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HomeMy WebLinkAboutContract 42187STANDARD AGM `=R C! r Y OFFORT WORTH, TEXA I� SECRETARYrONTRACT NO,„ :f VAT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMI NT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, (the "ENGINFI-R"), for a PROJECT generally described as: Burchill Channel Drainage Improvements. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENG I N EER's compensation is set forth in Aftachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Aftachment 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 City of Fort Worth, Texas 4 Standard Agreement for Engineering Relatedesign Ziviu RECORD PMO Official Release Date: 7.22.2011 Page 1 of 14 1 CITY SECRETARY • flWORTH, TX 08-26-1 1 PO4 : 58 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 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. (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 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: 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. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 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 m 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 underwntten 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. 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 critena and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 8 of 14 changes in the permitting authorities' published design criteria and/or practice standards cnteria 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: 7.22.2011 Page 9 of 14 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. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E. regarding the ENGINEER's Personnel at Construction Site and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no nghts 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 I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bung, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 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. 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: 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, o r unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had n ever 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. 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 e nactment. 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. INGINEIR 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 AGREFMI NT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only bo 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 o Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D o Project Schedule Attachment E - Location Map Executed and effective this the PC-Aday o ATTEST: Marty Hendrix City Secretary Ea*, Jai sa 0 0, :z8 AP PROVED AS TO FORM N , ), 0 By: ). GA'r, '-- ---- .a.^ o it1 )1/1/ gz3 eLfes\sokutycli 0-1 Q v c °OQQO)4 tt g "a:, Douglas W. Black Assistant City Attorney M&C No.: M&C Date: City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 7.22.2011 Page 14 of 14 20A. CITY OF FORT WORTH By: an-004-04 Fernando Costa Assistant City Manager APPROVAL RECOMMENDED Ct.S By: Dougla iersig Direct. Transportation Works Department s s W FREESE AND NICHOLS, INC. By: John Dewar Principal OFFICIAL RECORD CITY SECRETARY at WORTH, TX and Public ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, `ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVE The project objective is the design of storm water improvements in the proximity of Burchill Channel for the City of Fort Worth. Complaint history and engineering studies have identified three critical improvements in this area. These improvements include: a culvert crossing replacement at McKenzie Avenue, major culvert replacement along Maddox Avenue near S Beach Street, channel bank stabilization, and all necessary appurtenances. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services — (Not Included) — To be added by future amendment Task 6. Construction Phase Services - (Not Included) — To be added by future amendment Task 7. ROW/Easement Services Task 8. Survey Services Task 9. Permitting TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources ENGINEER will manage change, communicate effectively coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources • Coordinate subconsultant tasks and update CITY on subconsultant status 1.2. Communications and Reporting City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 1 of 16 • 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 review meetings with the CITY at the end of each design phase. Conduct and document biweekly design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth s Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs ENGINEER shall work with regulatory authorities to obtain approval of the designs and make changes necessary to meet their requirements as part of the design scope. Any TxDOT, FEMA, or USACE permitting required on this project will be specifically detailed in this scope of services. Any permit applications not specifically described in this scope of services will be considered Additional Services. • 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 • Easements will be obtained as needed to construct improvements. It is estimated that 16 temporary and 16 permanent easements will be required. • Models and alternatives indentified in Burchill Open Channel Study report dated April, 2010 prepared by FNI will be utilized to design the project. Additional design alternatives for Maddox and McKenzie culvert improvements are not anticipated and are not included in this scope. • Construction plans will be submitted at the 30%, 60%, 90%, and 100% project milestones. Additional submittals are not anticipated or included in this scope. DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 2 of 16 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 • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor s office. FNI will use the previous channel study, Burchill Open Channel Study to evaluate alternatives for approximately 650 LF channel improvements downstream of McKenzie St. • After television survey of existing 109' arch pipe along Maddox Ave, ENGINEER will meet with CITY to determine the utilization of the existing arch and the preferred alignment of the additional conduits. • 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 utilize previously completed Burchill Open Channel Study submitted by Freese & Nichols, Inc (FNI) in April, 2010 to determine most appropriate alignment of improvements Additional modifications will be made to these hydraulic models to model the final design and to ensure that all federal City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 3 of 16 and local criteria is met. A drainage area map will be drawn at maximum 1" _ 200' scale from available 2-foot contour data with the contours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right-of-way capacities and design discharges (5-year and 100-year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100-year runoff exceeds available storm drain and right-of-way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B, except in the vicinity of the 54-inch water line at the box culvert outfall to Sycamore Creek. In that location, SUE will be Quality Level A — four bore holes„ 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 4of16 • • • • • • • • • • • • • U pdate (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. P rovide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets. Level B (includes tasks as described for Quality Level C) S elect 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. U nless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems Resolve differences between designated utilities and utility records and surveyed appurtenances Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A (includes tasks as described for Quality Level Bl Expose, if necessary, and locate utilities at specific locations. Tie horizontal and vertical location of utility to survey control. P rovide utility size and configuration. P rovide paving thickness and type, where applicable. P rovide 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. • S UE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 5 of 16 • Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, streets, street right-of-way, proposed easements, and existing utilities gathered during the SUE within the project limits. • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS • • • • • • It is assumed that a final alignment for the proposed Maddox box culvert system will be determined prior to the submittal of the conceptual design package. 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. Eight (8) copies of the conceptual design package will be delivered. Drawings will be half size (11 x 17'). DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • • Cover Sheet Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual, March 2006. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X Y and Z Coordinates, in an identified coordinate system, and a referred bearing base Z coordinate on City Datum only; descriptive location (i.e set in the centerline of the inlet in the South curb line of North Side Drive at the City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 6 of 16 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. • Prepare separate drawings for water and/or sanitary sewer mains including a overall water and/or sanitary sewer layout sheet and plan and profile drawings. • Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the ✓ icinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes existing meter n umbers and sizes that are to be replaced, existing sample locations, existing fire line locations existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos. Block Nos., and Addition Names) along with property ownership shall be provided on the plan ✓ iew • The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey if a rod can be inserted through the cleanout to the bottom of the City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 7 of 16 service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed) The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de - hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated • Existing roadways will be replaced as existing and will not be profiled. • Channel plan and profile drawings shall include existing channel centerline, existing left and right top of channel bank, proposed top of channel banks, and 100 year water surface profile. • Preliminary channel cross -sections will be developed, from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10 foot past the limits of excavation on both sides of the channel. Scale will be 1 ' = 20' horizontal and 1" = 2 vertical. Excavation and embankment volumes and end area computations shall also be provided. 3.2. Geotechnical Investigation/Pavement Design • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project 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 The study shall include recommendations regarding box culvert design bank stabilization design utility trenching and identifying existing groundwater elevation at each boring. Pavement to be replaced will be based on existing pavement section design. 3.3 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. 3.4 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 8 of 16 shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities and where known and possible consider potential future utilities in designs. The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. • 3.7 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY s Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • Four (4) soil borings at an average bore depth of 25 feet each will be provided. • Traffic Control Typicals" will be utilized to the extent possible. It is assumed an additional one (1) project specific traffic control sheets will be developed. The contractor will be required to develop a project specific traffic control plan utilizing the construction plan traffic control sheets as a guideline. Four (4) copies of the geotechnical report will be delivered to the CITY. • One (1) full size (22" x 34") plans will be delivered for Constructability Review. • Nine (9) half size (11" x 17") drawings will be delivered for Preliminary Design. DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. • • City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 9 of 16 DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings (electronic only) 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 City of Fort Worth Storm Water Management Design Manual, March 2006. • Eight (8) half size (11" x 17") and one (1) full size (22" x 34") drawings and two (2) sets of specifications will be delivered for the 90% design. • Individual DWF file for each plan sheet for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • One (1) full size (22" x 34") drawings and one (1) set of specifications will be delivered for the 100% design. • Individual DWF files for each plan sheet for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. 100% construction plans are preliminarily estimated to consist of the following sheets (total: 24): • Cover • Index City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 10 of 16 • • Survey Control • SUE Plan Sheet • General Notes • Drainage Area Map Overview Level • Drainage Area Map Inlet Level • Additional Drainage Calculations • Demo Sheet • Layout Sheet 1- Maddox • Layout Sheet 2 — Channel Erosion Control • Layout Sheet 3 — Mckenzie Culverts and Channel Work • P&P 1 Maddox Culverts • P&P 2 Maddox Culverts • P&P Laterals (Maddox) • P&P 1 McKenzie Culverts • P&P 2 McKenzie Culverts • McKenzie Channel Work Plan • McKenzie Channel Work Cross Sections • Channel Erosion Control Plan • Channel Erosion Control Cross Sections • Special Details (channel work, etc) • Traffic Control Plan • Standard Details DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Documentation of key design decisions (Project Decision Log). D. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. E Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES — NOT included in this contract. These services will be added by amendment after the funding date for construction is identified. TASK 6. CONSTRUCTION PHASE SERVICES — NOT included in this contract. These services will be added by amendment after the funding date for construction is identified. TASK 7. ROW/EASEMENT SERVICES ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 11 of 16 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Based on the improvements defined in the Burchill Open Channel Study, dated April 2010 up to 16 parcels will be encroached on during design. • The ENGINEER will submit three (3) hard copy and an electronic copy of the necessary permanent drainage easement and any necessary temporary easement not to exceed 16 of each. • 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. • Temporary Rights of Entry will be required for design survey and geotechnical testing Engineer will prepare mail and obtain up to 16 Temporary Right of Entry Letters from affected property owners as needed. DELIVERABLES A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 8. SURVEY City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 12 of 16 ENGINEER will provide survey support as follows. 8.1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project Information gathered during the survey shall include topographic data, utilities as required by the SUE, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • ENGINEER shall perform CCTV survey of existing 109" arch along Maddox Ave. • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet showing ALL Control Points, used or set while gathering data Generally on a scale of not less than 1:400 The following information about each Control Point, a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS None. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as specifically outlined in this section of the contract. Additional permit requirements that are not listed in this section, City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 13 of 16 that are made known to the ENGINEER during the course of the project shall be considered Additional Services. 9.1. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the P roject for use by the Contractor during construction ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 9.2. Environmental Services Environmental permitting services as outlined in the attached proposal from Integrated Environmental Solutions It is anticipated based on this contract that construction can be completed under Nationwide Permitting as outlined in the attached scope services. If an Individual Permit becomes necessary for any portion of this contract, preparation and coordination of the Individual Permit will be considered Additional Services. • • • • N egotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits Completing all forms/applications necessary S ubmitting forms/applications for CITY review S ubmitting revised forms for agency review Responding to agency comments and requests 9.3. Floodplain Services • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits • Completing all forms/applications necessary • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • 3 meetings are assumed with Integrated Environmental Solutions (IES) for the U SACE Section 404 Nationwide permits outlined in the IES proposal. • The IES May 24, 2010 Scope of Services is documentation of the scope of services and is made a part of this contract. DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 14 of 16 A. McKenzie Street Culvert Improvements NWP Evaluation B. Optional McKenzie Street Culvert Improvements NWP Pre -Construction N otification (if necessary) C. Maddox Avenue Culvert Improvements NWP Evaluation D. Optional Maddox Avenue Culvert Improvements NWP Pre -Construction N otification (if necessary) E NWP 13 Preconstruction Notification for 650 Linear Feet of Toe Protection along Burchill Creek F. Storm Water Pollution Prevention Plan. G. Floodplain Development Permit Application 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: • All services included in Task 5 — Bid Phase Services and Task 6 — Construction Phase Services of the City of Fort Worth Attachment "A" to Standard Agreement for Engineering Related Design Services. • Providing GIS mapping services or providing renderings, models or mock-ups at request of the CITY • Additional field survey outside the limits defined in Work To Be Performed. • 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. Preparation and submission of FEMA CLOMR or LOMR requests for any project improvements. • Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 15 of 16 • Any additional permit preparation, application and/or coordination not specifically identified in this contract. City of Fort Worth, Texas Attachment A PMO Release Date: 08/27/2010 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for Burchill Channel Drainage Improvements City Project No. 01712 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $506,800 as summarized in Exhibit B 1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. 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. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant Freese and Nichols, Inc P roposed M/WBE Sub -Consultants Integrated Environmental S olutions, LLC Gorrondona & Associates, Inc JQ Infrastructure Addula Consulting Engineers, LLC Alphagraphics N on-M/WBE Consultants P roject Number & Name Burchill Channel Drainage Improvements P rimary Responsibility Environmental S urvey, SUE and Easement P rep Gabion Structural Design Geotechnical Reproduction TOTAL Fee Amount $357,645 $51,000 $54, 075 Total Fee M/WBE Fee $506,800 $149,155 $35,585 $7,350 70.5 10.1 10.7 7.0 1.5 $1,145 0.2 $506,800 100% M/WBE % 29.4% City M/WBE Goal = 25% Consultant Committed Goal = 25% EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. Professional Services Payment Request Project Manager IMichael Owen Project: Burchill Channel Drainage Improvements City Project #: 01712 City Sec Number: Purchase Order: Company Name: 'Freese & Nichols, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Scott Hubley, P.E. email: Office Address Telephone: Fax: FAC and Work Type Description Storm Water Design Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. skhftfreese.com 4055 Intemational Plaza, Suite 200, Fort Worth, TX 76109 817-735-7300 817-735-7491 Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Amount Amount Date Amount Completed Previously $506,800.001 $506,800.0C LOCK UNLOCK Current Remaining Invoice Balance $506,800.0C Totals This Payment Request $506,800.00 $506,800.00 $506,800.00 Overall Percentage Complete: Professional Services Payment Request Project Manager: Michael Owen Project: Burchill Channel Drainage Improvements City Project #: 01712 Work Type Desc: Storm Water Design Consultant Instructions: F/A/C: City Sec Number: Purchase Order: Company Name: Freese 8 Nichols, Inc. Consultant's PM: Scott Hubley, P.E. Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items Description 31 - Conceptual Design 32 - Preliminary Design 33 - Final Design 42 - Negotiations/Easements/Legal Fees 51 - Preliminary Survey 33 - Other Reimbursibles 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: skh@freese.com Office Address 4055 International Plaza, Suite 200, Fort Worth, TX 76109 Telephone: 817-735-7300 Fax: 817-735-7491 Agreement Amendment Amendment Amount Number Amount $107,992.00 $140,368.00 $145,357.50 $29,804.00 $24.898.50 558,380.00 $506,800 0Q Agreement Amount to Completed Percent ($) Invoiced Current Date Amount Completed Previously _ Invoice $107,992.00 $140,368.00 $145,357.50 $29,804.00 $24,898.50 $58,380.00 $506.800.00 Overall Percentage Complete: Remaining Balance $107,992.00 $140,368.00 $145,357.50 $29,804.00 $24,898.50 $58,380.00 $506.800,00 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Burchill Channel Drainage Improvements City Project No 01712 There are no amendments to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Pagel of l Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT ORTH Attachment D - Proiect Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the Citq'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. 1'he schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also 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, 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 accomphshed 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: 06.30.2009 Page 2 of 2 650' channel erosion protection City of Fort Worth, Texas Mayor and ouncil ommunication COUNCIL ACTION: Approved on 8/23/2011 DATE• LOG NAME: 20DESIGN BURCHILL_CHANNEL SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $506,800.00 with Freese and Nichols, Inc for the Burchill Channel Improvements (COUNCIL DISTRICT 8) Tuesday, August 23, 2011 REFERENCE NO.: **C-25110 RECOMMENDATION: It is recommended that the City Council authorize the execution of an engineering agreement with Freese and Nichols, Inc., in the amount of $506,800.00 for design of the Burchill Channel Improvements. DISCUSSION: This engineering design contract will provide for the design of culvert improvements, bank stabilization and erosion protection and other drainage system upgrades. The drainage improvements are needed to address road overtopping and property flooding in the area, as well as channel erosion. Freese and Nichols, Inc , was selected to design this project based on a request for qualifications process. Freese and Nichols, Inc., proposes to perform the above services for a lump sum fee of $506,800.00. City staff considers the fee to be fair and reasonable for the scope of services proposed Funding for this project is being provided from revenue bonds in the Storm Water Capital Project Bond 2009 Fund. In addition to the contract amount, $81,000.00 is required for project management by the Transportation/Public Works Department Freese and Nichols, Inc., is in compliance with the City's M/WBE Ordinance by committing to 27 percent M/WBE participation. The City's goal on the project is 25 percent. This project is located in COUNCIL DISTRICT 8, Mapsco 78 N and P. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Project Bond 2009 Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 208280171230 $506.800.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head:, Doug Wiersig (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS 1. 2011-05-17 Executed Compliance Document Design.pdf 2. Burchill Channel Improvements.pdf 3. FAR-01712-00001-Design.pdf 4. P227-485249 doc 5. P227-531200 doc