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Home My WebLink AboutContract 43112 (2)CITV SECRETARY CONTRAfl t4O. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and A.N.A. Consultants, L.L.C., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Tulsa Way Drainage Improvements. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation is set forth in Attachment E. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of serviceb'?CL c000F. hall have Cit ofFortWorth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 1 of 14 CITY SECRETARY t d� �„ 3�r� Ft WORTH? 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 on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (3) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 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 matenally affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects* that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. {. 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropnate 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 Lability 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. 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 Tess 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. t. :, _ _:::, : fnr pc;icies 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. j• 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 Engineering 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. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications as required, at its own cost and expense. However, if design changes are required due to the 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 after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of 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. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11,29.2011 Page 10 of 14 (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, 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. Chances 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. 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 for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the wntten permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER s performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses The CITY'S approval will be obtained in writing prior to proceeding with termination services. E Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT s schedule, commitment and cost of the ENGINEER s personnel and subcontractors, and ENGINEER's compensation will be made. 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. G Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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. 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. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Executed and effective this the day of ow , 20 eGets1411,0446 ATTEST: ,cY aoQctnoente vitt CITY OF FORT WORTH oo pi 00 it z.o s •t O ar)( �/lary J. K City Secretary % 0'6 { lCL—s• on "Oa 41Itly\A`449.1 APPROVED S TO FORM AND LEGALITY APPROVAL RECOMMENDED B ouglas W. Black Assistant City Attorney M&C No.: Z5-5-i9 M&C Date: 3 • - ► 2 • City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 11.29.2011 Page 14 of 14 By: Fernando Costa Assistant City Manager 1 Dou o I . s W. Wiersig, P.E. yDirector, Deparnt of Transportation/Public Works A.N.A. Consultants, L.L.0 ark N. ssaad' Vice Presiden Main .. . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Enaineerinq 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 objective of this project is to provide storm drain improvements from the intersection of Camp Bowie Boulevard and Watonga Street, along Watonga Street to Montgomery Street, and then north along Montgomery Street to tie into an existing storm drain system. These improvements are being provided in order to reduce flooding at the existing Tulsa Way sump that is caused by inadequate capacity at the sump. Task 1. Task 2. Task 3. Task 4. -fast( 5. Task 6. Task 7. Task 8. Task 9. WORK TO BE PERFORMED Design Management Conceptual Design Preliminary Pcsign 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 pro ss on the work. Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work • Communicate internally among team members Task and allocate team resources City of Fort Worth, Texas Attachment A PM0 Release Date: 08/27/2010 Page 1 of 22 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 up to four (4) 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. 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 • Project will be completed according to attached time schedule. Meetings and reporting documents will not exceed a 18 month period DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 15 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 tko T^" AGsecetw'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 the 2011 City of Fort Worth Draft Integrated Stormwater Management Criteria 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. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level A, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 15 Level B (includes tasks as described for Quality Level C1 • Completed as part of Conceptual Design Study 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. • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • • • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. Documentation of key design decisions (Project Decision Log). Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the the 2011 City of Fort Worth Draft Integrated Stormwater Management Criteria Manual. • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • 9 (nine) 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 • 15 (fifteen) D-Holes for Level A SUE City of Fort Worth, Texas Attachment A PMO Release Date: 08/2712010 Page 4 of 15 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 Upon completion of conceptual design submittal ENGINEER shall authorize ENGINEER'S sub -consultant, Freese & Nichols, Inc. hereto referred to as SUB - CONSULTANT to perform the following services: • Obtain information regarding the existing storm drain system and the existing topographic information for the project site. This information may include: digital topographic and photographic data, construction plans, drainage area maps, existing hydrologic and hydraulic computations and field survey information. This information will be utilized to obtain information regarding storm drain system material, size, depth, horizontal and vertical location, contributing drainage areas, inlet and outfall locations for development of models • Obtain and review the Western Heritage Center InfoWorks SD (1WSD) hydraulic model developed by the City of Fort Worth Make adjustments to the model as required to support Tulsa Way design efforts. • Update the 2D portion of the model with the latest field survey data provided by ANA. Anticipated upstream limit of the 2D model is Camp Bowie Boulevard. • Execute existing conditions 2D model and provide downstream starting HGL conditions for ANA design • Develop and execute proposed conditions model from one (1) preliminary design provided by ANA. Check the proposed model versus City of Fort Worth drainage criteria, and make basic modifications to meet criteria as needed. • Prepare brief letter report (2 — 3 pages) detailing methodology, assumptions, and results of the existing and proposed conditions models Up to four (4) hard copies of the letter report and one (1) digital PDF copy well be provided. • Update models and report up to one (1) time based on City comments or design changes. • Prepare for and attend up to three (3) meetings with ANA and/or City to discuss methodology and findings. 3.2. 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 the 2011 City of Fort Worth Draft Integrated Stormwater Management Criteria Manual. • 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 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 15 • (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 storm water 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 less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details 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. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the latest draft of the City of Fort Worth Pavement Design Manual 2011. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. 3.4 Constructability Review • 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 personnel 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. 3.5 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 15 3.6 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 engineer registered in the State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the the 2011 City of Fort Worth Draft Integrated Stormwater Management Criteria Manual. • 12borings at an average bore depth of 12 feet each will be provided. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 5 (five) project specific traffic control sheets will be developed. • Three (3) copies of the geotechnical report will be delivered to the CITY. • 2full size plans will be delivered for Constructability Review. • 13 half size drawings will be delivered for Preliminary Design Review. • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 7 of 15 C. Geotechnical Report D. Documentation of key design decisions (Project Decision Log) E Estimates of probable construction cost F. Public Meeting exhibits G. 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 the 2011 City of Fort Worth Draft Integrated Stormwater Management Criteria Manual. 11 half size and 2 full size drawings and 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. • 1 full size and 1 half size drawings and 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. • • • Estimated Final Sheet List • • • • • 1 - Cover Sheet 2 — Drainage Area Map 3 — Drainage Calculations 4 — Project Layout Sheet 5 — Plan/Profile City of Fort Worth, Texas Attachment A PMO Release Date: 0812712010 Page 8 of 15 • • • • • • • • • • • • 6 — Plan/Profile 7 — Plan/Profile 8 — Plan/Profile 9 — Plan/Profile 10 — Lateral Profiles 11 — Erosion Control Plan 12 — Traffic Control Plan 13 — Traffic Control Plan 14 — Traffic Control Details 15 — Traffic Control Details 16 — Traffic Control Details 17 — Traffic Control Details 18 — Storm Drainage DetailsDELIVERABLES 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 .xls 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 9 of 15 • 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 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 into the contract documents and issue conformed sets. 5.2 Mylar Drawings • • The ENGINEER shall submit a set of sealed conformed mylar drawings for record storage Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 10 of 15 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-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36' shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 20 (twenty) sets of conformed plans and specifications will be delivered to the CITY and made available on Buzzsaw. The conformed plans shall consist of 10 (ten) full size and 10 (ten) half size drawings and 1 (one) CD. • PDF and DWF files will be uploaded to Buzzsaw. • 1 copy conformed full size (22" x 34") mylar plans will be delivered to the CITY. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Conformed construction documents E Conformed mylar plans TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 11 of 15 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site 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. ts.2 Record Drawings • The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size (22" x 34") mylar drawings. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ` 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf 11. Water and Sewer file name example — `X-35667_org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 12 of 15 designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • • • • Monthly site visits are assumed. Five (51 submittal reviews are assumed. Four (4) RFI's are assumed. Two (Z1 Change Orders are assumed. DE." 'Fr:* •.CC' A. Public meeting exhibits B Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E Final Punch List items F. Record Drawings TASK 7. ROW/EASEMENTSERVICES 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 13 of 15 • 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 Entnes 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. DELIVERABLES A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 8. SURVEY 8.1 Design Survey - Completed as part of the conceptual design study and will be available to the City 8.3. Construction Survey — To be performed by the City • Be available to the CITY on matters concerning the layout of the project during its construction 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: City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 14 of 15 • 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 15 of 15 ATTACHMENT B COMPENSATION Design Services for Tulsa Way Drainage Improvements City Project No. 01074 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $180,049 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 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant ANA Consultants LLC Drainage Improvements P roposed M/WBE Sub -Consultants Gorrandonna Syntec Engineering 1 Primary Responsibility SUE Geotechnical N on-M/WBE Consultants Freese & Nichols, Inc. InforWorks Modeling Project Number & Name 01074 — Tulsa Way Drainage Improvements City M/WBE Goal = 16% City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 2 of 3 Total Fee $ 180,049 TOTAL Fee Amount 120,741 j 72.7 19,810 11.2 8,550 4.8 30,948 11.3 $ 180,049 I 100% M/WBE Fee $ 28,360 M/WBE % 15.8 Consultant Committed Goal = 16 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: 'Tulsa Way Drainage Improvements City Project #: 101074 1 City Sec Number: Ito be determined Company Name: (ANA Consultants 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 Travis N. Attanasio ( IMike Perkins 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: 'tnattanasio0anallc.com Office Address: 5000 Thompson Terrace, Colleyville, TX 76034 Telephone: (817)335-9900 Fax: 1(817)335-9955 Remit Address:I FAC and Work Type Description Storm Drainage Improvements P227 531200 2072801074-30 Totals This Payment Request Agreement Agreement Amendment Amount to Completed Amount Amount Date Amount $180,049.00 $180,049.00 $180,049.00 Percent ($) Invoiced Completed Previously LOCK UNLOCK Current Remaining Invoice Balance $180,049.00 $180,049.00 $180,049.00 Overall Percentage Complete: Professional Project: City Project #: Work Type Desc: HNC: City Sec Number: Purchase Order: Services Payment Request Tulsa Way Drainage Improvements 01074 Storm Drainage Improvements P227 531200 2072801074-30 to be determined Company Name: ANA Consultants Consultant's PM: Travis N. Attanasio Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 30 - Design Description Totals This Unit: email: Office Address Telephone: Fax: Remit Project Manager. Mike Perkins Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and dose, start Buasaw and Add your invoice to the Consultant folder within Project's folder. tnattanasio@anallc.com 5000 Thompson Terrace, Colleyville, TX 76034 (817)335-9900 (817)335-9955 Agreement Amendment Amendment Amount Number Amount S180.049.00 $180,049.00 Agreement Amount to Completed Percent ($) Invoiced Current Date Amount Completed Previously Invoice $180,049.0C $180,049.00 Overall Percentage Complete: Remaining Balance 5180,049.0C $180, 049.00 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Tulsa Way Drainage Improvements Citv Project No. 01074 Task No. Task Doscription Principal Projoct managor Labor Dosign Enginoor/ Survoyor (hours) Survoy Fiold Crow (2-Man) Enginoor/ Survoy lntorn CADD Toch Offico Suport 1 Total Labor Cost Ex Subconsultant nso Travol Roproduction Total Exponso Cost Task Sub Total Rato S170 S150 $140 S130 5110 S100 S90 MWBE Non-MWBE 1.0 pfpioct Mpn%� omont 6 45 20 1 1 48 $15,100 SOt S01 S0 S0 SO $15,100 1.1 Ma frain9 the team 1.1.1 Internal Team Meotinas 1 11 $320 $0 $320 1.1.2 QA/QC 4 121 $2,480 S0 $2,480 1.2 Crj�rrunir,,)inn4p, RRryt�,(i11inn 1.2.1 ffP- fj ,Coon:104ion eetina 1 1 1 1 1 1 $800 $0 $800 1.2.2 'rolecfllr7r1 inglate Meetinns 8' $1,200 $0 $1200 1.2.3 pesian Submittal Review Meetinas 3 3 $8701 SO $870 1.2.4 Prepare Baseline Schedule III S1,2001 SO S1,200 1.2.5 preoace V r7 v rr ter( ii.Rf+q(�rts with Schedule ,e I 8 $1,12 $0 $1,120 1.2.6 {->rert re Vonlhly VW6. I eoorts 1 8 24 $3,260 S0 $3,280 1.2.7 Invoicing 12 24 $3,960 SO $3,960 2.0 :oncoigual Dosign (30-Porcont) 0 6 56 0 86 48 0 S23,000 $19,810 SO SO S250 S20,060 S43,060 2.1 iata Collection 4 8 12 S3,040 S0 $3,040 2.2 j,T.),narf., (opp Mtions,an{1 Drainaae Area Mao d 40 S7,200 S0 $7,200 2.3 :ubsur`ace alit/ Enaineenna $0')` $'LL8-1-0 $19,810 $191810 2.4 iesi 4 Drawings 0 2 2 0 24 48 0 $11,100 $2501 $250 $11,350 2.5 'ro'' Decision/l_cT 2 2 $500, S0 $500 2.6 ;onstruction Estimate 2 8 $1,160 $0 $1,160 I 3.0 prolimir,�ryN.O n (60 Porcont) 0 7 56 O 132 168 0 S40,210 S8,550 530,948 SO S1,950 $41,448 S81,658 3.1 nfoWorks Model SO S30,td48 S30,948 S30.948 3.2 PrelimiOPr elan prgrt ins Won 0 2 48 0 86 128 0 529,280 $250 5250 529,530 3.3 3eotechnica rr, ion/Pavement Design $01.,_,Magl $8,550 $8,550 3.4 ;onstructabiv Review 2 $800 $0 S800 3.5 >ublic tylertinn 1 1 8 $1.1701 S200 $200 $1,370 3.6 Wy Clearance 1 4 $5801 $1.500 S1,500 $2,080 3.7 ' raitic Control Plan 20 40 1 $6,2001 $0 $6,200 3.8 'rpLegt Decision 1 pa 1 1 2 4 $870 $0 $870 3.9 construction Estimate 1 2 8 $1,310 $0 $1,310 4.0 inal DosiRn Final 0 6 14 0 29 13 0 $7,350 S0 S0 S0 S750 5750 S8,100 4.1 Draft (Ub%) Construction Plans and Snerifications 0 6 0 10 0 0 $2,240 S250 $250 $2,490 4.2 I-inal (100%1 Plans and ).r� s 0 4 0 7 13 0 $2,930 $500 $500 $3,430 4.3 Proiect Decision)_ocls Wend iU0%'1 1 1 ~ $ 0 S0 $870 4.4 Construction Estimates (90% and 100°°) 2 8 $1,310 $0 $1,310 5.0 Bid Phaso 0 5 12 0 16 0 34 S7,250 S0 S0 S0 S3,000 S3,000 S10,250 5.1 Bid Suoocrt Sell Contract Documents and Maintain Plan 5.1.1 Holders List 24 S2,160I $3.000 $3,000 $5,160 5.1.2 Issue Addenda 1 4 8 $1,5901 $0 $1,590 5.1.3 Attend Pre -bid Conference 1 2 $4301 $0 $430 5.1.4 Attend Bid Opening I 1 2 $430 SO $430 5.1.5 Tabulate Bids anc1 NPf'nfri101j1YArjf 1 1 2 4 S870 SO $870 5.1.6 Issue Conformed Contract Documents 1 4 10 $1,,770 SO $1,770 1 6.0 Construction Phaso Sorvicos 0 18 34 0 8 16 0 S9,940 S0J SO S0 S200 S200 S10,140 6.1 Construction,Suopnrt 6.1.1 Attend Precons ruction Conference 1 2 $580 $0 $580 6.1.2 Attend Public NJ ,tins 1 1 8 S1,460 $2001 $200 $1,660 6.1.3 Pr9i , j Site Visds 12 $2,280 SO $2,280 6.1.4 Submittal Review 6 $1,740 $0 $1,740 6.1.5 paIIIP, J Informj�)ipn( hrrrf?rder Review final 8 $1,4201 SO $1,420 6.1.6 Walk Through and Punch List / $5801 $0 $580 6.2 Record Drawings 2 16 $1,8801 S0 $1,880 7.0 ROW%Ffjn►c\c‘pt So^(lcos 0 0 8 0 24 0 20 $5,560 SO SO S0 S250 S250 $5,810 7.1 Riaht-of-W av Kesearch 8 8 $2,000 $0 $2,000 7.2 iaht-of-Wp4Fp, P �n Pr?W(% �.r//,1 n and Submittal 0 O 16 0 0 $1,760 $250 $250 $2,010 7.3 1 emporary Righf�of Enfry�Submittal 20 $1,800 $0 $1,800 8.0 Survoy 0 0 0 0 0 0 0 S0 SO SO SO S0 $0 S0 Totals 6 87 200 296 246 102 S108,410 S28,360 S30,948 SO S6.400 565.708 S174,118 Proct Sumrrk�F, otal Hours Total Labor Total Fxofin ��(B= Subconsulfant Non- MW bcorJi,41Ip t 1b6/0 Sub Markup WVo al' roioc Cosf 937 S108410 �28.360 1,")948 Lj931 5.8% $180.049 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Tulsa Way Drainage Improvements City Project No. 01074 No changes necessary to the Standard Agreement City of Fort Worth, Texas Attachment C PMO Release Date: 05.19,2010 Page 1 of 1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORTWORTH Attachment D - Proiect Schedule Phis PROTECT requires a Tier 3 schedule as defined herein and in the City's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT s understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should mclude appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also mclude a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D. CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 2 of 2 • 1 1 • 1 i • • C.) CONSULTANTS, ENGINEERS SURVEYORS PLANNERS • C gamma ! .! .• .;. ModttnAve eP �O seal • •\\• esttine Rd vb L) r MIL\ :0.4c atonic U3tV77 a�. %0 2PROJECT LOCATION Washbu,n Ave 4-, try Esa) 0 GISS 0 + + i Feet 0 200 400 1 inch = 400 feet VI >' AII a W Raite _3 I Center Burner tdrir5' Hari 1 1 CID • City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/27/2012 DATE: LOG NAME: 20TULSA_WAY_DRAINAGE SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $180,049.00 with A.N.A. Consultants, LLC, for the Design of the Tulsa Way Drainage Improvements (COUNCIL DISTRICT 7) Tuesday, March 27, 2012 REFERENCE NO.: **C-25524 RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Agreement with A.N.A. Consultants, LLC, in the amount of $180,049.00 for design of the Tulsa Way Drainage Improvements DISCUSSION: The engineering design contract will provide for survey and design for the Tulsa Way drainage improvements which are needed to reduce the risk of residential flooding in the area. The scope of the design Agreement includes drainage improvements along Camp Bowie Boulevard, Watonga Street, and Montgomery Street. A.N.A. Consultants, LLC, (A.N.A.) was selected to design this project based on a request for qualifications process and their preparation of the associated drainage study A.N.A. proposes to perform the design services for a lump sum fee of $180 049.00. 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. A.N.A. is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal on the project is 16 percent. This project is located in COUNCIL DISTRICT 7, Mapsco 75D and 75H. FISCAL INFORMATION: 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 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Denartment Head: Additional Information Contact• ATTACHMENTS 1. 01074 MWBE Comnliance.ndf 2. 01074 TulsaWav-M&C Man.ndf 3. FAR-01074-00004-Design.ndf 4.P227-485249-201289990100.doc FROM Fund/Account/Centers P227 531200 207280107430 Fernando Costa (6122) Douglas W. Wiersig (7801) Michael Perkins (2748) S 180.049.00