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Contract 43448 (2)
CITY OF FORT WORTH, MAAS CITY SECRETARYt4 CONTRACT NO STANDARD ANDA.RD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGRIzEMFNT is between the City of Fort Worth, a Texas home -rub municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in T oxas, (the 'ENGINEER"), for a PROJECT generally described as: Brennan Avenue Drainage Improvements Project. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Com pensation A. The I=NGINI=ER'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 1, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINFc.R may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 1 of 14 OFFICIAL RECORD CITY SECRETARY • 07-27-12 A09 :.05 IN paid in full. In the event of suspension of services, `he ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution These conditions and cost/execution effects are not the responsibility of the ENGINEER City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink o n 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 u se 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 o r 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 Al the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11,29.2011 Page 3 of 14 (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. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects* that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. 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. 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: 11.29 2011 Page 4 of 14 misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate If such Commercial General Liability insurance contains a general aggregate limit it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 5 of 14 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. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 6 of 14 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium 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. 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 Engineer ng Related Design Services PMO Official Release Date: 11.29 2011 Page 7 of 14 state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract 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 criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 8 of 14 changes in the permitting authorities' published design criteria and/or practice standards criteria which are published a=tei the date of this Agreernent which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY 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: 11.29.2011 Page 9 of 14 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. E. 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. 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: 11.29.2011 Page 10 of 14 (a) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document bring, defend or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. 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: 11.29.2011 Page 11 of 14 service foi 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; 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 ENGINEERs 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: 11.29.2011 Page 12 of 14 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 Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V F. VI.B., VI D., VI.F., VI.H., and VI.I shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 13 of 14 considered. ENGIN =R agrees to defend, indemnify and hold i vari i`iless 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 re ,elation, whether it be by itself or its employees. AI tide Vll Attachment%, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREFMFNT: ..a�.� Attachment A - Scope of Services ,� Fab �/4Attachment B o Compensation o► u o/Attachment C - Amendments to Standard Agreement for Engineering Services °°t ttachment D - Project Schedule A , .3 tachment E - Location Map Bocceal 0 d and effective this the 17 day o °OQO °°):y AT ST: vs* pi a p arrrGiz x Te 11 Ay/ Arrisieeptt City Secretary APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney 0 M&C Date: • 10- ( City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 14 of 14 CITY OF FORT WORTH By: -2a6:44~.2 Fernando Costa Assistant City Manager APPROVAL RECOMMENDED GrA By: Douglas W. iersig, P.E. Director, Transportation and blic Works Freese and, Nichols, Inc. By: Join Dewar, P.E. Principal O ;?ICIAL RECORD ATV SECRETARY FE) W©Rm9 TX Et 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 in 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 Design of storm drainage improvements along Brennan Avenue, Cold Springs Road and Northside Drive to alleviate flooding of roadway and adjacent structures. Proposed drainage improvements were developed in the scope assessment phase of the Brennan Avenue Drainage Improvements project (City Project #01602). Proposed drainage improvements are illustrated on Attachment E 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 1.2. Communications and Reporting o City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of 22 O 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 biweekly 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 respective CITY Department. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth s Schedule Guidance Document. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs and make changes necessary to meet their requirements, as part of the design scope. • 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 identifying the name of the company and the company representative. ASSUMPTIONS • The ENGINEER will conduct approximately four (4) design review meetings with the CITY review team at 30%, 60%, 90% and final design milestone submittals. There will be approximately three (3) attendees representing the ENGINEER at the review meetings. ® Design plans are for approximately 4,000 linear feet (LF) of proposed drainage improvements, and will include supporting hydraulic calculations and structural details. It is estimated that there will be approximately sixty (60) design sheets per set. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 16 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 CITY 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. 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 for the subject site A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the countours labeled. Data source 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 will be calculated and shown. 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. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 16 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D 0 • 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 appropriate 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; nunter 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 Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. Update (or 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 4 of 16 0 • 0 • 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 indude 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 stormwater improvements, including existing lot layout, streets, street right-of-way proposed easements, and existing utilities gathered during the SUE within the project limits. • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS • All stormwater calculations and design shall conform to the City of Fort Worth Stone Water Management Design Manual, March 2006. • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • Ten (10) copies of the conceptual design package will be delivered. Two (2) copies will be full size (22" x 34") drawings and eight (8) will be half size (11" x 17"). City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 16 • 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. DELIVERABLES A. Conceptual Design Package. 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. • 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 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 Street). • Overall project easement layout sheet(s). • SUE plan drawings. • Plan and profile drawings of proposed stormwater improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable) sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No Tess 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 between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.3 Constructability Review City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 16 • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction peisonnel to walk the project. The ENGINEER shall summarize the CITY s comments from the field visit and submit this information to the CITY in writing. 3.4 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. • 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 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 engineerregistered in the State of Texas. ASSUMPTIONS • All storm water calculations and desgn shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • Two (2) full size sets of plans will be delivered for Utility Clearance and for Constructability Review. • Fifteen (15) half size sets of drawings will be delivered for Utility Clearance, Constructability Review and Preliminary Design Review. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 7 of 16 • 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. DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings C. Documentation of key design decisions (Project Decision Log) D Estimates of probable construction cost E. Public Meeting exhibits F. Traffic Control Plans TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. • • 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. 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. 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 Stoim Water Management Design Manual, March 2006. • Eleven (11) half size sets and Two (2) full size sets of drawings and Four (4) sets of 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. • One (1) half size set and One (1) full size set of drawings and Two (2) sets of specifications will be delivered for the 100% design. • A DWF file for the 100% 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 • MO Release Date: 08/27/2010 Page 8 of 16 • Estimated final sheet list will include (cover, general notes, horizontal control sheet drainage area map, hydraulic calculation sheets, plan and profile sheets (approx. 20), demolition sheets easement layout, SUE plan sheets, traffic control sheets, erosion control sheets, special detail sheets) DELIVERABLES A. 90% construction plans 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 authorized construction 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. 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 .pdf 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 the Summary Worksheet(s) in the workbook 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. • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 9 of 16 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 • Attend the bid opening 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 hto the contract documents and issue conformed sets. ASSUMPTIONS The project will be bid only once and awarded to one contractor. • Three (3) half size sets of drawings and Three (3) sets of specifications will be delivered for the bid phase. • Twenty four (24) sets of conformed plans and specifications will be delivered to the CITY and made available on Buzzsaw. The Twenty four (24) plans shall consist of nineteen (19) full size 22"x34" and five (5) half size 11' x17' drawings. • PDF and DWF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Conformed construction documents TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 10 of 16 • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to.help explan 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 at requested intervals as construction proceeds to observe and report on progress. • 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 ' Final' project 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: 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. Example: W-OO53_org3.pdf and K-032O_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 11 of 16 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 • Construction duration is assumed to be 9 months. A duration exceeding this time frame will be considered additional services. • Adequate notice is considered 48 hours. • The ENGINEER will visit the site once a month for up to 9 regular monthly site visits. Apart from monthly site visits, additional site visits for an RFI or Change Order may be required, as requested by the City Total number of site visits not to exceed 4 . • Site visits made by the ENGINEER as a result of errors and/or omissions made by the ENGINEER are excluded and will be at the ENGINEER's sole responsibility. The site visit report will include date, time, name of observer, site pictures, description of the work being performed and a bulleted list of observations. A report will be prepared for each of the potential 13 site visits. • Up to 30 submittals will be reviewed. Submittals may include review of shop drawings, record data, contractor modification requests, certified test reports, proposed contract modifications, pay requests, or schedule of progress updates. Up to 10 RFIs will require answers. • Up to 2 change order will be issued. • Record drawings will incorporate contractor's change orders, contractor and inspector markups, and/or CITY as built survey. No as built survey from the ENGINEER is included in this scope. • Changes in site conditions occurring after the beginning of construction are not the responsibility of the ENGINEER. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 12 of 16 D. Review of shop drawings 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 and no easement is required to enter their property. • 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 (i.e. iron rods, fences stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations and street closures • It is assumed that up to three (3) permanent drainage easements will be prepared for this project DELIVERABLES A. Right -of -Way, easement exhibits and metes and bounds provided on aTY forms B. Temporary Right of Entry Letters City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 13 of 16 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 indude topographic data, utilities as required by the SUE, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. ® The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not Tess 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). 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. o The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. DELIVERABLES 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. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Stormwater 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 14 of 16 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. 9.3 Floodplain Services • Proposed drainage improvements outfall to a FEMA floodplain. Preparation of a request for Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) to FEMA is anticipated. • Prepare and assist the CITY with submission of request for CLOMR/LOMR report to FEMA to revise the current effective approximate Zone "A" floodplain north of Northside Drive and east of Cold Springs Road to reflect the reduced post project floodplain. Several large industrial properties may be removed from the floodplain as a result of implementing this project. P repare CLOMR/LOMR report to include hydrologic and hydraulic study methodology and results, FEMA application forms and revised floodplain exhibits. • • • • 0 0 0 Completing all FEMA forms/applications necessary. S ubmitting forms/applications/ CLOMR/LOMR reports for CITY and FEMA review. Responding to CITY and FEMA comments and requests. P reparation of floodplain development permit for CITY approval is anticipated. Negotiating and coordinating to obtain approval with the CITY for a floodplain development permit. Completing all CITY forms/applications necessary. S ubmitting forms/applications for CITY review. S ubmitting revised forms for CITY review. Responding to CITY comments and requests. 9.5. Railroad Permit • 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 agency review • Responding to agency comments and requests DELIVERABLES A. Stormwater pollution prevention plan (SWPPP). B. CLOMR/LOMR application and report preparation and coordination with FEMA. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 15 of 16 C. Floodplain development permit application preparation and coordination with City. D. Railroad permit coordination and application preparation, if required. TASK 10. ADDITIONAL SERVICES ENGINEER will provide additional services support as follows. 10.1. Meet with property owners and other stakeholders to discuss and/or explain project scope and objectives, as requested by the City. 10.2. Assist and/or facilitate additional meeting(s) regarding proposed improvements and their impacts, as requested by the City. 10.3. Prepare additional exhibits and sketches regarding the proposed improvements, as requested by the City ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scone of Services - CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services if needed, upon the CITY's written request Any additional amounts paid to the ENGINEER as a result of any material change to the 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for Brennan Avenue Drainage Improvements City Project No 01602 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $389,184 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. II. Method of Payment A. 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. 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 No ATTACHMENT B COMPLZNS ATION Summary of Total Project Fees Firm Prime Consultant Freese and Nichols, INC services Proposed M/WBE Sub°Consultants Gorrondona and Assoc. Gorrondona and Assoc. Gorrondona and Assoc. Mas-Tek and Assoc. NonaIVJ/WBE Consultants Primary Responsibility Engineering and design Design survey SUE Easement Preparation Geotechnical Analysis Project Number & Name 01602 Brennan Avenue Drainage Improvements City M/WBE Goa City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2of3 TOTAL Total Fee $389,184 Fee Amount $303,268 $21,600 52,228 $2,598 $9,490 $389,184 M/WBE Fee $85,916 77.9% 5.6% 13.4% 0.7% 2 4% 100% IJW B E % 22.1% Consultant Committed Goal =2' •) % 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 B PMO Official Release Date: 5.19,2010 Page 3 of 3 Professional Services Payment Request Project Manager: Project: 1Brennan Avenue Drainage Improvements City Project #: 101602 City Sec Number: 141159 Purchase Order: 1 Company Name: (Freese and Nichols, Inc Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 'Scott Berman 437001 1 7/1/2012 8/1/2012 8/15/2012 Vibhuti Pandey, PE Summary Consultant Instructions: Fill 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. email: I sfbefreese.com Office Address:I4055 International Plaza, Suite 200, Fort Worth, Texas 76109 Telephone: 1817-735-7300 Fax: 1817-735-7491 Agreement Agreement Amendment Amount to FAC and Work Type Description Amount Amount Date Storm Water P227 531200 2022801602 Storm Water Design T ©dais 1-Ns Payment Request $389,184.0C $389,184.0C $389,184.00 $389,184.00 Overall Percentage Complete: Completed Amount Percent ($) Invoiced Current Completed Previously invoice Remaining Balance $389,184.0C. $389,184.00 Task No. Task Description 1.0 Project Management 1.1'Managing the ream 1.1.1 Internal Team Meetings 1.1.2 QA/QC 1.2 Communications and Reporting 1.2.1 Pre -Design Coordination Meeting [monthly, bi-monthly, monthly] Project 1.2.2 Update Meetings 1.2.3 Design Submittal Review Meetings (4) 1.2.4 Prepare Baseline Schedule Prepare Monthly Progress Reports with 1.2.5 Schedule 1.2.6 Prepare Monthly MWBE Reports 1.2.7 Invoking 2.0 Conceptual Design (30-Percent) 2.1 Data Collection Drainage Computations and Drainage Area 2.2 Ma 2.3 Pollutant Removal 2.4 Subsurface Utility Engineering 2.5 Despn Drawings 2.6 Project Decision Lo 2.7 Construction Estimate 3.0 Prelimina^cDesign (60 Percent) 3.1 Preliminary Desion Drawings 3.2 Geotechnical Invest)p,ation/Pavement Design 3.3 Constructability Review 3.4 Public Meeting 3.5 Utill)y Clearance 3.6 Traffic Control Plan 3.7 Project Decision Log 3.8 Construction Estimate City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Project Project Director Manager Rate $195$164j 2d' 58 12 12 4 4 0 0 2 12 8 2 12 6121 4 Project Engineer $121 24 Attachment B - Level of Effort Supplement TASK/HOUR BREAKDOWN Design Services for Brennan Avenue Drainage Design City Project No. 01602 Labor (hours) Construction Construction Administrative Total Labor Manager Contract CADD Accounting Cost Administrator Sid $9g $9 J $77 111 1 12 $25,02 401 0 12 d 40 8 1911 40 24 40 120 4 8 7' 40 186 12C 4 4 4 1 8 40 8 4, 21 21 4 4 4 12 di 2641 24 240 01 2801 240 8 28 $4.950 $10,120 S718 $1,968 S3 06d t$28 51,968 S790 S1.11 Subconsultant Travel MWBE Non-MWB s j 5 $10d S58,480 S52,228 S6.808 $5.840 S15+ S43,88zdr S32 ) S 1.624 $52,2281 S6? 476 $9.494 S 3.880 51.140 $9,490 S1,80 $2,38 J $9,7,44) S2 3841 628 $812 Efense E $100 II Total Expense Reproduction Cost S4 S4oi S2,000 s4a 52,000 SOt $12C $2, 000 $2,n0 $40 $40 $40 S 10 0 SO 50 Task Sub Total S25,120 54,950 S10,120 SO S718 50' S100' S0 SO S0 S0 S54,26 S4 0 o 50 S52.228 6'.oda so 50 S11 610 $1,000 S9, 530 $40 $40 S0 S0 5d S0 S1.96E1 S3,100 S320 S1,960 t'790 S1,118 S112,748 56.840 55.840 50 S52,228 S45,880 S328 S 1.624 $74//006 $45,880 $106670 $1,)441 $2.424 59,744 S2.384 S328 S812 1 of 3 Task No. Task Description Project Director Rate" $19( 4.0 Final Desi'n 0 Final Draft (90%) Construction Plans and 4.1 Specifications 4.2 Final (100%) Plans and Specifications 4.3 Project Decision Logs (90% and 100%1 4.4 Construction Estimates (90% and 100 0) 5.0 Bid Phase 5.1 Bid Support Sell Contract Documents and Maintain 5.1.1 Plan Holders List 5.1.2 Issue Addenda 5.1.3 Attend Pre -bid Conference 5.1.4 Attend Bid Opening 5.1.5 Tabulate Bids and Recommend Award 5.1.6 Issue Conformed Contract Documents meg 6.0 Construction Phase Services 6.1 Construction Support 6.1.1 Attend Preconstruction Conference 6.1.2 Attend Public Meeting 6.1.3 Project Site Visits (up to 13) 6.1.4 Submittal Review Request for Information/Change Order 6.1.5 Review 6.1.6 Final Walk Through and Punch List 6.2 Record Drawings 7.0 t2OW/Easement Services 7.1 Right -of -Way Research Right-of-Way/Easement Preparation and 7.2 Submittal (3 Permanent Easements) 7.3 Temporary Right of Entry Submittal City of Fort Worth, Texas Attachment B- Level of Effort Supplement PMO Official Release Date: 5.19.2010 0 ■ 0 0 Project Project Manager Engineer $164 $121 64 168 40 120 1 40 4 2 2 4 4 2 2 8 Attachment B - Level of Effort Supplement TASK/HOUR BREAKDOWN Design Services for Brennan Avenue Drainage Design City Project No. 01602 Labor (hours) Construction Construction Manager Contract Administrator 515E $98 0 0 CADD Administrative (Total Labor Accounting Cost $95 577 320 240 80 41 4 54 0[ 0 2 2 2 2 16 2 4 32 161 901 401 401 16 4 4 51 20 6 8 40 0 40 81) Expense Subconsultant ) MWBE) Non-MWBE) $61,22 6 s61 S43.880 $ S1 5,06 $656 $1, 62 $7.096 51,568 $196 $902 $902 5392 $3,136 Travel S0 Total Expense Reproduction II Cost 4,006 $2,000 $ S2,00 $01 $801 $5.000 $40 $4d $5.000 $25.25, $01 $01 $3001 $66 $0 $8,632 $260 S7.240 $996 $1,328 $6,392 $2 381 S1.)92 S0 $1,192 $ 2.59' $2,598 so $40 se $1,000 $1,000 0 Task Sub Total $4,000 $65,224 $2.000 S45,880 $2,000 S17,064 S0 S656 SO S1,624 $5,080 $12,17u S0 S 1 568 5, Q196 $40 $942 S40 5942 S0 : 392 $5,000 S8,136 $1,300 $26,552 $0 SG64 S0 SO ;260 S8.892 S0 57.240 $0 $996 $40 $1368 $1.06 $7.2 $2.598 $4``982 SO $1.192 $2,598 $2,590 $0 S1,192 2of3 Task No. Task Description 8.0 Surve\ 8.1 Design Survey 8.2 Tem orajj-� Ri ht of Entry Submittal 8.3 Construction Survey 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 10.0 Permitting SWPPP Environmental Services 1Q�tain Services Railroad TDLR City of Fort Worth Parks Conversion Miscelanneous Design Allowance City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Project Project Director Manager Rate $19 / $164 I 0 rm- r Totals:' 20 Project Engineer $121 0 Construction Manager $161) Attachment B - Level of Effort Supperrient TASK/HOUR BREAKDOWN Design Services for Brennan Avenue Drainage Design City Project No. 01602 Labor (hours) Construction Contract CADD Administrator 598 $95 0 0 Administrative Total Labor Accounting Cost $77 0 64, 128 0 1Z 40 12 a a 24 80 24 33 I 7281 1381 S25,9 $4,8 d $16,240 SO $4,81 $0 S0 Subconsultant MWBE SO $21 600 6 S0 S0 84 941 9241 121 526791 1 $21,600 $0 Ex ense Travel Non-MWBE S0 SG S0 Reproduction S0 $120 $12,000 $8(J $40 $85,91 bI $2,000 $10,000 $01 $7601 $26,000 Total Expense Cost 1 Task Sub Total $21.600 $21,600 S0 SO $21,600 S21,600 S0 12,120 50 S80 $2,000 S0 S40 W r.0 $0 S 10,000 5112,676 $38/104 S4,872 580 518.240 50 S4,912 r /0 $10,000 $380,592 Project Summary Total Hours 2,252 Total Labor $267,916 Total Expense $112,676 MWBE Subconsultant. $85,916 Non-MWBE Subconsultant $0 10% Sub Markup $8.592 MWBE Participation 22.1% Total Project Cost $389,184 3 of 3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Brennan Avenue Drainage Design City Project No 01602 <List any changes to the Standard Agreement> None City of Fort Worth, Texas Attachment C PMO Release Date: 05,19,2010 Page 1 of 1 ID Task Namo '—'Project Start 2 City Negotiations & M&C Process —3—Notice to Proceed Project Management 5 Project Kickoff Meeting 6 Data Collection 7 Field Survey/SUE 6 Conceptual 30% Design 9 Submit 30% Design 10 City Review 11 Preliminary 60% Design 1 Submit 60% Design 13 City Review u• rinal 90% Design 15 Submit 90% Design 16 City Review t7 Final 100% Design 18 Submit Final Design 19 Bid Phase Assistance 20 Award Project 21 Construction Phase Assistance 22 Project Compete Duration 1 day 107 days 1 day 483 days 1 day 10 days 24 days 60 days 1 day 10 days 60 days 1 day 10 days 40 days 1 day 10 days 30 days 1 day 30 days 1 day 196 days Start ! Feb 't _ �ry5I11 Mon 2/13/12 I Tue 2/14/1 2' Mon 7/30/12 Mon 7/30/12 Tue 7/31/12 ' Wed 8/1 /12 I Wed 8/1/12 1 Tue 9/4/12 Tue 11 /27/1 2 Wed 11 /28/1' Wed 12/12/12 Wed 3/6/13 Mon 3/18/13 Mon 4/1/13 Mon 5/27/13 Tue 5/28/13 Tue 6/11/1: Tue 7/23/12 Wed 7/24/12 Wed 9/4/13 Thu 9/5/13 1 day Fri 6/6/14 ATTACHMENT D - SCHEDULE BRENNAN AVENUE DRAINAGE IMPROVEMENTS DESIGN CITY OF FORT WORTH CITY PROJECT NO. 01602 t3 I M r'11 •r'1 Mn '12 Ju '12 tl'12 Au.'12 Sep't2 Oct'12 1 Novy2 hoc' a 13 Fob' 3 Ma ' 3 pr' q 13�Jun'13 Jul'13 u 13 3a1h�t 1 6 �� �i �• ©� '41 �•,• s 21s2�2I9fi i a�h4ztb�4htae�s�Tsh o.6 .� 3 atn ©�, c ��•2 ^t z s ..d7h4 12 411022 I I I I I I I I I I I I I I I I I I I l I 5 Se • 3 Oct '13 561M Oil, 3 h014 ov'13 qLDoc'13�Jan'14 LFeb'141 Mar'14 Apr'14 M3V'''114 Jun' iLC17—I116hst sl1tc?G2'9TjQ3[219 C2 Cfij1l3`27170tiB 5118�1: _1 4 616 t P.p.1 Legend _ Proposed Junction Box Existing Storm Drain Existing Culvert Proposed Storrn Drain 2-ft Contours (NCTCOG 2001) Existing Channel Proposed Grading PROPOSED HEADWALL AND GRADING PROPOSED HEADWALLS y►_e'ws cmaralNre Depth (ft) 0.25 0.50 1.0 2.0 3.0> PROPOSED HEADWALL CLEAR DEBRIS LEVEL "D" SUE - EX-UTIL-COMM EX-UTIL-ELECTRIC EX-UTIL-GAS - - - EX-UTIL-SANITARY EX-UTIL-STORM EX-UTIL-WATER 600 +-c©t inn 1 Freese Rt Nichols, Inc. 4055 international Plaza, Suite 200 Fort Worth. Texas 76109 Attn: Mr. Scott Berman, 1,. ., \FM Februany 14., 20(12 Mr i FORT WO``11 b 1:3RE A lik \\i AV EMIEMIL DRAU NAG 11[1.1POVL RIII_[WfS Dear Mr. Berman: Gorrondona as Associates, Inc. (G&AI) is pleased to submit this proposal for professional land surveying and subsurface Wilily engineering services for the above referenced project. The total linear feet of proposed drainage improvements required is approximately 4,320 linear feet. The following itemized surveying services are to be provided by Gorrondona & Assoc. Inc.: I.) Research property owners and obtain copies of subdivision plats, deeds, and platted easements and Tarrant Appraisal District Data sheets. 2.) Provide benchmark data based on the City of Fort Worth vertical datum. Set temporary benchmarks ever),,' 500 feet and locate them, so they will not be destroyed during the construction project. Horizontal control shall be tie to NAD83, Texas State Plane Coordinate System. 3.) Locate properly corners and .-establish property lines and existing right=ofaway lines. Prepare a rightaof� vay map of the existing right-of-way showing Tots numbers, ownership with recording information and all of the parcels of land affected by the project. Deliverables include a rightnofnway map to overlay onto the topographic survey prepared in AutoCAD along with copies of deeds, subdivision plats and tax ownership information. 4.) Tie all improvements X, '( 8t 7 (water valves, fire hydrants, storm drains, manholes, concrete channel along Brennan, streets, driveways, curbs, 6" trees and larger, signs, etc.) within the defined limits as depicted in an email dated 1/30/2012 provided by engineer. Provido flowline elevations of all sanitary sewer, storm drainage inlets and manholes along the route. The limits of the topographic survey shall include 50' cross sections extending 1 7524 Jack Newell Blvd. So. 0 Fora Worth, Texas 76118 0 817.E-96.1424 0 Fax 817.496.1768 6 www.ga-inc.net right�of-way to right-of-way within Brennan Avenue and Cold Springs Road. At the intersection of Brennan Avenue and the existing drainage channel the design survey shall extend a minimum of 100 feet up the drainage channel on either side Brennan Avenue. The design survey shall extend out to cover the defined areas as sllovltl in tie -9xhibii provided by Freese & Nichols, Inc. at the intersection of Cold Springs Road and Northside Drive. This survey scope is intended to cover all survey requested items as describe in an email dated 1/30/2012 provided by Freese & Nichols, Inc. 5.) Deliverables shall include an AutoCAD drawing file showing all of the features located, ground elevations and 1-foot contours with tin file (XML). Provide copies of the survey field notes a hardcopy of the coordinates and an ASCII file of the coordinates for the points located. AMOUNT (SURVEY Cost) $ 21,600.00 6.) Prepare a metes and bounds description with exhibit on letter size for up to three (3) proposed permanent easements to the City of Fort Worth's standards. Permanent easements will be on a per parcel basis for a fee of $866 00 per document. Deliverables shall include five (5) approved, signed and sealed originals to the City of Fort Worth. AMOUNT (SURVEY Cost) $ 2,598.00 7.) SUBSURFACE UTILITY ENGINEERING QL "B" Introduction G&AI will perform the SUE work required for this project in general accordance with the recommended practices and procedures described in ASCE Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data) As described in the mentioned ASCE publication, four levels have been established to describe the quality of utility location and attribute information used on plans. The four quality levels are as follows: Quality Level D (QL"D") _ Information derived from existing records; ® Quality Level C (QL"C") - QL"D" information supplemented with information obtained by surveying visible above -ground utility features such as valves, hydrants, meters manhole covers, etc. ® Quality Level B (QL' B") — Two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods Also known as 'designating" this quality level provides the approximate horizontal position of subsurface utilities within approximately one foot 2 Quality Level A (QL"A") — Also known as "locating", this quality level provides precise three dimensional (x,y,z) information at critical locatioi Is by exposing specific utilities. Nondestructive vacuum excavation equipment is used to expose thetilities at specific points which are then tied down by survey. It is the responsibility of the SUF. provider to perform due -diligence with regard to records research (QL "D ) and acquisition of available utility records. Utilities not identified through these efforts will be here forth referred to as ' unknown" utilities G&AI personnel will scan the defined work area using electronic prospecting equipment to search for `unknown" utilities. However, G&AI is not responsible for designating and locating these "unknown" utilities. S cope of Work Based on information provided by F&N, G&AI has developed a preliminary scope for the SUE work required for this project. The scope of work may be modified, with F&N's concurrence, during the performance of the SUE fieldwork if warranted by actual field findings. The scope of this proposal includes Quality Level B SUE along Brennan, Cold S prings Road and Northside Dnve, in Fort Worth. The SUE investigation will be conducted from right-of-way to right-of-way across each street. Along and crossing Brennan, G&AI expects to encounter 6 to 7 utilities, incictdirig water, sewer, storm drain, gas, telecommunications, and natural gas pipelines. Along and crossing Cold Springs, G&AI expects to encounter 5 to 6 utilities. Along and crossing Northside, G&AI expects to encounter 3 to 4 utilities. Designating Procedures P rior to beginning field designating activities, G&AI's field manager will review the project scope of work and available utility records. Once these initial reviews are complete, the field manager and technicians will begin designating the approximate horizontal position of known subsurface utilities within the specified project limits. A suite of geophysical equipment (electromagnetic induction magnetic) will be used to designate metallic/conductive utilities (e.g. steel pipe electrical cable telephone cable) N on-metallic/non-conductive utilities will be designated using other proven methods, such as rodding, and probing. Where access is available, a sonde will be inserted into the utility line (e.g. PVC gravity sewer pipe) to provide a medium for signal transmission, which can then be designated using geophysical equipment. In instances where access is not available (e.g. pressurized PVC water line), G&AI personnel will attempt to designate the utility by probing. G&Al personnel will utilize vacuum excavation equipment outfitted with a high-pressure water lance to conduct probing. Probing will typically be conducted at 100-foot intervals, however, the probing interval may vary depending on the specific alignment of the utility. When using probing methods to designate G&AI will 3 vacuum excavate test holes periodically to provide positive visual verification that the correct utility is being probed. Due to obvious inefficiencies, probing will not be attempted in paved areas. G&AI will establish routine / ordinary traffic control (cones and free standing signage, etc.) whenever required as part of our standard pricing. If non routine traffic control measures are required (barricades, flag person, changeable message hoard, etc.), these services will be considered extra. Accurate collection and recording of designated utilities is a critical component of the SUE process. G&AI has developed a proven method of collecting and recording survey information once the utilities have been designated in the field G&AI's field manager will produce detailed sketches depicting each utility as well as relevant surface features such as roadways, buildings manholes, fire hydrants, utility pedestals, valves, meters, etc Each utility will be labeled with a unique ID code. For example, if two buried electric cables exist on the project, one will be labeled El and the other E2. Paint and pin flags will be used to designate the utilities in the field. A labeled flag or paint mark will be used to mark each location where a survey shot is required. Shot points will typically be placed at 50-foot intervals. The shot locations will be numbered sequentially for each individual utility line. For example, if there are 50 shots required on buried electric line El, the points will be numbered E1-1 through E1-50. Preliminary field sketches of the flagged locations will be completed by G&AI's Project Manager prior to mobilization of the survey crew. Deliverables G&AI will prepare a SUE plan, in electronic format, depicting the designated utilities Test hole data will be summarized in tabular format and points will be added to the SUE plan CAD deliverables. Schedule Designating field work can commence within two weeks after receipt of NTP. G&AI estimates that the designating work can be completed in ten to twelve days QL A test holes can be completed in approximately two weeks weather permitting. Deliverables can be provided one week after completion of field work and surveying ties Estimated Fees G&AI proposes to perform the work on a unit rate basis, per foot of roadway for QL "B", using the following rates and estimated quantities: 4 Item Level'; Brennan Road Level B; Cold Springs Road Level 13; Northside Road TOTAL Quantity 1,650 1,765 Unit Rate $ /.00 $6.00 $4.50 Fla 675 LF Subtotal .11,550.00 $ i 0,590.00 $3,038.00 $25,178.00 "A" to t hobs will be completed per the rate table below with actual depths and quantity being used for invoicing. Based upon the utilities within the project limits we anticipate 2 in the O-4 foot range (all in pavement), 9 in the 443 foot range (one outside pavement), and 2 in the 8-12 root range (all in pavement), for an estimated cost for test holes of $1 6250000. in isolated cases, non routine traffic control may be required to safely designate or locate utilities. For example, test holes near intersections or in middle lanes of the arterial corridor may require more complex traffic control than our crews can transport and administer. The costs of nonnroutine traffic control will be subcontracted and invoiced at cost, and we assume the unit rate for such occurrences are S1,800/day. We estimate 6 days of tvvo=man flagging operation for traffic control will be required due to the location of the OL A test holes, at a total cost of $105&IOODOO. Test Hole Depth 04 ft. With Survey SO With Survey 842 ft. With Survey 1248 ft. With Survey COTAL In Pavement Using Coring Machine Unit Price Quantity $ 950.00 $ 1,050.00 2 $ 1,150.00 $ 1,250.00 8 $ 1,450.00 $ 1,550.00 $ 2,600.00 $ 2,700.00 Outside Pavement Unit Price Quantity $ 750.00 $ 850.00 Unit Price Notes Each $ Each $ 2,100.00 $ 950.00 Each $ $ 1,050.00 1 Each $ 11, 050.00 $ 1,250.00 2 $ 1,350.00 'i 2 $ 2,400.00 $ 2,500.00 5 'i Each $ - Each $ 3,100.00 Each $ Each $ IMP $ -10,2 i0.00 Gorrondona 11 Associates, Inc. can complete the above itemized surveying tasks 1 thru 5 for a hourly not -to --.exceed fee of $21,600.00 and unit rate fee of $2,598.00 for task 6. Task 7 will be t: lump sum fee of $25,178.00 for Level :,B5, S UE services and a unit rate fee of $27,050.00 for Level "A" services. The total fee for this proposal is $76,4'26OO. If you have any questions or need additional information please contact me at (81 7 )496-1424. S incerely, coma 1 ma No 4ST, ASSOCIATES, EINCC✓O At,' ,<>/„.., W. Truett Wilson, RPLS S urvey Director 6 February 9, 2012 Mr. Scott Berman P E , CFM, CPESC 4055 International Plaza S uite 200 Fort Worth, Texas 76109 P hone: (817) 735-7460 e-mail: sfb@freese.com Re: Proposal for Geotechnical Investigation Brennan Avenue Drainage Improvements Fort Worth, Texas MTE Proposal: P12-0207E Mr. Berman: Transmitted herewith is our proposal for a geotechnical engineering investigation for the project referenced above. PROJECT REQUIREMENTS The project consists of drainage improvements along Brennan Avenue and Cold Springs Road in Fort Worth. The project will include new storm drains, head walls, junction boxes and a possible horizontal bore beneath a hill adjacent to the Mercado/Northside Drive intersection. Invert depths of structures and storm drain pipe will be less than 15 feet. SCOPE OF WORK • Staking of borings by Freese & Nichols (surveying and elevations at boring locations by Freese & Nichols) ® Utility clearance and traffic control by MTE with DIGTESS and City of Fort Worth. MTE cannot be responsible for damage to any utility line that is not correctly marked prior to our arrival. ® Four (4) borings to depths of 20' depths. It is anticipated that all borings will be drilled on the side of the existing roads in city property. This is the assumption made for this proposal. Ge technical ConsMniting & Materials Testing 5132 Sharp Street Dallas Texas 75247 972 709-7384 Proposal for Geotechnical Investigation Brennan Avenue Fort Worth, Texas MTE Proposal: P12-0207E February 9, 2012 Page 2 • .aEiates, Enco Groundwater measurements will be made after completion of each boring. All borings will be backfilled with soil cuttings and plugged with concrete after groundwater measurements are made. • Laboratory tests will include a continuous pocket penetrometer strength/swell profile, Atterberg limits (plasticity index), moisture content tests, unit weight, unconfined compression, and swell tests. • The Geotechnical Report will include recommendations for the proposed improvements described above. Assumptions and Exclusions: • It is assumed that all borings will be accessible by conventional truck mounted drill rigs during normal working hours. Fees for clearing and/or construction of temporary access ramps have not been included in this proposal. • It is assumed that the client will have obtained right-of-way permission to drill at all boring locations including any private properties prior to mobilizing our drill rig to the site. Fees for standby, delay, or work stoppage have not been included in this proposal. • Some rutting may occur while accessing the boring locations depending on ground conditions at the time of this investigation. MTE is not responsible for repairs to any rutted areas. It is anticipated that all borings will be drilled along the edge of the existing roadways. Due to reported very low traffic volumes, it is anticipated that traffic control requirements will be limited to only signs and cones Flagmen with radios are not anticipated and have not been included in the scope of this proposal. Lump Sum Fee: $9,490.00 Proposal for Geotechnical Investigation Brennan Avenue Fort Worth, Texas M TE Proposal: P12-0207E February 9, 2012 Page 3 If acceptable, please sign below as our authorization to proceed. Respectfully, ri if_ FIRING tAikeln ASSOCOATE8y Mark J. FE crow, P.C. Senior Engineer ACCEPTED BY: Name MAS-TEK Engineering & Associates, lac. Title Date City of Fort Worth, Texas Mayor and ouncil Communication COUNCIL ACTION: Approved on 7/10/2012 DATE: Tuesday, July 10, 2012 LOG NAME: 20DESIGN BRENNAN AVE DRAINAGE CONTRACT SUBJECT: Authorize Engineering Agreement with Freese and Nichols, Inc., in the Amount of $389,184.00 for the Design of the Brennan Avenue Drainage Improvements Project (COUNCIL DISTRICT 2) REFERENCE NO.: **C-25683 RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering Agreement with Freese and Nichols, Inc., in the amount of $389,184.00 for the design of the Brennan Avenue Drainage Improvements Project. DISCUSSION: The Engineering Agreement recommended by this Mayor and Council Communication will provide for the design services for the Brennan Avenue Drainage Improvements Project. This project is needed to reduce the probability of flooding of the City Service Center and Maintenance Garage located on Brennan Avenue and flooding of the roadway and adjacent structures. Freese and Nichols, Inc., was selected to design this project based on a Request for Qualifications (RFQ) process and their successful completion of the preliminary analysis and engineering for this project. Freese and Nichols, Inc., proposes to perform the design services for a lump sum fee of $389,184.00. Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from revenue bonds in the Storm Water Capital Projects Bond Fund. Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 22 percent M/WBE participation. The City's goal on this project is 22 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 62H, 62M, 63E and 63J. 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 Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 202280160230 $389.184.00 CERTIFICATIONS: Logname. 20DESIGN BRENNAN AVE DRAINAGE CONTRACT Page 1 of 2 Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Vibhuti Pandey (2424) ATTACHMENTS 1. #01602 MWBE Compliance A2 Design Rev1 Anproved.pdf (CFW Internal) 2. FAR-01602-00003 Design 2 pdf (CFW Internal) 3. M AND C 01602.pdf (Public) 4. P227-485249-201289990100.doc (CFW Internal) Logname: 20DESIGN BRENNAN AVE DRAINAGE CONTRACT Page 2 of 2