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Contract 39764
CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTPIp CT NO, 3S2.64. 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 Graham Associates, Inc., (the "ENGINEER"), for a PROJECT generally described as: Hulen Street from Carriage Crossing Drive to Rancho Verde Parkway. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 1 of 15 OFFICIAL RECOR[� CITY SECRETARY FT. WORTH, TX j (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (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 15 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 15 f F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 4 of 15 E I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business 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. M/MBE goals are shown in Attachment B-3. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 5 of 15 K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. 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 the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 15 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 15 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. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 8 of 15 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page vol 15 A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 15 (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 ME. 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 with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 15 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. 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 IT �. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 15 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 work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 15 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. 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 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 -Scope of Services Attachment B — Compensation (Including Attachments 13-1 thru 134) Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule _ 0 - Q4 0 3 Q Attachment E - Location Map contract Authorization Executed this the _ day of , 20101bate- ATTEST: CITY OF FORT WORTH Marty Hendrix City Secretary PPROVED By: o���ti;���� Assistant City Manager ,0©anoo°o °° °p'A���� APPROVAL RECOMMENDED � ox °10 °°° William Verkest, .E. °00000000 4 Director, Transporation & Public Works TO FORM ALITY Graham Associates, Inc. nt City Attorney ATTEST: President By: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 15 of 15 OFF{CIAL REGDRD CITY SECRETARY T. NORTH, TX ATTACHMENT A DESIGN SERVICES: PAVING, DRAINAGE, &WATER 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, storm drainage, & water improvements for the following: Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 Upon receipt of notice to proceed, the ENGINEER will perform the following tasks: PART A —PRE-ENGINEERING 1. Initial Data Collection a. Pre -Design Coordination Meetings ENGINEER will attend and document meetings, as required, to discuss and coordinate various aspects of the project and to ensure that the project stays on schedule. For purposes of establishing a level of comfort, two (2) meetings are anticipated. These include the following: One (1) pre -design kick-off meeting, (including 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 pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, City Master plans, CITY drainage complaint files, existing applicable drainage studies and property ownership as EA2-1 Rev 02/05/09 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 all forms necessary for City to obtain permit letters from TxDOT 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 02/05/09 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, 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. =OR= If Right of Entry acquisition is required for field surveys or other work on EA2-3 Rev 02/05/09 this project, mail -outs will be prepared for approval by CITY PPW 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 60 days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish five (5) copies of the concept engineering plans which include layouts, preliminary right-of-way needs and cost estimates for the ENGINEER's recommended plan. The ENGINEER shall also evaluate the phasing of the water, sanitary sewer, street and drainage work, and shall submit such evaluation in writing to the City as a part of the concept phase of the project. 2. Preliminary Engineering EA2-4 Rev 02/OS/09 Upon approval of Part B, Paragraph IV, ENGINEER will prepare construction plans as 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 cross -sections will be developed, from the survey notes, 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 02/O5/09 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. 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 wHi be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". k. Utility Clearance Phase The ENGINEER will consult with the City's Transportation and Public Works Department, Water Department, and other CITY departments, 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. ENGINEER will design City facilities to avoid or minimize conflicts with existing utilities. EA2-6 Rev 02/05/09 The ENGINEER shall deliver a minimum of 13 sets of 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. I. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 80 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 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 database listing the names and addresses of all residents and business to EA2-7 Rev 02/05/09 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 "Typicals" 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 60 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 Rev 02/OS/09 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, five (5) copies of the final cross - sections 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. For 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. Sinaular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: EA2-9 Rev 02/05/09 I. TPW file name example — "W-1956_org47.pdf where "W4956" 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 I1. 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 e-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. He 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 Administration Rev 02/05/09 EA2-10 a. Bid Documents The ENGINEER shall print hard copies of plans and documents will be made available to potential bidders. Engineer shall be reimbursed for plans and documents under Attachment 13-2. 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. The ENGINEER shall assist in reviewing the bids for completeness and accuracy. The ENGINEER shall attend the project bid opening, develop bid tabulations in hard copy and electronic format and return four (4) copies of the bid tabulation, along with the contract documents to the City within three (3) working days after bid openings. 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 EA2-11 Rev 02/05/09 CITY. The ENGINEER shall attend the "Final" project inspection and assist City with preparation of final punch list, as requested by CITY. PART D —CONSTRUCTION STAKING ENGINEER, if directed by City, will set control points (i.e. tie survey to permanent monument such as TPW monuments and/or property corners, one location each at beginning and end of project) for the project, these points must be indivisible. Streets over 500 ft or streets on curves may require a greater density of control points to maintain intervisibility between each point. ENGINEER shall establish a minimum of two bench marks per plan sheet (bench marks shall be located adjacent to project) and shall provide the following construction staking services: 1. STORM DRAIN STAKING: Provide an offset stake at 100' intervals (50' intervals in curves if required) and at all proposed manholes, points of curve, points of tangent, points of pipe size changes and at all horizontal or vertical angle points with a cut to flow line and a cut/fill to the top of proposed manholes. Provide centerline elevation at 100' intervals and at all grade breaks in the natural ground. Lead lines shall also be staked with grades if greater than 50' in length, or where substantial alignment and/or grade are needed. Provide two offset stakes at end or each wing of each curb inlet with a cut to flow line and a cut/fill to the top of curb elevation. Line and grade shall be set to a tolerance of +/- 0.1 ft. for storm drain pipe and +/- 0.04 ft. for curb inlets. 2. ROADWAY EXCAVATION STAKING: Provide 10' or property line offset at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb. The right-of-way shall also be flagged during this process along with line and grade stakes for excavation purposes. Stake all vertical and horizontal curves at 50' intervals. Line and grade shall be set to a tolerance of +/- 0.1 ft. 3. FINAL ROADWAY STAKING: Provide 4' or 5' offset stakes at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with acut/fill to the top of proposed curb. Staking for curb grade and intersecting streets, if required, shall be performed under final pavement staking. Inlets shall be staked if needed. Set tacks in offset hubs for street alignment. Stake all vertical and horizontal curves at 50' intervals and provide intermediate stakes between curve points, if the radius is less than 3005. Line and grade shall be set to a tolerance of +/- 0.01 ft. EA2-12 Rev 02/05/09 4. "AS STAKED" RECORD OF THE CONSTRUCTION: Throughout the process of all construction, locate and record anything that does not conform with the construction plans. A drawing of the project layout with dimensions and a coordinate list must be submitted. Contact Kevin Hansen, Survey Division, DOE, (817) 392-8880, for a copy of sample field notes that must be submitted. The contractor will not be allowed to proceed until all necessary field notes have been submitted to the City Inspector. The field notes must include the following information: a. For storm drain lines and storm drain laterals; Pipe size and type, percent of grade of laterals and location of inlets. Cut and fill documentation. b. For roadways; Field notes signed and sealed by a licensed surveyor must be submitted to the City Inspector prior to the beginning of construction. 5. COORDINATION WITH CITY INSPECTOR/CONTRACTOR: Engineer's surveyor is expected to work with inspector and contractor to provide any special requests contractor may have providing the scope of work described above is not exceeded. It is expected that a few stakes will be knocked out during dirt work. Providing that the number of disturbed stakes is minor (less than 10% of the stakes for any phase of the project), the Engineer's surveyor shall replace these stakes at no extra cost. If additional major restaking is required, the consulting engineer's surveyor, shall provide the additional work at an hourly rate of $120 per hour for a field crew. Major restaking may be required if a substantial number of the initial stakes are knocked down as a result of the contractor's activity and there are not enough stakes left to complete the project. The prime contractor shall be responsible for paying the consulting engineer for this additional work. 6. INCIDENTAL PRE -CONSTRUCTION STAKING: Right-of-way flagging, back of curb location, driveways, walks and retag walls as requested by the City Inspector, curb radii (to determine construction location) for utility clearance. 7. SPECIAL CONDITIONS: a. The City Inspector assigned to the project shall oversee all construction staking EA2-13 Rev 02/05/09 activity and shall be responsible for all field coordination. Ali documentation including field notes, cut and/or fill notes, grades, "as staked" information etc., shall be provided to the City inspector and shall be sealed and signed by a surveyor licensed in the State of Texas. b. The Engineer's Surveyor shall attend the pre -construction conference. c. The Engineer's Surveyor shall meet with City Inspector and Contractor to coordinate surveying schedule and needs prior to beginning work. d. The Engineer's Surveyor shall stake each utility separately and at different times with, if applicable, sanitary sewer first, water second, storm drain third and roadway construction fourth and shall provide enough construction staking information so that the projects can be constructed as designed. e. A member of Engineer's firm familiar with project shall be available at all times to immediately respond to questions from the field. EA2-14 Rev 02/05/09 ATTACHMENT B (Section 1) Design Services for Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 PROFESSIONAL SERVICES FEE SUMMARY Transportation &Public Works: Paving &DIinage $ 89,800.00 Water Department Water Improvements $19,541.00 Total Paving, Drainage, Water $1091341.00 Special Services: Transportation &Public Works: Topographic Survey $17,110.00 Erosion Control Plans & SW3P $41960.00 Traffic Control Plan $8,600.00 Meetings, Reports, Specifications $6,925.00 Printing & Reproduction (See Attachment 13-2) $4,500000 Construction Related Services Bid Opening , Review, Bid Tabulations $1,730800 Construction Staking $11,405.00 Final Field Inspection, As Builts $5,330400 Geotechnical Services $7,950.00 Administrative (10%) Fee on M/WBE firms 3 557.00 Special Services TP&W Subtotal $720067.00 TOTAL PROJECT FEE $181,408.00 ATTACHMENT B (Section 2) Design Services for Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 CONCEPTUAL PLANS Paving &Drainage Water Improvements Topographic Survey Meetings, Report Printing Geotechnical Services Administrative BREAKDOWN OF BILLING STAGES 89,800.00 (25% FEE) x $ 19,541.00 (100% FEE) x $ 17,110.00 (35% FEE) x $ 6,925.00 (15% FEE) x $ 4,500.00 (100% FEE) x $ 7,950.00 % M/WBE FIRMS PRELIMINARY CONSTRUCTION PLANS Paving &Drainage Water Improvements Erosion Control & SW3P Traffic Control Meetings, Specs Printing Administrative SUB -TOTAL 40% FEE) (x $ 89,800.00 (40% FEE) x $ 19,541.00 (60% FEE) x $ 4,960.00 (60% FEE) x $ 8,600.00 (25% FEE) x $ 6,925.00 (35% FEE) x $ 4,500.00 % M/WBE FIRMS FINAL CONSTRUCTION PLANS Paving &Drainage Water Improvements Erosion Control & SW3P Traffic Control Meetings, Specs Printing Administrative CONSTRUCTION PERIOD Paving &Drainage Water Improvements Erosion Control & SW3P Traffic Control SUB -TOTAL (25% FEE) x $ 89,800.00 19,541.00 (30% FEE) x $ 4,960.00 (30% FEE) x $ 8,600.00 (30% FEE) x $ 6,925.00 (40% FEE) x $ 4,500.00 % M/WBE FIRMS SUB -TOTAL (10% FEE) x $ 89,800.00 (10% FEE) x $ 19,541.00 (10% FEE) x $ 4,960.00 (10% FEE) x $ 8,600.00 $ 22,450.00 _ $ 4,885.25 $ 17,110.00 $ 2,423.75 _ $ 675.00 $ 7,950.00 _ $ 1,500.00 $ 56,994.00 $ 7,816.40 $ 2,976.00 _ $ 5,160900 $ 1,731.25 $ 1,575.00 $ 1,200.00 $ 5637865 ,. _ $ 22,450.00 _ $ 1,488.00 $ 2,580.00 _ $ 2,077.50 $ 1,800.00 $ 501.30 $ 35,782.05 $ 496.00 _ $ 860.00 ATTACHMENT B (Section 2) Meetings Printing Administrative Bid Opening, Review, etc. Construction Staking Field Inspection, As-Builts (107b FEE) x $ 6,925.00 (10% FEE) x $ 4,500.00 10% MMBE FIRMS (100% FEE) (100% FEE) (100% FEE) SUB -TOTAL TOTAL $ 692.50 $ 450.00 $ 355.70 $ 1,730.00 $ 11,405.00 $ 5,330.00 $ 32,253.30 00 0 0 0 O O O O O o O O o o o o o o o O o O O O 0 0 0 0 m O O O 0 o 0 o o o o o o 0 0 0 0 0 0 0 0 O O o p 00 d O C7 O 0 In W d d 0 d O O t7 0 0 L6 to 0 p 0 N O N O t7 N co � O f0 O O O V t� V O M to a (DO N N coO 0 N N M M M r' to M 0) co CC) N 7 CO M tT O N CDO O a- CA h M v0. j r V N M N n t� N N to 44 V tn N� M M CO LO Cs 69 CN (H (9 oD 64 6% o) (i) 6% � 6% fA V vi v Ui � EA 64 E9 � fH fA Vi 69 d3 ei co 6% (a t0 l0 O O co �p m O '� co O O O 7 O O CO O [Y O O O O O O O O O O O t0 r O.0 co O 69 � �N., U aTi f7 N co O O O O O O O CD O Cl CD CD O O O O O O O O O O co co U 69) a aTi N O O O O O O O O O CDO O CDO O O O 'D 'DO 'D CD CD 'DC 4q- CO 10 N N m O V% V' O O O O O O O O O O O O O O O O O O O O O O O O O C la 60 2 M O N d' Co O (D '� M co N CO qt(0 V V N M CO O O O ct O FA Ln U W N M N CO coLn � CA CD O N M V V' � V O O O N O = to f» ~ d Z U O O O N O N N Nclul t() W O O O O CO I lcrlco lulftl l I F� lqllt I a� rn WO O � co O N C O O N O N t0 V (0 %CTN (D N N 00 0 (D NT p) M N N N O N M M 'O N al C O co N N N O N of O r CO CO N W N M N V cq co W coLo 09 cm N N c C W cq O N N 0 'd' V' N N N (0 N aD a0 co .N-- O 69 C N Cl) to a 0 V� o 00 O o o o o o o o o o o 0 0 0 O 0 0 o v v O •c in a v U) .0 (D O N v C �' N C%qNmse N C T E O OQ V! V) Y N ,O :0 a) `O O O U N .J O tp y_ .� O >> OU a NC U O OUL Cc CO _ UONUv O N C CMQ N aL O) C U d 0 E o � a) we �rna a) 0 E g a) o o ON T OQ N� ai Oof]1 wFt� ZT N° ul f-CL Q� 0 o in a U in aC CoU) 0)Ua - W� U �� Qm ATTACHMENT B-2 Design Services for Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 FEE FOR REPRODUCTION SERVICES Printing &Reproduction: Transports#ion &Public Works and Water Department; Conceptual Design Report: 5 sets of Report $0.25 /pg. X 25 pages/report x 5 Preliminary &Utility Clearance: 16 sets of Const. Plans $1.00/sht. x 39 sht./plan x 16 2 sets pf Specifications $0.25/sht. x 200 pg/specs x 2 Final Plans: 5 sets of Const. Plans 5 sets of Specifications Const Documents: 20 Sets of Const. Plans 20 Sets of Specifications $1.00/Sheet x 60 sht./plan x 5 $0.20/sheet x 280 Pg/Spec x 5 $0.90/sheet x 60 Sht./Plan x 20 $0.18/sheet x 280 pg/spec x 20 Mounted Exhibits for Public Meeting 1 Drawings $60.00/Board x 1 each Final Mylars for Record Purposes 1 Set of Plans $2.75/Sht x 60Sht./Plan x 1 Printing &Reproduction Subtotal Additional Printing Required Total Printing Transportation &Public Work 300.00 280.00 Is: 11 $ 60.00 $ 165.00 $ 3648125 $ 851.75 $ 4500600 1 1 AND AMI Design Services for Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibillty Amount % Prime Consultant: Graham Associates, Inc. Surveying, Engineering $1410151.00 77.81 Proposed M/WBE Sub -Consultants Amount % TSIT 30% of Geotechnical $2,386,00 1.31 GM Enterprises 20% of Geotechnical $1,690000 0.88 Profile Consultants CAD Drafting $12y766s00 7.04 Criado & Associates, Inc. Water Line Design & Drafting $191541.00 10.77 Non=MtWBE Consultants: Amount Landtech Engineers 50% of Geotechnical $ 3,975.00 2.19 NONE N/A N/A N/A Project Description Scope of Services City M/WBE Goal = 20 MNVBE SUB -CONSULTANT INFORMATION GM ENTERPRISES Glen Morales Phone: 817-5724827 Fax: 817-572-5046 PROFILE CONSULTANTS Rey Roca Phone: 817-385-8833 Fax: 817-385-8838 Total Fee $ 181,408.00 $36,282.00 TSIT Terry Smith Phone: 817-822-4825 Fax: 817-5904433 Percent CRIADO &ASSOCIATES INC. Cristina Criado, P.E. Phone: 97M92-9092 Fax: 972-392-9192 0% 2 ATTACHMENT "B-4" GRAHAM ASSOCIATES, INC. ESTABLISHED HOURLY RATES PRINCIPAL SENIOR ENGINEER REGISTERED PUBLIC SURVEYOR SENIOR HYDROLOGIST REGISTERED ENGINEER GRADUATE ENGINEER GRADUATE HYDROLOGIST It-Y x�� ��C�1 �:�►�'I TECHNICIAN III TECHNICIAN II TECHNICIAN I 3 MAN SURVEY CREW 2 MAN SURVEY CREW CLERICAL CARD STATION $125.00 $125.00 $125.00 $100.00 $90.00 $95.00 $90.00 $75.00 $60.00 $40.00 $140.00 $120.00 $35.00 $25.00 Based on an overhead employee rate of 35% and approximate multiplier of 2.6 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT AND ATTACHMENT A Design Services Jul Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 No changes to the standard agreement Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORTWORTH Dept • PMO Subject: Schedule Specifications Version:1,0 Effective Date: June 30, 2009 Attachment D - Project Schedule a Tier 3 sI Document. and in i D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved by CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Primavera Sure I rak (Version 3.x or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later 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 milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. — D3. PROGRESS CONSULTING -SERVICES SCHEDULE: -The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, CITY OF FORT WORTH, TEXAS 1 OF 2 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 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 inof the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. CITY OF FORT WORTH, TEXAS 2 OF 2 PROGRAM MANAGEMENT OFFICE ATTACHMENT "E" LOCATION MAP Design Services for Hulen Street From Carriage Crossing Drive to Rancho Verde Parkway City Project No. 01365 Page 1 of 2 City of Fort Worth, Texas Mayor and Council C !j11"I unication COUNCIL ACTION: Approved on 1/26/2010 -Ordinance No. 19003-01-2010 DATE: Tuesday, January 26, 2010 LOG NAME: 20HULEN STREET DESIGN GRAHAM REFERENCE NO.: **C-24032 SUBJECT: Authorize the Execution of an Engineering Services Agreement in the Amount of $181,408.00 with Graham Associates, Inc., for the Design of Hulen Street from McPherson Boulevard to West Cleburne Road and Adopt Appropriation Ordinance (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $258,000.00 in the TPW Gas Well Revenues Fund from available funds; and 2. Authorize the City Manager to execute an Engineering Services Agreement in the amount of $181,408.00 with Graham Associates, Inc., for the design of Hulen Street from McPherson Boulevard to West Cleburne Road. DISCUSSION: The scope of services for this Engineering Agreement includes design of one-half of the paving plus all of the required storm drain and water line improvements along Hulen Street as a new arterial roadway from McPherson Boulevard to West Cleburne Road. Only one-half of the planned four lane arterial will be built right now. Graham Associates, Inc., has proposed to complete the final design plans and specifications for a lump sum fee of $181,408.00. City staff considers this fee to be fair and reasonable for the scope of services to be performed. Funding for this project would come from undesignated gas well revenues. Graham Associates, Inc., is in compliance with the City's M/WBE Ordinance by committing to 20 percent MWBE participation. The City's goal on this project is 20 percent. This project is located in COUNCIL DISTRICT 6, Mapsco 103W and 117A. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the TPW Gas Well Revenues Fund. FUND CENTERS: TO Fund/Account/Centers 2 C223 446200 201929990200 2)C223 541200 201929990200 FROM Fund/Account/Centers $258,000.00 C223 531200 206230136530 $258,000.00 C223 531200 206230136551 C223 531200 206230136580 C223 533040 206230136581 $141,333.00 $17,110.00 $7,060.00 4 500.00 http://apps. cfwnet. org/ecouncil/printmc. asp?id=1273 4&print=true&DocType=Print 1/29/2010 Page 2 of 2 GERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: C223 531200 206230136552 Fernando Costa (8476) William Verkest (7801) Michael Hasler (2442) Patrick Buckley (2443) ATTACHMENTS 1. 2 Attachment A.doc (CFW Internal) 2. 20HULEN STREET DESIGN GRAHAM AO.doc 3. 20HULEN STREET DESIGN GRAHAM MAP.doc 4. Accounting Info.pdf (CFW Internal) 5. FAR Hulert_Street 01365 (3)_pdf (CFW Internal) 6. Hulen Attachment B.PDF (CFW Internal) 7. Hulen MWBE Contract Compliance Memo.PDF (Public) (Public) (CFW Internal) 8. Revised FAR Hulen Street Desgin.pdf (CFW Internal) $11,405.00 http: //apps. cfwnet. org/ecounci 1/printmc. asp?id=1273 4&print=true&DocType=Print 1 /29/2010