HomeMy WebLinkAboutContract 42248 DESIGN PROCUREMENT AGREEMENT
THE STATE OF TEXAS § City Secreta ry
COUNTY OF TARRANT § Contract No. Aa�-49
WHEREAS, Event Facilities Fort Worth, Inc., ("'Developer") and the city of Fort
Worth, a municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties,
Texas, hereinafter called "city', each desires to make certain improvements to Harley
Avenue in the city of Fort Worth, Tarrant County, Texas, including the realignment of
Harley Avenue from Rip Johnson to Montgomery Street and related drainage
improvements (the"Project'); and
WHEREAS, Developer is a 501(c) (3) corporation, and is willing to advance the
Project on an earlier schedule than they might otherwise have been implemented, and
WHEREAS, Developer will retain the services of Freese & Nichols, Inc. to provide
for the design of the project, and
WHEREAS, Staff has reviewed both the scope, fee, and schedule for the design
of the project and find them to be fair and reasonable, and
WHEREAS, city and Developer intend to execute an Infrastructure construction
Agreement that provides for the Developer to award, construct, and seek reimbursement from
the City for the construction cost and certain construction related expenses subject to the
availability of funding and based on a public bid process,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the covenants and conditions contained herein, the City and
the Developer do hereby agree as follows:
I. General Requirements
A. The Project will generally consist of certain water, sanitary sewer, paving,
streetscape, and drainage infrastructure improvements related to the
realignment of Harley Avenue from Rip Johnson to Montgomery Street as
further described by the Site Plan attached as Attachment A hereto. A
current estimate of the construction cost is shown as Attachment B
B. Developer will retain Freese and Nichols, Inc as the "Engineer" for the
Project pursuant to a written agreement that will be subject to the written
. rova 1 of the city (the "Engineering contract") attached as Attachment
OFFICIAL
��:�0#��
CITY SURETAI&
1-T. WORTirl, TX }
C. city agrees to reimburse Developer, upon approval of final plans, for all
engineering drawings, studies, renderings, contract specifications,
estimates, and other documents, (collectively the "Work Product")
necessary to construct the improvements required by this Agreement based
on the compensation specified in the Engineering contract approved by the
City,, in an amount not to exceed $937,600. Upon payment to Developer, all
designs, drawings, specifications, documents, and other Work Product,
whether in hard copy or in electronic form, shall become the property of the
city.
D. The Developer further covenants and agrees to, and by these presents does
hereby, indemnify, hold the city, its officers, agents and employees
harmless against any and all suits, actions or claims of any character,
including, but not limited to, those for property damage or loss and/or
personal injury including death, that may relate to, arise out of or be
occasioned by (i) EFFW's breach of any of the terms of this agreement or
(ii) any act or omission of EFFW or any of its affiliates, their officers, agents,
associated, employees, contractors or subcontractors, related to the
project, except that the indemnity provided for in this paragraph shall not
apply to any liability resulting from the sole negligence or the city its
officers, agents, employees, or separate contractors, and in the event of
joint and concurrent negligence of both EFFW and the city, responsibility, if
any, shall be apportioned comparatively in accordance with the laws of the
state of Texas.
E. Developer agrees that the Engineering contract shall include provisions
granting to the city the right to enforce such contracts as an express
intended third party beneficiary of such contract.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument
to be executed in quadruplicate in its name and on its behalf by its Assistant
City Manager, attested by its City Secretary, with the corporate seal of the city
affixed, and said Developer has executed this instrument in quadruplicate, at
Fort Worth, Texas this day of
20 U •
CITY of FORT WORTH DEVELOPER:
Recommended by: Event Facil' i s F Worth, Inc.
Pro m Management office
r
ry n Beck, P.E. i ke GrcVomer
Sen'o Capital Projects officer President
T sportation & Public Works Dept
Dougl W. Wiersig, P.E.
Director
Approve to Form &L egality: Approved by city Managers office
73(a(L' Fernando Costa
Assistant City Attorney Assistant City Manager
TTEST:
Marty Hendrix y
City Secretary
UV
ATTESTr� •�� ra
n r� •''4�t�U
Signature �• i. n
(Print) Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed, as the act and deed of the city of Fort Worth,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2 02j--
"'Notary Public in and for the
State of Texas
•�'. EVONIA DANIELS
My COMSSION EXPIRES
p '; ' July 10,2013
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Rik-to &r-001"e11% ,
known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, as the act and deed of
rlve4a+ pa&;Idies and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Y4 94 W A
Notary Public in and far the
State of Texas
Y. i Sharon Lee McClun
9
_ :ce My Commission Expires
`�. ....��...f°t 01/10/2015
O
List of Attachments to this Agreement
Attachment A— Preliminary Site Plan
Attachment B - Construction Cost Estimate
Attachment C— Engineering Contract
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CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT("A )is made and entered into effective as of the 1 st day of April,2011, by
and between EVENT FACILITIES FORT WORTH,INC.,a Texas non-profit co ("Owner"),having a mailing
of 545 Main Suet,Suite 240,MS-21,Fat Word,Texas 76142,Attention:Mike Groomer,President and CEO,and
FREESE AND NICHOL%tNC,a Texas Corporation("Consultant"),having a mailing address of 4455 International Plaza,
Suite 200,Fort Worth,Texas 76109,Attention:Robert F.Pence,P.E.,SCEE,President.
1. Consultant agrees to provide all labor,materials,equipment and any other items n
to timely and fully complete the services described in Exhibit "A" hereto (hereinafter referred to as the "Services") in
connection with the Harley Avenue Drainage and Paving Improvements Project in Fort Worth,Tarrant County, Texas(the
"ftJect" .
2. T ig jd CoolMeement an ,kfi2m. The Services shall be commenced on or promptly following
the execution of this A and shall be completed in with the Schedule submitted by Consultant as set forth
below in ph 5.S and approved by Owner. The Schedule will comply with Owner's requirements for the start of
construction of the impr+vvements that are the subject of the Services. Owner's requirements for the construction schedule
will be determined in consultation Owner and Consultant prior to the distribution of bidding documents.
3. e ' In consideration of Consultant's performance of the Services,and subject to
the full satisfaction and ice of Owner, Owner shall pay Consultant as specified in Exhibit "A" ("Consultant's
Compensation"). Consultant's Compensation shall be payable to Consultant in monthly installments for the portion of the
Services completed,based on Requests for Payment submitted by Consultant and approved by Owner. It shall be a condition
precedent to payment that Consultant submit waivers and assi of liens and such other documents, papers and
statements as may be requested by and all in a farm reasonably acceptable to Owner.
4. &MUntinst ZW& Consultant shall keep full and detailed accounts as may be necessary for proper
financial urn this Agreement. Owner shall be afforded access to all the Consultant's records relating to this
Agreen or the Services.
5. Connftant.
5.1 Consultant shall supervise and direct the Services, using Consultant's best skill and attention.
Consultant accepts the relationship of trust and confidence established between Owner and Consultant by this
Agreement. Consultant ts, covenants and agrees to furnish efficient business administration and
superintendence,and to perform the Services in the best way and in the most expeditious and economical manner
consistent with the interests of the Owner.
51 Consultant shall perform the Services under this Agreement in accordance with the highest
generally accepted national standards of care, skill, diligence and professional contpetence applicable to
professionals engaged in providing similar services in connection with projects of the size and with the amenities of
the Project.
5.3 Consultant shall pay all sales,consumer, use and other similar taxes,and secure and pay for all
permits and governmental fees, licenses and inspections far the
. proper execution and completion of the
Services. Consultant shall give all notices and comply with all laws,ordinances,rules,regulations,statutes,policies,
and orders of any public authority bearing on the performance of the Services.
5.4 All claims which Consultant has or wishes to assert against Owner must be presented in writing to
Owner not later than ten (10)days after Consultant is aware or should have been aware that a claim will or does
exist,or such longer time as may be required by law,even though the exact nature of the claim and the amount of
the claim may not be determinable at that time. The nature of the claim and the amount of the claim must be
presented to Owner in writing as soon thereafter as Consultant has or should have had such information, and
Consultant hereby waives all claims not presented as provided herein.
5.5 Upon request of Owner, Consultant shall submit for Owner's review and approval a schedule
("Schedule") for the performance of the Services. When the Schedule is approved by Owner, it shall not be
exceeded by Consultant except as may be approved in writing by Owner.
6. SubcontBcts. Consultant shall not employ any subcontlay6tor unless previously approved by Owner. The
subcontracting of any of the Services shall not relieve Consultant of any of its liabilities or responsibilities under this
Agreement_ Consultant shall make prompt payment to its subcontractors for Services performed and/or materials supplied.
€ 7. T,�+I. Time is of the essence in this Agreement. Consultant shall expedite the Services and achieve
completion within the time set forth in Paragraph 2 hereof and the Schedule,if any.
& Eaments and Cornoktjoa. Payment may be withheld on account of(1)defective Services not remedied,
(2) claims filed, (3) failure of the Consultant to make payments properly to subcontractors or for labor, materials or
E FTw CommlU g Agreemew F ,s"a-i I 1
or(4) failure to timely carry out the Services in With this AgreemenL The acceptance of final
a by Consultant shall a waiver of all claims by Consultant in connection with the Services except those
P �
y made in writing and identified by as unsettled on Consultant's final Request for Payment.
9. TION. TO THE FULLEST EXTENT pEjtAff1TW BY LAW, CONSULTANT
SHALL IN )Eb1N1FYt DEX AND HOLD OWNER, OWNER'S REPRESENTATIVE..
SO FLPOSITION AND SHOW,OWNER'S LENDERS(IF ANY),THE PROPERTY
OWNER(S) (IF D FROM OWNER),THE CITY OF FORT WORTH, AND EACH A THE
AFO ONED PARTIES' TED COMP PAR MEMBERS, MANAGERS,
SUCCESSORS, ASSIGNS, REM LEGAL REPRESENTATIVES, DEVISEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, YEE:% ELECTED OFFICIALS AND A (COLLE Y,
"INDEMNITEES")FOR,FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITIES RELATING TO
PERSONAL INjURyJ BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OR
MISCONDUCT OF CONSULTANT OR CONSULTANT'S OFFICERS, AGENTS, EMPLOYEE% OR
SUBCONTRACTORS. WITH R SPELT TO PROFESSIONAL LIABILITY,CONSULTANT'S OBLIGATION TO
IND MUCIFY THE IN )EWCMM SHALL APPLY ONLY TO THOSE LIABILITIES RESULTING FROM
ERRORS,OMISSIONS OR NEGLIGENT ACTS OF CONSULTANT OR CONSULTANT'S OFFICERS,AGENTS,
EMPLOYEES OR SUBCONTRACTORS. NOTWITHSTANDING ANYTHING IN THIS PARAGRAPH TO THE
CONTRARY,WITH RESPECT To PROFESSIONAL LIABILITY CLAIMS,,Co1Ns LTANrs oBLIGATION TO
DEFEND THE INDEMNITERS SHALL BE LIMITED TO THE DEFENSE, IF ANY, PROVIDED BY THE
CONSULTANT'S PROFESSIONAL LIABILITY INSURANCE CARRIER UNDER THE T WS OF ITS
POLICY; PROVIDED,FURTHER,THAT CONSULTANT SHALL FULLY REIMBURSE THE INDEMNAITEES
FOR ALL DEFENSE COSTS ASSOCIATED WITH PROFESSIONAL LIABILITY CLAIMS IF CONSULTANT IS
ULTD"TELY FOUND BY A COURT OF COMPETENT JURISDICMON TO BE NEGLIGENT IN
CONNECTION WITH THE PROFESSIONAL LIABILITY (S)IN QUESTION.
Leg2l Limits Notwi anything in the A t to the contrary, Camrultaat and
expressly agrees to the following:
(a) The site where the Project is being ted(the"Site"),being the location of a construction project,
Po ses pa tential risks to the health,safety,and well-being of Consultant's employees, and its subcontractors"
that do not exist in the workplace. Consultant therefore all risks involved with the Services,
employees,nnclizdzng any risk of personal or bodily injury to its employees,or its subs 'employees,or any risk to the
pr of Consultant or its subs or any of their employees,and Consultant waives and re" covenants not
InVYIPAILY
to sue,and folly releases and forever discharges the xlemnitees from any and all claims that Consultant,its subcontmtors,
or an of their employees,may have against dw tees,which may arise as a result of or in connection with any of the
y
activities of Consultant,its subconawtors,or any of their employees,on or around the Site(`Personal Claims"),even if such
Personal Claims may be caused by or attributed,in whole or in part,to the negligence of any Indemnitee.
(b) Consultant will cause each and every employee of Consultant and its Subcontractors to read and execute
the Release and Waiver of Liability attached hereto as ExUbit"B"(`Release l and provide a copy of each executed Release
to the Owner prior to such employee entering the Site for any reason whatsoever during the term of this Agreement.
Notwidmanding,the foregoing,the provision of,or failure to provide,any executed Release to the Owner will not imply any
risibility,on Owner to obtain any such Release or in any Way operate to relieve Consultant of its obligations hereunder.
(c) It is expressly agreed that with respect to any legal limitations now or in effect and affecting the
validity or enforceability of the' mdfication,assumption of risk or waiver of liability set out in this Agreement that such
legal limitations are made a part of the indemnification,assumption of risk or waiver of liability and shall operate to amend
the cation, assumption of risk or waiver of liability provision to the extent nece&sary to bang the
vision into conformity with the of such limitations,and so modified,the' ' cation,assumption of risk
Pro
or waiver of liability shall continue in full force and effect.
10. nce. Consultant shall maintain at its sole cost and expense(a)Workers'Compensation Insurance ism
an amount not less than the applicable statutory limits and Employer's Liability Insurance in an amount not less than
$1 1,000,2000,1(b)Comprehmive Automobile Liability Insurance in an amount not less than S 1,000,000 combined single limit,
C th
)
c Commercial General Liability ss a in an amount not lean S1,000,000 per occurrence, and (d) Professional
Liability in an amount not less than 51,000,000 per occurrence for a period not less than two(2)years after the date
of completion of the Services. Each of the above-named policies shall be on a form satisfactory to Owner,with exclusions
and deductibles acceptable to Owner. The Workers' Compensation and Employer's Liability b1sumnee shall include a
Waiver of Subrogation in favor of the Indemnitees. In addition,the Ixndemnitees shall be named as additional insureds on the
Comprehensive Automobile Liability policy and the Commercial General Liability policy by endorsement form CG 20 26 11
85 or its equivalent,which policies must state that the insurance provided thereunder will be primary as regards any insurance
Elm Comulmg Alpeem Freese&Nichob 6-5-1 Ldoc 2
coverage miuntained, by any Indemnitcc. Certificates of evidencing the above coverage shall be
furnished to Owner before C i starts any Services. Policies shall be ished to Owner upon request.
11. Chas ha_the Owner may order changes in the Services g of additions,deletions or
modifications,the-Consultanes Compensai and time for completion being adjusted ac y. All such changes in the
Services shall be aud r riz c i by a written Additional Service Order signed by the Owner. The Consultant's Compensation
and time for compktian may be film only by Additional Service Order. Consultant's Compensation for Additional
Services will be based on the hourly rates attached as Exhibit"C"hereto.
12. Terndiasa�.
12.1 If Cmmhant does not fully comply with the terms of this Agreement,then Owner may,without
prejudice to any other night or remedy and alter giving Consultant seven(7)days written notice and opportunity to
cure,tel the services of Consultant.
12.2 Owner may, at any time, for its own convenience any part of the Services or all
Ing
Services for any reason whatsoever by giving written notice to Consultant specifying the part of Services
to be tes vinated and the effective date of 'on. Consultant shall continue to prosecute the part of the Services
nottionlinated If any part of the Services n so Consultant shall be entitled to payment for le
costs directly related to Services thereafter performlyd by Consultant in terminating such Services inchrding
reasonable Imp
cancellation charges of subcontractors,provided such Services are authorized by Owner. In can of such
termination,Owner will issue an Additiond Services Order any adjustment to the scheduled date of
completion andlor the Consultant's Compensation.
13. Owner may offset against any suns due Consultant the amount of any obligations of Consultant to
Owner whether or not arising out of this Agreement.
14. Nodem For purposes of this Apmmm14 notices and all other c ications provided for herein shall be
in writing, as fast set forth above to the party to whom the notice or request is given, and shall be either(a)
delivered personally, (b) sent by United States certified mail,Postage PnP IK return apt (c) placed in the
custody of Federal F.agxm Corporation or other nationally recognized overnight carrier for next day delivery,or(d)sent via
facsimile(fax) ion to the facsimile number first set forth above. Notice shall be deemed given when received if
delivered or sent via facsimile transmission with cation by the delivering party of the notified patties'
receipt of the facsimile transmission at the confirming telephone number set forth above;forty-eight(48)hours after deposit
in the United States mail,if sent by certified mail;and twenty-four(24)hours afar deposit with an overnight canner,if sent
by Federal Express or other nationally recognized overnight carrier for next day delivery. Either party may designate,by
simil ar written notice to the other party, any other address, facsimile number or co telephone nwnber for such
PmPo -
15. Sevcrab`H. If any provision of this Agreement is held to be illegal, invalid or unenforceable under
present or future laws,such provision shall be fully severable and this shall be and enforced as if such
illegal.,invalid or unenforceable provision is not a part hereof,and the g provisions hereof shall remain in full force
and effect. In lieu of any illegal,invalid or unenforceable provision herein,there shall be added automatically as a part of this
Agri i F t a provision as similar in its terms to such illegal,invalid or unenforceable provision as may be possible and be
legal,valid and enforceable.
16. Ind resat Contractor. It is understood that the relationship of Consultant to Owner shall be that of an
z -pendent contractor. Nothing contained herein or inferable herefrom shall be deemed or construed(a)to make Consultant
the agars,servant,or ennployee of Owner,or(b)to create any partnership,joint venture,or other association between Owner
and Consultant.
17. ConSdentiailty and lletnra of l]ocnmt . In connection with Consultant's p e of the Services,
Consultant may have access to information relating to Owner and Owner's business interests("Information"). In addition,
Consultant will have access to materials,records,data drawings,specifications,engineering documents and other documents
produced by,or coming into the possession of Consultant or its subcontractors in connection with the performance of the
Se Mces("Documents"). All Information and Documents shall be maintained in absolute confidence,and Consultant shall
not at any time, without Owner's prior written consent, duplicate, publicize, or divulge to anyone any portion of such
Information and Documents, except for the pugrpose of carrying out the Services pursuant to this Agreement. The
Information and Documents will be and will remain the sole of Owner,and Owner owns and retains all commn
law,stannory and other i rights relating thereto,mchiding,but not limited to,all copyrights to the Information and
Documents,which are hereby conveyed to Owner by Consultant. Consultant shall ps tly deliver to Owner the originals
and all copies of the Information and Documents, whether supplied to it by Owner or produced by it or its subcontractors,
upon 'on of this Agreement for any reason or upon completion of the Services.
18. Other Conditions and Provisions. THIS AGR IF 2AENT SHALL BE CONSTRUED IN ACCORDANCE
WITH AND GOVERNED BY THE LAW OF THE STATE OF TEXAS. THE PARTIES HERETO HEREBY AGREE
EFFW Corw<ing Agreemo Faris A Nichols&41-11 aloe 3
THAT VENUE OF ANY ACTION UNDER THIS AGREEMENT SHALL BE EXCLUSIVELY IN THE STATE COURTS
OF TARRANT COUNTY, TEXAS, IT BEING UNDERSTOOD THAT THIS AGREEMENT IS ACCEPTED AND
ENTERED INTO BY OWNER AND PERFORMABLE(AT LEAST IN PART)IN SAID COUNTY. Owner is relying on
the skill and experience of Consultant and therefore,it is agreed that Consultant shall not assign or transfer any interest in this
Agreement or any portion thereof without the written consent of the Owner. Owner may assign this Agreement at its
discretion. This Agreement contains the entire agreement between the parties. All prior negotiations between the parties are
merged into this Agreement, and there are no understandings or agreements other than those incorporated or referred to
herein. This Agreement may not be modified except by an instrument in writing signed by the parties hereto. If any action at
law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees, costs,, and necessary disbursements in addition to any relief to which it may be entitled.
Consultant shall keep Owner's free from all mechanic's,materialmen's and other liens arising out of Consultant's
Services hereunder. In the event any such lien is filed by anyone claiming by,through or under Consultant,Consultant shall
remove and discharge the same within ten (t o) days of the filing thereof. This Agreement may be executed in multiple
counterparts,each of which shall, for all purposes, be deemed an original, but which together shall constitute one and the
same instrument.
19. Con 'eta. In the event of a conflict between the terms of this Agreement and the provisions of any exhibit
attached hereto,the terms of this Agreement will prevail.
20, Owner's Rep Events Facilities Fort Worth, Inc. is hereby designated as "Owner's
Representative" with respect to the Services; provided, however, that Owner may at any time designate another party as
Owner's Representative. All communications to Owner shall be through Owner's Representative.
21. ThIIA Partr Benegciar,�. It is understood and agreed by the parties that the City of Fort Worth,Texas is
an intended third party beneficiary of this Agreement with all legal rights and privileges associated therewith.
F FF W Consulting Agreement Frem NI-cWs"-11 4
Executed by the pardes to be effective as of the date first written above.
ONMR:
EVENT FACn rIES FORT WORTH,INC.,
a Texas non- ft tai
i
By.
Name. PiKe.-L-I't-tv dry
Title: po", ELE 11 I-Jlmd
CONSULTANT:
FREESE AND NICHOLS,INC.,
a Texas corporation
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Jahn F.Dewar,P.E.,S.E.
Principal
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EDIT A
SCOPE of SERVICES AND RESPONSIB S OF ONVNER
The Harley Avenue: Drainage and Paving Improvements Project (the Project) includes the
following work to be performed by Freese and Nichols,Inc.(FNI):
L BASIC SERVICES
A. Design Phase Services including the preparation of plans,specifications,and estimates for the storm
drain trunk line, roadway drainage, associated utility relocations and traffic signal for Harley
Avenue from Montgomery Street to Rip Johnson.
B. Bid Phase Services
C. Dunaway Design services including:pmQject man and coordinaition,civil construction plans
for roadway and grading,Landscaping plans and specifications,irrigation plans and specifications,archeolo ' 'cal survey, TDLR submittal, CFA documentation and co
Montgomery Street topographic survey,Trinity Park drainage study survey,final plat,right of way
dedication,construction staking,and bid phase services.
D. All plan and specifications will be signed and sealed by a Rrg6tcred Professional Enginm
licensed in the State of Texas and will be submitted to the City of Fort Worth through its required
procAwes for approvals and construction- As part of Basic Services,FNI or its consultants will
provide all documents required by the City.
II. SPECIAL SERVICES
A. Construction Phase Services
B. Trinity Park Drainage Study
C. Coordination with City regarding El Campo 54"Storm Drain
D. Traffic Impact Analysis for future development
E. Subsurface Utility(SUE)Investigations
F. Geotechnical Investigations
G. Dunaway construction phase services
The Project is being fwmded through a Infrastructure Construction Agreement between Event Facilities Fort
Worth and City of Fort Worth(CITY). Since this is ultimately a CITY project,CITY standards and
processes will be followed during design. FNI will assist Owner as necessary,including, g exhibits for
the Infiwtructwr.Construction Agreement and preparing opinions of probable cost as required by the City.
Notwithstanding anything to the contrary herein,expected numbers of meetings and site visits are enumerated in
the contract but it is understood that all meetings and site visits within the contract are interchangeable,and
Additional Services will only be required if the aggregate total number of meetings or site visits is exceeded. It
is understood that all or significant portions of the Project will be dedicated to the City of Fort Worth and the
City of Fort Worth is an intended third party beneficiary of the Agreement.
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EXHIBIT A-1
ARTICLE I
BASIC SERVICES: FNI shall render the following pro a)services in connection with the dcvckpnmt
of the Project:
A. D I N PHASE: FNI shall provide professional services in this phase as follows:
1. Project Management and meetings as required to complete the Basic Services including the
following.
a. Conduct and document project kickoff meeting.
b. Conduct and document a maximum of eight(8)bi-weekly project stakeholder meetings.
c. Conduct and document a maximum of fourteen 0 4)weekly design meetings.
2. ftqmm drawings, specifcations, C tr=tiOn Contract Documents, designs, and layouts of
improvements to be d. FNI will up to three(3)interim"progress sets"for use
during bi.wccidy project stakeholder meetings. Interim exhibits will also be prepared as n
to evaluate design alternatives during stakeholder meetings. The following impmvements will be
designed by FNI:
a. Dminage Design to include:
i. Phase 2 of Harley Avenue storm drain trunk line between Rip Johnson and
Montgomery.
ii. Roadway to include storm drain inlets and laterals. Dffsite lateral connection
locations will be provided by Dunaway.
iii. Structural design of two(2)junction boxes.
iv. All storm water calculations and design shall conform to the City of Fort Worth Storm
Water Management Design Manual, March 2006 and any other applicable
requimments.
b. Utility relocations to include:
i. Approximately 500 LF of 8"waterline near Harley Ave and Rip Johnson
ii. Approximately 500 LF of 12"waterline in Montgomery between Bryce and Byers
iii. Conflict between proposed stars drain and the existing 24"sanitary sewer neat station
26+00 to remain temporarily with casing through box culverts.
iv. Conceptual alignment of future sewer in Montgomery for the purposes of . . g
potential conflicts with storm drain alignment. Detailed design of future 24"sanitary
sewer is not included in this contract.
c. Traffic signal at intersection of"New Harley'and Montgomery as follows:
i. Dunaway will design the pavement and all striping and signage, except what is
provided on the signal mast arms
ix. Compile information to generate design traffic volumes for approval of City.
M. Prepare approach lane assi and signal phasing optimization using traffic
volumes
iv. Review signal equipment and coordination requirements with CrrY
V. helyme.Preliminary Design and initial cost estimate for review by Client and
City
vi. Incorporate Client and City review comments on Preliminary Design
vii. Prepare Draft Final Signal Design.and cost estimate for review by Client and City
viii. Incorporate Client and City review comments on Draft Final Design
ix. Prepare Final Signal Design plans,specifications and cost estimate
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EXHIBIT A-2
3. Furnish such information necessary to utility 'es whose facilities maybe affected or services
may be for the Project. coordinafion with franchise utility companies to be
performed by FNL Only franchise relocations will be considered at this time. Consideration of
future franchise needs will be considered an additional service.
4. FNI will up to three(3)revisions of an opinion of probable construction cost based on
approvals and revisions of the Owner and City
5. FNI will use CI'T'Y front end and technical specifications,including General and Special Conditions
of the Contract required by the City and Owner's form Agreement. FNI will supplement the
technical specifications if needed.
6. Prepare bidder's proposal forms(project quantities)of the improvements to be constructed.
7. Furnish OWNER ten(10)sets of copies of drawings,specifications,and bid proposals marked
" for approval by OWNER submittal. Upon final approval by OWNER,FNI will
provide OWNER ten(10)sets of copies of"Final"drawings.
B. HID OR NEGOTIAI'IO I PHASE. , Upon completion of the design services and approval of"Final"
drawings and specifications by OWNER,FNI will proceed with the performance of services in this
phase as follows:
1. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors and vendors
approved by CM for CFA process. Provide a copy of the notice to bidders for the approval of
OWNE3L FNI will be r xmsible for notifying construction news publications and publishing
appropriate legal notice. The cost for such publications shall be reimbursed by O
Z. Distribute bid documents through CIVCAST online website. The bid documents will include
copies of all applicable contract documents,including,without limitation,the form Agreement
provided by Owner and all General and Special Conditions of the Contract required by the City.
3. Maintain information on entities that have been issued a set of bid documents. Distribute
information on *mlif ed bidders and other plan holders to interested contractors and vendors on
request.
4. Assist Owner by responding to questions and Lint g bid documents. Prepare and issue
addenda to the bid documents to plan holders if necessary.
5. Assist OWNER and the City in the opening,tabulating,and analyzing the bids received. Review
the qualification information provided by the apparent low bidder to determine if,based on the
information available,they appear to be qualified to construct the project.. If requested by Owner,
develop and evaluate criteria to recommend award of contracts. Recommend award of contracts or
other actions as a ' tc to be taken by OWNER.
6. Conduct a pre-bid conference for the construction projects and coordinate withOWNER-
Response to the pre-bid conference will be in the form of addenda issued after the conference.
Attend the tour of the project site after the pre-bid conference.
7. Assist OWNER in the preparation of Construction Contract Documents for construction contracts.
Provide ten(1 0)sets of Construction Contract Documents which include Owner's Anent form,
all applicable General and Special Conditions of the Contract,information from the apparent low
bidder's bid documents,legal documents,and addenda bound in the documents for execution by the
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EXHIBIT A-3
OWNER and construction contractor. Distribute five (5) copies of these documents to the
contractor with a notice of award that includes directions for the execution of these documents by
the construction contractor. Provide OWNER with the ' ' g five (5) copies of these
documents for use during construction. Additional sets of documents can be provided as an
Additional Service.
8. Furnish contractor copies of the drawings and specifications for construction pursuant to the
General Conditions of the ConshucfiOn Contract.
C. DUNAWAY BASK 5 V1 ES:Services to be provided by Dunaway Amociates including the
following:
1. Project Man enic a aand I3esiga Mectingl
■ Attend a pre-desip Project dckoff/chartering meeting with City ofFort Worth staffto confum
and clarify scopes understand City of Fort Worth objectives, and ensure economical and
functional designs that meet City ants.
• Attend bi-weekly review meetings
• Assist in the preparation and submittal of a baseline Project Schedule
•
Coordimw with the City of Fort Worth,franchise agencies,and entities as necessary for the
design of the and provide and obtain k&anafion needed to prepare the
design.
• Coordinate with Freese and Nichols on design/coordination of the project..
Z. Civil Construction Plans-Roadway/Gradinit
Dunaway will construction plans and specifications for the public roadway influstructurc
improvements required for this prof act. These improvements consist of a new roadway 'on from
existing Harley at Rip Johnson to Montgomery Avenue.These plans and specifications will be signed
and sealed by a Registered Professional Engineer licensed in the State of Texas and will be submitted to
the City of Fort Worth through its required pt cesses for approvals and construction. A tentative list of
drawings anticipated to be created follows:
• Cover Sheet
• Paving Plan and Profiles
• Paving Details
• Striping and Signage Plans
■ Striping and Signage Details
• Interim Grading Plans
•
Traffic Control Plans at Montgomery Ave.and existing Harley Ave.
• Traffic Control Details
• Street Light Plans
• Street Light Details
■ Erosion Control Plans
• Erosion Control Details
3. LandscM Plans and Soecific_ations
Dunaway will meet with the Client representatives to review the Design Development materials
previously developed for New Harley Avenue and discuss the goals for the overall landscape and
hadscape effect of the proposed improvements.
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EXHIBIT A4
y viii
Construction Document level landscape and LWL plans depicting the
proposed impTOvcmcnts. Dunaway will produce Planting Plans at an ' to scale indicating plant
location, quantity and sizee. The plans will be under the ' 'on of a
Landscape Architect and will be suitable for submittal to and appFpmo of the appropriate municipal
agency. Dunaway will produce Hnddscape Plans for the five pr A vehicular
along New Harley indicating,paving quantity,color and sim The plans will be
under the supervision of a Engineer and Landscape Architect and will be suitable
for submittal to and approval of the aMopriate municipal agency.
Dunaway will psoduc.c Conswwtion Document level landscape and hardscape details depicting the
proposed improvenents. Planting details will be to ensure planting depths are within
a xq)table range of existing restrictions and will promote long term success for street tree plantings.
Hardscape details will be produced to ensure cost effective methods are used to achieve a long term
maintenance Dunaway will develop cross sections and elevation details for planting and
impro�ts as n to domibe the impr+avemecits
Dunaway will pteMe landscape and hhardscape Technical Specifications for the proposed sti
impzovemeats.
Dunaway will pxqwe a Conswwtion Document level opinion of probable construction costs to
accompany the final ts. Dunaway will meet with the Client tatives to review the 1000/9
C Document package. Dunaway will address final comments from meeting then prepare a
140%bid document package suitable for bidding.
4. Irri Lion Plans and Specif cations
Dunaway will meet with the Client representatives of the facilities to review the surrounding water
supply and existing irrigation system inchiding,piping, eats,operation and any other key factors
that will influence the final irrigation design. The proposed irrigation streetscape:system and options for
mainlines,controllers and monitoring regt uemcnts will be discussed and reviewed to understand and
respond to any operational and maintenance concerns.
Dunaway will produce final Construction Document level imgation plans indicating imigation
compcment locations and installation details for heads,valves,piping,controllers,etc.,which will be
prepared to a level consistent for mdnaission to the City of Fort North and for construction. The plans
will be produced to a scale ' to to the level of detail reWired for the project. Dunaway will
provide appropriate design calculations,details and Technical Specifications. The irrigation plans will
adhere to the irrigation is of the State of Texas and of the City of Fort Worth,and will be
approved by the facilities maintenance team at the will Rogers Cultural District 1 City of Fort Worth
Parks and Community Services Department.
5. TDLR Submittal
Dunaway will provide a Registered Accessibility Specialist (RAS) the appropriate materials for
submittal to TDLR. By law,the owner is responsible for payment of applicable fees to TDLR which
Dunaway will submit on the Owners'behalf as a reimbursable expense. Dunaway will respond to any
plan review findings that require changes to the plans or specifications.
6. Mont&MM Avenue TopogMphic Survey
Dunaway will provide a Topographic Survey of four areas described as follows:
a. Bryce Street—from west ROW of Montgomery Street west along Bryce Street 150 feet.
L\Rawureeslcbs\E\EF'F W\FN I Harley
EXHIBIT A-5
b. Alley between Bryce and Byers—from west ROW of Montgomery Street west along alley 300
feet.
c. Byers Street—from west ROW of Montgomery Street west along Byers Street 130 feet..
d. Montgomery Street--from north ROVE of Bryce Street south along Montgomery Street to the
south ROW of Byers.
The topographic survey will include 1 foot interval contours developed based upon the results of the
measurements taken. Cross-sections extending from right-of-way to right-of-way or width of alley will
be taken at approximate 50 foot intervals and at all grade breaks along these existing alignments.The
topographic survey shall include,but not limited to,locating all existing features such as water valves,
curb&gutter,asphalt,sidewalks,medians,fences,driveways,storm and sewer manholes,trees 4"and
larger,tops and toes of slope,power poles,mailboxes,signs„telephone risers and other visible features.
The vertical datum upon which the elevations are based will be the City of Fort Worth.Benchmarks for
the topographic survey areas along with horizontal control from the North American Datums,State Plane
Coordinate System,North Central Zone,NAD83 will be established at approximate Soo-foot intervals
or a minimum of 3 control points per project site.
Deliverables shall include an AutoCAD drawing file showing all of the features located,property lines,
ground elevations,a Digital Terrain Model along with one-foot interval contours.
7. Trinity Drainage Study Cross Sectional Survey
a. Establish vertical control for the project from existing City of Fort worth vertical control.
Establish benchmarks for the topographic survey.Establish horizontal control from the North
American Datum,State Plane Coordinate System,North Central Zone,NAD83 and set control
points as needed.
b. Provide cross-sections for 2,500 linear feet of channel.The cross-sections shall be 50 feet wide
at 300 feet spacing for 2,500 Linear feet.Included in the study shall be the(1)bridge geometry
and(2)culvert crossings.
c. Deliverables shall include an AutoCAD drawing file showing all cross-sections, bridge
geometry,and culvert crossings.We will also provide copies of survey field notes,a hardcopy
of the coordinates,digital photos,and an ASCII file of the coordinates for the points located.
S. _Drainage Design D229 Phic Survey
a. Provide a topographic survey of 2,500 linear feet for proposed drainage channel,with the limits
being from the east right-of-way line of University Boulevard,2,600 feet to the east through
Trinity Park.The topographic surveys shall include cross-sections extending 100 feet wide
centered on the existing centerline.The topographic survey shall include,but not limited to,
locating all existing features such as water valves,curb&gutter,asphalt,sidewalks,medians,
fences,driveways,storm&sewer manholes,trees 4"and larger,tops and toes of slope,power
poles,mailboxes,signs,telephone risers and other visible features.
b. Deliverables shall include an AutoCAD drawing file showing all of the features located,ground
elevation,a Digital Terrain Model along with one-foot interval contours.Provide copies of the
survey field notes,a hardcopy of the coordinates-and an ASCII file of the coordinates for the
points located.
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EXHIBIT A-6
9. &&I-oL-Wy Dedicatk m
Dunaway will dedicate the proposed right of way by separate easement,not by plat.Runaway will
produce the exhibits,attend necessary meetings with the City of Fort Worth,and file the
documents with then agencies. An additional filing fee for each additional t to be
filed will be needed if each separate parcel is rcqmiired to be dOdicated under a document.
10. Consauction Staking,
Dunaway will provide,on a one time basin the following services:
a. Establish on site horizontal&vertical control as needed.
b. Rough stake proposed Harley Ave.on 50'stationing with stakes set on the right-of-Way line
and graded to top of curb.
c. Final stake proposed Harley Ave.on 50'stationing with 5'offset stakes set to the back of curb
and graded to top of the curb.
d. Submit cut sheets to the City of Fort Worth inspection department.
e. Office support as needed for construction staking (Survey Technician & Rtgistered
Professional Land Surveyor).
f. Any additional work needed or any re-staking Will be done on an hourly basis with
authorization either by Owner or a separate proposal.
Constnxtion staking will be completed after written authorization to proceed is received,if possible.
11. Bid Phase Services
Assist Freese and Nichols with the bid process as it relates to Duunaway*s portion of the scope.
Dunaway will produce and deliver bid documents to FNI, assist F1VI responding to questions,
in
gthebiddocumentsandtabulaitingthe information.Dunaway will attend the pre and
post bid meetings.
D. THE PROJECTS CROUP Throughout design,construction,and project close out,the Projects
Croup will provide the following services:
1. Provide general project coordination and support services for the Harley Re-Alignment project
M conjunction With the adjacent McWane Parking Lot improvements,Gendy Street
Improvements,Multipurpose:Facility and other projects in the area.
2. Serve as a liaison between the Harley and McWanc prof Oct teams in order to coordinate the
design and construction of both projects
3. Work with the project teams,the City of Fort Worth and other stakeholders to ensure proper
coordination between all the prof ects in the area.
4. Use good faith and diligent efforts to inform the stakeholders of any potential conflicts arising
out of the construction of the various projects.
5. Coordinate design,phasing of the work to minimize the impact to the multitude of events.
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EXHIBIT A-7
ARTICLE II
SPECIAL SERVICES: FNI shall render the following professional services in connection with the
development of the Project:
A. CONSTR U ON PHAS : Upon completion of the bid or negotiation phase services„ FNI will
pt oceed with the p of conshmction phase services as described below. FNI will endeavor to
protect OWNER in providing these services however,it is understood that FNI does not guarantee the
Contractor's. nor is FNI responsible for supervision of the Contractor's operation and
employ=. FM shall not be responsible for the means,methods,techniques,sequences or
of construction selected by the Contractor,or any safety precautions and programs relating in any way to
the condition of the pra==6 the work of the Contractor or any Subcontractor. FNI shall not be
'ble for the acts or omissions of any person(except its own employees or agents)at the Project
site or otherwise performing any of the work of the Project.
These services are based on the use of CITY General Conditions for construiction projects.
Modifications to these services required by use of other general conditions or contract administration
procedures are an additional service.
1. Assist OWNER in conducting pre-construction conference(s) with the Contractor's), review
construction schedules pmviaedd by the Contractor(s) pursuant to the eats of the
construction contract,and prepare a proposed estimate of monthly cash requirements of the Project
from information provided by the Construction Contractor.
2. Establish communication procedures with the OWNER and contractor. Submit monthly reports of
construction progress. Rcports wilt describe construction progress in general terms and summarize
project costs,cash flow,construction schedule and pending and approved contract modifications.
3. Conduct and document a maxiunum of seventeen (17) bi weekly construction coordination
meetings.
4. Establish and maintain a project documentation system consistent with the requirements of the
construction contract documents. Monitor the processing of contractor's submittals and provide for
filing and retrieval of project documentation. Produce monthly reports indicating the status of all
submittals in the review pr cess. Review contractor's submittals, including, requests for
information,modification requests,shop drawings,schedules,and other submittals in accordance
with the requirements of the construction contract documents for the projects. Monitor the progress
of the contractor in sending and processing submittals to see that documentation is being pi xwed
in accordance with schedules.
5. Based on FNI's observations as an experienced and qualified design professional and review of the
Payment Requests and supporting documentation submitted by Contractor,determine the amount
that FNI recommends Contractor be paid on monthly and final estimates,pursuant to the General
Conditions of the Construction Contract.
6. Make a maximum of nine (9) visits appropriate to the stage of construction to the site (as
distinguished from the continuous services of a Resident Project Representative)to observe the
progress and the quality of work and to attempt to determine in general if the work is pr eeding in
accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect
the OWNER against defects and deficiencies in the work of Contractors and will report any
observed deficiencies to OWNER. Visits to the site in excess of the specified number are an
Additional Service to the extent such visits are not required as a result of any failure of FNI to
provide the Services in accordance with the applicable standard of care set forth in the Agreement.
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EXHIBIT A-S
7. Notify the Owner and contractor of non-conforming work observed on site visits. Review quality
related documents provided by the contractor, Owner or City, such as test reports, equipment
installation reports or other documentation r by the Construction contract documents.
8. Coordinate the work of testing laboratories and inspection bureaus required for the testing or
inspection of materials,witnessed tests,factory testing,etc.for quality control of the Project. The
cost of such quality control is not included in the services to be performed by FNI.
9. Interpret the drawings and specifications for OWNER, City and Contractor(s). Investigations,
analyses,and studies requested by the Contractor(s)and approved by for sub of
equipment and/or materials or deviations from the drawings and specifications is an additional
service.
10. Establish procedures for administering constructive changes to the construction contracts. Process
contract modifications and negotiate with the contractor on behalf of the OWNER to ' e the
cost and time' of these change.4. Prepare change order documentation for
for execution by the OV44EIL Documentation of field orders, where cost to OWNER is not
impacted,will also be prepared Investigations,analyses, studies or design for substitutions of
equipment or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor and approved by
the Owner are an additional service. Substitutions of materials or equipment or design
modifications requested by the OWNER are an additional service.
11. Prepare documentation for contract modifications required to implement modifications in the design
of the project. Receive and evaluate notices of contractor claim s and make recommendations to the
OWNER on the merit and value of the claim on the basis of information submitted by the contractor
or available in project doCUmentatioaa. Endeavor to negotiate a settlement value with the Contractor
on behalf of the OWNER if ' te. Providing these services to review or evaluate
construction conmactor(s) claim(s), supported by causes not within the control of FNI are an
additional service.
12. Assist in the transfer of and acceptance by the construction contractor of any Owner furnished
equipment or materials.
13. Conduct,in company with OWNER'S xqx sentative,a final review of the Project for confomiance
with the design concept of the Project and general compliance with the Construction Contract
Documents. Prepare a list of deficiencies to be corrected by the contractor before re elation
of final payment. Assist the City in obtaining legal releases,permits,warranties,spare Parts,and
keys from the contractor. Review and comment on the certificate of completion and the
recommendation for final payment to the Contractor(s). Visiting the site to review completed work
in excess of four(4)trips are an Additional Service to the extent such visits are not required as a
result of any failure of Frli to provide the Services in accordance with the applicable standard of
care set forth in the Agr eeiment.
14. Revise the construction drawings in accordance with the information furnished by construction
Contractor(s)reflecting changes in the Project made during construction. Two(2)sets of prints of
`.Record Drawings"shall be provided by FNI to OWNER.
B. TRINITY PARK DRAINA E STUDY- FNI will perform a drainage study in Trinity Park to develop
and analyze improvements to mitigate increased discharges from the Harley Avenue Storm Drain
Project. The study will include coordination with PAC S staff to evaluate potential improvement
alternatives.
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EXHIBIT A-9
I. Limits of the study will be Crestline Road to the north,University Drive to the west,1-30 to the
south,and the Trinity River to the east. All drainage crossings of University Drive within these
limits will be
2. Perform site visits as required to complete the study. The first site visit will be to observe and
document existing drainage and the second site visit will be to evaluate alternative
alignments for improvements. Other site visits will be performed as n Mcessary.
3. Hydrology will be based on Harley Avenue design discharge hydrographs. Other contributing
drainage areas will be analyzed as a single basin entering the study area.
4. Consider environmental conditions to include a review of readily available information regarding
the study area of endangered species, threatened species, and Waters of the U.S., including
wetlands. This will not include a detailed survey,investigation or determination.
5. Coordinate with Dunaway to obtain surveyed cross-sections of the existing channel at
approximately 300-feet intervals for 2600 linear feet of channel. riverbanks will be based on 2-ft
contours to be provided by the City.
6. An existing conditions hydraulic model of the study area will be developed using Infoworks SD.
7. Development of up to four(4)improvement alternatives in the park. Each improvement alternative
will be analyzed using the most&I I opi' to software for the type of improvement on trees
will be estimated based site visits and best available data.
S. Develop conceptual cost estimates for each improvement alternative.
9. Meet with City staffup to sax(6)times during the course of the study to identify and select drainage
improvement alternatives. At least two(2)of the meetings will include staff from the City Parks
and Community Services Department FNI will provide information and attend public meetings to
be conducted by CITY staff if requested by the CITY. Conducting a public meeting or design
charrette including Meqppmaration of a pzesentation,making physical arrangements,and staffing the
public mecting will be considered an Additional Service.
10. Document the study and the recommended improvement alternative in a technical memorandum
with apporting figures and exhibits. Provide five(5)copies of technical memorandum.
E. EL CAMPO.54"_STORM,DRAIN ALIGNMENT COORDINATION
1. FNI will coordinate with CITY to develop conceptual alignment for modifications for 54"RCP
crossing Japanese Gardens and McWayne Retaining Wall.
2. The conceptual alignment will identify extents of the 54"line to be modified. Up to three(3)
conceptual alignments will be analyzed. Alignments and proposed sizes will be based on
conceptual calculations. Detailed analysis of existing 54"line is NOT included.
3. Develop conceptual cost estimate for chosen alignment.
F. TRAFFIC NPACT MALYS&(TTA)-FNI will prepare a Traffic Impact Analysis for the future
development. Any fees for applications or review of TIA will be paid by OWNER or City.
1. Meet with OWNER to discuss attributes of the project.
L AR Icbs1E\EFF W\FN 1 Hmi"
EXHIBIT A-10
2. Compile trip generation,access and circulation from prior studies of the
W.
future development,associated parking, and other available studies.
3. Review TIA requ eats with CITY staff
4. Following City guidelines and those of the"Transportation Impact Analym for Site Development
r clod practice of the Institute of Transportation Engineers(TTE],prepare a draft TIA report
for review by the Client.
5. Incorporate review ca IT" eats on the Draft Report from the Client
6. Prepare a first submittal for the TIA Report to the CITY for review and approval. TIA
applicationshrview fees to be paid by the Client
7. Incorporate review comments on the Drag Report from the CITY
S. Prepare any corrections to the TIA Report
g. As need4 'ttals of the TIA Report to the CITY for approval. Any additional TIA
review fees to be paid by the Client.
G. St 5 �R�ACE - - ENGIIVEERING S :Coordinate with Goxrondona tic Associates,who
will be retained by FNI as part of the Special Services,to obtain Subsurface Utility Engineering(SUE)
including:
1. Level B for 150 ft on Bryce Street,300 ft on alley between Bryce and Byers Streets,150 ft on Byers
Street,and along Montgomery Street from north of Bryce to south of Byers
2. Level A SUE(potholes)at four(4)locations including coring,pavement repair,and traffic control
H. GEDTECHNICAL:Coordinate with HVJ to perform geotechnical investigations to include two(2)30-
foot borings and six(6)20-foot soil borings. Geotechnical report to include:
1. Geotechnical Report to include:plan of borings,boring logs,generalized subsurface conditions,
groundwater level observations and subsurface soil conditions, outfall structures design and
construction recommendations,storm drain design and construction recommendations,bedding and
backfill recommendations,pavement design and subgrade treatment recommendations,and general
earthwork recommendations.
I, Construction A eat Documentation and Coordination
Dunaway will assist the Client and Freese and Nichols with the completion of the In astructure
Construction A t(City Agreement). Dunaway will prepare the necessary exhibits and engineer's
opinion of Probable Construction Cost (oPCC) that will be rapired for the City Agreement
Dunaway will assist in keeping the City approval process moving through completion.
J. heal istozic Sure to be performed by Dunaway Associates
principal Archaeologist will coordinate with the Texas Historical Commission to determine the level of
Archaeological Survey required for the project. PA will then conduct the survey,which will
included to determine if any archaeological sites are located within the project or within the
APE of the project, any necessary field work(including any shovel test necessary), any necessary
coordination and paperwork associated with the THC, pulling of any necessary Texas Antiquities
Permits and any necessary site recording. PA will also coordinate with the THC in the event that a
Historical Architect is necessary to determine if any building structures located within the project
L:1Resvwrceslcbs 1 Homey
EXHIBIT A-11
boundaries or within the APE of the project are considered historical in nature and need to be assessed
to determine if the building structure is considered significant and have to be recorded with the THC
Historic Department.
1C RUNAWAY CONSTRUCT ON PHASE SERVICES:
1. Civil Roadway:Dunaway will provide construction administration services as follows:
a. Review and respond on the Client's behalf for shop drawing submittals related to elements of
the design for which Dunaway is 'ble.
b. Review and respond to written Requests for Information from the Client's contractor ' g
elements of the design for which Dunaway is rub 'ble.
c. Make apprvpz0 site visits during construction for a cursory review of progress of
construction.Please note that Dunaway does not provide construction inspection services. We
recommend that the Client retain a geotechnical engineer to provide inspection of private site
llnpZOVetllentS.
d. Dunaway will assist the Client representatives in review of a list of approved contractors and/or
subcontractors.
e. Dunaway will review substitutions and alternatives as requested by the bidderslcontractors and
make recommendations.
f. Dunaway will attend a pre-construction meeting with the Client and contractor.
g. Dunaway will attend bi-weekly construction coordination meetings.
2. - ;gltion:Dunaway will provide construction administration services as follows:
a. Review and respond on the Client's behalffor shop drawing submittals related to elements of
the design for which Dunaway is responsible.
b. Review and respond to written Requests for Information from the Client's contractor re
elements of the design for which Dunaway is responsible.
c. Make occasional site visits during construction for a cursory review of progress of construction.
d. Dunaway will assist the Client representatives in review of a list of approved contractors and/or
subcontractors.
e. Dunaway will provide bid documents as an integral package with other disciplines.
f. Dunaway will review substitutions and alternatives as requested by the bidders/contractvrs and
make recommendations.
g. Dunaway will attend a pre-construction mfg with the Client and contractor.
h. Dunaway will attend bi-weekly construction coordination meetings.
ARTICLE III
ADDITIONAL SERVICES: Additional Services to be performed by FNI,if authorized by OWNER,which
are not included in the above described basic services,are described as follows;provided however,all such
services are included in the Basic and Special Services to the extent specified above or required to be performed
as a result of the errors or omissions of FNI or its consultants.:
A. Final design of Trinity Park Drainage Improvements.
LAResour,a\cbs 1 Haney
EXHIBIT A-12
B. Final design of improvements to El Campo 54"Storm Drain.
C. Final design of additional drainage improvements upstream in watershed in neighborhood west of
Montgomery beyond what is shown in 301%design plans`
D. Final design of water or sewer relocations or utility improvements beyond what is stated above.
E. Field surveying requbired for the prepai "on of designs and drawings beyond what is stated above.
F. Field layouts or the furnishing of construction line and grade surveys beyond what is stated above.
O. Platting or re-platting services for roadway right of way or adjoining parcels.
H. OIS mapping services or assistance with these services.
I. Making pro"Pma ILY,boundary and right-of-way surveys,preparation of ammmt and deed descriptions,
including title sea-ch and ation of deed records in excess of the surveying services included in
Basic or Special Services---See Article 1.
L Providing services to investigate existing conditions or facilities,or to make measured drawings dxzw4
or to verify the accuracy of drawings or other information funaished by OWNER other than as n
to complete the Basic or Special Service's.
K. Providing renderings model,and mock-ups requested by the OWNER.
L Making revisions to drawings, specifications or other documents when such revisions are 1) not
consistent with approvals or instructions previously given by OWNER&City or Z)to the extent due to
other causes not reasonably within the control of FNI.
M. Providing consultation concerning the replacement of any Work damaged by fire or other similar
casualty during the construction,and providing services as may be required in connection with the
replacement of such Work.
N. Investigations involving consideration of operation, maintenance and overhead expenses, and the
preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals,
evaluations, em t schedules,and material audits or inventories required for certification of force
account construction performed by OWNER.
D. g applications and g documents for government grants,loans,or planning advances
and providing data for detailed applications.
P. Providing shop,mill,field or laboratory inspection of materials and equipment. Observe factory tests of
equipment at any site remote to the project.
Q. Conducting pilot plant studies or tests.
R. Preparing Operation and Mainteaance Manuals or conducting operator training.
S. Preparing data and reports for assistance to OWNER in preparation for hearings before federal
regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by
deposition,and preparations therefore before any federal regulatory agency,court,arbitration panel or
L\Resww+ceslcW\ElEFFWIF N1 Hanky
EXHIBIT A-13
mediator,provided such hearing or testimony is not included in Basic or Special Services or otherwise
required as a result of the Services provided by FNI or its consultants.
T. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative
during the Construction Phase. The Resident Project Representative will act as directed by FNI in order
to provide more extensive representation at the Project site during the Construction Phase.Through
more extensive on-site observations of the work in prop and field checks ofmaterials and
by the Resident Project Representative and assistants,FNI shall endeavor to provide further protection
for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project
Representative is subject to the provisions of Article L D and Attachment RPR.
U. Furnishing Special hispections required under chapter 17 of the International Building Code. These
Special Inspections are often continuous,requ. . g an inspector dedicated to inspection of the individual
work item.,and they are in additional to General Represeritation.and Resident Rqmmtation services
noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an
Additional Service.
V. preparation of Conformed or"As Bid"plans and specifications for use during the construction phase.
These documents shall involve the incorporation of Ada items into the Contract Documents through
modification of the electronic files and reprinting of the plans and specifications inclusive of the
incorporated changes.
W. Assisting OWNER in preparing for,or appearing at litigation,mediation,arbitration,dispute review
boards,or other legal and/or administrative proceedings in the defense or prosecution of claims
with Contractor(s).
X. Performing investigations, studies and analyses of substitutions of equipment and/or materials or
deviations from the drawings and specifications.
Y. Assisting OWNER in the defense or prosecution of litigation in addition to those services contemplated
by this AGREEMENT;provided such litigation did not arise as a result of the Services provided by FNI
or its consultants. Such services,if any,shall be furnished by FNI on a fee basis negotiated by the
respective parties outside of and in addition to this AGREEMENT.
Z. Providing envirommtal support services including the design and implementation of ecological
baseline studies,environmental monitoring,impact assessment and analyses, g ,and
other assistance required to address environmental issues.
AA. Performing investigationsy studies,and analysis of work proposed by construction contractors to correct
defective work.
BB. Design,contract modifications,studies or analysis required to comply with local,State,Federal or other
regulatory agencies that become effective after the date of this agreement.
CC. Services required to resolve bid protests or to rebid the projects for any reason other than the fault of
FNI or its consultants.
DD. Visits to the site in excess of the number of trip included in Articles I-II for periodic site visits,
coordination meetings,or contract completion activities.
EE. Any services required as a result of default of the contractor(s)or the failure,for any reason other than
the fault of FNI or its consultants,of the contractor(s)to complete the work within the contract time.
L:IReavurcealchslE\EFFWTNI Harky
EXHIBIT A-14
FF. Providing services after the completion of the construction phase not specifically listed in Article I.
GG. Providing basic or additional services on an accelerated time schcdule for reasons other than the fault of
FNI or its consultants. The scope of this service include cost for overtime wages of employees and
consultants,inefficicacics in work sequence and plotting or 'vn costs directly attributable to an
accelerated time schedule dkocted by the OWNER.
HH. Providing services made necessary because of unforeseen,concealed,or differing site conditions or due
to the presence of hazardous substances in any form.
U. Providing services to review or evaluate construction contractor(s)clab*s),provided said claim's are
supported by causes not within the control of FNI or its consultants.
ii. Providing value engineering studies or reviews of cost savings proposed by the construction contractor
after the contract has been awarded.
KK. Provide follow-up professional services during Contractor's warranty period.
LL. Provide Geotechnical investigations,studies and reports other than those included in Article II.
ARTICLE IV
TIME OF COMPLETION: FNI is authorised to commence work on the Project upon execution of this
AGREEMENT and shall be completed according to a schedule for the Services approved by Owner. The
schedule will comply with Owner's cots for the start of construction of the improvements that are the
subject of the Services. The Owner's requirement for the construction schedule will be established in
consultation with the Owner prior to issuing bidding documents.
If the Services are unreasonably delayed through no fault of FNI,FNI shall be entitled to adjust the contract
schedule consistent with the number of days of delay. These delays may include but are not limited to
unreasonable delays'in OWNER or regulatory reviews,unreasonable delays on the flow of information to be
provided to FNI,governmental appmovals,etc. These delays may result in an adjustment to compensation as
outlined on the face of this AGREEMENT and in Attachment CO only to the extent such delay results in
extending the schedule for providing the Services in excess of twenty-four(24)months past the expected time of
completion ed as specified above.
ARTICLE V
RESPON IBMTEES OF OWNER: OWNER shall perform the following in a timely manner so as not to
unreasonably delay the services of FIJI("Engineer"):
A. Owner recognizes and expects that certain Change Orders may be required to be issued as the result in
whole or part of imprecision,incompleteness,errors,omission,ambiguities,or inconsistencies in the
Drawings, Specifications, and other design documentation furnished by Engineer or in the other
professional services performed or furnished by Engineer under this Agreement("Covered Change
Orders'). Any responsibility of Engineer for the costs of Covered Changed Orders will be determined
on the basis of applicable contractual obligations and professional liability standards. For purposes of
this paragraph,the cost of Covered Change Orders will not include:
L\RewumeSNCbs I Haney
EXHIBIT"A-15
• any costs that Owner would have incurred if the Covered Change Order work had been included
originally in the Contract Documents and without any other error or omission of Engineer related
thereto,
s Any costs that are due to unforeseen site conditions,or
Any costs that are due to changes made by the Owner.
• Any costs that are due to the Contractor
Nothing in this provision creates a presumption that,or changes the professional liability standard for
det nfifing if,Engineer is liable for the cost of Covered Change Orders or for any other Change Order.
Wherever used in this document,the term Engineer includes Engineer's officers,directors,partners,
employees,agents,and Engineers Consultants.
B. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this AGREEMENT. Such person shall have contract authority to transmit
receive information, interpret and define OWNER's policies and decisions with respect to FNI's
services for the Project.
C. Provide all criteria and full information as to OWNER's requirements for the Project,including design
objectives and constraints,space,capacity and performance ts,flexa�ility and expandability,
and any budgetary limitations; and fiunish copies of all design and construction standards which
OWNER will require to be included in the drawings and specifications.
D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including
previous reports and any other data relative to design or construction of the Project.
E. Arrange for access to and make all provisions for FNI to enter upon public and private property as
required for FNI to perform services under this AGREEMENT.
F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by FNI,obtain advice of an attorney,insurance counselor and other consultants as OWNER
deems a for such examination and render in writing decisions pertaining thereto within a
reasonable time so as not to unreasonably delay the services of FNI.
G. Provide such accounting,independent cost estimating and insurance counseling services as may be
required for the Project,such legal services as OWNER may require or FNI may reasonably request
with regard to legal issues pertaining to the Project including any that may be raised by Contractor[s],
such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has
used the moneys paid under the construction contract,and such inspection services as OWNER may
require to that Contractor(s)are complying with any law,rule,regulation,ordinance,,code or
order applicable to their furnishing and performing the work.
H. OWNER shall determine,prior to receipt of construction bid, if FNI is to furnish Resident Project
Representative service so the Bidders can be informed.
I. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any
development that affects the scope or timing of FNI's services,or any defect or nonconformance of the
work of any Contractor.
J. As may be necessary for the Project in Owner's opinion,Owner will either irnish,or direct FNI to
provide,Additional Services as stipulated in Attachment SC,Article III of this AGREEMENT or other
services as requiredL
LARe wxv ceslcbe I Harley
EXHIBIT A-15
K. Bear all costs incident to compliance with the requimmcnts of this Article v other than costs that are the
'bility of Engineer according to the Agi t_
ARTICLE VI
DESIGNATED REPRESENTATIVES:FNI and OWNER designate the following representatives:
Owner's Designated Rqwesentative--
Owner's Accounting Representative—
FNI's Designated ReWeswtative— Scott Hubley,4055 International Playa,Suite 200,Fort Worth,Texas
75109;Phone 817-735-7375;Fax 817-7357491;email skh@fi=w.com
FNI's Accounting Rqnvsmtadve—Patti Allen,4455 International Plaza,Suite 200,Fort Worth,Texas
75109;Phone 817-735-7466;Fax 817-735-7491;email pla@ftmc.com
L:11tamwaesV:W\REFF W\FM Harley
EXHIBIT A-17
ATTACEMENT CO
COMPENSATION
A. Basicad.SRMW Servlcces: Compensation to FNI for the Basic Services in Attachment SC shall be the lump
suns of Six Hundred Eighty One Thousand Six Hundred Dollars($681,600)and for Special Services a fee not
exceed Two Hundred Sixty Two Thousand Eight Hundred Dollars($262,800)for a total of Nine Hundred
Forty Four Thousand Four Hundred Dollars($944,400),as detailed in Attachment CO-2. FNI will retain,or
cause its consultants to retain,all consultants necessary to complete the Basic and Special Services described
in the Agroement,and the foregoing fixed compensation includes full tivn for the fees of all such
consultants with respect to their 've portions of the Basic and Special Services. If FNI sees the Scope
Of Services changing so that additional services are needed, including but not limited to those services
described as Additional Services in Attachment SC,FNI will notify OWNER for OWNER's written approval
before proceeding. Additional Services shall be computed based on the Schedule of Charges or negotiated
fixed fee.
B. SchSjule of Chi es for Additional Services:
Compensation for Additional Services will be based on the hourly rates and unit prices attached as Exhibit
"C"to the Agreement.
L ARwa=ea\cba 1 Haney FNI
CO-1 OWNER
Attachment CO-2
Harley Phase 2 Fee Summary
revised 8/8/2011
Dunaway Scope
Project Management and Design Meetings Basic $250,000
Civil Construction Plans-Roadway/Grading Basic $182,500
Landscape Plans and Specifications Basic $520,000
irrigations Plans and Specifications Basic $18000
Archeological/Historic Survey(ETI) Special $90,5p0
TDLR Submittal(Texability) Basic $2,004
CFA Documentation and Coordination Special $150,000
Preliminary Platting Basic $17500
Construction Staking Basic $27000
Bid Phase Services Basic $7500
Construction Phase Services Special $35,004
Field Survey Basic $200,8W
Expenses Special $2,500
Dunaway Total $414.304
Freese and Nichols Scope
Project Management and Design Meetings Basic $38100
Trinity Park Drainage Study Special $44,000
El Campo 54"Coordination Special $9500
Traffic Impact Analysis Special $170,100
Subsurface Utility Engineering(GAI) Special $25400
Geotechnical Investigations(HVJ) Special $23,540
Enhanced PM Services(Projects Group) Basic $750,D00
Drainage Design Basic $1510,004
Utilities Relocation Design Basic $29800
Traffic Signal Design Basic $160,800
Bid Phase Services Basic $18600
Construction Phase Services Special $190000
Construction Contract Administration Special $40300
Final Printing(Jons&Sons) Special $70,5W
Expenses Special $14,500
FNI Total $530.100
Total Basic $581,500 Dunaway $414,304
Total Special $252,800 FNI $5300,100
Total Fee $944,404 Total Original Fee $9440,400
r
r
EXHIBIT"B"
Release and Waiver of Lisbi�litY.
follows
RELEASE AND WAIVER of LIABILITY
DA'L'E: Apggg 8.2011
TO: Event Facilities Fort North, Inc. C"owner"], owner's Representative, owner's Lenders
(if any), Southwestern Exposition and Livestock Show, The City of Fort Worth, Texas,
their 've related entities, partners, members, shareholders, directors, trustees,
officers, agents, employees, successors, assigns and licensees, and all other parties
claiming by or through any of the foregoing[collectively,the"Released Parties'l
In consideration of owner granting me permission to enter owner's property located in Fort
North, Texas (the "Site), upon which owner intends to construct the Harley Avenue
Drainage and Pavement hnpravemennts (the "Prvj ect'), and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, I agree to the
following statements and conditions:
(a) I understand and agree that the Site is the location of a construction project
and thus poses potential risks, including,without limitation, risks to my health,safety,
and wells being, that do not e3dst in the ordinary property or workplace. I therefore
assume any and all risks associated, arising from, or involved with,my activities on or
around the Site,including any risk of personal or bodily injury to me or any risk of loss
or damage to my personal property,aad,on behalf of both myself and my heirs,I waive
and relinquish, covenant not to sue, and fully release and forever discharge the
Released Parties from any and all claims that I may have agaivast the Released Parties,
which may arise as a result of or in connection with any of my activities on or around
the Site ("Personal Claims"), even if such Personal maims may be caused by or
attributed to,in whole or in part,the negligence of any Released Party.
(b) It is understood and agreed that this Release and Waiver of Liability will be
subject to the application of the laws of the State of Texas. It is agreed with respect to any
legal limitations now or hereafter in effect and affecting the validity or enforceability of the
assumption of risk or waiver of liability set out above,that such legal limitations are made a
part of the assumption of risk or waiver of liability and shall operate to amend the assumption
of risk or waiver of liability to the minimum extent necessary to bring the provision into
conformity with the requirements of such limitations,and so modified,the assumption of risk
or waiver of liability shall continue in full force and effect.
(c) I understand that this document has important legal consequences and I
represent that I can either read the English language or that I have had this document
read to me by someone who does, and I fully understand the meaning and accept the
consequen n of the provisions of this document_
r
Signature:
Printed or Typed Name: John F Dewar P.E. S.E.
Signed in P :
Sn �ence of
PATR,IC(A L A LLZ
E3 ff"C"
Hourly Rates for Additi nsl Services.
[follows]
EFF W Coro"Apmocal Freese A Nip Jmk t l.dae 2
r
EXHIBIT C
COMPENSATION
Cwnpensaflon to Freese and Nkhols shad be bme a on the following Schedule of Charges:
AgMW k of Char:
egamm MR MW Pantlon mb mu
PRINICIPAL 1 76.84 416.52 3D VISUALIZATION COORDINATOR 137.03 177.33
GROUP MANAGER 17820 300.55 ENVIRONMENTAL SCIENTIST VII 171.33 234.51
ENGINEER VIII 217.99 276.81 ENVIRONMENNTAL SCIENTIST V1 146.06 189.05
ENGINEER VII 189.87 245.72 ENVIRONMENTAL SCIENTIST V 130.17 16846
ENGINEER VI 168.34 233.83 ENVIRONMENTAL SCIENTIST IV 105.30 15721
ENGINEER V 136.38 195.73 ENVIRONMENTAL SCIENTIST III 94.80 12920
ENGINEER IV 119.58 170.97 ENVIRONMENTAL SCIENTIST II 68.30 88.00
ENGINEER III 10031 153.73 ENVIRONMENTAL SCIENTIST 1 59.03 $0.82
ENGINEER II 91.34 122.51 ARCHITECT VI 141.49 189.76
ENGINEER 1 86.81 118.28 ARCH ITECT V 125.72 182.70
ELECTRICAL ENGINEER VI 173.81 214.70 ARCHITECT IV 109.95 138.65
ELECTRICAL ENGINEER V 137.03 17294 ARCHITECT III 107.28 138.84
ELECTRICAL ENGINEER IV 119.46 154.80 ARCHITECT 11 84.67 109.57
ELECTRICAL ENGINEER 111 10520 136.14 ARCHITECT 1 71.36 90.35
ELECTRICAL ENGINEER 11 10220 13228 LANDSCAPE ARCHITECT V 123.10 159.31
ELECTRICAL ENGINEER 1 91.15 117.96 LANDSCAPE ARCHITECT INTERN 11 78.67 101.81
MECHANICAL ENGINEER V1 165.64 214.35 LANDSCAPE ARCHITECT INTERN 1 76.38 96.84
MECHANICAL ENGINEER V 147.86 191.35 PLANNER V1 154.98 220.15
MECHANICAL ENGINEER IV 130.08 168.21 PLANNER V 128.04 165.70
MECHANICAL ENGINEER 111 103.32 133.70 PLANNER IV 101-10 130.84
MECHANICAL ENGINEER 11 9+4.08 121.75 PLANNER III 84.30 106.33
MECHANICAL ENGINEER 1 86.78 112.31 PLANNER 11 74.48 96.39
PROGRAM MANAGER 11 171.25 221.09 PLANNER 1 71.05 91.95
PROGRAM MANAGER 1 119.60 157.29 HYDROLOGIST VI 146.18 189.17
CONSTRUCTION CONTRACT ADMIN III 117.W 193.31 HYDROLOGIST V 126.41 163.59
CONSTRUCTION CONTRACT ADMIN H 100.87 163.80 HYDROLOGIST IV 10$.64 138.39
CONSTRUCTION CONTRACT ADMIN 1 73.55 120.05 HYDROLOGIST 111 9229 119.43
CONSTRUCTION DOCUMENT COORDINATOI 83.69 1 08.31 HYDROLOGIST n 83.06 107.49
DOCUMENT CONTROL CLERIC 60.12 105.87 SENIOR GEOLOGIST 111.57 144.38
SR DESIGNER 154.41 191.15 GEOTECHNICAL ENGINEER VI 181.00 234.23
DESIGNER H 124.53 165.56 RIGHT OF WAY AGENT 88.05 111.36
DESIGNER 1 109.12 141.21 PUBLIC INVOLVEMENT COORDINATOR 79.71 123.19
SR C.ADD DESIGNER 121.91 157.77 WORD PROCESSINGJSECRETARIAL 52.92 86.52
CADD DESIGNER 117.35 162.92 OPERATIONS ANALYST 112.00 155.06
TECHNICIAN IV 91.86 123.61 CONTRACT ADMINISTRATOR 68.93 88.68
TECHNICIAN 111 76.61 110.34 PROJECT CONTROL SPECIALIST 65.64 84.94
TECHNICIAN 11 61.92 93.29 INFORMATION SERVICES SUPERVISOR 67.60 87.48
TECHNICIAN 1 58.54 73.12 INFORMATION SERVICES CLERK 111 49.75 64.39
GIS ANALYST V 107.39 137.33 INFORMATION SERVICES CLERIC 11 38.55 49.90
GIS ANALYST IV 103.00 138.08 INFORMATION SERVICES CLERIC 1 38.52 44.34
GIS ANALYST 111 79.35 110.07 CO-OP 39.64 89.96
GIS ANALYST 11 64.08 81.69
GIS ANALYST 1 52.02 57.32
The ranges and htdhrk ud salmias vAN be adjusted mmu@Ny.
R&US FOR INIHOUSE SFR11lCES
/[��Yoerrpu�r calc Ploy W Print
T ��M� � �rrrar -
PC CAD Stations $10.00 per hr. Bond $2.50 per pk* Color Copies 8 Pnntlng $0.50 per single side copy
Ottm $5.00 per plot $1.00 per doaible side copy
Color $5.75 per plot
Black a White copies a Printing $0.10 per single side copy
T $4.20 per doLdit We copy
Denny Malmi $700.00 per month
Gas Detection $20.00 per best Binding $5.75 per book
OTHER DIRECT .
Other fired etas aro st actual oast tknas a multlpliar af t.15. They WK*xSe outside printing WWII expmw. exper"m
travel,bumpix talial and sub WIN 1 P 1 away from tha FNI oAlae and ottrar rnisaeftnecus aoapsstses dirrieft rsle to the work."eluding mom of laboratory
analysis,lest and other work required lobe done by irtdepoidar t persons other than staff nrarrbers.For Resident R smiaes performed by non-FNI
and CAD services pw*xT red$}house by non-FNI enViayees where FNI proms workspace and eq by p"km m such services,11-ese services
wri/be NW at oast times a rnuilipiier of 2.0.This markup approx mates the oust b FNI if an FNI err0ame was performing the same or similar services.
FNI
ao:06-1-11 35 CWNER
Rev.U6/1 0
1111FREESE CONTRACT CHANGE AUTHORIZATION FORMA
1MICHO Amend#,
client: Events Facilitles Fort Worth FNI Project No.: EFF11221 7
201 Main Sues Suite 200 Mot Conbiict Ref.: 7
Fort Worth,Texas 76102
Attn: Mntdww Carter Date: August S,2011
Project Description: Harley Avenue Phase 2
Descriptlon of Services
Scope of services as outlined in Attachment Al
CamWsation shall be adjusted as follows:
Revised fee breakdown included as Attachment B
Original Contract $9440400
Anwmded Amount $185,0
Revised Total Contract $1,129,400
Schedule shall be adjusted as follows:
Revised schedule to be submitted by Consultant that meets the Owner's requirements for start of
construction.
The above described services shall upon return of this Contract Change A
will be billed as they are done*All other provision, terms,and conditions of the ag venmrat for services
which are not expressly wmwded shall remain in full force and effect
❑ A contract modification will be submitted.
® This Contract Change Authorization will serve as contract modification.
FREESE AND NICHOLS,INC.: CLIENT:
BY: BY:
/1 1
Print or Type Name Print or Type Name
TITLE.
u TITLE: fre,;-dq?y� E G
DATE: 1 DATE: ' Aga"r -
4M WEMMTKNAL PLAZA,SUITE 200 1 FORT WORTH.TEXAS 761 OW4M i TELEP"O?A:r7-735-73aa 1 METRO:$17-429-190 1 FAX:817-736-7491
L:
w
ATTACHMENT Al•-SCOPE OF SERVICES
AMENDMENT#1
This amendment to the Harley Avenue Phase 2 engineering agreement includes the following scope
items:
1. Final Platting-Final platting services for the Harley Phase 2 Right of Way as directed by the City
of Fort Worth. Preliminary Platting services will be performed in place of the Right of Way
Dedication task contemplated in the original agreement as follows:
Dunaway will prepare a preliminary plat in accordance with City of Fort Worth
requirements. Dunaway will prepare the application forms and submit them to the City.
All administrative fees required by review authorities will be paid by the Client and are
not included in Dunaway's proposed fee. Dunaway will prepare the required
preliminary water,sanitary sewer.paving and drainage drawings as required by the City.
Dunaway will represent the Client at the Planning Commission and City Council
meetings where the preliminary plat will be considered for approval.
2. W Drainage Design--Final design of approximately 1400 LF of 7x6 box culverts to drain Harley
roadway and realign existing 54"drainage line around Japanese Gardens and McWane retaining
wall per direction from the City of Fort Worth.
3. Trinity Park Drainage Design--Final design of approximately 750 LF of redi-rack lined channel as
identified in the Trinity Park Drainage Study. It is assumed that environmental permitting will
NOT be required based on current construction schedule. If construction schedule changes and
permitting is required,this can be performed as an additional service.
4. Design Survey-Additional design survey as required for Se and Trinity Park Drainage design to
be performed by Dunaway.
5. Subsurface Utility Engineering(SUE)•-SUE required in support of 54"Drainage Design.
5. Construction Staking—Field staking to be performed during construction by Dunaway for 54!'
Drainage and Trinity Park Drainage
7. Easement preparation—preparation of drainage easements as required. A maximum of three
(3)drainage easements will be prepared.
8. Utility Design(Add Alternate)•-Meetings and coordination with City of Fort Worth Water
Department.
Additional services as identified in original contract are still In effect unless specifically added above.
1
Attachment B
Harley Phase 2 Fee Summary
revised 8/8/2011
Dunaway ScWe
Project Management and Design Meetings Basic $25,000
Civil Construction Plans-Roadway/Grading Basic $182,500
Landscape Plans and Specifications Basic $52,000
Irrigations Plans and Specifications Basic $18,000
Archeological/Historic Survey(ETI) Special $9,500
TDLR Submittal(Texabil"ity) Basic $2,000
CFA Documentation and Coordination Special $15,000
Preliminary Platting Basic $17,500
Construction Staking Basic $27,000
Bid Phase Services Basic $7,500
Construction Phase Services Special $35,000
Field Survey Basic $20,800
Expenses Special $2,500
Dunaway Total $414,300
Freese a"Nkbols Saape
Project Management and Design Meetings Basic $38,100
Trinity Park Drainage Study Special $44,000
El Campo 54"Coordination Special $9,500
Traffic Impact Analysis Special $17,100
Subsurface Utility Engineering(GAQ Special $25,400
Geotechnical Investigations(HV1) Special $23,500
Enhanced PM Services(Projects Group) Basic $75,000
Drainage Design Basic $151,000
Utilities Relocation Design Basic $29,800
Traffic Signal Design Basic $15,800
Bid Phase Services Basic $18,500
Construction Phase Services Special $19,000
Construction Contract Administration Special $40,300
Final Printing(Jons&Sons) Special $7,500
Expenses Special $14,500
FNI Total $530.100
Total Basic $581,600 Dunaway $414,300
Total Special $252,800 FNI $530,100
Total Fee $944,400 Total Original Fee $944,400
Amendment*1
Dunaway Final Platting Basic $2,500
FNI 54"Drainage Design Basic $55,Q00
FNI Trinity Park Drainage Design Basic $77,000
Dunaway Design Survey(Trinity Park and 54") Basic $13,500
FNI Subsurface Utility Engineering(GAQ Basic $7,500
Dunaway Additional Construction Staking Basic $13,000
Dunaway Easement Documents Basic $9,000
FNI Utility Design Special $5,000
FNI Expenses Special $2,500
FNI Amendment $147,000
Dunaway Amendment $38,000
Amendment Total $185,000
Original Fee $944,400
Amendment#1 $185,000
Total Fee $1,129,400
M&C Review Page I of 2
Official site of the City of Fort Wortri,Texas
CITY COUNCIL AGENDA FoRT WORTH
COUNCIL ACTION: Approved on 7/26/2011 -ordinance Nos. 19806-07-2011, 19807-07-2011,
19808-07-2011 & '19809-07-20'11
DATE: 7/26/2011 REFERENCE NO.: C-25071 LOG NAME: 06HARLEY DESIGN
PHASE 2
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Adopt Supplemental Appropriation ordinance increasing Appropriations in the
Stormwater Utility Fund in the Amount of$567,800.00 and Decreasing the Unaudited,
Unreserved, Undesignated Stormwater Utility Fund Balance by the Same Amount,
Authorize Execution of Design Procurement Agreement with Event Facilities Fort Worth,
inc., in the Amount of$937,600.00 for Street and Stormwater Design Services
Associated with Phase 2 of the Harley Avenue Reconstruction Project and Adopt
Appropriation ordinances (COUNCIL DISTRICT 7)
RECOMMENDATION:
it is recommended that the City Council
1. Adopt the attached appropriation ordinance increasing appropriations in the Stormwater Utility Fund in
the amount of$567,800.00 and decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the
same amount;
2. Authorize the transfer of$567,800.00 from the Stormwater Utility Fund to the Stormwater Capital
Projects Fund;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Stormwater Capital Projects Fund by$567,800.00 from available funds;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Capital Projects Reserve Fund by$69,800.00 from available funds;
5. Authorize the transfer of$69,800.00 from the Capital Projects Reserve Fund to the Street Improvements
Fund;
6. Adopt the attached appropriation ordinance increasing the estimated appropriations in the Street
improvements Fund by $69,800.00 from available funds; and
7. Authorize execution of a design procurement Agreement with Event Facilities Fort Worth, inc. in the
amount of$937,600.00 for engineering design services for Harley Phase 2 adjacent to the Will Rogers
Memorial Center.
DISCUSSION:
The Harley Avenue Re-alignment Project was approved as part of the 2004 Capital Improvement Program.
Since that time, staff has been working with Event Facilities Fort Worth, inc., (EFFW) to advance this
project that supports and enhances the operations of both the Will Rogers Memorial Center and the Fort
Worth Exposition and Stock Show. The most recent activities include the following City Council actions:
M&C C-24298 (6-22-201
This action provided for the construction of water, sewer, paving and drainage improvements in Harley
Avenue from University Drive to Rip Johnson (Harley Phase 1). These improvements supported the
construction of the Multi-Purpose Equestrian Center currently under construction
M&C G-17104 (11-09-2010)
This action approved revisions to the City's Master Thoroughfare Plan for Harley Avenue between Rip
http://apps.cfwnet.org/council packetlmc review.asp?ID=15664&councildate=712612611 09/01/70 11
R M&C Review Page 2 of 2
Johnson and Montgomery Street. This alignment supports the proposed private parking facilities proposed
by EFFW and provides appropriate access for a future arena site.
M&C C-24801 (03-22-201-1}
This action approved the execution of a $4.5 million reimbursement agreement with Tarrant County for the
County's support of the design and construction of Harley Phase 2.
In order to advance the Harley Phase 2 project into construction immediately following the 2012 Stock
Show, Event Facilities has offered to advance the design and construction as a developer project. Event
Facilities has negotiated with Freese & Nichols, Inc., and Dunaway Associates, Inc., to provide construction
plans for the project. Staff has reviewed the proposed fee and finds it fair and reasonable for the services
provided. Staff recommends that the City Council authorize the execution of a design procurement
agreement upon delivery of the final approved construction plans. The roadway design elements will be
funded with $300,000.00 from available bond proceeds from the 2004 CIP and $69,800.00 from
undesignated gas well revenues. The storm drain design elements will be funded from available operating
funds from the Stormwater Utility.
Staff anticipates returning to the City Council for authorization to execute an Infrastructure Construction
Agreement with EFFW for Harley Phase 2 after public bids are received in October, 2011. This schedule
will allow the project to proceed to construction as anticipated in February of 2012.
FISCAL INFORMATIONXERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets,
as appropriated, of the Storm Water Capital Projects Fund and the Street Improvement Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1 PE69 538040 0209000 $567,800.00 2 PE69 538040 0209000 $567,800.00
2&3) P228 472069 .207230014330 $567,800.00 5) GC1.0 538070 006060001000 S59i800.00
4)GC10 446.130 006060001000 $69,800.00 7) P228 539120 297230014330 $567,800.00
4)GC 10 538070 006060001000 $59,800.00 7 C200 539120 207230014330 $369,800.00
5&6 C200 472010 207230014330 $69,800.00
3) P228 539120 207230014330 $567,800.00
6) C200 539120 207230014330 S69i800.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Bryan Beck (7909)
ATTACHMENTS
06HARLEY DESIGN PHASE 2 A01 SW Util Fund.doc
06HARLEY DESIGN PHASE 2 Rec3.doc
06HARLEY DESIGN PHASE 2 Rec4.doc
o6HARLEY DESIGN PHASE 2 Rec6.doc
http://apps.cfwnet.org/council—Packet/mc_review.asp?ID=15664&counciIdate=7126/2411 49/41/2411