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HomeMy WebLinkAboutContract 41782 (2)Cf A v SECRET " CONTRACT' NO, LA 11 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR NNGINEERING RELATED DESIGN SERVIChS 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 Michael Baker Jr., Inc., (the "ENGINEER"), for a PROJFCT generally described as: Storm Water Utility Project o Westlake Drive Drainage Improvements (Project No. 01073). Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article 11 Compensation A. The ENG I N EER'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) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 1 of 15 If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after givi g Y 7 days' written notice to CITY, suspend services under t i AtigEEMENtTh `-,1;�it ©f n% SECRETA C NORTH, TY 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. 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 PMO Official Release Date: 9.22.2010 Page 2 of 15 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 observations) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (3) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 3 of 15 (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 recommendationsdo_ not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, 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 accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page4of15 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 Tess than three (3) years. J. Right to Audit (1) ENGINEER agrees that the. CITY shall, until the expiration of five (5) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not Tess 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 5 of 15 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 6 of 15 (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 provide° to the C!TY. A ten (10) days notice shall be acceptable in the event of non-payment of premium Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 7 of 15 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. 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. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design critena 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 8 of 15 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER. may rely upon the accuracy, timeliness, .and completeness of theL 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 9 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers employees, and subcontractors, for any claim arising out of, in connection 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 10 of 15 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bung, 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 11 of 15 service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the 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 wnting prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay or interruption, an equitable adjustment in the PROJECT s schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 12 of 15 • 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 t f action, except fer willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F. VI B , VI D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 13 of 15 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 PMO Official Release Date: 9,22.2010 Page 14 of 15 Article VII Attachmen 9 Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGRI EMENT, 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 day of , 20 . ATTEST: Marty Hendrix City Secretary APPROVED AS TO B Assistant City Atto C-a4 %5 a =A s CITY OF FORT WORTH y: nieteritig4a—a Fernando Costa Assistant City Manager a o csa tottstosis- Contract Author i zatioia a.„.„.,,get a - Date City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 9.22.2010 Page 15 of 15 APPROVAL RECOMMENDED c7SS By: Douglag . Wiersig, P.E. Director, Transportation & Public Works Michael Baker Jr., Inc. Christophe A. JohnsP.E. Director of Water Resources, Texas By: OFFICIAI. RECORD CITY SECRETARY Ft WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER 'n completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, ' ENGINEER" is expanded to include any sub -consultant, including surveyor employed or contracted by the ENGINEER OBJECTIVE An existing storm drain system located in Belden, South Drive, and Westlake does not meet current design standards, sending excess runoff down Westlake Drive causing street and home flooding. The purpose of this project is to construct new storm drains in Westlake Drive, South Drive and Belden Avenue. The design for the project will utilize the report "Final Westlake Drive Drainage Improvement Study'. Alternate No. 1 was selected as the preferred design approach by the City of Ft. Worth. This project involves field survey SUE, data acquisition, geotechnical investigations, hydrologic and hydraulic analyses, public meetings per the proposal, construction cost estimating, and preparation of construction documents. Task 1. Task 2. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. Task 9. WORK TO BE PERFORMED Design Management Conceptual Design Preliminary Design Final Design Bid Phase Services Construction Phase Services ROW/Easement Services Survey Services Permitting TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources City of Fort Worth Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of 22 • Handle all Contract/Invoice Interactions with City • Coordinate ENGINEERs required activities for Public Meetings 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct and document monthly project update meetings with CITY Project Manager • Conduct review meetings with the CITY at the end of each design phase. • Conduct and document internal design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the Transportation and Public Works Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative month!, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth s Schedule Guidance Document. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as per normal CITY procedures necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs or provide documentation as to why the permits are not required to the City project manager ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information (Company photo ID's on lanyard or approved equal) identifying the name of the company and the company representative. • ASSUMPTIONS • Project manager and project engineer will attend one pre -design and chartering kickoff meeting. • Project manager and project engineer will attend a total of three review meetings. One meeting following the completion of each design phase (30%, 60%, 90%, with no meeting for the 100%). City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 22 • Project manager and project engineer will attend 4 progress meetings with CITY project manager. • Project manager and project engineer will attend 4 coordination meetings with CITY utility and water departments with CITY project manager DELIVERABLES -Task 1 A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CI` Y per the approved Project Schedule The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain. the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. • The following is applicable at all locations that require water service line replacement: The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. • Coordinate with the CITY to obtain the starting Water Surface Elevation for the two proposed storm sewer system outfalls off Westlake and Barwick. 2.2. Drainage Computations • ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right-of-way and storm drain capacities City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 22 for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of- way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain were calculated in the study. It was determined that the existing system should be abandoned/removed with the details of that work to be approved in the construction plans.. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) up to Quality Level B and Level A, as described below. The work shall provide for up to 12 Level A SUE investigations as directed by the City of Ft. Worth and the work shall be performed in accordance with Cl/ASCE 38-02 The assumptions for the Level A SUE include 6 holes in the pavement, 2 holes that require lane closures(extra traffic control)located in the pavement, and 4 holes outside the pavement without any special traffic control Quality Level • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, 'as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc) on the existence and approximate location of existing involved utilities. • Review records for evidence or indication of additional available records; duplicate or conflicting information; need for clarification • Develop SUE plan sheets and transfer information on all involved utilities to appropnate design plan sheets electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g , active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 4 of 22 • • • • • • • • • • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. Prepare plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems Resolve differences between designated utilities and utility records and surveyed appurtenances, Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration. • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.4. The Conceptual Design Package shall include the following: • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, , streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 22 • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. Documentation of key design decisions (Project Decision Log). • • Estimates of probable construction cost. ASSUMPTIONS • • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • Digital Buzzsaw submittal and 8 copies of the conceptual design package will be delivered Drawings will be half size (11" x 17"). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. • A written summary of alternative design concepts will not be prepared. The Final Westlake Drive Drainage Improvements Study revised September 17 2010 will be utilized. • New storm drain will be designed as shown in Alternative 1 of the Final Westlake Drive Drainage Improvements Study, Revised September 17, 2010. Changes to the Conceptual Design resulting from CITY reviews will be incorporated in the Preliminary Design (60%) package. • Hydraulic and hydrologic analyses will be prepared for the 5-year storm event, analyses for the 100-year will be updated to include changes resulting from the 5-year analyses. • Coordination with CITY and S & B Infrastructure Systems to obtain the starting Water Surface Elevations for the proposed Storm Sewer Systems. These elevations are to be provided at the two connection points to the existing channel at the two outfall points. • Twelve (12) D-holes will be available for Level A SUE investigations. Additional required D-holes will be added by amendment. All other SUE investigations will be Level B. Coordination with TxDOT, Railroads, TDLR, or FEMA are not required per discussions with the CITY during preparation of the scope for this work DELIVERABLES -Task 2 A. Conceptual Design Package as described in section 2.4. B. Conceptual Easement Documents City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 22 TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows: 3.1. Development of Preliminary Design Drawings shall include the following: • Cover Sheet • Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual, March 2006. Coordination with CITY and S & B Infrastructure Systems to obtain the starting Water Surface Elevations for the proposed Storm Sewer Systems. These elevations are to be provided at the two connection points to the existing channel at the two outfall points. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not lees than 1:400. The oll v ,ng information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base Z coordinate on City Datum only; descriptive location (i e set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main StreetOverall project easement layout sheet(s). • SUE plan drawings. • Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details including the following specific details: , water service lateral relocations, sanitary sewer service details, junction boxes where sewer mains cross the proposed storm sewer system, and any other details unique to the construction of the project, 3.2. Geotechnical Investigation/Pavement Design Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page7of22 alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. The Boring locations will be shown on the drainage plan sheets to aid use of the data. The report will be attached to the final construction documents for the use of the CITY and the contractors. The ENGINEER shall prepare a detailed geotechnical engineering study. The Geotechnical Study from Terracon dated May 28 2010, will be utilized where applicable and will be supplemented with additional investigation to cover the entire project area. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. If the CITY elects to provide a complete street reconstruction, for the streets impacted by the construction in the project area, the geotechnical report will provide recommendations for the subgrade stabilization and pavement design. The Engineer shall provide vibration monitoring services for the storm sewer line to be constructed from the Westlake at Harlan intersection to the channel on the west. These services will be required during the construction phase of the project but the geotechnical report should provide basic guidelines and recommendations for how that monitoring should be conducted. 3.3 Constructability Review Prior to. the 60 percent review meetingvwith th&.CITY, the ENGINEER shall schedule and attena a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall document important design locations with pictures where the design of the proposed improvements may create the need for public outreach. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, 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. The ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities and where known and possible consider potential future utilities in designs. At this time, no current utility projects are planned for this area except for a sewer upgrade on Harlan Street. That project has not been funded at this time but the design will be coordinated with the utility department to facilitate that design. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 8 of 22 • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project The DWF files should be created directly from the CAD files as opposed to PDF files. 3.7 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as 'Typicals" on the CITY s Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop up to two supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • The initial report included significant geotechnical investigation. That information will be utiltized for the project. An additional 5 bonngs at an average bore depth of 12 feet each will be provided for in this contract . The CITY will approve the locations where the borings are to be taken. • 5 pavement cores will be provided in the geotechnical services. The CITY will approve the locations where the cores are to be taken. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional two project specific traffic control sheets will be developed for this project • Three copies of the geotechnical report will be delivered to the CITY. • Digital plans will be delivered for Utility Clearance. • Two full size 22' x 34' plans will be delivered for Constructability Review. • Eight half size 11' x 17' drawings will be delivered for Preliminary Design. • • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. The estimated CITY Review time period is shown on the proposed schedule for the project. • New storm drain will be designed as shown in Alternative 1 of the Final Westlake Drive Drainage Improvements Study, Revised September 17, 2010. Changes to the Conceptual and Preliminary Design resulting from CITY reviews will be incorporated in the Final Design (90%) package City of Fort Worth, Texas Attachment A PMO Release Date: 08127/2010 Page 9 of 22 • Hydraulic and hydrologic analyses will be prepared for the 5-year and 100-year events. • 4 full size (22" x 34") color exhibits will be prepared for public meetings. DELIVERABLES -Task 3 A. Preliminary Design drawings B. Utility Clearance drawings C. Geotechnical Report D. Documentation of key design decisions (Project Decision Log) E. Estimates of probable construction cost using CITY bid items only. F. Public Meeting exhibits G. Traffic Control Plans H. Preliminary Easement Drawings TASK 4. FINAL DESIGN (90, PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). U pon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: Final draft construction plans and specifications shall be submitted to CITY per the approved P roject Schedule. The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. This item may require coordination with the CITY due to an active CITY specification rewrite/update to make sure all item numbers and specification referenced are consistent and correct. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule and with the required sets as described below. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • DIGITAL OR FILL IN NUMBERS OF EACH REQUIRED • Eight half size 11" x 17" drawings and two specifications will be delivered for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 10 of 22 • One full size set of 22' x 34" drawings and one set of specifications will be delivered for the 100% design. It is anticipated that the CITY specification rewrite will be completed and the ENGINEER will need to coordinate and modify the final document to be consistent with the new specification document. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • ENGINEER to provide estimated final sheet list (cover, drainage area map, project control, easement layout, SUE plan sheets, no of plan/profiles, special detail shts etc.) • New storm drain will be designed as shown in Altemative 1 of the Final Westlake Drive Drainage Improvements Study, Revised September 17, 2010. DELIVERABLES -Task 4 A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Documentation of key design decisions (Project Decision Log). D. Detailed estimates of probable construction cost for the authorizedconstruction project, including summaries of bid items and quantities using the CITY's standard bid items and format. E Original cover mylar for the signatures of authorized CITY officials. F. Final Easement Documents TASK 5 BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Contract documents shall be uploaded in a .xis file. • • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and so the Summary Worksheet(s) in the workbook can detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The pdf will consist of one file of the entire plan set. The .dwf will consist of individual files one for each plan sheet and will be numbered and named in a manner similar to that of the plan set index. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 11 of 22 • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders • Attend the prebid conference in support of the CITY. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Contact the City to pickup bid documents no later than the next day after the bid opening to enable the ENGINEER to start the tabulation task in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation is to be uploaded into the project's Bid Responses folder on Buzzsaw • Assist the CITY with assembling and awarding contracts for construction materials equipment, and services. Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Mylar Drawings • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF 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, "_org' designating the file is of an original plan set, ' 47" shall be the total number of sheets in this file. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 12 of 22 Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Twenty sets of conformed plans and specifications will be delivered to the CITY and made available on Buzzsaw. The final(100%) plans shall consist of ten full size 22" x 34" drawings and ten half size 11" x 17" drawings. • PDF and DWF files will be uploaded to Buzzsaw. • 1 copy conformed full size (22" x 34") mylar plans will be delivered to the CITY. DELIVERABLES -Task 5 A. Addenda B. Bid tabulations C. Recommendation of award D. Conformed construction documents E. Conformed mylar plans TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support. It is anticipated that these services will be added in 2012. This contract does not include these services at this time. • The ENGINEER shall attend the preconstruction conference. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 13 of 22 • After the pre -construction conference the ENGINEER shall provide project exhibits 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. • The ENGINEER shall visit the project site as requested by the CITY with 8 visits estimated at this time. as construction proceeds to observe and report on progress or discuss issues of concern. The progress report shall be submitted to the CITY by email. The ENGINEER shall review shop drawings samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the ` Cinal" protect walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size (22" x 34') mylar drawings. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6 0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example - "W-1956_org47.pdf " where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ' 47" shall be the total number of sheets in this file. Example: W 0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example - "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 14 of 22 Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS DELIVERABLES -Task 6 A. Public meeting exhibits B. Response to Contractor's Request for Information during construction phase C. Review of Change Orders D. Review of shop arawings E Final Punch List items F. Record Drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easement needs for construction -of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal • • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project(impacted physically) and no permanent easement is required to enter their property. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 15 of 22 • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Right -of -Way research includes review of property/right-of-way records based on current Internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (Le. iron rods, fences, stakes, etc.) It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD right-of-way takings, easement vacations and abandonments, right-of-way vacations and street closures. Based on the Final Westlake Drive Drainage Improvements Study Revised September 17, 2010, the following work products are estimated. • One permanent easement will be required for the major system outfall at the box culvert located in the charnel at the Barwick street crossing • Two temporary easements will be required for the outfall between the two homes at the Harlan Intersection with Westlake . Three temporary Right of Entry letters will be required. CITY will provide appropriate forms and checklists for easements and Right of Entry letters. DELIVERABLES A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 8. SURVEY. ENGINEER will provide survey support as follows. 8.1 Design Survey) 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, utilities as required by the SUE structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. • The minimum survey information to be provided on the plans shall include the following: City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 16 of 22 A Project Control Sheet showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400 The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 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). d. Benchmarks are to be set outside construction area. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 8.3. Construction Survey The Construction Survey will be performed by the CITY. Be available to the CITY on matters concerning the layout of the project during its construction • ENGINEER will set control points (i.e. tie survey to permanent monument such as TPW monuments and/or property corners, one location each at beginning and end of project) for the project, these points must be indivisible. Streets(Projects???) over 500 ft or streets on curves may require a greater density of control points to maintain intervisibility between each point. ENGINEER shall establish a minimum of two bench marks per plan sheet (bench marks shall be located adjacent to project) and shall provide the following construction staking services: STORM DRAIN STAKING: Provide an offset stake at 100' intervals (50' intervals in curves if required) and at all proposed manholes, points of curve, points of tangent, points of pipe size changes and at all horizontal or vertical angle points with a cut to flow line and a cut/fill to the top of proposed manholes. Provide centerline elevation at 100 intervals and at all grade breaks in the natural ground. Lead lines shall also be staked with grades if greater than 50 in length, or where substantial alignment and/or grade are needed Provide two offset stakes at end or each wing of each curb inlet with a cut to flow line and a cut/fill to the top of curb elevation. Line and grade shall be set to a tolerance of +/- 0.1 ft. for storm drain pipe and +/- 0.04 ft. for curb inlets. ROADWAY EXCAVATION STAKING: Provide 10' or property line offset at 50' intervals and at all points of curve, points of tangent, and at all City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 17 of 22 horizontal or vertical angle points with a cut/fill to the top of proposed curb. The right-of-way shall also be flagged during this process along with line and grade stakes for excavation purposes. Stake all vertical and horizontal curves at 50' intervals. Line and grade shall be set to a • tolerance of +/- 0.1 ft. FINAL ROADWAY STAKING: Provide 4' or 5' offset stakes at 50' intervals and at all points of curve, points of tangent, and at all horizontal or vertical angle points with a cut/fill to the top of proposed curb. Staking for curb grade and intersecting streets, if required, shall be performed under final pavement staking. Inlets shall be staked if needed. Set tucks in offset hubs for street alignment. Stake all vertical and horizontal curves at 50' intervals and provide intermediate stakes between curve points, if the radius is less than 300'. Line and grade shall be set to a tolerance of +/- 0.01 ft. SANITARY SEWER STAKING: Provide an offset stake at 50' intervals (25' intervals in curves if required) and at proposed manholes points of curve points of tangent and at all horizontal of vertical angle points, with a cut to flow line and a cut/fill to top of proposed manholes. Provide centerline elevation at 50' intervals. Provide location of proposed services for construction purposes and for as -built purposes. In case the proposed SS line will be constructed in a location other than the existing line, services will be located by two options: the TV option which provides a log report of service locations or by locating the existing service at the time of construction. Stake easements and property lines where applicable. Line and grade shall be set to a tolerance of +/- 0.01 ft. WATER STAKING• Provide an offset stake at 50 intervals (25' intervals in curves if required) and at valves tees and at all horizontal or vertical angle points with a cut to top of pipe or flow line of pipe (depending on the proposed size) Provide centerline elevation at 50' intervals Provide a location of proposed services for construction purposes and for as -built purposes. Provide offset location and grade stakes for proposed fire hydrants and water meters with a cut/fill to the proposed top of curb. Stake easements and property lines where applicable. Provide property ties to all valves, hydrants, tees horizontal or vertical bends and other appurtenances. Line and grade shall be set to a tolerance of +/- 0.01ft. 'AS STAKED" RECORD OF THE CONSTRUCTION Throughout the process of all construction, locate and record anything that does not conform with the construction plans A drawing of the project layout with dimensions and a coordinate list must be submitted. A copy of sample field notes that must be provided is attached. The field notes must include the following information: a. For storm drain lines and storm drain laterals; Pipe size and type, percent of grade of laterals and location of inlets. Cut and fill documentation. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 18 of 22 b. For roadways; Field notes signed and sealed by a licensed surveyor must be submitted to the CITY Inspector prior to the beginning of construction. c. For sanitary sewer mains, laterals and sewer services; Pipe size and type, percent of grade of sewer laterals, manhole locations, ties to property line including north/south and east/west lines, P .C.'s P.T.'s or P.R C.'s, top of ground elevation and flowline elevation of each station number referenced. Cut and fill documentation. Property ties to all locations. d. For water lines; P ipe size and type, its location in the street along with ties to property lines and a water intersection sketch. Cut and fill documentation. P roperty ties to all service locations. COORDINATION WITH CITY IN^ PECTOR/CONTRACTOR: ENGINEER's surveyor is expected to work with the CITY inspector and contractor to provide any special requests contractor may have providing the scope of work described above is not exceeded. It is expected that a few stakes will be knocked out during dirt work. Providing that the number of disturbed stakes is minor (less than 10% of the stakes for any phase of the project), the ENGINEER's surveyor shall replace these stakes at no extra cost. If additional major restaking is required, the ENGINEER's surveyor shall provide the additional work at an hourly rate of $_ per hour for a field crew. Major restaking may be required if a substantial number of the initial stakes are knocked down as a result of the contractor's activity and there are not enough stakes left to complete the project. The contractor shall be responsible for paying the ENGINEER for this additional work. INCIDENTAL PRE -CONSTRUCTION STAKING Right-of-way flagging, back of curb location, driveways, walks and retaining walls as requested by the CITY Inspector curb radii (to determine construction location) for utility clearance will be staked one time as part of this contract. SPECIAL CONDITIONS: a. The CITY Inspector assigned to the project shall oversee all construction staking activity and shall be responsible for all field coordination. All documentation including field notes, cut and/or fill notes, grades, ' as staked" information etc., shall be provided to the CITY inspector and shall be sealed and signed by a surveyor licensed in the State of Texas. b. The ENGINEER's Surveyor shall attend the pre -construction conference. c. The ENGINEER's Surveyor shall meet with CITY Inspector and Contractor to coordinate surveying schedule and needs prior to beginning work. d. The ENGINEER's Surveyor shall stake each utility separately and at different times with, if applicable, sanitary sewer first, water second, storm drain third City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 19 of 22 and roadway construction fourth and shall provide enough construction staking information so that the projects can be constructed as designed. e. A member of ENGINEER's firm familiar with project shall be available at all times to immediately respond to questions from the field. ASSUMPTIONS Not applicable since not in contract. DELIVERABLES -Task 8 A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENG'NEER will provide permitting support for the CITY toobtain any and all agreements and/or permits normally required for project of this size and type, as follows 9.1. Storm Water Pollution Prevention Plan • 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. 9.2. Floodplain Services includes the required City Floodplain Permit This activity includes negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits • Completing all forms/applications necessary • Submitting forms/applications for CITY review • Submitting revised forms for CITY review • Responding to agency comments and requests ASSUMPTIONS • • • • US Army Corps of Engineers permits will not be required. CLOMR/LOMR and/or floodplain permits will not be required. Texas Department of Transportation permits will not be required. Railroad permits will not be required. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 20 of 22 • • Construction NOI will be prepared by the ENGINEER for the CITY and a second NOI will be submitted by the CONTRACTOR TDLR permits and fees are not required as the project does not impact $50,000 of pedestrian improvements.. Permit preparation will begin after approval of the Conceptual Design. Two meetings are assumed with process required for the SWPPP and the City Floodplain permit. DELIVERABLES A. Stormwater Pollution Prevention Plans B. CITY floodplain permit. This task will require coordination with the CITY floodplain administrator. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scrape of Services described ,n the tasks above. However, ENGINEER can provide these services if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • . • • • • • • • • • • • Negotiation of easements or property acquisition. Services related to development of the CITY's project financing and/or budget. Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. Construction management and inspection services Performance of materials testing or specialty testing services. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. Sanitary sewer relocation design and plans are not included; it is assumed that sanitary sewer conflicts with the storm drain system will be resolved by allowing the sanitary sewer to pass through the storm drain in a manhole or junction box. Street paving design and plans are not included; it is assumed that CITY standard trench repair details will be used. Water main relocation design and plans are not included. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 21 of 22 • Construction vibration monitoring is not included at this time. It is anticipated that this task will be added if open trench construction is used for the proposed storm drain between the homes at 4808 and 4900 Westlake Drive. • Construction staking for the project as approved by the CITY is not included in the scope for this project. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 22 of 22 I. Compensation II. ATTACHMENT B COMPENSATION Design Services for Westlake Drive Drainage Improvements City Project No. 01073 Lump Sum Project A. The ENGINEER shall be compensated a total lump sum fee of $167,290 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment Al including all labor materials, supplies, and equipment necessary to deliver the services. B The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Fee Amount Firm Primary Responsibility Prime Consultant Michael Baker Drainage Design & Proj. Mgmt $105,572 63.1 Proposed M/WBE Sub -Consultants Gorrondona & Assoc. SUE and Survey $53,800 32.2% STL Engineers Geotechnical Investigation $7,918 4.7% Non-M/WBE Consultants Not applicable TOTAL $167,290 100% M/WBE % M/WBE Fee Project Number & Name Total Fee 01073 Westlake Drive Drainage $167,290 $61,718 36.9% Improvements City M/WBE Goal = 22% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 Consultant Committed Goal = 36.9 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment 8 PMO Official Release Date: 5.19.2010 Page 3 of 3 Professional Services Payment Request Project Manager. Michael Owen Project: Westlake Drive Drainage Improvements City Project #: 01073 Work Type Desc: F/AIC: City Sec Number. Purchase Order: Company Name: Michael Baker Jr., Inc. Consultant's PM: Jerry Clark Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Consultant Instructions: Alt in green calls Including Percent Complete and Invoiced Previously Guanines When your Invoice Is complete, save and dose, start Buasaw and Add your Invoice to the Consultant folder within Projects folder. email: jaclarldgmbakercorp.com Office Address: 101 South Locust, Suite 300, Denton, TX 78201 Telephone: 940-783-4155 Fax: 940-783-4144 Pay Items Agreement Amendment Amendment Description Amount Number Amount Agreement Amount to Date Completed Amount Percent ($) Invoiced Completed Previously Current Invoice Remaining Balance 30 - Design $187290.00 5187,290.00 - 5187,290.00 Totals This Unit: c187 290,0Q $187290 OQ Overall Percentage Complete: 5187.290.00 Professional Services Payment Request Project Manager: Project: City Project #: City Sec Number: Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Westlake Drive Drainage Improvements 01073 Michael Baker Jr., Inc. Jerry Clark Michael Owen email: Office Address Telephone: Fax: Consultant instructions: Summary FIII In green cells Including Invoice Number, From and To Dates and the Included worksheets. When your Invoice Is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder, jaclark(rDmbakercorp,com 101 South Locust, Suite 300, Denton 940-783-4155 940-783-4144 TX 76231 Agreement Amendment Sheet FAC and Work Type Description Amount Amount Agreement Amount to Date Completed Amount Percent Completed (S) Invoiced Previously Current Invoice Remaining Balance Work Type 1 $167,290.00 $167,290.00 $167,290.00 Work Type 2 Work Type 3 Work Type 4 Work Type 6 Work Type 6 Totals This Payment Request $167.290,00 $ j.2W.00 Overall Percentage Complete: $167.290.00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Westlake Drive Drainage Improvements City Project No_01073 Article IV (K) (1) (d) - The time period for maintenance of coverage of professional liability insurance following the completion of the contract is reduced from five (5) to three (3) years. Article VI (G) The following language is added to the end of this section, ", which shall not be unreasonably withheld, conditioned, or delayed." City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Pagel of 1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH 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 m 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 schedulmg 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, rubri.t and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT s understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, City of Fort Worth, Texas Attachment D PMO Release Date: 06.30.2009 Page 1 of 2 • 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 III.A.(1). of the Agreement, CONSULTANT shad 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 Attachment D PMO Release Date: 06.30.2009 Page 2 of 2 Hulen Mall ATTACHMENT E Westlake Drive Drainage Improvements 101 S Locust Street, Suite 300 Denton, Texas 76201 (ph) 940-7834155 (fax):940-783-4144 Feet 0 500 1,000 1,500 2,000 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/12/2011 DATE: Tuesday, April 12, 2011 LOG NAME: 20DESIGN WESTLAKE DRAINAGE SUBJECT: Authorize Engineering Agreement in the Amount of $167,290.00 with Michael Baker Jr., Inc., for the Westlake Drainage Improvements Project (COUNCIL DISTRICT 3) REFERENCE NO.: **C-24852 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Michael Baker Jr., Inc., in the amount of $167,290.00 for the design of the Westlake Drainage Improvements project. DISCUSSION: The Storm Water Management Program was established to reduce flooding in Fort Worth, preserve streams, minimize water pollution and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review and increased public education and outreach. On September 22 2009, (Ordinance No. 18838-09-2009) the City Council approved the issuance and sale of $45,000,000.00 in revenue bonds for the Storm Water Capital Project Bond 2009 Fund to fund a two-year storm water capital project program A need for drainage improvements in the Westlake Drive area was identified due to property flooding in the vicinity of the existing sump located at Westlake Drive and Harlan Avenue Michael Baker Jr. Inc., was selected to study the drainage in this area and to provide subsequent design services for any identified drainage improvements for the Westlake Drainage Improvements project (City Project No. 01073). The study has been completed, and proposed improvements have been recommended The design services for the subject engineering agreement will include the following: outfall, storm drain and pavement design; and preparation of engineering plans and contract documents for the bidding and construction of the recommended improvements. Michael Baker Jr., Inc., proposes to perform the above services for a lump sum fee of $167,290.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $38,800.00 is required for project management by the Transportation and Public Works Department. Michael Baker Jr., Inc., is in compliance with the City's M/WBE Ordinance by committing to 37 percent M/WBE participation. The City's goal on the project is 22 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 89 P. http://apps.cfwnet.org/ecounciUprmtmc.asp?id=14984&print=true&DocType=Print 4/15/2011 Yage2or2 FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects Bond 2009 Fund. FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 203280107330 $167,290.00 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 01073 MWBE Compliance pdf (CFW Internal) 2. FAR-01073-00003- Design pdf (CFW Internal) 3. fundingverificatlon doc (CFW Internal) 4. M AND C 01073.pdf (Public) Fernando Costa (6122) Greg Simmons (7862) Michael Owen (8079) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14984&print=true&DocType=Print 4/15/2011