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Contract 45582 (2)
CITY secEraRr CONTRACT No. =am CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City %a Fort Worth, a Texas home -rule municipality (the "CITY"), and HDR Engineering, Inc., authorized to do business in Texas, the "ENGINEER"), for a PROJECT generally described as: Marine Creek Parallel Sewer Interceptor. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be $502,532.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment WOW rn (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this �; AGREEMENT, to reasonably substantiate the invoices. � (2) The ENGINEER will issue monthly invoices for all work performed under this �; AGREEMENT. Invoices are due and payable within 30 days of receipt. c� (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receip 16TTree UFFICIAL RECORD City of Fort Worth, Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services+ �sr+XRv PMO Official Release Date: 08/09/2012 WORTH, 9 Page 1 of 16 (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. The standard of care applicable to the ENGINEER's services will be the degree of skill and gence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09l2012 Page 2 of 16 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 3 of 16 discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 06/09/2012 Page 4 of 16 affect the amount that should be paid. li. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that are incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 5 of 16 together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officersI directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: O8/09/2012 Page 6 of 16 ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability —the ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: O8/09/2012 Page 7 of 16 requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER'S insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 8 of 16 required by the ENGINEER to equivalent insurance coverage as sub consultants/subcontractors ENGINEER shall provide CITY certificate of insurance. L. Independent Consultant maintain the same or reasonably required for the ENGINEER. When maintain insurance coverage, with documentation thereof on a The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of at qualified subcontractor to manage the remediation activities of the PROJECT. ®. Permitting Authorities -Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 9 of 16 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawingsI speccations, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: O8l09l2012 Page 10 of 16 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article N.E. regarding the ENGINEER'S Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 11 of 16 or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER'0 cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 12 of 16 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents it designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER' performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 13 of 16 termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 1. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 14 of 16 J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A -Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 15 of 16 1 effective this the day of 20 Executed and ct y ml/ BY: BY: CITY OF FORT WORTH ENGINEER n HDR Engine 1 Fern�fdo Costa ' Assistant City Manager /A //.A. Date: APPROV� RECOMMENDED;: ;11 �M✓r 1 By. S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: Douglas W. Black Assistant City Attorney ATTEST: I�lary J. Kaye City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 08/09/2012 Page 16 of 16 Ramon F. I�liguez, P.E. Vice President c� Date: M&C No.: C-26731 M&C Date: March 25, 2014 0 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 ATTACHMENTA Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS M-365 STA 72+22 to STA 83+00 and M-365 STA 83+00 to STA 82+27 CITY PROJECT NO.: 02223 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Any work task(s) not clearly defined or specified in this Attachment A shall be considered Additional or Special Services and the ENGINEER shall be compensated for such services through an Amendment to this Agreement. Location 1 Main/Lateral Upstream Station Downstream Station Length Existing Pipe Size Proposed Pipe Size M-365 72+00 83+00 1,078 18 36 M-365 83+00 182+27 91927 15 36 This project location includes paralleling these two segments with parallel interceptor 36- inches in diameter. The new interceptor may be re -aligned to stay in public ri ht-of-wa . The Total Identified Design Footage above is 11,005 If of wastewater pipeline. In the event that the alignment is revised to construct the interceptor in the public right-of-way, the Total Identified Design Footage will increase to approximately 13,400 If. WORK TO BE PERFORMED Unless noted otherwise, the following major deliverables under the Tasks outlined below will be provided for the two project locations: 1. Review the Integrated Condition Assessment Program (ICAP) data. 2. Evaluate flow projections and hydraulic modeling completed by City staff and verify correct sizing of parallel interceptor. 3. Submit a conceptual design report with a review and summary of the design capacity and sizing, recommendations for the alignment, construction phasing, construction methods, junction boxes, flow control structures related to the new interceptor, and opinion of probable costs. 4. Prepare construction plans and specifications. Prepare plan and profile sheets. 5. Prepare easements and permit documents. 6. Provide bidding assistance. 7. Review shop drawings. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 Task 3, Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in perFormance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend apre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit baseline Project Schedule as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. Depending upon the alignment selected, the City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 2 of 20 ATTACHMENT DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 only anticipated permitting coordination issues will be with TAU and the USACOE. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • A maximum of 12 MWBE reports will be prepared • A maximum of 3 meetings with city staff • A maximum of 2 meetings each with TXU and USACOE DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Baseline design schedule D. Monthly M/WBE Report Form and Final Summary Payment Report Form E. Plan Submittal Checklists (See Task 9) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection and ICAP Data Review • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. City of Fort Worth, Texas AttachmentA PMO Release Date: 07.23.2012 Page 3 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • The data collection efforts will also include conducting special coordination meetings with the District, US Army Corps of Engineers, affected property owners and businesses as necessary to develop sewer re-routing plans. 2.2A Flow Data Review • ENGINEER will evaluate the new Fort Worth Wastewater Master Plan model and flow projections for the Marine Creek Drainage Basin system and verify the recommended sewer main sizing by the City. The City will provide the model and flow data to the ENGINEER for analysis. 2.2B Odor Control and Corrosion Protection • ENGINEER will evaluate current levels of risk for corrosion and odor in the system and recommend design and control measures to be integrated into the proposed rehabilitation or replacement of sewer mains. 2.3 Subsurface Utility Engineering (SUE) • Perform the QL"D" to assist in determining which alignment will be utilized. Provide an electronic map depicting the existing utilities utilizing as -built plans and site visits. Following route selection, ENGINEER will send electronic versions of drawings to City for distribution to the utility companies for verification of utilities indicated on Drawings. • ENGINEER proposes to perform the QL SUE on a unit rate basis per test hole by depth range. For budgeting purposes, a total of seven (7) test holes totaling a depth of 64 If have been assumed. Any additional potholes, in excess of the seven (7) identified will be recommended on an "as -needed" basis and authorization will be requested. 2.4. Geotechnicallnvestigations • ENGINEER advises the CITY that up to fifteen (15) "land" test borings and other subsurface investigations are needed. If the CITY determines that such borings or investigations are needed, then the City will direct its geotechnical consultant to perform the number of test bores authorized by this agreement under the City's annual geotechnical contract. The City's geotechnical firm shall provide a detailed geotechnical report, including soil test results and graphs to the Engineer. The soils report shall also provide a summary of the structural load bearing capabilities of the existing soil and make recommendations regarding excavation and trench safety; embedment and backfill; and dewatering, if applicable. The Engineer agrees to work with the CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.5. Environmental Assessment • HDR will conduct of field survey to determine if there are any environmentally sensitive areas, identify them, and provide recommendations for avoidance and/or mitigation. 2.6 The Conceptual Design Package shall include the following: City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • Cover Sheet • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. • Documentation of key design decisions. • Estimates of probable construction cost. 2.7 Data Collection and Design Data Summary Memorandum for Phase II Optimization The City will provide the HDR team with the following information: a. The InfoWorks model (transportable database) b. City of Fort Worth master plan unit cost rates for gravity sewers, force mains and rising mains c. Relevant unit cost rates for trenchless construction d. Cost rates for recent cast -in -place rectangular box sections e. Gravity sewer relining cost rates f. Effective discount rate for present worth calculations g. Relevant O&M costs h. Figure showing implementation schedule for proposed master plan improvements Engineer will develop the Design Data Summary (DDS) Report based on information provided by the City and collected during project meetings. The DDS will capture the project scope, data on allowable improvement choices, unit costs, hydraulic performance and design criteria, and the optimization methodology. This information will then be used by Engineer to formulate the optimization model. 2.8 Optimization Staging Analysis a. The Optimized Solution developed in Phase I is based on the 2030 design conditions. Once the Phase 1 solution is updated based on the revised unit cost rates provided by the City, the Phase II analysis will determine the required implementation schedule for 2015 design conditions and for the 2020 design conditions (based on the population growth and design flow assumed in the existing lnfoWorks model). The Phase II Optimization Staging Analysis will account for the present worth of capital projects based on the City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 5 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 required year of implementation. Consideration will be given to the possible staged construction of linear T/S facilities by evaluating the benefit of a double -barrel configuration that could allow the construction of the second barrel to be delayed. The staging analysis will be based on the City's unit cost rates provided and will include the following tasks: Update the optimization model to reflect intermediate year scenario loadings ii. Use the optimization formulation to determine the best sequencing of improvements that achieves the most hydraulic performance improvement for the least cost iii. Review options for implementing short-term improvements (such as sequenced double -barrel linear storage configurations) to delay necessary investment iv. Check that any modifications to infrastructure implementation remain valid under the 2030 scenario. b. The 2030 solution will be reviewed and updated based on the results of the staging analysis and based on the revised unit cost rates provided by the City. c. The staging analysis requires the InfoWorks hydraulic model to be converted to EPA SWMM format for the 2030 conditions and the 2015 and 2020 scenarios. Engineer has the required data to perform this conversion based on data collected in Phase I but will require access to the InfoWorks model to verify the model conversion accuracy and to obtain additional data as may be required. Engineer will lease the InfoWorks license for the duration of the project to enable optimization solutions to be remodeled and verified. ASSUMPTIONS • Fifteen (15) Geotechnical borings are expected for this project. • Two 2 copies of the conceptual design package (30% design) will be delivered.. Report shall be letter sized and comb- bound with a clear plastic cover. Drawings will be 11 x 17 size fold outs bound in the report • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. • A total of two (2) coordination meetings with each of the parties to include Corps of Engineers and TXU are included. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINECREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Proiect Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. • Overall Proiect easement layout sheets) with property owner information. • Overall project sanitary sewer layout sheets. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet two or more. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed sanitary sewer plan/profile and recommended pipe size, manholes, junction boxes and/or flow control diversion structures, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • The ENGINEER shall make provisions for reconnecting identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate service lines which are connected to the existing main and connect said service lines to the relocated main. • The following shall be applicable at locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 7 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de - hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. It is anticipated that flow diversion structures with stop logs will be designed and constructed at the upstream and downstream connections so that flow can be diverted to the existing or new interceptors. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc, manhole construction. • The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may included connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. Design for two junction boxes with stub outs for future connections at the start and termination of the project are included. Exact configuration of the junction boxes will be determined during Preliminary Design. 3.2. Geotechnicallnvestigation • City's annual geotechnical consultant will conduct soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. ENGINEER recommends a minimum of fifteen (15) borings to a depth of at least 20' along the alignment. 3.3. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 8 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 CI I T s comments from the field visit and submit this information to the CITY in writing. 3.4. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for use by CITY staff in forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 3.6. Storm Water Pollution Prevention Plan • It is anticipate that this project will disturb greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan (SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory. 3.7 Sensitivity Analyses -Maximum Dewatering Time and Surcharge Criteria a. Dewatering refers to the time taken for a storage facility to empty after a storm event has passed. In lieu of using continuous simulation of long-term rainfall data, a maximum dewatering time criterion should be established to ensure that storage facilities can accommodate back-to-back storm events. Depending on local climates, the maximum dewatering time criterion adopted by water utilities typically ranges from 12 to 48 hours. b. Dewatering of linear T/S facilities in the Phase I Optimized Solution was based on a maximum time to dewater 90% of the volume within 24 hours after the storm event without surcharging the downstream sewer. In Phase II, a more detailed assessment will be performed for a range of dewatering City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 9 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 scenarios. Up to three dewatering time constraints will be evaluated (e.g. 90% dewatering within 12 hours, 24 hours and 48 hours). Phase II will determine the additional cost to dewater at faster and slower rates by considering additional downstream improvements required to prevent surcharge. c. An assessment of back-to-back storm events based on long-term continuous rainfall analysis is not included in this task because the required data to undertake such an assessment is not readily available. d. This task will also include an evaluation of the potential cost savings achieved when allowing minor surcharge of gravity sewers during storm events and during dewatering. This analysis will include an allowance for relining sewers surcharged by more than two feet (to ensure structural integrity of existing infrastructure is not compromised) and will ensure that at least eight feet of freeboard is maintained (to ensure maximum depth of flow does not come within eight feet of the surface elevation). 3.8 Remodel and Refine Solution in InfoWorks a. Engineer will remodel the 2030 solution in InfoWorks (for one design scenario) and make necessary refinements to the solution to ensure the required system performance objectives are achieved. b. Engineer will provide the City's hydraulic team with the necessary data for the City to remodel other Optimized Solutions (for one scenario) in the City's InfoWorks software. ASSUMPTIONS • Two sets of Construction Drawings and Specifications are included (one (1) for all sewer projects and one (1) for the water project). • Two 2 public meeting(s) will be conducted or attended during the preliminary design phase. • The Land borings (15 sites total) with a total bore depth of approximately 300 vertical feet each will have been provided b y the City during the Conceptual Design phase, prior to proceeding with the 60% design phase. • Traffic Control "Typicals" will be utilized to the extent possible. • Two 2 sets of 11 X 17 size plans will be delivered for the Constructability Review. • Two 2 sets of 11 X 17 size plans will be delivered for the Preliminary Design (60% design). • Two 2 sets of specifications will be delivered for the Preliminary Design (60% design). City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • Drawings for Utility Clearance will be submitted electronically. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings submitted electronically C. Traffic Control Plan D. Storm Water Pollution Prevention Plan E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1 Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 4.2 Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. 4.3 The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. 4.4 Phase II Optimization Memorandum and Final Workshop a. The Phase II Optimization Memorandum consists of the summarized project outcome for discussion with the City and other key members of the project team. The Phase II solutions are presented in the form of one -page system maps. Cost estimates for the solutions are provided, along with critical hydraulic data summarized in a tabular format. The Phase II Optimization Memorandum highlights the major features of the solutions that are recurring in the series of optimization runs. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 20 ATTACHMENTA DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 b. A Final Workshop will be conducted to review the project outcomes and gather comments on the Phase II Optimization Memorandum draft. Comments will be incorporated into the Final Optimization Memorandum. ASSUMPTIONS • Two 2 sets of 11 X 17 size drawings and One 1 sets of Full size drawings and Two L21 specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Two 2 sets of 11 X 17 size drawings and Two 2 specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • A total of fifty-five (55) sheets are estimated to be required for the project, Four front end sheets, 23 plan and profile sheets, 2 standard detail sheets, 2 special detail sheets, 12 Traffic Control Plan sheets, and 12 SWPPP sheets The City will provide the HDR team with the following information: • The InfoWorks model (transportable database) • City of Fort Worth master plan unit cost rates for gravity sewers, force mains and rising mains • Relevant unit cost rates for trenchless construction • Cost rates for recent cast -in -place rectangular box sections • Gravity sewer relining cost rates • Effective discount rate for present worth calculations • Relevant O&M costs • Figure showing implementation schedule for proposed master plan improvements DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and speccations. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. E. Final Phase II Optimization Technical Memorandum City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 12 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINECREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract documents shall be uploaded in a .pdf file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The AM will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 13 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Sinaular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. Sewer file name example - "X-35667_org36.pdf where "X-35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Up to Forty-five (45) sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Two 2 sets of FULL size and Ten 10 sets of 11 x 17 size drawings plans and Ten 10 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 14 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. The ENGINEER shall attend the "Final" project walk through. 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. 2) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 15 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 I. TPW file name example - "WFEE 1956_rec47MIFF` df" where "WFEE is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • No assistance with RFI's will required, CITY will be responsible for all responses. • No Change Orders) assistance will be required • Ten (10) Site visits are assumed • Twelve (12) Shop drawings are assumed for review. DELIVERABLES A. Public meeting exhibits B. Review of shop drawings C. Record Drawings on Mylar and digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. The only portion of the alignment that will require Right -of -Way and/or Right of Entry documents is the southerly portion (approximately 1,200 I.f.) of the alignment that is not in City Right -of -Way. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by Lite CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 16 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • Two 2 Easements or right-of-way documents will be necessary. • Two 2 Temporary right -of -entry documents will be necessary. • The entire alignment ,except for the southerly portion (approximately 1,200 LF) that is not in a public street, will not require easements or right of entry permits. • Right -of -Way research and mapping includes review of property/right-of-way records based on current Internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 17 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. Locate all trees (estimate 796 trees) required by City of Fort Worth Ordinance. The type, diameter, and canopy size of trees will also be obtained. Horizontally and vertically locate the perimeter of any wetlands designated by the Environmental Assessment team.. • The minimum survey information to be provided on the plans shall include the following: ➢ A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: ➢ The following information about each Control Point; ■ Identified (TBD) ■ X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. ■ Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). ➢ Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. ➢ No less than two horizontal bench marks, per line or location. ➢ Bearings given on all proposed centerlines, or baselines. ➢ Station equations relating utilities to paving, when appropriate. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 18 of 20 ATTACHMENT A DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 C. Results of Tree Survey TASK 9. Permitting Services 9.1. Engineer will conduct preliminary field and desktop EA services to assess and evaluate the environmental impacts. This task assumes the determination of NWP 3 permit feasibility ONLY and does not include securing any other nationwide, regional or individual USACOE permit, filing a PCN, or conducting a NEPA process. 9.2 Engineer shall develop and submit all TxDOT and Railroad permits if required. No TxDOT permits anticipated. Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control "A" Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90% Attachment Signal Water Water (Submit (Submit Engineering Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @ 60%) Required for all work in City ROW Street X X X X X` X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project ASSUMPTIONS Deliverables will conform to the table above. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in this existina Scope of Services —CITY and ENGINEER agrees that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Designs of inverted siphons are not included, if required, additional design fee will be required. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 19 of 20 ATTACHMENTA DESIGN SERVICES FOR MARINE CREEK INTERCEPTOR IMPROVEMENTS CITY PROJECT NO.: 02223 • Negotiation of easements or property acquisition including temporary right -of - entries. • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase other than those indicated. • Design phase public meetings other than those indicated. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) other than those indicated. • Services related to Subsurface Utility Engineering Levels A, B, C or D other than those indicated. • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right -of -entries, other than those indicated. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor, other than the quantity indicated. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 20 of 20 ATTACHMENT B COMPENSATION Design Services for Marine Creek Sewer Interceptor Improvements City Project No. 02223 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $5023532 as summarized in Exhibit 13-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment, II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit 13-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document, C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. I11. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City, City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount Prime Consultant HDR Engineering, Inc. Design Consultant $2713104 54% Proposed MBE/SBE Sub -Consultants James DeOtte Surveying, Cost Estimating, $128,030 26% Engineering, Inc. Traffic Control, SWPPP The Rios Group, Inc. SUE $17,150 3% Non-MBE/SBE Consultants Optimatics Phase II Optimization $86,248 17% TOTAL $502,532 100% Project Number � Name Total Fee MBE/SBE Fee MBE/SBE City Project Number XXXXXX — Marine $ 502,532 $ 145,180 29% Creek Interceptor Improvements City MBE/SBE Goal = 15% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 Consultant Committed Goal = 29 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. 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Article IV K 2b. Applicable General liability and Automobile Liability policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, and agents as respects the contracted services. Article IV K 2g. Any deductible or self insured retention in excess of $100,000 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. Article VI F In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify and hold harmless the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. 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DATE: Tuesday, March 25, 2014 LOG NAME: 60MCM365VAR-HDR REFERENCE NO.: **C-26731 SUBJECT: Authorize Execution of an Engineering Agreement with HDR Engineering, Inc., in the Amount of $502,532.00 for Marine Creek Drainage Basin Parallel Interceptor Improvements at Various Locations Within the Marine Creek Drainage Basin, Provide for Project Management, Real Property Acquisition and Utility Coordination Costs for a Project Total in the Amount of $512,532.00, and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $512,532.00 from the Water and Sewer Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $512,532.00 from available funds; and 3. Authorize the execution of a contract with HDR Engineering, Inc., in the amount of $502,532.00 for Marine Creek Drainage Basin Parallel Interceptor Improvements at various locations. DISCUSSION: This project consists of the preparation of plans and specifications for the installation of a parallel sewer main for Sanitary Sewer Main 365 within the Marine Creek Basin. HDR Engineering, Inc., proposes to perform the design work for a lump sum fee of $502,532.00. Staff considers this fee to be fair and reasonable for the scope of services proposed. M/WBE Office -HDR Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 24 percent SBE participation. The City's SBE goal on this project is 15 percent. In addition to the contract amount, $10,000.00 is required for project management, real property acquisition, and utility coordination. The project is located in COUNCIL DISTRICT 2, Mapsco 32Y,46C, 46D, 46H, 46M and 47J. j. �,--, _ �. _. � _ � The Financial Management Services Director certifies that upon approval of the above recommendations, Logname: 60MCM365VAR-HDR Pale 1 of 2 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. FUND CENTERS: TO Fund/AccountlCenters 1&2)P258 476045 7021702223ZZ 2)P258 511010 702170222330 2)P258 531200 702170222331 2)P258 531200 702170222332 2)P258 531200 702170222333 2)P258 531200 702170222351 2)P258 541100 702170222341 P258 531350 702170222342 258 531350 702170222373 CERTIFICATIONS: FROM Fund/Account/Centers $512,532.00 1) PE45 538040 0709020 7 000.00 3) P258 531200 702170222331 $120,361.00 3) P258 531200 702170222332 $240,722.00 3)P258 531200 702170222333 $40,119.00 3) P258 531200 702170222331 $101,330.00 1 000.00 1 000.00 1 000.00 Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Fernando Costa (6122) S. Frank Crumb (8207) Roberto C. Sauceda (2387) TTACHMENTS 1. 60MCM365VAR-HDR COMPLIANCE.pdf (CFW Internal) 2. 60MCM365VAR-HDR MAP.pdf (Public) 3. 60MCM365VAR-HDR.docx (Public) 4. FAR-00002 CIP#02223 P258.pdf (CFW Internal) 5. PE45-538040-0709020.docx (CFW Internal) $512,532.00 $120.361.00 $240,722.00 $40,119.00 $101,330.00 Logname : 60MCM3 65 VAR-HDR