable construction cost shall use ONLY standard CITY bid Items; + Fallowing a 90°lo construction plan review meeting with the CITYr the ENGINEER shall submit Final Plans {100%) to the CITY per the approved Project Schedule, Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS' • All storm watercalculations and, design shall conform to the City of Fort. Worth Storm' Water Management: Design Manual, March 2006. 8 half size (11" x 17")' and 1 full; size (22" x 34") drawings and 2 specifications will be delivered for the 90% design. • 1 full size (22" x 34") drawings and 2 specifications will be delivered for the 1 Q0%design. • Attend one (1) review meeting with Storm Water Project Review Team as part of this. Task (90% design}', + Estimated final sheet list. will. include: Q Cover Sheet ('I sheet): o General Notes: {1 sheet) a Project Control and Layout (1 sheet) ATTACNMEM °A' TO STANGARO AGREEI:9ENT FOR ENGINEERING RELATED DESIGN SERVICES (REV t4-2408) PAGE t0 GF i6 SUE Plan (6 sheets) Drainage Area Map, Drainage Calculations & Storm Drain Hydraulic Computations (2 sheets) o Storm Drain Plan -Profile (5 sheets) o Sanitary Sewer Layout (1 sheet) a Sanitary Sewer Relocation Plan -Profile (2 sheets) p Traffic Control Plan (2 sheets) Storm Water Pollution Prevention Plan (1 sheet) Special Detail Sheets (3 sheets) DELIVERABLES' A. 90% construction plans and specifications. B ; 100% construction plans and specifications; C. Documentation of key design decisions (Project Decision Log). D; Detailed opinions of probable construction cost for the authorized construction project; including summaries of bid items, and 'quantities using, the CITY's standard bid.items and format: E. Original mylar plans for the signatures- of authorized, CITY officials: TASK 5 8!D PHASE SERVICES. Bid Phase services are not included in this initial', scope of services due to the anticipated lengthy delay between completion of final design and construction. However, these services. may be added by amendment later; closer to when they will be rendered. TASK 6.- CONSTRUCTION: PHASE SERVICES. Construction Phase services are not included in this initial scope of services due to the anticipated lengthy delay between completion of final design and construction. However;. these services may be added by amendment later,, closer to when they will be rendered. TASK 7, ROW/EASEMENT SERVICES; ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. AA Right -of --Way Research and Property Surveys • The ENGINEER shall determine rights -of --way and easement needs for construction of the project.. Required temporary and permanent easements will. be identified based on available information and recommendations will be made for approval by the CITY. ATTACHhSENT'A' TQ STANDARD AGREEMENT FOR ENGINEERING RELATED CESIGN SERVICES {REV 10-29-d9j PAGE ti OF 16 • Property and deed research, property surveys, boundary analysis and mapping will be performed as necessary to re-establish and/or verify existing property lines in the field for the tracts from which new easement documents will be required. 7.2 Right-ofWay/Easement Preparation and Submittal`: • The ENGINEER shall prepare documents to be used to obtain right-of-way and. permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal—Temporaryright-of-entries for construction are not included in this initial. Scope of services due to the anticipated lengthy delay between completion of final design and construction. However, these services may be added by amendment later; closer to when they will_be rendered. ASSUMPTIONS Right -of -Way researchincludes review of property/right of way records based on current internet. based Tarrant Appraisal District (TAD) information available at: the start of the project and available On -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD; right-of-way takings; easement vacations and abandonments, right of way vacations; and street closures. • Anew easement will be required from up to three (3) parcels of land,. These properties include; Blk 2 Lot.1 Deavers Addition; Blk.3 Lot 1 R Deavers Addition, & Blk: 12 Lot 2CK Rivercrest Addition. • A maximum of three (3) separate documents. (parcel exhibit and metes &bound description) will be prepared for right=ofway, permanent and/or temporary easements: The scope of work for property surveys is more extensive than normal due to the assumption that the various tracts of land within the project area have been established over the years by multiple plats;, replats and or deeds (some dating back to the:1940's) and that there is very little or no reliable monumentation currently on the ground: DELIVERABLES A. Right -of -Way or easement exhibits and metes and bounds provided on CITY forms TASK $. SURVEY.. ENGINEER will provide survey'support"as follows. 8,1 Design Survey ATTACH0.4ENT'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES {REV 10-29.09j PAGE i 2 QP i $ • ENGINEER will perfonn 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, utilities as required by the SUE,, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), 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.. • The minimum survey information to be provided on the plans shall include the following; A Project Control Sheet; showing' ALL Control Points, used or set while gathering data, Generally on a scale of not less than 1:400; The following information about each Control Point a: Identified (Existing. CITY Monument #8901, PK Nail, 518" 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). • Coordinates on all P.C:'s, P.T:'s, P.I.`s, Manholes, Valves, etc., in the same' coordinate; system, as the Control: • No less than two horizontal bench marks, per line or location. 8:2. Temporary Right of Entry Preparation and' Submittal. • Prior to entering property for field survey, the ENGINEER shall prepare; mail and obtain -Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the: checklists and; templates available on the CITY's Buzzsaw site 8:3e Construction Survey - Construction Survey services are not included in this initial scope of services due to the anticipated lengthy delay between completion of final design and construction. However,: these services may be added by amendment later, closer to when they will be rendered. .ASSUMPTIONS Horizontal' datum fo, design surveys will be established using available IVV monuments and/or CITY benchmarks. • Right -of -entries will be obtained from only seven (7) properties where there is a need`for significant survey beyond the street.right-of-way: These properties include: 251 Sunset Lane (Blk. 2 Lot 1 Deavers Addition), 301 Sunset Lane (BIk; 2, Lot 2 Deavers. Addition), Nursery Lane (Blk. 3 Lot 1 R Deavers Addition), 304 Nursery Lane (Blk. 3 Lot.2R Deavers Addition), 301 Nursery Lane (Blk 2 Lot 2131R ATiNGHMENT'A` TO STANDARD AGREEMENT FOR FOR ENGINEERING RELATED DESIGN SERVICES (REV ta29.49) PAGE 130E t6 Rivercrest Addition), 317 Nursery Lane (Blk 12 Lot CXR Rivercrest Addition), at TRWD Tract (Blk. 12 Lot 2CK Rivercrest Addition). • Public notificatiorrvia informational door hangers will be prepared and provided to all residences_ adjacent to and within the general vicinity of the project area where field surveys will be performed. DELIVERABLES TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1: Storm Water Pollution Prevention Plan • For projects that disturb an area greate?r 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 drawingsand' details for proposed SWPPP improvement that the Contractor must use during, construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. Environmental Services • It is anticipated that the proposed construction vviq be performed underan US Army Corps of Engineers Section 404.NationMide Permit (NWP),,which will not; require a Pre -Construction Notice (PCN). However, ENGINEER shall provide a. limited review of environmental -related issues associated with the proposed storm drain line outfall into the West Fork of Trinity River, and prepare a brief documentation of those. findings in order to facilitate approval from both the. TRWD and the USACOE 9.3: Flaadplain Services • Negotiating and coordinating With the City's Floodplain Administrator to obtain approval. of a floodplain development permit for the work within the floodplain/floodway of the West Fork of the Trinity River.; • Completing all forms/applications necessary-. • Submitting forms/applications for CITY review and approval:.. • Responding to City's comments and requests. 9:4: Tarrant Regional Water District Approval' • Negotiating and coordinating' with TRD1N regarding the design of the proposed: improvements to obtain the appropriate approval, agreement;. and/or permits: • Completing all forms/applications necessary. • Submitting forms/applications for CITY review ATTACHMENF'A' TO STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES (REV 1(-29-49) FACE td GF 18 • Submitting revised forms far agency review • Responding to agency comments and requests. 9.5. U.S. Army Corps of Engineers Approval • Negotiating and coordinating with USACOE regarding the design of the proposed improvements to obtain the appropriate approval, agreement, and/or permits. Completing all forms/applications necessary, • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS « Permit preparation will begin after approval of the Conceptual. Design.. • Project requires at most a very. limited review and documentation of environmental issues. • Proposed construction will be performed`under an US Army Corps of Engineers Section 404 Nationwide Permit (NWP).. Project will not require a Pre -Construction Notice (PCN) to the USACOE. • Project will not require a CLOMR orLOMRO • Up to two (2) submittals -(preliminary & final)-to'TRWD • Meet: once with TRWD regarding the proposed design during this Task.. • Up to two (2) submittals (preliminary &final) o USACOE. • Meet once with U5ACOE regarding the proposed design during this Task: 3 Up to two (2) reviews (preliminary & final) of;floodplain; development application. • Meet once with City's: Floodplain Administrator regarding the floodplain development permit during this'Task. DELIVERABLES A. Storm Water Pollution Prevention Plan: B. l3rief' (limited) environmental documentation/letter-report.. C. City %J Fort Worth floodplairr development application. D. Any necessary forms or applications required by TRWD for review and approval of proposed improvements: ATTACHMENT'A' TO SFANOARD AGREEMENT FOR ENGINEERING REVtTED DESIGN SERVICES (REV 1U•2E-�9) ?AGE 15 CF 16 E. Any necessary forms or applications required by USACOE for review and approval of proposed improvements. ADDITIONAL SERVICES NOT INCLUDED {N THE EXISTING SCOPE Of= SERVICES Additional Services not included in the existing Scope of Services CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services; if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scopeof the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following. • Negotiation of easements or propertyaequisition, • Services related to development of the CITY`s project financing, and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection. and rebidding of the contract for construction. • Services related to preparing a PremConstruction Notice: (PCN) to the USACOE • Level A Subsurface: Utility Engineering services • Geotechnical Investigations • Bid phase services • Construction phase services. • Construction management and inspection services`: • Construction surveys, staking and layout, •! Performance of materials testing, or specialty testing Services' • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God, « Services related to warrantyclaims, enforcement and inspection after final completion: • Services °to support, prepare, document; bring, defend, or assist in litigation - undertaken or defended by the CITY. • Performance of miscellaneous and supplemental' services related to the project as requested by the CITY. ATTACHMENT "A` TO STANOARO AGREE!AENT fOR ENGINEERING RELATED OESIGN SERVICES (RE17 ta29-a9) PAGE 76 0E tfi ATTACHMENT "0 COMPENSATION AND SCHEDULE Design Services: SWU Project Sco"unset Drainage Improvements: City Project No. 00628 L CompenSatian A. The ENGINEER shall be compensated a total' lump. sum fee of One Hundred. Twenty -One Thousand, Eight Hundred' Twenty -Three dollars ($121.823),. as summarized in Exhibit " 134'. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment A, for all labor, materials, supplies, and equipment necessary to complet 6 the project. B. The. ENGINEER: shall. be> paid monthly payments 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. Il: Schedule. Final Plans and Contract Documents for bid. advertisement shall be submitted within Wn 14iindrpd. Savants -Six t2761 working days after the "Notice to Proceed" leuer is A,, Conceptual Engineering Plans shall be submitted to the: CITY within six 60 working days after the "Notice to Proceed" lefter is issued; B. Preliminary Engineering Plans and Contract Documents shall be submitted to the CITY within eighty. (80) working days after'receipt of CITY's review comments and: approval of the Conceptual; Engineering Plans': C.. Final Engineering Plans and Contract Documents shall be submitted to the CITY' within sixty (60) working days after receipt of ClWs review, comments and approval of the Preliminary Engineering Plans and Contract. Documents; and written direction from the CITY to proceed with the Final Design. D.: Final Plans and Contract Documents for Bid Advertisement shall be submitted to the CITY' within fifteen (15) working days after CITY's approval of the Finial Engineering Plans and Contract Documents. Rev 8-7-09 B-1 EXHIBIT "B>1" METHOD OF PAYMENT (Supplement to Attachment B) Design Services: SWU Project Sco"unset Drainage Improvements City Project No. 00628 I. Method of Payment Partial payment shale be made to the ENGINEER monthly upon City's approval of art invoice from the ENGINEERoutlining the estimated current percent complete of the total project-. The aggregate of such monthly partial fee payments shall not exceed the following:.. Until satisfactory completion of Conceptual:. Engineering plan submittal and approval' by the City, a sum not to exceed' thirty-five percent (35%) of the total lump sum fee (less fee for survey services fee): Until: satisfactory completion of Preliminary Construction Plan submittal and approval by the City, a sum not to exceed ninety percent (90%) of the total lump sum fee (less previous payments and fee for survey` services). Until- satisfactory completion of Final Construction plan submittal and approval by the City,; a sum not to exceed one hundred percent (100°t%) of the total lump sum fee (less previous payments and fee for survey services). II. Progress Reports: A. The ENGINEER' shall. submit to the: designated representative of -the Director of the Department of Transportation and Public Works monthly progress reports covering all phases of design in the format required' by the City; 130 If ENGINEER determines in the course of making design drawings and specifications that the opinion of probable construction cost of $481,000 (as. estimated in Exhibit 13-5) will be exceeded, whether by change in the scope of the project, increasedcost or other conditions, the ENGINEER shall immediately report such fact to the City's Director of the. Department of Transportation and Public Works and, if so instructed by the Director of the Department of Transportation and Public Works shall suspend all work hereunder, Rev 8-7-09 B-2 EXHIBIT "8-2" HOURLY RATE SCHEDULE {Supplement to Attachment B)' Design Services: SWU Project Scott -Sunset Drainage Improvements City Project. No. 00628` TNP's 2010 Standard Hourly Rate Schedule Engineer's Standard Hourly and Reimbursable. Rate Schedule (Effective January 1, 2010 to December 31, 2010*) Employee Classification Rate/Hour tRanae) Engineering7 Technical Fram - To Principal $150 $210 Per Hour Project Manager $120, - $200: Per Hour Senior Engineer $110 - $210 Per Hour Design Engineer. $85 - $140 Per Hour Landscape Architect/Planner $100: - $160 Per Hour Landscape Designer $70 - $100 Per Hour Senior Designer $100' - $150 Per Hour Designer $85 - $120 Per Hour. Senior CAD Technician $75 - $110 Per Hour CAD Technician. $60 - $90 Per Hour IT Consultant $120 - $150 Per Hour IT Technician $85$120 Per Hour Clerical $50 $80 Per Hour Resident Project Representative $70` - $110: Per Hour Land Agent $75 $90 Per Hour Surveyina From _ To Survey Office Manager $130 $170 Per Hour Registered Professional Land Surveyor $120 - $150 Per Hour S:I.T. $70 - $100 Per Hour Senior Survey Technician $70. $100 Per Hour Junior Survey Technician $50 $80 Per. Hour 2-person Field Crew w/Equipment' $115 Per Hour 3-Person Field Crew w/Equipment $125. Per Hour 4-Person Field Creww/Equipment $150 Per Hour 1-Person G.P.S. Crew w/Equipment. $125; Per Hour 2-Person G.P.S.Crew w/Equipment $145 Per Hour 3-Person G.4P.S. Crew w/Equipment $165 Per Hour 1-Person Robotic Crew w/Equipment $110 Per Hour 2-Person Robotic Crew w/Equipment $130 Per Hour Rev 8-7-09 B' - 3 EXHIBIT "B-2" HOURLY RATE SCHEDULE {Supplement to Attachment B) Direct Cost Reimbursabies Photocopies; Scans.& PDF Files: $Q.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $1.00/page letter, legal and I V x 17' size bond paper, color $2.00/page 22' x 34" and larger bond paper or vellum;, B&W $4.00/page 22" x 34" and larger bond paper or vellum; color Plots;: $1.00lpage $2.00/page $4.00/page $6.00/page $6.00/page Mileage $Q.SQ/mile. 11" x 17 size bond paper; B&W 11 x 17"' size bond paper; color 22"x34 and larger bond paper or vellum; B&W 22"x34 and larger bond: paper or -vellum, color 22"x34" and larger mylar or acetate, B&W * Rates shown: are for calendar year 2010 and are subject to change in subsequent years. All surf -contracted. and.: out -sourced. services will be billed` at rates -comparable to TiVP's billing rates shown above. Reproduction work will.. be at current commercial rate. Subcontractors will be paid for at acfual invoice cost plus 10% Rev 8-7-09 B-4. EXHIBIT "B-3" (Supplement to Attachment B) Design Services. SWU Project Scott -Sunset Drainage Improvements City Project No. 00628 SUMMARY OF' TOTAL PROJECT FEES Consulting Firrn Prime Consultant: Teague Nall.. and Perkins;.. Inc. Prime. Consultant?otal Proposed M/MtBE Sub Consultants' Survey Sub -Consultant (Una T. Ramey & Associates) Environmental Sub=Consultant {Integrated Environmental Solutions) MIWBE Total' Non-M/WBE Consultants: None Tf?TAL PROJECT FEES'. Praiect Description Drainage Improvements City MNVBE Goal = 20% Prime Responsibility Engineering. (Design); Project Mgmt.; Permitting; Property Surveys; and Easement Documents Design Surveys; Level D; C, & B Subsurface Utility Engineering Environmental Review Scope of Services: Design Services Total. Fen 121,823' Amounf $94,559 $94,559 24;2E4' 27,264. $'t 21",823 MWBE Fee $ 27,264 °!o 77.6% 77.6°l0 19:9% 22t4% 1.QQ:Q"/o MNVBE< Percent 22.4°!0 Rev 8-7-09 B-rJ n EXHIBIT " t3-3A" (Supplement to Attachment B) Design Services; SWU Project Scott -Sunset Drainage Improvements City Project No. 00628 SUMMARY OF TOTAL FEE AND BREAKDOWN OF DESIGN FEE (LESS SURVEY FEE): SUMMARY OF TOTAL FEE Service Description Drainage Total Design Phase En4ineering Services Task 1.-- Design Management $23280 $23,280 Task2., — Conceptual Design $16,636 $16,636 Task' 3. — Preliminary Design $23740 $23740 Task 4: — Final Design $12;400 $12,400 Task. 9. — Permitting Support Services $10,220 $10,220 Administrative Fee on Sub -Consultants $ 923 $ 923 Printing and Reproduction - 981 981 Subtotal (Design Phase) $88180 $88,180 Surve�Services Task 7. — ROW/Easement Services $130805 $13 805 Task` 8. — Survey Services_ $18035 $18035 Administrative Fee on Sub -Consultants 1 803; 1 t 803 Subtotal (Survey) $33643 $33,643 Total $421,823 ' $121,823 BREAKDOWN OF DRAINAGE .DESIGN FEES (LESS' SURVEY FEES a; Concept. (35%j = (Total Drainage Fee:— Survey Fee) x (0>3�) b: 'Preliminary(55%); _ (Total Drainage Fee _Survey=Fee) x (0:55) c. Finial (10%) _ (Total Drainage Fee — Survey Fee)x (0,10) $' 30,863.00 48499.00' $' 84818000 '- 88,180.00 Rev 8-7-09' 8-6 EXHIBIT "1:5-3B" (Supplement to Attachment B) Design Services: SWU Project Scott -Sunset Drainage Improvements City Project No. 00628 FEES FOR SURVEYING SERVICES Surveying Services; Drainage: Design Topographic Surreys (approx. 1,500 LF) Public Notification & Right. of Entry Administrative Fee on Sub -Consultants Subtotal (Drainage) Sanitary Sewer:. Design Topographic Surveys (approx. 500 LF) Public Notification & Right of Entry Administrative Fee on Sub -Consultants Subtotal (Sanitary, Sewer) ROWIEasement Surveys:: Right -of Way Research & Property Surveys Preparation of Easement.Documents Subtotal (ROW/Esmt.) T&PW and' Water Department Total for Surveying: Services: 14,100 $ 1,515 $ 1,5811 17,196 200 222 2,642 $! 11,460 $ 2,34q, $ 13,80.5 $ 33,643 Rev 8-7=09 a=7 EXHIBIT "B-3C" (Supplement to Attachment Bj Qesign Services: SWU Project Scott -Sunset Drainage Improvements City Project No. 00628 FEE FOR REPRODUCTION SERVICES Printing &Reproduction: Transportation &Public Works Department;-: Conceptual Plans: 8; sets of Plans (half-size) Subtotal 11 sets of Plans. (full-size) 8' sets of Plans (half-size) 2 sets of Specifications Subtotal Final Plans t90%) 1 set of Plans (full-size) 8 sets of Plans (halPsize); 2 sets of Specifications Subtotal Final Plans: f 100°fo): 1 set of Plans (full-size} 2 sets of Specifications 1 Set of Mylar,Plans (full-size) Subtotal Mounted Exhibits -for Public Meetings:> 3 Drawing_ s (Exhibit Boards) Subtotal Prin#ing &,Reproduction Total $9.20/sht. x 12 shtsaplan x 8 = $ 19.00 $ MOOview & Utility Clearance, $2.00/sht: x 20 shts./plan x 11 $ 440.00 $0.20/sht. x 20-shtsap1an x 8 $ 32.00 $a.10/sht. x 280 pgs./specs x 2 _ $ 56.00 $ 528:00 $2.00Isht. x 20'shts/plan x = $ 4a.0a $o.20/sht. x 20 shtsaplan x 8 $0A 0Isht. x 280 pgs /specs x 2 $ 56.00 $ 128.00 $2.OQ/skit. x;20 skits./plan x 1 = $ 40:00 $0.10isht. x 280 pgs;/specs x 2 _ $ 56.Q0' $6A01sht. x 20 shts./plan x 1$ 120.00 $ 216:00 $30.00/Board`x 3 each $ 90.Q0` so.00: $: 981.U0 Rev $•T-D9 UP w bit 1!In ���$$ I• i^ i fti-�I us It w all���$S$3Pi all lft 4`1 at_let.... "j I at I i I. I 'I• "sYB�I'I'be R=1 "I II I I aIt I a•i4 a 4 'll4 4 ''I' all I,y " s Iwbe I I^a'. .. -a at bl !" II � • be _I m be I ! I� 4 be _ 1 , I ., - Ilia '.,.. .�. I..i. �.I 5..�.SR i•.BI L I. r all " I a I" �I dg I I j l 1 "i "� bit^i be .I . .I. �' . l I .i. a� 'I I.I.I ' 1 �titia 1 Ilia be -eal �a L .. ltL i .�, _.I. ,�..I I•I a� Ia *1 1 -.i. f" •"A A j r- I �0 I l 7 I � I I:.RI I" Iu� i "1 I "• '" l i I I ( »I _ I I .,I •'ill .. . �� I I' I ��i' k, f I..� a' III 5 Ili" 111 lli II N" 'II I II lij III; f j1i�"be III IIIII jl I.f II .`. "A .b b".9- ( I 2 be �a � .I. . .L . t LI' $-13 *" I? I III x.81 �« ( be)Ih Ia:= ijl_I Fie 1 I.0 .L 4 T, a qrl as al to to ;-5 —alg AM ibal II• i--i^�0 'f ,� bar .I. .� I " eR�. .gl ..,.{ .�. ",.bi (. L We 1 ice("��'�9 In .I <la h j~I. I 1" j .I it I 1- �I I!all j" 101 ILL rn=�I �t lid ( 'r EAda 3$ o� � � g �� $, ,§d' bl 1 al I I ti I 11 �j y¢a B ! I I (I~ j .�) eSy-$�e" ,�� �� t I 34 j lifI j g _ ,�. I' 3i a @-i$ taMI a �! ry I I 31) 3,AI yy�jl �on$3�g�� § EI ( a 5 Bs%� Mn J. j1), �-� I P! p;` a $fl r�Jim; ( Hill YY 'I g$ � a�y��I Ii yyII66 E t S§I 5 0 �,gia� syp g 8�• f�� I Id 13�elIm€;yYI a 3 it$ g s$I� E a l� 6 ISI Y s` .beJ&w;w 3df3 ;•,.�I,I 5be I, §Ic �.€ "file l M a. €albe E �� I , 1 5 ICin. I'q f«.L it I Y& I ! ��, "�� iHbe "� z �noona nal nnon no as aoa non onn nanna EXHIBIT B-S. OPINION OF PROBABLE CONSTRUCTION COSTS (Supplement to Attachment B) DESIGN SERVICES: SWU PROJECT Scott -Sunset Drainage Improvements City Project No. 00628 TEAGUE NAtL AND PERK/NS !N� Opirrian of CONSULTING ENGINEERS' Clients City of Fort Worth City Project No. 00628 DOE No: 5560 Project: Scott -Sunset Drainage Study: TNP No:• FTWO6304 Title: Proposed lmprovements- New Storm Drainage Systems (Alternative 3) No. Soec Item Item Description Quantity Unit A13 Basis for Cost 1'roje 0 No Design Completed' ❑ PreliminaryDesign ❑ Final Design Construction Cost Date: 614120 Prepared By M, Checked By: M, Sheets 1 of 1 2 s AS EA $3 000 00, Pro $6l000 . > „A . 9 PAR At a .... �6 000 00, .w....... _. $6 000,. teDo r' ` 200 LF ` $25 001 $5 000 8 00 i .:.F ; :....... $55,00z3 300' $ 100'.: _ . �F $75 00 $7:500_ P, '.!I?e. _... ;.» .»-.. 100 j ,.F i $12500............ $12 500 Z 700- LF ;.._.. $110 001..., .... $77 000 .... 150 , LF $150 00: $22 500 pair _.. 700 LF $60 00 $42 000 _. u.. at SD Crossing t 3 EA $5 00000� $15`'000.. er Replacemenf 500 LF $50 00000 ,,. ._ .. i ...,... .... 25 .0 anhole 3 EA $2 000 00.61000 I Replacement 450 . LF $15001 $6 750 pait i 300 LF $40 00 $12 000' w a 51000 $2*00, $30 000 w Sol SP66a i EA I 12'000:00 $12*000 r•._ ..........w_... ._.... Sub: -Total Note:. This-0PC does not reflect engineering or technicafservices fees; orright-of-way/easementacquisition costs: 8-10 ATTACHMENT "G" GRANGES AND AMENDMENTS Tt�STANDARD AGREEMENT besi'0 Services4 SWU Projecfi; Scott -Sunset Drainage Improvements City Project No. 00628 I. Changes and Amendments to Standard Agreement for Engineering. Services Other than set forth in Attachment "A"; no changes to the Standard. Agreement. are proposed'. G-1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Progi �Dept.s PMO ISubjecto Schedule Specificatior 1.0 Attachment D — Proiect Schedule i}aie: June 30, FQ RT WO This PROTECT requires a Tier 3 schedule as de,Ltrned herein and iit the CihL's Sclzedttle Guidnnee Document: D1 CONSULTING SERVICES SCHEDULE DEVELOPMENT: Tine 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). Tlie approved scheduling software systems for creating the schedule files are: — Primavera (Version b.1 or later or approved by CITY); 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 2003/2007or later or approved by CITY} D2. BASELINE CONSULTING SERVICES SCHEDULE: Following.notice4o-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the: Agreement requirements and approach, for performing the work. The CONSULTANT will prepare the. final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal' of the first project invoice; The following guidelines shall be adhered to in preparing. the baseline schedule, and as described in further detail in. the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure. (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work c. The schedule should: include appropriate meetings, review°periods,: critical decision points, including third party utility dependencies and reviewing agencies. D3; PROGRESS CONSULTING. SERVICES SCHEDULE: The CONSULTANT shall shall prepare and submit monthly to the.CITY for approval_ the updated schedule in accordance Zvith 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. Thee -updated. schedule submittal shall.. also include a concise schedule narrative thaf highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays; GITY'QF FORT WORTH, TEXAS 1 OF2 PROGRAM MANAGEMENT OFFICE • 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 behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition; the MY 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 SPECIA;>✓ INSTRUCTIONS: Tlie requirements. for.. the schedule are determined. based on the nature and needs of the. project The. schedule tier for this, projectis stated at the top of this document.. CONSULTANT shall., each schedule relying on, the CITY's current Schedule Guidance Document. D6: SCHEDULE StTBMTTTAL AND PAYMENT: As stafed in, III.A.(1): of the: Agreement, CONSULTANT shall. provide the information: required by Attachment 'Do CONSULTANT'S- monthly invoices wi11 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 CTTY's current Schedule Guidance, Document. CITY OF FART WORTH; TEXAS 2 OF 2' PRQGRAM MANAGEMENT OFFICE'. LOCATI (�N MAP ATTACHMENT 'E' SCOTi"-SUNSETR► �QTH C DRAINAGE IMPROVEMENTS •�,,,aFM JUNE 2009 DOE ,( 5560 City of Fort Worth, Texas Mayor and Council u COUNCIL ACTION: Approved on 4/6/2010 unication DATE: Tuesday, Apri106, 2010 REFERENCE NO.: **C-24151 LOG NAME. 20SCOTT—SUNSETDRAINAGE SUB.IECT: Authorize an Engineering Agreement in the Amount of $121,823.00 with Teague Nall AD le, s, Inc., for the Scott —Sunset Drainage Improvements (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $121,823.00 for design of the Scott —Sunset Drainage Improvements. The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve streams, minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review and increased public education and outreach. On October 16, 2007, the City Council approved the issuance and sale, of bonds to fund capital improvements in the storm water utility system scheduled over the next two years. The proceeds from these bonds comprise the Storm Water Capital Projects 2007 Revenue Bond Fund. Street flooding and drainage issues were reported and confirmed in the Scott —Sunset area. A request for qualifications to provide drainage design was issued by the City in January of 2006 and twenty—four (24) design consultants submitted statements of qualifications, including Teague Nall and Perkins, Inc. Teague Nall and Perkins, Inc., was selected to study the drainage in this area and to provide subsequent design services for any identified drainage improvements for the Scott —Sunset Drainage Improvements Project (City Project No. 00628). On August 9, 2007, the City Council authorized the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., (City Secretary Contract No. C-22294) in the amount of $52,020.00 for a study of the Scott —Sunset area. The contract was amended administratively on December 9, 2008, increasing the total study cost to $66,199,00, The study has been completed. The design services for the subject engineering agreement will include the following: storm drain and pavement design; preparation of engineering plans and contract documents for the bidding and construction of the recommended improvements. Teague Nall and Perkins, Inc., proposes to perform the design services for a lump sum fee of $121,823.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $22,340.00 is required for project management by the Transportation/Public Works Department, Teague Nall and Perkins, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on the project is 20 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 61 W&X. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund. TITM I I_� •: • 11 207280062831 1 863900 • 11 207280062832 49911 • 11 207280062833 11 • 11 207280062851 $3164100 CERTIFICATIONS: Submitted for City Manager's Office by* Fernando Costa (8476) Originating Department Head: William Verkest (7801) Additional Information Contact: Mike Owen (8079) ATTACHMENTS I. BFT SWM00142.pdf 2. FUNDS AVAILABLE.doc 3. MAP 20SCOTT—SUNSETDRAINAGE. ddf 4. MWBE 20ScottSunset(31.pdf 5. PMP 20SCOTT—SUNSET DRAINAGE (3).12df