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HomeMy WebLinkAboutContract 39970CITY OF FORT WORTH, TEXAS CITY SECRETARY 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 Dunaway Associates L.P., (the "ENGINEER"), for a PROJECT generally described as: the Design of Summer Creek Drive at Three Locations (COUNCIL DISTRICT 6). Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II C®mpensation 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 1D good faith within 60 days of the amount due, the ENGINEER may, after giving >Y City of Fort Worth, Texas c Standard Agreement for Engineering Related Design Services Page 1 of 16 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 16 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 3 of 16 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 16 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. 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 16 (. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 6 of 16 c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY Cl"d 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 7 of 16 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 U5,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. 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 16 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 9 of 16 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 10 of 16 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 11 of 16 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 12 of 16 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' 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 13 of 16 E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation , Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 14 of 16 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 15 of 16 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed this the i I day of / V 120109 Marty HendG�x � �� City Secretary APPROVED AS TO FI�SRM AND LEGALITY Assistant` City'IAttorney ATTEST: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services 6.30.09 Page 16 of 16 By: CITY OF FORT WORTH Fernando Assistant City Manager APPROVAL RECOMMENDED William VerKest, P"E. / Director Transportation & Public Works Department Dunaway Associates, L.P Tobv K. Ford Title: Vice President By: OFFICIAL �F���b eITY SECI�� � ��Y FT. WORTH, ATTACHMENT General Scope of Services "Scope of Services set forth herein can only be modified by additions, deletions set forth in the supplemental Scope of Services. In cases of Supplemental Scope of Services and the General Scope of Services, the of Services shall have precedence over the General Scope of Services." GENERAL 1) Preliminary Conference with City clarifications, and/or conflict between the Supplemental Scope The Engineer shall attend preliminary conferences with authorized representatives of the City regarding the scope of project so that the plans and specifications which are to be developed hereunder by the Engineer will result in providing facilities which are economical in design and conform to the City's requirements and budgetary constraints. 2) Coordination with Outside Agencies/Public Entities The Engineer shall coordinate with officials of other outside agencies as may be necessary for the design of the proposed street, and storm drain and/or water and wastewater facilities/improvements. It shall be the Engineer's duty hereunder to secure necessary information from such outside agencies, to meet their requirements. 3) Geotechnicallnvestigations The Engineer shall advise the City of test borings, and other subsurface investigations that may be needed. In the event it is determined necessary to make borings or excavate test holes or pits, the Engineer shall in coordination with the City and the City's geotechnical engineering consultant, draw up specifications for such testing program. The cost of the borings or excavations shall be paid for by the City. 4) Agreements and Permits The Engineer shall complete forms/applications to allow the City of Fort Worth to obtain agreements and/or permits normally required for a project of this size and type. The Engineer will be responsible for negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits and will make revisions necessary to bring the plans into compliance with the requirements of said agency, including but not limited to highways, railroads, water authorities, Corps of Engineers and other utilities. 5) Design Changes Relating to Permitting Authorities If permitting authorities require design changes, the Engineer shall revise the plans and specifications as required at the Engineers own cost and expense, unless such changes are required due to changes in the design of the facilities made by the permitting authority. If such changes are required, the Engineer shall notify the City and an amendment to the contract shall be made if the Engineer incurs additional cost. If - 1 - there are unavoidable delays, a mutually agreeable and reasonable time extension shall be negotiated. 6) Plan Submittal Copies of the original plans shall be provided on reproducible Iylar or approved plastic film sheets, or as otherwise approved by the Department of Engineering and shall become the property of the City. City may use such drawings in any manner it desires; provided, however that the Engineer shall not be liable for the use of such drawings for any project other than the project described herein; and further provided, that the Engineer shall not be liable for the consequences of any changes that are made to the drawings or changes that are made in the implementation of the drawings without the written approval of the Engineer. PHASE 1 7) Right -of -Way, Easement and Land Acquisition Needs The Engineer shall determine the rights -of -way, easement needs for the construction of the project. Engineer shall determine ownership of such land and furnish the City with the necessary right-of-way sketches, prepare necessary easement descriptions for acquiring the rights -of -way and/or easements for the construction of this project. Sketches and easement descriptions are to be presented in form suitable for direct use by the Department of Engineering in obtaining rights -of -way, easements, permits and licensing agreements. All materials shall be furnished on the appropriate City forms in a minimum of four (4) copies each. 8) Design Survey The Engineer shall provide necessary field survey for use in the preparation of Plans and Speccations. The Engineer shall furnish the City certified copies of the field data. 9) Utility Coordination The Engineer shall coordinate with utilities, including utilities owned by the City, as to proposed utility liens or adjustment to existing utility lines within the project limits. The information obtained shall be shown on the conceptual plans. The Engineer shall show on the preliminary and final plans the location of the proposed utility lines, existing utility lines, based on the information provided by the utility, and adjustments and/or relocation of the existing lines within the project limits. The Engineer shall also evaluate the phasing of the water, wastewater, street and drainage work, and shall submit such evaluation in writing to the City as part of this phase of the project. -2- 10) Conceptual Plans The Engineer shall furnish two (2) full size &five (5) half size copies of the Phase 1 concept engineering plans which include layouts, preliminary right-of-way needs and preliminary estimates of probable construction costs for the Engineer's recommended pIan. For all submittals, the Engineer shall submit plans and documents for street/storm drain and water/wastewater facilities. The Engineer shall receive written approval of the Phase 1 Plans from the City's project manager before proceeding with Phase 2. PHASE 2 11) Design Data The Engineer shall provide design data, reports, cross -sections, profiles, drainage calculations, and preliminary estimates of probable construction cost. 12) Preliminary Construction Plans and Technical Specifications The Engineer shall submit eighteen (18) full size &five (5) half size copies of Phase 2 preliminary construction plans and two (2) copies of the preliminary technical specifications for review by the City and for submission to utility companies and other agencies for the purposes of coordinating work with existing and proposed utilities. The preliminary construction plans shall indicate location of existing/proposed utilities and storm drain lines. The Engineer shall receive written approval of the Phase 2 plans from the City's project manager before proceeding with Phase 3. PHASE 3 13) 14) 15) Final Construction Plans The Engineer shall furnish two construction plans and five (5) City. Detailed Cost Estimate (2) full size &five (5) half size copies of the final copies of the contract specifications for review by, the The Engineer shall furnish four (4) copies of detailed estimates of probable construction costs for the authorized construction project, which shall include summaries of bid items and quantities. Plans and Specification Approval The Engineer shall furnish an original cover mylar for the signatures of authorized City officials. The Contract Documents shall comply with applicable local, state and federal laws and with applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. The Engineer shall receive written approval of the Phase 3 plans from the City's project manager before proceeding with Phase 4. -3- PHASE 4 10) Final Approved Construction Plans The Engineer shall furnish two (2) full size &ten (10) half size bound copies of Phase 4 final approved construction plans and ten (10) copies of the contract specifications. The approved plans and contract specifications shall be used as authorized by the City for use in obtaining bids, awarding contracts, and constructing the project. 17) Bidding Assistance The Engineer shall issue addenda as appropriate to interpret, clarify, or expand the bidding documents, and assist the owner in determining the qualifications and acceptability of prospective constructors, subcontractors, and suppliers. When substitution prior to the award of contracts is allowed by the bidding documents, the Engineer will advise the owner as to the acceptability of alternate materials and equipment proposed by the prospective constructors. 18) Recommendation of Award The Engineer shall assist in the tabulation and review of all bids received for the construction of the project and shall make a recommendation of award to the City. 19) Pre -bid Conference The Engineer shall attend the prebid conference and the bid opening, prepare bid tabulation sheets and provide assistance to the owner in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment, and services. PHASE 5 20) Preconstruction Conference The Engineer shall attend the preconstruction conference. 21) Construction Survey The Engineer shall be available to the City on matters concerning the layout of the project during its construction and will set control points in the field to allow City survey crews to stake the project. The setting of line and grade stakes and route inspection of construction will be performed by the City. 22) Site Visits The Engineer shall visit the project site at appropriate intervals as construction proceeds to observe and report on the progress and the quality of the executed work. -4- 23) Shop Drawing Review The Engineer shall review shop and erection drawings submitted by the contractor for compliance with design concepts. The Engineer shall review laboratory, shop, and mill test reports on materials and equipment. 24) Instructions to Contractor The Engineer shall provide necessary interpretations and clarifications of contract documents, review change orders and make recommendations as to the acceptability of the work, at the request of the City. 25) Differing Site Conditions The Engineer shall prepare sketches required to resolve problems due to actual field conditions encountered, 26) Record Drawings The Engineer shall prepare record drawings from information submitted by the contractor. -5- EXHIBIT "A-2" SUPPLEMENTAL SCOPE OF SERVICES (SUPPLEMENT TO ATTACHMENT "A") DESIGN SERVICES: PAVING AND/OR DRAINAGE IMPROVEMENTS SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT N0.00997 The following is a clarification of the tasks that the ENGINEER will perform under ATTACHMENT "A". Work under this attachment includes engineering services for paving and/or storm drain improvements for the following: 1. Design of a new 4-lane segment of Summer Creek Drive from Risinger to McPherson Blvd., including traffic signal design for Risinger Rd. and McPherson intersections (Segment 1); 2. Design of the southbound 2 lanes of Summer Creek Dr. from Summer Park to Risinger Rd. (Segment 2); 3. Design of the westbound 2 lanes of McPherson Blvd. from the school property to Summer Creek Dr. (Segment 3); It is assumed that 1 set of bidding documents will be prepared in 2 parts; 1 — Segment 1 (Summer Creek Drive from Risinger to McPherson Blvd.) 2 — Segments 2 & 3 (Summer Park to Risinger Rd. & McPherson Blvd. from the school property to Summer Creek Dr.) 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 EA2-1 Rev 02/OS/09 3 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 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 Rev 02/OS/09 EA2-2 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. 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. EA2-3 Rev 02/OS/09 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 Personnel/Vehicle 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 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, City 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. EA2-4 Rev 02/O5/09 ivI Conceptual Engineering Plan Submittal a. Conceptual plans shall be submitted to City 42 working days after Notice to Proceed Letter is issued. b. The ENGINEER shall furnish two (2) full size and five (5) half size 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 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 EA2-5 Rev 02/OS/09 drain mains and leads shall be provided. d. Existing utilities and uty 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. 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. Rev 02/OS/09 EA2-6 j. Right-of--way/Easement Preparation and Submittal Preparation and submittal of right -of --way, easements and rights -of --entry will be in conformance with "Submittal of Information to Real Property Division for Acquisition of Property". k. Utility Clearance Phase The ENGINEER 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. 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. Preliminary Construction Plan Submittal i. Preliminary construction plans and specifications shall be submitted to CITY 30 working days after approval of Part B, Paragraph IV. ii. The ENGINEER shall deliver electronic DWG files, two (2) full size and five (5) half size sets of preliminary construction plans and two (2) speccations 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) EA2-7 Rev 02/OS/09 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 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 EA2-8 Rev 02/05/09 Transportation and Public Works Department . 3. Final Construction Plan Submittal a. Final Construction Documents shall be submitted to CITY 25 working 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) full size and five (5) half size sets of plans and five (5) copies of the construction contract documents within 15 days of CITY's final approval. Plan sets shall be used for Part C activities. b. ENGINEER's Estimate of Probable Construction Cost The ENGINEER shall submit a final estimate of probable construction cost with the final plans submitted. c. Furnish as a function of final plans, two (2) copies of the final 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 EA2-9 Rev 02/05/09 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. Singular PDF files for each sheet of a plan set will not be accepted. PDF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the City of Fort Worth, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf 11. 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 EA2-10 Rev 02/OS/09 and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. PART C -PRE-CONSTRUCTION ASSISTANCE Administration a. Bid Documents The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Hard copies of documents will not be made available to potential bidders. Contract documents shall be uploaded in pdf files and the plans in pdf and dwf files. b. Bidding Assistance The ENGINEER shall assist the CITY during this phase including preparation and delivery of any additional addenda prior to bid opening to plan holders and respond to questions submitted to CITY by prospective bidders. The ENGINEER shall upload all addenda onto Buzzsaw. The ENGINEER shall attend the scheduled pre -bid conference. 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 two (2) full size and ten (10) half size sets of the EA2-11 Rev 02/05/09 final approved and dated plans and ten (10) copies of the specifications and contract documents for the projects to the CITY for distribution to the contractor and City personnel. c. Assistance During Construction The ENGINEER shall attend the pre -construction conference for the project. The ENGINEER shall also consult with and advise the CITY on design and/or construction changes, if necessary. The ENGINEER shall make periodic site visits during construction and provide documentation of the observations made, as requested by CITY. The ENGINEER shall attend the "Final' project inspection and assist City with preparation of final punch list, as requested by Ira EA2-12 Rev 02/OS/09 II. ATTACHMENT "B" COMPENSATION AND SCHEDULE SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT N0.00997 Compensation A. The Engineer shall be compensated a total fee of $444,283 which includes a lump sum fee of $438,283 and a not to exceed fee of $6,000 for assistance during construction which will be paid on a reimbursable basis. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" and Exhibit "A-2" for all labor, materials, supplies, and equipment necessary to complete the project. B. The Engineer shall be paid monthly as described in Exhibit "B-1", Section 1 - Compensation C. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer Schedule Final Plans and Contract Documents for bid advertisement shall be submitted within 107 working days (Does not include City review time.) after the "Notice to Proceed" letter is issued. A. Conceptual Engineering Plans - 42 working days B. Preliminary Engineering plans and Contract Documents - 30 working days C. Final Engineering Plans and Contract Documents - 25 working days D. Final plans and Contract documents for bid Advertisement - 10 working days B-1 O5-Atiachment-B 09-03.27.doc EXHIBIT "13-1" METHOD OF PAYMENT (SUPPLEMENT TO ATTACHMENT "B") SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 I. Compensation Partial payment shall be made monthly upon City's approval of an invoice from the ENGINEER outlining the estimated current percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Exhibit "A-2", Conceptual Engineering Plans submittal and approval by the City, a sum not to exceed 30 percent of the maximum fee. Until satisfactory completion of Exhibit "A-2", Preliminary Construction Plans submittal, a sum not to exceed 60 percent of the maximum fee, less pervious payments. Until satisfactory completion of Exhibit It ;I Final Construction Plans submittal and approval by the City, a sum not to exceed 90 percent of the maximum fee, less previous payments. The balance of the earnings, less previous payments, shall be payable after the Pre - Construction meetings for the Project has been conducted. II. Progress Report A. The Engineer shall submit to the designated representative of the Director of the Transportation &Public Works Department monthly progress reports covering all phases of the design by the 15th of every month in the format required by the City. B. If the Engineer determines in the course of making design drawings and specifications that the opinion of probable construction cost of $4,529,024 (as estimated in Exhibit "134") will be exceeded, whether by change in the scope of the project, increased cost or other conditions, the Engineer shall immediately report such fact to the City's Transportation & Public Works Department and, if so instructed by the Director of the Transportation & Public Works Department shall suspend all work hereunder. EB1 - 1 05-Attachment-B 09-03.27.doc EXHIBIT "B-2" HOURLY RATE SCHEDULE (SUPPLEMENT TO ATTACHMENT "B") SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT NO. 00997 2009 Standard Rate Schedule* Employee Classification Rate/Hour (or Range) Administrative $55-$75 Cadd Technician 60- 95 Design Technician $80-$110 Department Director $150-$190 Design Engineer $90-$130 Project Manager $90-$145 Principal $150-$220 Special Consulting $225 Reimbursable Cost + 10% Mileage $0.55 Per Mile Reproduction work will be at current commercial rate. Subcontractors will be paid for at actual invoice cost plus ten percent (10%). *These rates are subject to adjustment after December 2009. EB2-1 05-Attachment-B 09-03.27.doc EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) SUMMARY OF TOTAL PROJECT FEES PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD Consulting firm Prime Consultant Dunaway Associates, L.P. M/WBE Consultants: Gorrondona & Associates, Inc. Civil Structures, Inc. Hugo Trevino STL Engineering Total Fee Amount City Project No. 00997 Prime Responsibility Engineering &Project Management Fee Amount $ 332,172 Percent 75% Survey, ROW Docs., SUE $ 71,500 16% Bridge Foundation Design $ 10,610 2% Reproduction $ 41526 1% Geotechnical, Pavement Design Report $ 25,446 6% $ 444,283 100% Proiect Description Scope of Service Engineering Services Paving, Drainage, & Signal Design City's MWBE goal for this project Exhibit8-3.xls Total Fee MWWBE Fee Percent $ 444,283 $ 112,112 25% EXHIBIT "B-3B" (SUPPLEMENT TO ATTACHMENT B) PROFESSIONAL SERVICES FEE SUMMARY PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD City Project No. 00997 SUMMER CREEK DR. (RISINGER TO McPHERSON) ENGINEERING DESIGN Opinion of Probable Construction Costs X Curve A X 85% $ 3,472,974 6,45% 85% $ 190,406 SURVEY DESIGN $ 26,500 REPRODUCTION $ 51807 ADDITIONAL SERVICES $ 86,578 10% FOR SUB $ 51882 SUBTOTAL $ 315,172 SUMMER CREEK DR. (SUMMER PARK TO RISINGER) ENGINEERING DESIGN Opinion of Probable Construction Costs X Curve A X 85% $ 538,351 6,45% 85% $ 29,515 SURVEY $ 119025 REPRODUCTION $ 11452 ADDITIONAL SERVICES $ 18,663 10% FOR SUB $ 21234 SUBTOTAL $ 62,889 McPHERSON BLVD. (SCHOOL TO SUMMER CREEK) ENGINEERING DESIGN Opinion of Probable Construction Costs X Curve A X 85% $ 517,699 6,45% 85% $ 28,383 SURVEY $ 14,850 REPRODUCTION $ 11452 ADDITIONAL SERVICES $ 18,898 10% FOR SUB $ 21640 SUBTOTAL $ 66,222 TOTAL $ 444,283 Ezhibi163.x15 EB3B EXHIBIT "B-3C" (SUPPLEMENT TO ATTACHMENT B) TOTAL FEE SUMMARY &DESIGN FEE BREAKDOWN PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD City Project No. 00997 A SUMMARY OF TOTAL FEE Service Description Segment 1 Se ment 2 Se ment 3 Total Engineering Services $ 202,094 $ 33,201 $ 32,474 $ 267,769 Additional Services $ 86,578 $ 18,663 $ 18,898 $ 124,139 Surveying Fee $ 26,500 $ 11,025 $ 14,850 $ 52,375 Total $ 315,172 $ 62,889 $ 662222 $ 444,283 B BREAKDOWN OF PAVING &DRAINAGE FEES (Less Survey Fees) 1 Total Paving Fee (less Survey Fees) Breakdown by Concept, Preliminary and Final Design a. Concept (30%) _ (Total Paving Fee -Survey Fees) X (0.3) _ $ 117,572 b. Preliminary (60%) _ (Total Paving Fee -Survey Fees) X (0.6) _ $ 235,145 c. Final (10%) = (Total Paving Fee - Survey Fees) X (0.1) = $ 392191 ExhibitB-3.x15 EB-3C EXHIBIT "B-3D" (SUPPLEMENT TO ATTACHMENT B) FEES FOR SURVEYING SERVICES PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD City Project No. 00997 SUMMER CREEK DR. (RISINGER TO McPHERSON) Topographic Surveys 31500 LF x $ 5.00 $ 17,500 ROW Parcels 5 @ $ 11800,00 $ 91000 SUMMER CREEK DR. (SUMMER PARK TO RISINGER) Topographic Surveys 21050 LF x $ 4.50 $ 91225 ROW Parcels 1 $ 1,800,00 $ 11800 McPHERSON BLVD. (SCHOOL TO SUMMER CREEK) Topographic Surveys 2100 LF x $ 4.50 $ 91450 ROW Parcels 3 $ 1,800.00 $ 51400 Survey Services Total Exhibit6-3.xls 52,375 EXHIBIT "B-3E" (SUPPLEMENT TO ATTACHMENT B) FEES FOR REPRODUCTION SERVICES PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED VATH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD City Project No. 00997 1 Concept Reports — SETS $ / SHEET SHEETS Plans ($2.20/sheet x sheets/set) 2 $ 2.20 60 $ Plans (Half Size) ($0.50/sheet x sheets/set) 5 $ 0.50 60 $ 2 Preliminary Design — Plans (Preliminary review & utility review) ($2.20/sheet xsheets/set) Plans (Half Size) ($0.50/sheet x sheets/set) Specs * ($0.25/page x pages/report) 3 Final Construction Plan Submitta Plans ($2.20/sheet x sheets/set) Plans (Half Size) ($0.50/sheet x sheets/set) Specs ($0.25/page x pages/report) 4 Bid Advertisement - Plans ($2.20/sheet xsheets/set) Specs * ($0.25/page x pages/report) 5 Preconstruction Assistance Plans (Full Size) ($2.20/sheet x sheets/set) Plans (Half Size) ($0.50/sheet x sheets/set) Specs ($0.25/page x pages/report) 6 SWPPP Specs ($65.00/book) 7 Final Mylars Plans * ($15.20/sheet x sheets/set) 8 Public Meetings Mounted Exhibits ($35.00/sheet x sheets/set) Reproduction Services Subtotal - Segment 1 Reproduction Services Subtotal - Segments 2 & 3 Reproduction Services Total * M/WBE Reproduction Total - Segment i * MN BE Reproduction Total - Segments 2 & 3 M/WBE Reproduction Total * Note: MWBE Reproduction represented by asterisk Exhibit8-3.xls 2 $ 0.50 60 $ TOTAL 264 150 1,980 CY9 125 2 TOTAL 264 150 1,980 CY9 125 2 $ 2.20 60 $ 2s4 5 $ 0.50 60 $ 150 5 $ 0.25 250 $ 313 2 $ 2.20 60 $ 264 10 $ 0.50 60 $ 300 10 $ 0.25 250 $ 625 4 $ 65.00 1 $ 260 1 $ 15.20 60 $ 912 1 $ 35.00 4 $ 140 $ 5,807 $ 2,903 $ 81710 $ 3,017 $ 1,509 $ 41626 EXHIBIT "B-3F" (SUPPLEMENT TO ATTACHMENT B) FEES FOR ADDITIONAL SERVICES PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BOULEVARD City Project No. 00997 SUMMER CREEK DR. (SUMMER PARK TO RISINGER) General Additional Services: 404 Nationwide Permit $ 30,168 Hydrologic Study $ 18,500 Bridge Scour analysis $ 11500 Subsurface Utility Engineering $ 81750 SWPPP $ 31000 Geotech. (road & bridge borings, Pvmt. Design Report) $ 12,960 Monthly Reports & Meetings (up to four) $ 11000 Bid Assistance $ - Pre -construction meeting (one) $ 200 Erosion Control Plan $ 31000 Traffic Control Plan $ 31000 Public meeting (one) $ 11500 Construction Assistance $ 3,000 SUBTOTAL $ 86,578 SUMMER CREEK DR. (SUMMER PARK TO RISINGER) SWPPP $ 1,500 Subsurface Utility Engineering $ 51125 Geotech (Pavement Design Report) $ 61188 Monthly Reports & Meetings (up to four) $ 500 Bid Assistance $ - Pre -construction meeting (one) $ 100 Public meeting (one) $ 750 Traffic Control Plan $ 11500 Erosion Control Plan $ 11500 Construction Assistance $ 12500 SUBTOTAL $ 18,663 McPHERSON BLVD. (SCHOOL TO SUMMER CREEK) SWPPP $ 1,500 Subsurface Utility Engineering $ 5,250 Geotech (Pavement Design Report) $ 61298 Monthly Reports & Meetings (up to four) $ 500 Bid Assistance $ - Pre -construction meeting (one) $ 100 Public meeting (one) $ 750 Traffic Control Plan $ 11500 Erosion Control Plan $ 11500 Construction Assistance $ 11500 SUBTOTAL $ 18,898 Additional Services Grand Total $ 124,139 ExhibitB-3.xls EB-3F EXHIBIT "0-4" (SUPPLEMENT TO ATTACHMENT B) OPINION OF PROBABLE CONSTRUCTION COST PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DR. RISINGER RD. TO McPHERSON BLVD. CITY PROJECT NO. 00997 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST TE DESCRIPTION QUANTITY UNIT PRICE AMOUNT SUMMER CREEK DRIVE SEGMENT 1 - 4 LANE DIVIDED 110 FT ROW 3' 500 LF 1. EXCAVATION Summer Creek Drive 1 Demucking for low area excavation 71500,00 CY $ 3.00 $ 22,500.00 2 Unclassified street excavation 40,000,00 CY $ 5.00 $ 200,000600 3 Site clearing and rubbin 15.65 AC $ 21500,00 $ 39,125.00 4 SWPPP Maintenance 1.00 LS $ 20,000000 $ 20,000,00 5 Traffic Control and Barricades 3,500.00 LF $ 4.85 $ 16,975.00 SUBTOTAL $ 298,600.00 II. PAVING Summer Creek Drive Segment 1 6-inch Lime 20,510,00 SY $ 3.00 $ 61,530,00 1 2 Lime @ 33lbs/sy 338.42 TN $ 110.00 $ 37,225.65 3 7-inch Reinforced Concrete Pavement 27' F-F 19,100.00 SY $ 42.00 $ 802,200,00 4 7-inch concrete curb 61200,00 LF $ 3.00 $ 18,600,00 5 6-inch concrete curb 6,200.00 LF $ 2.50 $ 15,500000 6 4400t sidewalk 24,800,00 SF $ 3.50 $ 86,800000 7 ADA Wheel Chair Ramps 4.00 EA $ 1,100.00 $ 41400600 8 IStreet Light Base 15.00 EA $ 11400,00 $ 21,000,00 9 Electric Conduit (Sch 40 PVC 31500,00 LF $ 8.00 $ 28,000.00 10 Si nalization 2.00 EA $ 175,000000 $ 350,000.00 11 Pavement Marking 71000,00 LF $ 4.25 $ 290750000 12 Grass Hydro mulch Seeding 11,700,00 SY $ 0.60 $ 71020600 SUBTOTAL $ 1,462,025.65 EB4-7 EXHIBIT "B-4" (SUPPLEMENT TO ATTACHMENT B) OPINION OF PROBABLE CONSTRUCTION COST PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DR, RISINGER RD. TO McPHERSON BLVD. CITY PROJECT NO. 00997 TEP4 DESCRIPTION jWUA14111T, UNIT PRICE IAMOUNT SUMMER CREEK DRIVE SEGMENT 1 - 4 LANE DIVIDED I IV FT ROW 3 500 LF III. STORM WATER COLLECTION SYSTEM Summer Creek Drive Segment 1 1 RCPch Class III 320.00 LF $ 65.00 $ 203800,00 2 RCPch Class 111 200.00 LF $ 85.00 $ 171000,00 3 10-foot curb inlet 6.00 EA $ 2,850.00 $ 17,100,00 4 20-foot curb inlet 2000 EA $ 5/700800 $ WOMMUMN 11,400.00 5 36-inch sloped Type "B" headwall 4.00 EA $ 11900,00 $ 71600,00 6 18" - 24" ri -rap400.00 SY $ 65.00 $ 26,000000 7 3 - 9'x6' RCBC 375.00 LF $ 500.00 $ 187,500000 8 9'x 6' WINGWALL P HW=9 FT 2000 EA $ 40,000,00 $ 80,000,00 9 jConSpan Bridge System 1.00 LS $ 11000,000000 $ 11000,000,00 10 ITrench S fety 520.00 LF $ 1.50 $ 780.00 SUBTOTAL $ 1,368,180.00 SUBTOTAL PROBABLE CONSTRUCTION COST (Summer Creek Drive SegmeN $ 3,128,805.65 SUMMER CREEK DRIVE -SEGMENT 1 SUBTOTAL PROBABLE CONSTRUCTION COST -SEGMENT 1 $ 3,128,805.65 MOBILIZATION 1% of Construction Costs $ 31,288406 10% CONTINGENCY $ 3129880057 TOTAL PROBABLE CONSTRUCTION COST** $ 3,472,974.27 Notes: Unit costs used in the development of this estimate are based on projects in Tarrant County of similar type withi This estimate is based on the conceptual alingment prepared by Dunaway Associates in April 2008 and currenit Based on the conceptual alignment, rehabilitation of the existing dam is not needed and therefore has been exc Effort for coordinating, obtaining or preparing right of way acquisition has been excluded. Based on the conceptual alignment, it is assumed an Individual Permit (404) is not required and all work will be Landscaping and irrigation costs are excluded from this estimate Water and Sewer Design are to be prepared by others and therefore excluded from this estimate EXHIBIT "B-4" OPINION OF PROBABLE CONSTRUCTION COST PAVING AND/OR DRAINAGE DESIGN SERVICES ASSOCIATED WITH SUMMER CREEK DR, RISINGER RD, TO McPHERSON BLVD. CITY PROJECT NO. 00997 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST ITEM DESCRIPTION QUANTITY I UNIT PRICE AMOUNT SUMMER CREEK DRIVE - Se ° ment 2 '- South'Bound Lanes 2 050 LF I. EXCAVATION Summer Creek Drive Segment 2 1 Unclassified street excavation 11,500,00 CY $ 5.00 $ 57$00.00 2 Site clearing and grubbing 5.18 AC $ 2,500.00 $ 12,950,00 3 Temporary Construction Entrance 1.00 LS $ 21500,00 $ 21500,00 4 SWPPP Maintenance 1.00 EA $ 41000,00 $ 4,000.00 5 Traffic Control and Barricades 21050,00 LF $ 4.85 $ 9,942.50 SUBTOTAL $ 86 892.50 II. PAVING Summer Creek Drive Se ment 2 1 6-inch Lime Stabilized Subgrade 61860,00 SY $ 3.00 $ 20,580.00 2 Lime 0, 33lbs/sy 113.00 TN $ 110.00 $ 12,430,00 3 7-inch Reinforced Concrete Pavement 27' F-F 6,400.00 SY $ 42.00 $ 268,800,00 4 6-inch Concrete curb 2,050.00 LF $ 2.50 $ 52125,00 5 7-inch Concrete curb 2,050.00 LF $ 3.00 $ 61150,00 6 4-foot Sidewalk 8;200.001 SF $ 3.50 $ 287700,00 7 ADA Wheel Chair Rams 2.00 EA $ 1,100.00 1 $ 21200.00 8 Pavement Marking 2,895.00 LF $ 3.50 $ 10,132,50 9 Street Si na e 1.00 LS $ 21500,00 $ 2,500.00 10 Grass Hydro mulch Seeding 9,250.00 SY $ 0.60 $ 52550,00 SUBTOTAL $ 362167.50 1 21-inch Class III RCP 150.00 LF $ 45.00 $ 61750,00 2 30-inch Class III RCP 85.00 LF $ 65.00 $ 51525,00 3 20400t curb inlet 4.00 EA $ 51500.00 $ 22,000,00 4 Connect to Existing Storm Sewer 4.00 EA $ 11500,00 $ 61000,00 5 Trench Safety 50.00 LF $ 1.50 $ 75.00 SUBTOTAL 40 350.00 PW SUMMER CREEK DRIVE - SEGMENT 2 SUBTOTAL PROBABLE CONSTRUCTION COST $ 4891410.00 10% CONTINGENCY $ 48,941400 TOTAL PROBABLE CONSTRUCTION COST** $ 538,351.00 CONSULTANT FEES 10%-12% OF CONSTRUCTION COSTS PRELIMINARY AND FINAL ENGINEERING, SURVEY &ENVIRONMENTAL Unit costs used in the development of this estimate are based on projects in Tarrant County of similar type within the last 12 months. This estimate is based on the conceptual alignment prepared by Dunaway Associates in April 2008 and currently published City of Fort Worth Stce Based on the conceptual alignment, rehabilitation of the existing dam is not needed and therefore has been excluded from this estimate. Effort for coordinating, obtaining or preparing right of way acquisition has been excluded. Based on the conceptual alignment, it is assumed an Individual Permit (404) is not required and all work will be covered under a Nationwide Per Landscaping and irrigation costs are excluded from this estimate E84-3 EXHIBIT "B-4" OPINION OF PROBABLE CONSTRUCTION COST PAVING AND/OR DRAINAGE SERVICES ASSOCIATED WITH SUMMER CREEK DR, RISINGER RD. TO McPHERSON BLVD. CITY PROJECT NO. 00997 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1VICPHER0O41 BOULEVARD -West Bound Lanes 2,100 LF IV. EXCAVATION McPherson Blvd. 1 Unclassified street excavation 5,000.00 CY $ 5,00 $ 25,000.00 2 Site clearing and grubbing 5.30 AC $ 2 500.00 $ 13,250,00 3 Temporary Construction Entrance 1.00 LS $ 1,500.00 $ 1,500.00 4 SWPPP Maintenance 1,00 LS $ 4,000.00 $ 4,000.00 5 Traffic Control and Barricades 26100.00 LF $ 4,85 $ 10,185.00 SUBTOTAL $ 53 935.00 V. PAVING McPherson Blvd.)* 1 6-inch Lime Stabilized Subgrade 7,000.00 SY $ 3,00 $ 21,000.00 2 Lime @ 33lbs/sy 116.00 TN $ 110.00 $ 12,760.00 3 7-inch Reinforced Concrete Pavement 27' F-F 655000 SY $ 42,00 $ 275,100.00 4 4-foot sidewalk 81400,00 SF $ 3,50 $ 29,400.00 5 6-inch concrete curb 2,100.00 LF $ 2.50 $ 53250.00 6 74ch concrete curb 2,100.00 LF a $ 3.00 1 $ 60300,00 7 Pavement Markin 2,100.00 LF $ 3,50 $ 7,350.00 8 Street Si na a 1,06 LS $ 21500,00 Is 2,500.00 9 IGrass Hydro mulch Seeding 91250,001 SY $ 0,50 is 4 625.00 SUBTOTAL $ 364 285.00 VI. STORM WATER COLLECTION SYSTEM McPherson Blvd. 10 30-inch Class III RCP 165,00 LF $ 65,00 $ 10,725,00 11 36-inch Class III RCP 90,00 LF $ 85.00 $ 71650,00 12 15400t curb inlet 1,00 EA $ 4,250.00 $ 41250,00 13 20-foot curb inlet 4,00 EA $ 51500,00 $ 22,000.00 14 Connect to Existing Storm Sewer 5.00 EA $ 11500,00 $ 7,500.00 15 Trench safety and density 290,00 LF $ 1,00 $ 290.00 SUBTOTAL $ 52 415.00 MCPHERSON BOULEVARD °, ,. , l ` e SUBTOTAL PROBABLE CONSTRUCTION COST $ 470 635.00 10% CONTINGENCY47,063,50 TOTAL PROBABLE CONSTRUCTION COST $ 517 698.50 Notes: Unit costs used in the development of this estimate are based on projects in Tarrant County of similar type within the last 12 months. This estimate is based on the conceptual alignment prepared by Dunaway Associates in April 2008 and currently published City of Fort Worth Standard Based on the conceptual alignment, rehabilitation of the existing dam is not needed and therefore has been excluded from this estimate. Effort for coordinating, obtaining or preparing right of way acquisition has been excluded. Based on the conceptual alignment, it is assumed an Individual Permit (404) is not required and all work will be covered under a Nationwide Permit Water and Sewer Design are to be prepared by others and therefore excluded from this estimate E84-4 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD ENGINEERING AGREEMENT AND ATTACHMENT A SUMMER CREEK DRIVE RISINGER ROAD TO McPHERSON BLVD. CITY PROJECT N0. 00997 CONCEPTUAL ENGINEERING 1. To Part B, 1. i. Surveys for Design, delete the second sentence of Paragraph a. and replace with the following: Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of above ground utilities, structures, and other features relevant to the final plan sheets. 2. To Part B, 1. i. Surveys for Design, add the following paragraph: c. Subsurface Utility Engineering (SUE) Engineer will perform a Level B utility investigation within the project limits for Segments 1, 2, and 3. For Segments 2 and 3, the investigation will be limited to the unimproved portion of the proposed ROW. 3. To Part B, 1. iii. Drainage Computations, add the following: Assumptions: • Hydrologic analysis will be limited to the 100-year frequency storm for both existing and ultimate watershed development conditions. • The floodplain analysis will be limited to the area from a point immediately downstream of the proposed Summer Creek Boulevard roadway to a point just upstream of the existing stock tank. • Structures will be constructed at the existing primary spillway channel and the existing jurisdictional water area southeast of the spillway channel. Although a culvert (or similar structure) crossing the primary spillway will be the principal means to convey storm water beneath the future roadway, the opening at the jurisdictional water area created by the spanning of the waters will serve as a relief opening for the 100-year discharge. • The hydrologic/hydraulic analyses will not include an analysis to determine if the peak flow is attenuated by the any detention storage that might available in the stock tank. • The existing stock tank dam is stable and a breach analysis of the existing dam will not be performed. c-1 Changes &Amendments Dunaway Associates, L.P. Summer Creek Dr. • Since the proposed roadway crossing is in a Zone A area, the project does not involve the construction of structures (as defined by FEMA), and our intent is to span much of the existing floodplain, there will not be a submittal to FEMA for a map revision request. Scope: I. II. Hydrologic Analysis a. Watershed Delineation — The approximate limits of the contributing watershed at the proposed Summer Creek Boulevard crossing will be delineated. The delineation will be made using LIDAR contour data available from the NCTCOG, with field verification of the limits by means of a "windshield" survey. b. Land Use Determination —The approximate watershed land use conditions for both existing and ultimate watershed development conditions will be determined. i. The existing land use conditions within the watershed will be determined through a review of the NCTCOG aerial photographs of the project area. The existing development conditions within the watershed will be field verified. ii. Ultimate development determined using the supplementing it with zoning maps. land use within existing conditions data from available he watershed will be model as a base and land use planning and c. Soil Data —Soil data from the Natural Resource Conservation Service (MRCS) will be used, in addition to the land use data, in developing a representative runoff curve number (CN) for the watershed. The composite CN value will be based on the values listed in the City's drainage manual for the various land uses and soil types. d. Peak Discharge Data —The U.S. Army Corps of Engineers' (Corps') HEC- HMS program will be used to compute the 100-year frequency peak storm water runoff values for both existing and ultimate watershed development conditions. The HEC-HMS models will be constructed using the appropriate methodologies as outlined in the City's drainage manual. Hydraulic Analysis a. Culvert Sizing —The approximate culvert size required for the primary spillway channel crossing at Summer Creek Boulevard will be determined. The culvert will be sized to convey the 100-year frequency peak storm water discharge for ultimate watershed development conditions. �►a Changes & Amendments Dunaway Associates, L.P. Summer Creek Dr. b. Floodplain Delineation — The Corps' rink.-RAS program will be used to compute the 100-year frequency floodplain profiles from a point immediately downstream of the proposed Summer Creek Boulevard roadway to a point just upstream of the existing stock tank. HEC-RAS models will be developed for both existing and ultimate watershed development conditions. An exhibit will be generated using the LIDAR data to illustrate the approximate limits of the 100-year floodplain. Impact of Project on Floodplain —The HEC-RAS models will include the proposed primary spillway channel culvert and the opening (ConSpan or similar material) at the jurisdictional waters area for the purpose of evaluating the impact of the proposed roadway crossing on the floodplain profile and delineation. Changes in the 100-year floodplain delineation due to the proposed roadway crossings will be identified on the floodplain map (provided the changes are visible at the map scale). 4. To Part B.1., add the following section: v. Geotechnical Investigation and Pavement Design Report Engineer will perform a geotechnical investigation in accordance with the requirements of the City of Fort Worth 2005 Pavement Design Standards Manual. This investigation will be performed for roadway segments 1, 2, and 3 as identified on the project location map. Traffic volumes will be provided by the City. 5. To Part B.1., add the following section: vi. 404 Nationwide Permit The following is the proposed scope for the preparation of a Section 404 Nationwide Permit (NWP) application for submittal to the U.S. Army Corps of Engineers (USAGE). The NWP is a permitting process for projects similar in nature and that have only minimal impacts on the environment. A. Permitting Assistance We will provide permitting assistance for the proposed project. The permit application will contain purpose and need for the project, delineation of waters of the U.S., appropriate site maps, calculations of fill, alternatives analysis, assessment of impacts (both temporary and permanent), threatened and endangered species discussion, archeology assessment, documentation of floodplain development requirements, and other pertinent topics. In addition, the permit application will provide information necessary for assessment of C-3 Changes & Amendments Dunaway Associates, L.P. Summer Creek Dr. waters of the U.S. subject to recent U.S. Supreme Courtrulings (SWANCC and Rapanos/Carabell). We will prepare a 404 nationwide permit application with exhibits for submittal to the Corps. After submittal we will follow up with the USACE on a timely and ongoing basis to facilitate any necessary revisions. We will arrange two meetings with the USACE to discuss the project and any permitting concerns. Minutes of each meeting will be prepared and submitted to the Client within 10 days after the meeting. B. Develop Mitigation Plan This task assumes that ali jurisdictional waters impacts will be compensated through restoration, creation and/or enhancement of existing degraded or disturbed waters and/or stormwater management facilities, We will identify potential mitigation sites for jurisdictional waters impacts. Mitigation may be accommodated through restoration of degraded or disturbed jurisdictional waters, the use of bioengineering methods to control erosion and bank stabilization, enhancement of degraded or disturbed jurisdictional waters, construction of compensatory waters, and/or through the use of stormwater management facilities. Upon selection of the areas for mitigation, we will prepare a Preliminary Mitigation Plan. The Preliminary Mitigation Plan will include a description of existing conditions at the impacted sites and at the proposed mitigation sites, an evaluation of impacted jurisdictional waters, and text and plans that describe conceptually the proposed jurisdictional waters restoration. Color copies of photographs of the impacted jurisdictional waters and the proposed mitigation sites will be included in the Preliminary Mitigation Plan. The Preliminary Mitigation Plan will be submitted to the Client for review and comment. One final draft of the Preliminary Mitigation Plan will be submitted to the USACE within 15 days of receipt of the Client's comments. One bound copy will be submitted to the Client in conjunction with the USACE submittal. The Preliminary Mitigation Plan will be used to develop the Final Mitigation Plan for the mitigation areas in coordination with the Corps and other appropriate state and federal agencies. We will prepare the Final Mitigation Plan for inclusion in the NWP application. The Final Mitigation Plan will include construction and landscape plans, cross -sections of the mitigation area, hydrology information, color copies of photographs of the impacted wetlands and the proposed mitigation site, construction timetable, elevations for planting and seeding, landscape notes, and a reporting and monitoring timetable. C. Agency Coordination Changes & Amendments Dunaway Associates, L.P. Summer Creek Dr. We will coordinate the 404 NWP process and attend meetings as may be required kup to 30 hours) with Client and the USACE. We will attend up to 2 meetings with the Client to discuss the permit application. Additional Services A. It has been assumed that suitable mitigation sites would be located within the proposed project area. One site visit has been assumed for this scope. In the event additional effort is necessary to ascertain a more appropriate location, it will be requested as Additional Services, B. It has been assumed that the proposed project can be accomplished under the Nationwide Permit Program. In the event an Individual Permit be required, this will be requested as Additional Services. PRELIMINARY ENGINEERING 6. To Part B. 2., add the following section: o. Traffic Signal Design Engineer will provide design services for the installation of traffic signals at 2 intersections: Summer Creek Dr. @ isinger Road, and Summer Creek Dr. @ McPherson Blvd. It is anticipated that the following plan sheets will be developed: • Existing Conditions • Traffic Signal Layout • Signing & Marking • Sidewalk Ramps The plans will be prepared in accordance with City of Fort Worth standards and requirements. 7. To Part B. 2. j. Right of Way/Easement Preparation and Submittal, add the following: "For this project it is assumed that the following number of ROW acquisition parcels will be needed: Segment 1 - Segment 2 - Segment 3 - " Part B. 2. n. Public Meeting, add the following: "For this project, the database listing the names and addresses of all residents and business to be affected by the proposed project shall be limited to property owners within 1,000 feet of the limits of the proposed construction work." C-5 Changes &Amendments Dunaway Associates, L.P. Smnmer Creek Dr. PRE -CONSTRUCTION ASSISTANCE 9. To Part C. b. Bidding Assistance: Delete the second paragraph in its entirety. These services will be provided by the City. C-6 Changes &Amendments Dunaway Associates, L.P. Summer Creek Dr. Consulting Contract Schedule Specifications City of Port Worth Capital Improvement Program FORTWORTH Dept.: PMO Subject: Schedule Specifications Version:190 Effective Date: June 30, 2009 Attachment D -Project Schedule This PROJECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: - Primavera (Version 6.1 or later or approved by CITY) - Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (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 m the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WB(;) 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 I • 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 in IILA.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. CITY OF FORT WORTH, TEXAS PROGRAM MANAGEMENT OFFICE 20F2 PROPOSED SUMMER CREEK DRIVE BETWEEN RISINGER ROAD AND McPHERSON BLVD. CITY PROJ. NO. 00997 MAPSCO 102 V COUNCIL DISTRICT 6 z000 0 2000 SCALE: 1"=2000' SEGMENT2-SUMMER CREEK DRIVE. -DESIGN SOUTHBOUND 2 LANES 23050 ft. ) Al—fACHMENT E-1 nger rty DUNAWA y 1801 Mer rump Ckole • Sutt® 100 • Fort Worth, TX 76107 Tel: 817.338.1121 • Fax: 817.3354437 LOCAl10N ...." -' CREEK DRIVE. -DESIGN 4 LANE SECTION (3,500 ft.) fort Wc rth SW Comrmudity. Park HTSEGMENT 3 - McPHERSON BLVD. Z100ftv) DESIGN WESTBOUND 2 LANES " Page 1 of 2 City of Fort Worth, Texas Mayor and Council C •] ii]-u' unication COUNCIL ACTION: Approved on 3/2/2010 DATE: Tuesday, March 02, 2010 REFERENCE NO.: **C-24111 LOG NAME: 20SUMMER CREEK DRIVE/MCPHERSON BLVD SUBJECT: Authorize the Execution of an Engineering Services Agreement in the Amount of $444,283.00 with Dunaway Associates, L.P., for the Design of Summer Creek Drive at Three Locations (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Services Agreement in the amount of $444,283.00 with Dunaway Associates, L.P., for the design of Summer Creek Drive at three locations. DISCUSSION: The scope of this Engineering Services Agreement (Agreement) includes design of the paving and storm drain improvements on Summer Creek Drive as a new arterial roadway. The design will be for three individual locations of Summer Creek Drive: . Summer Creek Drive from Risinger Road to McPherson Boulevard (as a four lane boulevard) (2008 Bond Project); . Summer Creek Drive from Summer Park Drive to Risinger Road (convert existing two lane section to a four lane boulevard) (2004 New Development Bond Project); and . McPherson Boulevard from Summer Creek Drive east to the corner of Southwest Community Park (as a two lane section) (Southwest Community Park Street Bond Project). Dunaway Associates, L.P., has proposed to complete the final design plans and specifications for a lump sum amount of $444,283.00. City staff considers this fee to be fair and reasonable for the scope of services to be performed. Funding for this project is from a combination of the 2008 Bond Program, the New Development Fund and the Park and Recreation Improvements Fund as follows: Fund 2008 Street Improvements Fund 2004 New Development Fund Park and Recreation Improvements Fund Total Amount $315,172.00 $86,111.00 $43, 000.00 $444, 283.00 Dunaway Associates, L.P., is in compliance with the City's M/WBE Ordinance by committing to 25 percent M/WBE participation. The City's goal on this project is 25 percent. This project is located in COUNCIL DISTRICT 6. http://apps.cfwnet.org/ecouncil/printmc.asp?id=11784&print=true&DocType=Print 3/11/2010 Page 2 of 2 FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Street Improvements 2008 Fund, the New Development Fund and the Park and Recreation Improvements Fund. FUND CENTERS: TO Fund/AccountlCenters CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: FROM Fund/AccountlCenters C204 531200 206230099730 C202 531200 206760099730 GC05 531200 080050410030 Fernando Costa (8476) William Verkest (7801) Jim Walker (8009) Additional Information Contact: Patrick Buckley (2443) ATTACHMENTS 1. Accounting Info Part 3.pdf (CFW Internal) 2. Accounting Info.pdf (CFW Internal) 3. Accounting_record_s_ M&C_20SUMMER CREEK- GC05pdf.�df 4. BFT Southwest Community Park.pdf (CFW Internal) 5. FAR Pacs &New Dev (�.pdf (CFW Internal) 6. FAR Summer Creek(3).pdf (CFW Internal) 7. Location Map Summer Creek.PDF (Public) 8. MWBE Contract Compliance Memo__Dunawav_05042009.PDF 9. Revised Accounting_Info.pdf (CFW Internal) 10. Revised BFT Parks.pdf (CFW Internal) 11. Revised FAR 00997-2.pdf (CFW Internal) 12. Revised FAR 00997-3.pdf (CFW Internal) 13. Su_mmer Creek Status 04212_00__9.PDF (CFW Internal) (CFW Internal) (CFW Internal) $315,172.00 $86,111.00 $43,000.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=11784&print=true&DocType=Print 3/11/2010