HomeMy WebLinkAboutContract 43276 (2)criry EtiRsEtAii
1
CITY FORT WORTH, TEXAS COMM CV ®�
STANDARD AGR9idifiENT FOR PROFESSIONAL S M/11MS
9 - r
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
(the "CITY"), and Neel -Schaffer, Inc., authorized to do business in Texas, an independent
contractor ("Consultant"), for a PROJECT generally described as: Mosier Valley Drainage
Improvements.
reticle 1
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with Mosier Valley Drainage Improvements.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment A.
However the total fee paid by the City shall not exceed a total of $ 70,611.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 1 of 8
06-05-1 A i ,l :22 IN
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of four
months beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents employees, contractors,
and subcontractors and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
shall not constitute or be deemed to be a release of the responsibility and liability of
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the Consultant
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
Consultant or Consultant's agent, consultant under contract, or another entity over
which the Consultant s exercises control.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 2 of 8
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Department of Transportation
and Public Works, Attention: J. Felipe Pulido, P E , 900 Monroe, 5th Floor ,
Fort Worth, TX 76102, prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 3 of 8
J.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g.
Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultants insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
Upon the request of City Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns to this
Agreement Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
City of Fort Worth Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 4 of 8
commence correction of such nonperformance with 5 days of wntten notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
2 of this Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub -consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub -
consultant facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub -consultant reasonable advance notice of intended
audit.
(3) Consultant and sub -consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 5 of 8
Article X
Minority and Women Business Enterprise (M/WBE) Participation
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("MIWBE 1) in City contracts.
Consultant acknowledges the M/WBE goal established for this Agreement and its
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant 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.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City
and all of its officers, agents and employees from and against all claims or liability arising out
of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its
employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 6 of 8
Article XIV
S everability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
N otices
N otices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Department of Transportation/Public Works
900 Monroe, 5th Floor
Fort Worth, Texas 76012
Consultant:
Neel -Schaffer, Inc.
Attn James P. Amick, P E
512 Main Street, Suite 415
Fort Worth, Texas 76102
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 7 of 8
[(tidl )XVII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the
BY:
CITY OF FORT WORTH
t-7-zaefrts-4 caA
Fernando Costa
Assistant City Manager
Date' e/402.
APPROVAL RECOMMENDED:
By:
Doug 4.. W. Wiersig, P.E. D
Director, Depart
Transportation/Public Works
APPROVED
B
day ofjL{Or , 20 j1-.
BY:
ENGINEER
Neel -Schaffer, Inc.
e6.--iMmes P. A - ick, P.E.
Engineer Manager
Date: q:-//7(
ctor
nt of
S TO FORM AND LEGALITY M&C No.: -- Z 5-5-y 11
Douglas W. Black
Assistant City Attorney
ATTEST:
Mary J. Kayser
City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 8 of 8
M&C Date:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
IL N&HLC1AffFcER
February 21, 2012
Mr. J. Felipe Pulido, P.E.
IPM Project Manager
309 West 7th Street, Suite 1020
Fort Worth, TX 76102
heatharxn 2 Associates
Reference: Engineering Design Related Services for Mosier Valley Storm
Water Improvernents Project, City Project No. 01661
Dear Mr. Pulido:
The documents for the above referenced project are attached. Please let us know
if you need anything else.
Sincerely,
NEELSCIIAFFER, INC.
•
James P. Amick, P.E.
Engineer Manager
Attachments
O:\Marketing\Fort Worth\201 1 Drainage\Mosier Valley Road Culvert Improvements\Admin\Contract\Cover Letter.doc
ARLINGTON • DALLAS • FORT WORTH • HOUSTON
engineers • planners 6 surveyors • environmental scientists • emergency management
512 Main Street, Suite 415 • Fort Worth, TX 76102 • phone 817-870-2422 • fax 817-870-2489 • www neel-schaffer corn
•
ATTACHMENT "A"
Scope for Engineering Design Related Services for Storm Water Improvements Proiects
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
The ultimate objective of this project is to upgrade the Mosier Valley Road crossing of
Hurricane Creek to reduce: the number of times that the road is closed, erosion and the risk
of vehicles being inundated during and immediately after storm events. This contract
includes:
• Preparing schematic (conceptual) designs for four options to include a 100 year
design culvert, a 100 year design bridge, a 10 year design structure and lastly an
option that could be a Conspan section or other structure.
• Two alternates regarding the road will be developed including a minimal length
improvements and another with longer roadway transitions/approaches. Minor
adjustments in the roadway alignment could be accommodated.
The designs will be evaluated for the potential to leave the road open during
construction. The ultimate roadway width will be designed as 30' to 36'.
• All options will have hydraulic modeling. That baseline model will be provided
electronically by the City. No hydrology will be included in this contract.
Topographic survey.
• Coordination with the City of Euless.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design
Task 7. ROW/Easement Services
Task 8. Survey Services
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
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 1 of 8
• 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
• 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 weekly 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. This will include coordinating with the City of Euless.
• 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
•
•
•
•
•
Maximum of three update meetings.
Maximum of three design review meetings.
Maximum of eight design team meetings.
Maximum of six invoices, progress reports, schedule updates and M/WBE
reports.
Maximum of four meetings with the City of Euless.
DELIVERABLES
A. Meeting summaries with action items
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 2 of 8
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. CONCEPTUAL DESIGN (30 PERCENT).
The Conceptual Design shall be submitted to 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.
2.2. Drainage Computations
•
Use the hydraulic model provided by the City to prepare four alternate models of
the Mosier Valley crossing of Hurricane Creek. These will include a 100 year
design culvert a 100 year design bridge, a 10 year design structure and a
Conspan section or similar. The intent is to design a structure that does not
significantly change 100 year water surface elevations in the model. Modeling will
use existing cross sections of Hurricane Creek only. Adding any cross sections
will be considered additional work. Calculations for the two 100 year options shall
conform to CITY criteria delineated in the CITY's 2011 Storm Water Management
Design Draft Manual. Calculations for the other two options do not have to
conform to the manual.
2.3. Subsurface Utility Engineering
Provide Subsurface Utility Engineering (SUE) to Quality Level B and Al as described
below The SUE shall be performed in accordance with Cl/ASCE 38-02.
Quality Level D
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 3 of 8
• 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 levels) end points of any utility data; line status (e g , active, abandoned,
out of service); line size and condition; number of jointly buried cables; and
encasement.
Quality Level C (includes tasks as described for Quality Level D)
• Identify surface features, from project topographic data and from field
observations, that are surface appurtenances of subsurface utilities
• Include survey and correlation of aerial or ground -mounted utility facilities in
Quality Level C tasks.
• Survey surface features of subsurface utility facilities or systems.
• The survey shall also include (in addition to subsurface utility features visible at
the ground surface): determination of invert elevations of any manholes and
vaults; sketches showing interior dimensions and line connections of such
manholes and vaults; any surface markings denoting subsurface utilities,
furnished by utility owners for design purposes.
• 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
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.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 4 of 8
• Recommend additional measures to resolve differences if they still exist.
Recommendations may include additional or different surface geophysical
methods, exploratory excavation, or upgrade to Quality Level A data.
• As an alternative to the physical marking of lines, the ENGINEER may, with
CITY's approval, utilize other means of data collection, storage, retrieval, and
reduction, that enables the correlation of surface geophysical data to the project's
survey control.
Level A
• Expose and locate utilities at specific locations.
• Tie horizontal and vertical location of utility to survey control.
• Provide utility size and configuration.
• Provide paving thickness and type, where applicable.
• Provide general soil type and site conditions and such other pertinent information
as is reasonably ascertainable from each test hole site.
2.4. The Conceptual Design Package shall include the following:
•
Written summary of alternative design concepts considered, strengths and
weaknesses of each, and the rationale for selecting the recommended design
concept.
• Selection matrix of the four options (100 year bridge, 100 year culvert, 10 year
structure and a fourth option)
• Cover sheet
• SUE Plan sheets sealed by a licensed professional engineer registered in the
State of Texas.
• Horizontal alignment (excluding profiles) of proposed storm water improvements,
including existing lot layout, streets, street right-of-way, proposed easements,
and existing utilities gathered during the SUE within the project limits.
• Proposed phasing of water, sanitary sewer, street and drainage work
documented in both the project schedule and narrative form.
• Documentation of key design decisions (Project Decision Log).
• Estimates of probable construction cost.
• A CD containing the hydraulic models.
ASSUMPTIONS
• Storm water calculations and design for the two 100 year options shall conform
to the City of Fort Worth Storm Water Management Design Manual, March 2006.
Storm water calculations and design for the other two options do not have to
conform to the manual.
•
The City will provide a working electronic hydraulic model of Hurricane Creek to
use for the alternates. If the model is not available in working fashion, any
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 5 of 8
•
•
•
•
•
modeling required to get the baseline model working will be considered additional
services.
The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02.
The project will have a Quality Level B SUE throughout and a maximum of two
Quality Level A locates to a maximum depth of 13'.
Eight copies of the conceptual design package will be delivered. Drawings will
be half size (11' x 17").
DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
ENGINEER shall not proceed with Preliminary Design activities without written
approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Conceptual Design Package.
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.
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 also does not include efforts to resolve any
potential boundary conflicts, gaps or gores which may be exposed in the course
of the mapping by either deed or on the ground possession.
Exhibit(s) and parcel(s) descriptions for obtaining property or construction
easements are not included in this proposal but will be considered as Additional
Services.
DELIVERABLES
A. Strip map showing parcels/easements to be acquired.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 6 of 8
TASK 8. SURVEY.
ENGINEER will provide survey support as follows.
8.1 Design Survey -ENGINEER will perform field surveys to collect horizontal and vertical
elevations and other information needed by ENGINEER in design and preparation of
plans for the project. Information gathered during the survey shall include
topographic data, utilities as required by the SUE, structures, trees (measure caliper,
identify overall canopy, and have qualified arborist identify species of trees), and
other features relevant to the final plan sheets Existing drainage at intersections will
be verified by field surveys. Spot elevations will be shown on intersection layouts
with cross slope to fit intersecting grade lines.
• The minimum survey information to be provided on the plans shall include the
following:
A Project Control Sheet showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400
The following information about each Control Point,
a. Identified (Existing. CITY Monument #8901, PK Nail, 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).
AimilimiEM
8.2. Temporary Right of Entry Preparation and Submittal
• Prior to entering property for field survey, the ENGINEER shall prepare, mail and
attempt to obtain Temporary Right of Entry from landowners.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Buzzsaw site.
ASSUMPTIONS
• The limits extend 150 along the road each side of the existing culvert and 100'
either side of the road centerline, plus an additional 200' along the road 80' wide
both sides of the culvert, plus an additional 50 up and down the creek from top of
bank to top of bank. In addition to the described limits the sanitary sewer
manhole locations and characteristics will be provided on both sides of the above
described limits to provide information on the potential conflict between the new
drainage structure and the existing sewer. The mapping limits as described
contain approximately 2 1 acres. This includes 700 feet of roadway mapping and
300 feet of stream mapping. The roadway mapping includes 300 feet (centered
on culvert) being 100 feet each side of the existing roadway centerline, and 400
feet (outside of the 300 feet) being 40 feet each side of the existing roadway
centerline. The topographic mapping will be shot at a one inch equals 20 feet
scale dictating a shot every 20 feet, plus other breaks in grade. All visible above
ground utilities will be shown.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 7 of 8
• Control sheet will be provided during preliminary design (not conceptual).
® A maximum of four rights of entry will be prepared.
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.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the 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:
•
•
•
•
o
•
•
•
•
•
•
•
•
•
•
•
N egotiation of easements or property acquisition.
S ervices related to development of the CITY's project financing and/or budget.
S ervices 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.
S ervices necessary due to the default of the Contractor.
S ervices related to damages caused by fire, flood, earthquake or other acts of
God
S ervices related to warranty claims, enforcement and inspection after final
completion.
S ervices to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
P erformance of miscellaneous and supplemental services related to the project
as requested by the CITY.
Recreating or debugging of the baseline hydraulic model provided by the City.
Adding any cross section to the hydraulic model.
P reliminary and final design services.
Bid and construction services.
P roperty or easement parcel descriptions
All permitting (i.e., the U.S. Army Corps of Engineers for a nationwide permit,
the Federal Emergency Management Agency for floodplain modifications, etc).
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08/27/2010
Page 8 of 8
ATTACHMENT B
COMPENSATION
Design Services for
Mosier Valley Culvert Improvements
City Project No. 01661
Lump Sum Project
1. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $70,611 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 A, 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.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
P rime Consultant
N eel -Schaffer, Inc. Engineering
P roposed M/WBE Sub -Consultants
S urveying and Mapping Inc. SUE
S pooner & Associates, Inc. Surveying
N on-M/WBE Consultants
N one
Project Number & Name
Primary Responsibility
Fee Amount
$48,720
68.99
$10,631 15.06
$11,260 15.95
TOTAL $70,611 100%
Total Fee
$70,611
M/WBE Fee
$21,891
M/WBE % 1
31.01 %
City M/WBE Goal = 29% Consultant Committed Goal = 29%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 2 of 3
B-2
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 5.19.2010
Page 3of3
Project:
City Project #:
City Sec Number:
Professional Services Payment Request Project Manager: (Felipe Pulido
Mosier Valley Culvert Improvements
01661
Company Name: (Neel -Schaffer, Inc.
Consultant's PM:
Vendor Invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Sheet
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Jim Amick
Consultant Instructions:
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email: Jim.Amicka5Neel-Schaffer.com 1
Office Address 512 Main Street, Suite 415; Fort Worth, Texas 76102
Telephone: 1817/870-2422
Fax: 18171870-2489
FAC and Work Type Description
Totals This Payment Request
Agreement
Agreement Amendment Amount to
Amount Amount Date
Overall Percentage Complete:
Completed
Amount
Percent ($) Invoiced Current
Completed Previously Invoice
Remaining
Balance
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Mosier Valley Culvert Improvements
City Project No 01661
None
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ID Task Name
o ,Project Management
1 Design
2 30% Conceptual Design
3 Issue Design Notice To Proceed
4 Data Collection
5 Drainage Computations
6 Prepare 30% Conceptual Report
7 30% Conceptual Report Submittal
8 Review 30% Conceptual Report (CFW)
9 Hold Project Meeting
10 Address Comments
11 Final Submittal
12
13
14
15
16
Survey
Topographic (Field) Survey
Subsurface Utility Engineering Level B
Subsurface Utility Engineering Level A
Strip Map
Project: Mosier Valley Culvert Improvements
Proj Start: 2-1-12
Task
Split
Progress
11111111111111111111111111111
Duration
80 days
80 days
80 days
0 days
10 days
20 days
10 days
0 days
14 days
1 day
10 days
0 days
55 days
25 days
25 days
10 days
10 days
ATTACHMENT D
Mosier Valley Culvert Improvements
City Project No.: 01661
Predecessors
Milestone
Summary
Project Summary
3
4,13,14
5,15
6,16
7
8
9
10
3
3
14
5
O
Start
Tue 5/1/12
Tue 5/1/12
Tue 5/1/12
Tue 5/1/12
Tue 5/1/12
Wed 6/6/12
Thu 7/5/12
Wed 7/18/12
Thu 7/19/12
Wed 8/8/12
Thu 8/9/12
Wed 8/22/12
Tue 5/1/12
Tue 5/1/12
Tue 5/1/12
Wed 6/6/12
Thu 7/5/12
Page 1
Finish
Wed 8/22/12
Wed 8/22/12
Wed 8/22/12
Tue 5/1/12
Mon 5/14/12
Tue 7/3/12
Wed 7/18/12
Wed 7/18/12
Tue 8/7/12
Wed 8/8/12
Wed 8/22/12
Wed 8/22/12
Wed 7/18/12
Tue 6/5/12
Tue 6/5/12
Tue 6/19/12
Wed 7/18/12
External Tasks
External Milestone
Deadline
Apr
M
Jun Jul
AuQ
<>
0
ATTACHMENT
MOSIER VALLFY ROAD CULVERT IMPROVEMENTS
CITY PROJECT No.: 01661
COUNCIL DISTRICT 5
N.T.S.
Task No.
1.0
1.1
1.1.1
1.1.2
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
1.2.7
1.2.8
2.0
2.1
2.2
2.3
2.4
2.5
2.6
7.0
7.1
8.0
8.1
8.2
Task Description
Rate
Project Management
'Managing the 'ream
Internal Team Meetings
QA/QC
Communications and Re/portinq
Pre -Design ,00rdination Meeting
[monthly, bi-monthly, monthly] Project
Update Meetings
Design Submittal Review Meetings
Prepare Baseline Schedule
Prepare Monthly Progress Reports with
Schedule
Prepare Monthly MWBE Reports
Invoicing
Coordination with Euless
Conceptual Design (30-Percent)
Data Collection
Drainage Computations
Subsurface Utility Engineering
Design Report
Project Decision Log
Construction Estimate
ROW/Easement Services
Right -of -Way Research
Survey,_
Design urvey
1 emporary Right of Entry Submittal
Totals.'
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
PMO Official Release Date: 5.19.2010
Project
Director
$205
13
2
8
1
2
0
0
13
Project
Manager
$145
53
7
2
2
6
8
3
4
5
16
431
8
12
4
10
1
8
2
4J
104
Level of Effort Spreadsheet
TASK/HOUR BREAKDOWN
Design Services for
Mosier Valley Culvert Improvements
City Project No. 01661
Labor (hours)
Project
Engineer
$12 $110
30 4
EIT
4
2
16
8
4
CADD
$90
2
241 1461 161
8
24 80
4
32 16
20
01
0
54
0�
4
4) 8
Administrative
Total Labor
Cost
$50
31 $16,270
$2,04‘
$2.430
j1
3 $1.020
3 $3,310
$510
$795
6 $735
$880
$1,02(
�- $3,520
4
2
2
2
8 2
154 30
311
$26, 935
$2,040
$13,540
$1,120
$6,510
Subconsultant
MWBE
$0
Ex ense
I Travel
Non-MWBE
$0 $240
Total Expense
Reproduction Cost
$180
$60
$120
$240
$36(
$3,360
$750
$750
$10,6311
$10,631
$500
$500
$2,130 $10,760
$1,840 $8,560
$290 $2,200
$46,08 4 $21,891
$01
$0
$0
$0
$601
$60
$20
$20
$20
$20
$340
$920
$100
$500
$100
$200
$10
$10
$25
$2
$75
$50
$2
$1,200
Task Sub Total
$420 $16 690
$60 S60
$0 S2,045
$0 S2,430
$120 $120
$0 $795
$0 S1,020
$0 $3,310
$0 $510
$0 $735
SO $880
$0 $1,025
$240 $3,760
$11,611 $38,546
$160 $2,200
$500 $14,040
$10,73 $11,851
$200 $6,710
$10 $375
$10 $3,370
$545 $1,295
$545 $1,295
$10,855 $12,985
$8,630 $10,470
$2,22 I $2,515
$23,431 $69,516
Project Summary
Total Hours
Total Labor
Total Expense
MWBE Subconsultant
Non-MWBE Subconsultan(
5% Sub Markup
MWBE Participation
Total Project Cost
394
S46,085
$23,431
$21,891
$0
$1,095
31.0%
$70,611
1 of 1
It NEEL SCHAFFER + Cheatham & Associates
January 27, 2012
Mr. Scan Weingartner
SUE Project Manager
Surveying And Mapping, Inc. (SAM, Inc.)
1450 Empire Central Drive, Suite 175
Dallas, Texas 75247
Reference: Engineering Design Related Services for Mosier Valley Storm
Water Improvements Project, City Project No. 01661
Dear Mr. Weingartner:
Neel -Schaffer intends to contract with Surveying And Mapping, Inc. for
providing Subsurface Utility Engineering (SUE) services on the above
referenced project. Neel -Schaffer, Inc. commits 14% of the initial project fee to
your firm.
Please acknowledge this commitment by signing below and returning an original
to me.
Sincerely,
NEEL-SCHAFFER, INC.
James P. Atnick, P.E.
Engineer Manager
SURVEYING AND MAPPING, INC. (SAM, INC.)
r
Mr. Scan Weingartner
SUE Project Manager
O:\Markcting\Fort Worth\2011 Drainage\Mosier Valley Road Culvert Improvements\Admin\Contract\LOI SAM, Inc - Final
2.doc
ARLINGTON • DALLAS • FORT WORTH • HOUSTON
engineers • planners • surveyors • environmental scientists • emergency management
512 Main Street, Suite 415 • Fort Worth, TX 76102 • phone 817-870-2422 • fax 817-870-2489 • www.neel-schaffer con
III NEEL aSCHAFFER
January 27, 2012
Mr. Eric Spooner
Spooner & Associates, Inc.
309 Byers Street, Suite 100
Euless, Texas 76039
Cheatham & Associates
Reference• Engineering Design Related Services for Mosier Valley Storm
Water Improvements Project, City Project No. 01661
Dear Mr. Spooner:
Neel -Schaffer intends to contract with Spooner & Associates, Inc. for providing
Right -of -Way Research, Design Survey and Temporary Right of Entry services
on the above referenced project. Neel -Schaffer, Inc. commits 15% of the initial
project fee to your firm.
Please acknowledge this commitment by signing below and returning an original
to me.
Sincerely,
NEEL-SCHAFFER, INC.
James P. Amick, P E.
Engineer Manager
SPOONER & SOCI & S. INC.
Eric Spoone
Partner
O:1Marketing\Fort Worth\2011 DramageMosier Valley Road Culvert ImprovementAAdmin\ContraenO1 Spooner.doe
ARLINGTON • DALLAS • FORT WORTH • HOUSTON
engineers • planners • surveyors • environmental scientists emergency management
512 Main Street, Suite 415 • Fort Worth, TX 76102 • phone 817-870-2422 • fax 817-870-2489 • www.neel-schaffer.com
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/8/2012
DATE: Tuesday, May 08, 2012
LOG NAME 20DESIGN MOSIER VALLEY DRAINAGE
S UBJECT:
Authorize Execution of an Engineering Agreement with Neel -Schaffer, Inc , in the Amount of
$70,611.00 for the Mosier Valley Drainage Improvements Project (COUNCIL DISTRICT 5)
RECOMMENDATION.
It is recommended that the City Council authorize the execution of an Engineering Agreement with Neel -
Schaffer, Inc., in the amount of $70,611.00 for preliminary analysis and engineering services for the
Mosier Valley Drainage Improvements Project.
REFERENCE NO.: **C-25599
DISCUSSION:
The Engineering Agreement recommended by this Mayor and Council Communication will provide for
preliminary analysis and engineering services for the Mosier Valley Drainage Improvements Project. The
project is needed to mitigate a hazard to motorists created by stormwater runoff overtopping Mosier Valley
Road.
The preliminary analysis will identify deficiencies in the existing drainage system and will include
evaluations to determine the scope for the design portion of the project. Neel -Schaffer, Inc., (Neel -
S chaffer) was selected to design this project based on a request for qualifications process. Upon
completion of preliminary analysis, it is anticipated that this contract will be amended to secure
engineering design services.
N eel -Schaffer proposes to perform the preliminary analysis and engineering services for a lump sum fee
of $70,611.00. 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 Project Bond
Fund.
N eel -Schaffer, Inc., is in compliance with the City's M/WBE Ordinance by committing to 31 percent
M/WBE participation. The City s goal on the project is 29 percent.
This project is located in COUNCIL DISTRICT 5, Mapsco 55W.
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 Project Bond Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
Logname. 20DESIGN MOSIER VALLEY_ DRAINAGE Page 1 of 2
P227 531200 205280166130 $70.611.00
CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Felipe Pulido (8179008345)
ATTACHMENTS
1. 01661 MWBE Compliance revised.Ddf (CFW Internal)
2. FAR-01661-00001 Design odf (CFW Internal)
3. M AND C 01661.odf (Public)
4. P227-485249-201289990100.doc (CFW Internal)
Logname: 20DESIGN MOSIER VALLEY DRAINAGE Page 2 of 2