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Contract 42089
STANDARD ACC R MY OF FORT MU R fl=O , T �=I�=GadEN FOR ENGllNI; CITY SECRETARY I/ ctc CONTRACT NO. MUG RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Brown & Gay Engineers, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Overton Woods Drainage Improvements. Article 0 Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation The ENGINEER's compensation is set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 1 of 14 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 srvices under this AGREEMENT until OFFICIAL 'RECORD CITY SECRETARY Ft WORTH, TIC 08-05-11 A 10 : 36 IN paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration and investigations have been made Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink o n reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may u se such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER o r its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment Al the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 3 of 14 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. 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. I. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts Engineer acknowledges the MNVBE goal established for this contract and its accepted written commitment to MNVBE 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: 7.22.2011 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 appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella if any This insurance shall apply as primary insurance with respect to any other City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 5 of 14 insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident Such insurance shall cover liability arising out of ' any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a penod 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: 7.22.2011 Page 6 of 14 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 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. 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: 7.22,2011 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. 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 appropnate; 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: 7.22.2011 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: 7.22.2011 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 1. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authonzed to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 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 written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. 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' wntten 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: 7.22.2011 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. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V F. VI.B., VI D , VLF., 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: 7.22.2011 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 Aticachrn'&nts, 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 Sme day of r 201 I . � ATTEST: Marty Hendrix City Secretary Fit 0 few � Cis.; t�° APPROVED AS TO FORIWANID 00/ 000000 k / 14E By: f'�garit%it • Dougtas W.-Biack IV\4' ctces\ tort se Assistant City Attorney M&C No.: M&C Date: OFFICIAL RECORD CITY SeCRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 14 of 14 CITY OF FORT WORTH By- 7:2Ps40444.44 CeitZ. © c:��% Fernando Costa %54 Assistant City Manager Q 4 gAPPROVAL RECOMMENDED 0 4° ,cP By: Douglas W. Wiersig, Ph. D , PE Director, Transportation a Works Brown & Gay Engineers, Inc. Dorian French, PE, RPLS,DWRE Senior Vice President By: d Public 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 objective of this project is to evaluate the storm sewer system located in the Overton Woods subdivision, recommend improvements and develop construction documents to alleviate localized urban flooding. The system to be analyzed consists of approximately 16,000 LF of storm drain conduit (18-inch to 90-inch), 80 inlets, and discharges into Stream CF-3 near its confluence with Clear Fork Trinity River. Residents have reported and documented significant flooding and waters escaping the ROW during storms with a frequency and intensity less than that of the 2-yr storm. The purpose of this project is to bring these system components into compliance with the City of Fort Worth drainage criteria. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 8a. Survey Services (Conceptual) ADDITIONAL SERVICES NOT INCLUDED TASK 1. DESIGN MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • • • • Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources 1.2. Communications, Reporting and Coordination 1.2.1. Meetings City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of 9 • 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 monthly design team meetings. 1.2.2. Reporting • 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. 1.2.3. Interagency/Inter-Department CommunicationsReporting • 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. • Coordination with other City of Fort Worth Departments (Water, Transportation & Public Works (All divisions), Parks and Community Service and Planning and Development) 1.2.4 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 • Assuming 1 project kickoff meeting DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 9 A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT) The Conceptual Design shall be submitted to 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 2.1.1 Review CITY provided data including: • Existing InfoWorks SD model of project area. • GIS data including 2009 TNRIS LIDAR data, most recent aerial photographs available, parcels, land use soils data, FEMA effective floodplains, impervious surface, water and sewer lines storm drain structures and conduit, and any other available relevant GIS data from the CITY's GIS data inventory. • Standard Data Flags to be used in InfoWorks SD model. • Recent survey as performed for Work Order #12 (DOE #6199) • Effective FEMA models and FIS for Clear Fork Trinity River and Trinity River Diversion Channel. • All available as -built plans for water, sewer, paving and drainage projects located in the study area. 2.1.2 Field visit with TRIMBLE handheld GIS unit to map and locate existing drainage facilities not mapped in data provided by survey prior to survey task. Including photographic documentation of same. 2.1.3 ENGINEER will perform CCTV inspection and condition assessment of existing storm drain 2.1.4 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 9 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, InfoWorks SD Modeling, and Proposed Alternative Analysis 2.2.1 0 Drainage Computation & Drainage Area Maps Delineate the watersheds based on provided LIDAR data, contour data, and field verification. • Draw drainage area map at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. • Calculate street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at critical locations. • Calculate existing storm drain capacities. • All calculations are to be performed using InfoWorks SD modeling software and shall conform to the CITY's Storm Water Management Design Manual. • All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. • The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. 2.2.2. InfoWorks SD Modeling & Proposed Alternative Analysis • Model Assessment and Review - Review and validate CITY's existing InfoWorks SD model. Verify parameters such as watersheds and Curve Numbers. Check all modeled infrastructure with data collected. • Modify/Complete Existing Model — update model from CITY so that it reflects entire system and all desired areas for 2D modeling. • Identify Location of System Inadequacy — Determine areas for improvement, document, and develop necessary exhibits to communicate • Develop & Evaluate Proposed Alternatives (3) - Develop conceptual proposed improvements. Re -run model simulations and verify compliance with CITY requirements. • Model Validations — Models will be validated by comparing results to CITY Storm Water Management Design Manual calculations where applicable. • Develop existing conditions flood map using InfoWorks SD 2D modeling software. • Develop proposed conditions flood map using InfoWorks SD 2D modeling software. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 4 of 9 • Prepare and attend two (2) conceptual InfoWorks SD model review meetings (one draft and one final) with CITY — Discuss model parameters, extents, infrastructure and methodology Inform CITY of deficiencies, problem areas, and proposed alternatives • Finalize Conceptual Models — Finalize based on review of draft conceptual report. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for evidence or indication of additional available records; duplicate or conflicting information; need for clarification • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s)* end points of any utility data; line status (e.g , active abandoned, out of service); line size and condition; 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 9 • 0 0 • 0 Level B (includes tasks as described for Quality Level C) Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems Resolve differences between designated utilities and utility records and surveyed appurtenances. Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. 2.4. The Conceptual Design Package shall include the following: 2.4.1 Conceptual Report (Draft and Final) • Project Summary • Written summary of existing model parameters, methodology, assumptions, results, and findings. • Written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Written summary of proposed alternative model parameters, methodology, assumptions, results, and findings. • Exhibits of existing and proposed model simulation results. 2.4.2. Conceptual Design Plans • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 9 ASSUMPTIONS • Design plan production will begin after modeling is completed and CITY and ENGINEER agree on design alternative. Process involves 2 model review meetings with CITY to discuss and select design alternative. • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. 14 copies of the conceptual design package (7 draft and 7 final) 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 • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. 2.4.3. Documentation of key design decisions (Project Decision Log). 2.4.4. Estimates of probable construction cost. 2.5. Special Services In addition to the standard scope items, the ENGINEER shall perform the following special tasks during the conceptual engineering phase of this project. 2.5.1 Research Storm Water Quality Best Management Practices (BMPs) — Research and develop project specific alternatives for implementation of BMPs into project. 2.6 Quality Assurance (QA) / Quality Control (QC) 2.6.1 Draft Report QA/QC 2.6.2 Final Report and Conceptual Plans QA/QC • • DELIVERABLES A. Conceptual Design Package. a. Draft Conceptual Report i. Project Summary H. Written summary of existing model parameters, methodology, assumptions, results, and findings Hi. Written summary alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 7 of 9 iv. Written summary of proposed alternative model parameters, methodology, assumptions, results and findings. v. Exhibits of existing and proposed model simulation results vi. Drainage area map with supporting drainage computations in the CITY's standard tabular format. vii. Estimates of probable construction cost. b. Final conceptual report i. Updated Draft Conceptual Report based on CITY review comments ii. Conceptual plans TASK 8a. SURVEY (CONCEPTUAL) ENGINEER will provide survey support as follows. 8.1 Survey 8.1.1 Survey for Modeling and Conceptual Engineering Verify existing survey provided by the CITY including spot checking drainage features, reestablishing project control, surveying additional features not included in provided survey and completing the storm drain system mapping for watershed. 8.1.2 Provide additional topographic survey required for developing conceptual Infoworks 2D Model. ASSUMPTIONS The City of Fort Worth has previously surveyed portions of this project. It is required that survey to be performed from this scope to be tied into this existing survey Existing survey will be provided digitally in an AutoCAD format on a CD attached to this scope. SURVEYOR is to verify and use control points, elevations, and XY location of these previously surveyed points. As the focus of this project is drainage, measures should be taken to locate and open all storm drain manholes and inlets and to accurately report pipe size and shape, material, flowline, and rim elevations for these structures and conduits. DELIVERABLES A. Copies of field survey data and notes performed 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 Scone of Services City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 8 of 9 CITY and ENGINEER agree that scope of services above include the conceptual design phase of the Overton Woods Drainage Improvement Project CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above and agree that an equitable fee for the following additional services will be negotiated once the Conceptual Design Phase is completed. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 9 of 9 ATTACHMENT B COMPENSATION Design Services for Overton Woods Drainage Improvements City Project No. 01607 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $301,176.00 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. 11. 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 Brown & Gay Engineers, Inc. Primary Responsibility Engineering & Project Management Fee Amount $215,634 71.6 P roposed M/WBE Sub -Consultants Gorrondona & SUE $21,500 7.1 Associates, Inc. P acheco Koch Surveying $18,500 6.2 Engineering Solutions CCTV $45,542 15.1 and Technology, Inc. N on-M/WBE Consultants Project Number & Name TOTAL Total Fee $301,176 $ 301,176 100% M/WBE Fee $85,542 M/WBE % I 28.4% City M/WBE Goal = 15% Consultant Committed Goal = 28.4 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5,19,2010 Page 3 of 3 Professional Services Payment Request Project Manager: Project: (Overton Woods Drainage Improvements City Project #: 101607 1 City Sec Number: Purchase Order: Company Name: (Brown & Gay Engineers, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Carl Krogness Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. ckroonessCa�brownoay.com email: Office Address 108 W. 8th Street, Fort Worth, TX 76102 Telephone: 1817-887-6130 Fax: 1817-887-6135 FAC and Work Type Description Drainage Improvements Totals This Payment Request LOCK UNLOCK Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Completed Previously Invoice Balance 6301,176.00 $301,176.00 $301,176.00 $301,176.00 $301,176.00 $301,176.00 Overall Percentage Complete: Professional Services Payment Request Project Manager: Project: Overton Woods Drainage Improvements City Project #: 01607 Work Type Desc: Drainage Improvements Consultant Instructions: F/AIC: City Sec Number: Purchase Order: Company Name: Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 31 - Conceptual Design 51 - Preliminary Survey Brown & Gay Engineers, Inc. Carl Krogness Description Totals This Unit: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: ckrogness@browngay.com Office Address: 108 W. 8th Street, Fort Worth, TX 76102 Telephone: 817-887-6130 Fax: 817-887-6135 Agreement Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Number Amount Date Amount Completed Previously Invoice Balance $280,826.00 $280,826.00 S280,826.00 $20,350.00 820,350.00 -s $20,350.00 S301,176.00 S301,176.00 S301,176.00 Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Overton Woods Drainage Improvements City Project No. 01607 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 Attachment D - Project Schedule FORT WORTH This PROTECT requires a Tier 3 schedule as defined herein and in the Citu's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described m this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i e file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT s understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail 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 include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, City of Fort Worth, Texas Attachment D PMO Release Date: 06.30.2009 Page 1 of 2 • Coordination issues the CITY should be aware of or can assist with, • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in IILA.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 06.30.2009 Page 2 of 2 City of Fort Worth, Texas Mayor and Council ommunication DATE* LOG NAME: 20DESIGN OVERTON WOODS SUBJECT: Authorize an Engineering Agreement in the Amount of $301,176.00 with Brown & Gay Engineers, Inc., for the Conceptual Design of Overton Woods Storm Drain Improvements (COUNCIL DISTRICT 3) COUNCIL ACTION: Approved on 7/19/2011 Tuesday, July 19, 2011 REFERENCE NO.: **C-25014 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Engineering Agreement with Brown & Gay Engineers, Inc , in the amount of $301,176.00 for the conceptual design of Overton Woods Storm Drain Improvements. DISCUSSION: The engineering services agreement recommended by this M&C will provide for a hydrologic study of the Overton Woods neighborhood and conceptual design evaluation and recommendation of potential solutions. This neighborhood currently experiences widespread flooding, particularly along Bellaire Drive and Overton Woods Drive. Significant roadway overtopping has been observed and numerous residents in the area hold flood insurance policies. Brown & Gay Engineers, Inc., was selected to study the drainage in this area, identify drainage improvements and provide conceptual design services for the Overton Woods Storm Drain Improvements project (City Project No. 01607). The design services for the subject engineering agreement will include the following: hydrologic study of the neighborhood and conceptual design, evaluation and recommendation of potential solutions. Brown & Gay Engineers, Inc., proposes to perform the above services for a Lump sum fee of $301,176.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. It is estimated that construction for this project will cost approximately $5,000,000.00. Brown & Gay Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to 28 percent M/WBE participation. The City's goal on the project is 15 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 89A-89B. 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 2009 Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv : Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Accounting info.ndf 2. FAR-01607-00001—Design.pdf 3. M AND C 01607 pdf 4. MWBE Compliance 01607.ndf FROM Fund/Account/Centers P227 531200 203280160730 Fernando Costa (6122) Doug Wiersig (7801) Ryan Hague (8176621201) $301.176.00