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HomeMy WebLinkAboutContract 45460 (2)CONTRACT 6 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Dry Branch Creek Regional Detention Basin. Article Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of $421,741.00 as set forth in Attachment B. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 1 of 16 OFFICIAL RECONiD; LCITY SECRETARY Ft WORTII TX (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. B Standard of Care The standard of care applicable to the ENGINEER s services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed 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: 1/28/2013 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 3 of 16 (3) ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. When professional certification of performance or characteristics of materials systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation in accordance with Attachment A. (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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 4 of 16 matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 5 of 16 (3) facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify premises/operations products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability arising out of "any auto', including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 6 of 16 acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000 00 each employee for bodily injury by disease, with $500,000.00 policy limit. i ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy with a minimum of $1,000,000.00 per claim and aggregate The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 7 of 16 d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth 1000 Throckmorton, Fort Worth Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT I. The CITY shall be entitled upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 8 of 16 m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required at its own cost and expense. However, if design changes are required due to the 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 9 of 16 amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 10 of 16 D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 11 of 16 no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER " (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement (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's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 12 of 16 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B Reuse of Project Documents All designs, drawings, specifications documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk The CITY shall own the final designs, drawings, specifications and documents. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' 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; City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 13 of 16 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; ) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 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 u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty tort including n egligence, stnct or statutory liability, or any other cause of action except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees agents, and subcontractors. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 14 of 16 I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein Articles V F., VI B VI.D., 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 wntten 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: 1/28/2013 Page 15 of 16 Executed and effective this the ?j7 day of March, 2014. BY: CITY OF FORT WORTH >7./4/044.0‘t Fernando Costa Assistant City Manager Date: APPROVAL RECOMMENDED Cff • By: Le Douglas . Wiersig, P.E. Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY By: l Grant Jorda > s. Assistant City Attorney ATTEST: ct\ May J. Kayser \-City Secretary ALL City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 BY: ENGINEER Baird, Hampton & Brown, Inc. Konstarrtine Bakin�P.E. Principal Date: r3/4\1'1� M&C No.: M&C Date: ATTACHMENT "A" Scope for Engineerina Design Related Services for Storm Water Improvements Proiects DRY BRANCH CREEK REGIONAL DETENTION BASIN City Project 00485, DOE No. 5425, BHB 12.708.00 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, 'ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVE This project provides for the design and preparation of construction documents for a regional storm water detention basin, in order to reduce the routine flooding that occurs in the mostly residential neighborhoods immediately south of the proposed basin. The detention basin is located upstream of Hollis Street, and extends northwesterly, along Dry Branch Creek, through and just beyond Blandin Avenue. The contract documents will provide for phased construction; initially, an interim basin will be constructed within the currently available drainage right-of-way; as additional parcels become available, and are purchased, the detention basin may be enlarged. Task 1. Task 2. Task 3. Task 4 Task 5. Task 6. Task 7. Task 8. Task 9 Task 10. WORK TO BE PERFORMED Design Management Conceptual Design Preliminary Design Final Design Bid Phase Services Construction Phase Services ROW/Easement Services Survey Services Permitting Plan Submittal Checklists TASK 1. PROJECT/DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 19 • 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 a pre design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct and document [monthly] project update meetings with CITY Project Manager. Conduct review meetings with the CITY at the end of each design phase. Conduct and document biweekly design team meetings. • • • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth s Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs and make changes necessary to meet their requirements, as part of the design scope. • 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 • Prepare and submit a total of nine (9) monthly progress reports • Attend three (3) submittal review meetings • Prepare for and submit a total of ten (10) m/wbe reports DELIVERABLES A. Meeting summaries with action items City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 19 B. Monthly invoices (approximately 10) C. Monthly progress reports (approximately 9) D. Baseline design schedule (approximately 9 months) E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes (approximately 9) F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection • In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. 2.2. Drainage Computations • ENGINEER will delineate the watershed based on contour data, and develop an overall drainage basin and sub -basin map. Watershed to extend from Dry Branch Creek headwaters to Belknap Street. A drainage area map will be drawn at maximum 1" = 200' scale from available 2-foot contour data with the contours labeled. All calculations shall conform to CITY criteria delineated in the current CITY iSWM Criteria Manual for Site Development and Construction. • Utilize previous studies and update/develop a hydrologic model utilizing HEC- HMS, and quantify the runoff rates for various frequency storms. • Utilize previous studies and update/ develop a hydraulic model of Dry Branch Creek from Belknap Street, upstream to the intersection of N. Sylvania Avenue and Chesser Boyer Road. The focus of the hydrologic and hydraulic models is the proposed regional detention basin at Dry Branch Creek, between Hollis and Blandin Streets. The City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 19 H&H modeling upstream and downstream of this location shall be imported from previous studies Execute both the hydrologic and hydraulic models iteratively to quantify the available storage volume of the proposed detention basin and the resulting runoff attenuation for various frequency storms. • Basin hydraulic performance will be reported for both the interim and final basin configurations. 2.3. Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level D,C,B& A], as described below The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County/CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built' or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for evidence or indication of additional available records; duplicate or conflicting information; need for clarification • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g , active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 19 • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits and/or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single -conduit lines, and outside edges of multi -conduit systems • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations. • Tie horizontal and vertical location of utility to survey control. • Provide utility size and configuration • Provide paving thickness and type, where applicable. • Provide general soil type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site. 2.4. The Conceptual Design Package shall include the following • Written summary of the hydrology, hydraulics and the proposed interim and final storm water basin designs. • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. • Consider recreational opportunities and possible aesthetic enhancements. • • Conceptual iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. Include documentation that the proposed storm water project will not impact upstream and downstream properties. SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. Proposed phasing of water, sanitary sewer streets, drainage and detention basin work documented in both the project schedule and narrative form. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 19 • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • The SUE and SUE plan sheets shall be in accordance with Cl/ASCE 38-02. • Ten copies of the conceptual design package will be delivered; one full size and eight half size (11" x 17"). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw • All submitted documents and checklists will also be uploaded to the designated project folder in Buzzsaw • ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package. a. Narrative and Concept Plan Draiwings i. Cover Sheets ii. Drainage Area Map iii. H&H Summary iv. Detention Basin Plan v. Interim Basin Plan vi. Basin Cross -Section vii. Outlet Structure B. Conceptual iSWM Checklist TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • Cover Sheet • Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the the current iSWM Criteria Manual for Site Development and Construction. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 19 • A Project Control Sheet, showing all Control Points used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X Y and Z Coordinates, in an identified coordinate system, and a referred bearing base Z coordinate on City Datum only; descriptive location (i.e set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • SUE plan drawings. • Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction • Plan and sections of proposed basin and outlet structure, storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No less than two bench marks per plan/profile sheet. • • • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. Channel/basin plan and profile drawings shall include existing channel centerline, existing left and right top of channel bank, proposed top of channel backs, and 100 year water surface profile. Preliminary channel/basin cross -sections will be developed, from the survey notes, at intervals not -to -exceed 100 feet along the project length and will extend 10 foot past the right of way line on both sides. . Profiles of centerline of driveways will also be provided where necessary. Scale will be 1" = 20 horizontal and 1" = 2' vertical. Excavation and embankment volumes and end area computations shall also be provided • Prepare and assist with a Floodplain Development Permit and a Grading Permit. • Consider recreational opportunities and aesthetic enhancements; and coordinate with Parks and Community Services. • Prepare preliminary plans for limited landscape and park amenities. 3.2. Geotechnical Investigation • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 19 alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. 3.3 Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4 Public Meeting • After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5 Utility Clearance • • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.6 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. 3.7 Documentation of key design decisions (Project Decision Log). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 8 of 19 ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 3 borings at an average bore depth of 20 feet each will be provided. • Traffic Control Typicals" will be utilized to the extent possible. it is assumed an additional one project specific traffic control sheets will be developed. • 3 copies of the geotechnical report will be delivered to the CITY. • Electronic sets plans will be delivered for Utility Clearance. • 2 full size sets plans will be delivered for Constructability Review. • 13 half size sets drawings will be delivered for Preliminary Design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. • All submitted documents and checklists will also be uploaded to the designated project folder in Buzzsaw. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Preliminary iSWM Checklist C. Grading Permit D. Floodplain Development Permit E. Erosion Control Plans F. Utility Clearance drawings G. Geotechnical Report H. Documentation of key design decisions (Project Decision Log) I. Estimates of probable construction cost J. Public Meeting exhibits K. Traffic Control Plans TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans and specifications included iSWM Construction Plan shall be submitted to CITY per the approved Project Schedule. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 9 of 19 • Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule Each plan sheet shall be stamped, dated and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 2 full size 11 half size sets drawings and 4 copies of the specifications will be delivered for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be u ploaded to the project folder in Buzzsaw. • 1 full size and 1 half size set of drawings and 1 specifications will be delivered for the 100% design. • A DWF file for the 100% Design will be created from design CAD drawings and will be u ploaded to the project folder in Buzzsaw. DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Final iSWM Checklist D. Documentation of key design decisions (Project Decision Log). E. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. F. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. • Contract bid proposal shall be uploaded in a .xls file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 10 of 19 • 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 dwf will consist of individual files one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders • • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw. • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings • Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6 0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) 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 filess and shall contain all associated sheets of the particular plan set Singular PDF and DWF files for City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 11 of 19 each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to u ploading. The naming convention to be used for the DWG files shall be as follows: TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. 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 u nless 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. • Bid set submittal shall consist of 3 half size sets of plans and 3 sets of the specifications • No printed sets will be provided for distribution to contractors, plan holders and/or given to plan viewing rooms. • 19 full size and 5 half size sets of plans (conformed, if applicable) will be delivered to the CITY. • 2 non -executed and 7 executed specifications and contract documents (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 12 of 19 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 • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the `Final" project walk through and assist with preparation of final punch list. • • 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 the Contractor o Red -Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 .Page 13 of 19 • 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. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set Smpular 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. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org' designating the file is of an original plan set, ' 47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36' shall be the total number of sheets in this file. Example: X-12755_orgl8.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in Buzzsaw. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 14 of 19 unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Nine site visits are assumed. • Six submittal reviews are assumed. • One RFI's are assumed. • One Change Orders are assumed. • Full size (22"x34") mylars and electronic (PDF and DWF) copies will be delivered to the CITY DELIVERABLES A. Public meeting exhibits B. Final Punch List items C. Record Drawings TASK 7. ROW/EASEMENT SERVICES ENGINEER will support and perform activities related to ROW and easements as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • The ENGINEER shall determine rights -of -way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2 Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 7.3 Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER shall prepare, mail and obtain Temporary Right of Entries from landowners. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 15 of 19 Right -of -Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations and street closures. DELIVERABLES A. Up to 2 easement exhibits and metes and bounds provided on CITY forms B. Up to 12 Temporary Right of Entry Letters TASK 8. SURVEY ENGINEER will provide survey support as follows. 8.1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, utilities as required by the SUE, structures, trees (greater than 6-inch measure caliper, identify overall canopy, and have qualified individual 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 • The minimum survey information to be provided on the plans shall include the following: A Project Control Sheet showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400 The following information about each Control Point, a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. TASK 9. PERMITTING. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 16 of 19 ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 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. 9.1. Fort Worth Permits • Fort Worth Urban Forestry Permit, Fort Worth Grading Permit, and Fort Worth iSWM Plan Permit • Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits • Completing all forms/applications necessary • Submitting forms/applications for CITY review • Submitting revised forms for agency review • Responding to agency comments and requests 9.2. Floodplain & Other Permits • • U SACOE Jurisdictional Determination and Nationwide 43 Preconstruction N otification, Fort Worth Floodplain Development Permit Negotiating and coordinating to obtain approval of the agency issuing the agreement and/or permits • • • • Completing all forms/applications necessary S ubmitting forms/applications for CITY review S ubmitting revised forms for agency review Responding to agency comments and requests 9.3. Texas Department of Licensing and Regulation (TDLR) • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authonties having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests ASSUMPTIONS City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 17 of 19 • Permit preparation will begin after approval of the Conceptual Design. • Prepare a City of Fort Worth Urban Forestry Plan • Prepare Draft Preliminary Jurisdictional Determination Report • Prepare Nationwide Permit 43 Preconstruction Notification (PCN) • 2 meetings are assumed with USCOE for the Nationwide Permit 43. • Floodplain Development Permit • Fort Worth Grading Permit DELIVERABLES A. Permit application for Fort Worth Urban Forestry Plan B. Application for Fort Worth iSWM Construction Plan C. Permit application for USCOE Nationwide Permit 43 PCN TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: Attachment "A" Type PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Signal (Submit All @ 30%) Storm Water 30% Street X X Storm Water X Wate / Sewer *If included in street project Storm Water 60% X X Street Lights (Submit All @ 30% X Water /Sewer (Submit All @ 60%) X X Traffic Engineering (Submit All @ 60%) X Traffic Control 30% Traffic Control 60% Traffic Control 90% Required for all work in City ROW X X X X X X X X X Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Construction observation and/or inspection City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 18 of 19 • • • • • • Performance of materials testing or specialty testing services. S ervices necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. S ervices related to warranty claims, enforcement and inspection after final completion. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 19 of 19 ATTACHMENT B COMPENSATION Design Services for DRY BRANCH CREEK REGIONAL DETENTION BASIN City Project 00485, DOE No. 5425 Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $421,741 as summarized in Exhibit B-1, Task & Man -Hour Effort, and Exhibit B-2, Engineer's Invoice, and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-2, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date. 8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm P rime Consultant Baird, Hampton & Brown Inc. P rimary Responsibility P rj. Mgmt., Engineering & Constr. Docs. P roposed SBE Sub -Consultants VRX Inc. Urban Forestry Permit VRX Inc. ANA Consultants ANA Consultants LML Engineering N on-SBE Consultants N/A U SCOE Nationwide Permit S urveying Services S ubsurface Utility Engineering Geotechnical Investigation Project Number & Name N/A Total Fee $421,741 TOTAL Fee Amount 346,031 7,250 15,360 34,850 13,850 4,400 82.05 1.72 3.64 8.26 3.29 1.04 $ 421,741 100% SBE Fee $75,710 SBE % 17.95% City MBE/SBE Goal = 18% Consultant Committed Goal = 18% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 2 of 3 B-2 Task No. Task Description 1.0 Project Management 1.1 Managing the Team 1.1.1 Internal Team Meetings 1.1.2 QA/QC 1.2 Communications and Reporting 1.2.1 Pre -Design Coordination Meeting 1.2.2: Monthl �9) Project Update Meetings 1.2.3) Designubmittal Review Meetings (3) 1.2.4 Prepare Baseline Schedule Prepare (9) Monthly Progress Reports with Schedule Prepare (10) Monthly MBE/SBE Reports Invoicing Conceptual Design (30-Percent) Data Collection Solicit lnformaiton on Existing Conditions Solicit Information on Planned Improvements 2.2 Drainage Computations Drainage Study: Update Regional Basin H&H Prepare/Update Hydrologic (HEC-HMS) Model Prepare/Update Hydraulic (HEC-RAS) Modell Ultimate Basin Hydraulics (Inflow, Storage & Outflow) 2.3 Subsurface Utility Engineering 2.4 Design Drawings Prepare Basin Layout Exhibits Identify Available Drainage Right -of -Way consider Viability of Interim Basin Ultimate & Iterim Basin Hydraulics Consider Recreational & Aesthetic Aspects Address Landscape & Amenities Prepare Opinion of Probable Cost Summarise Findigns in Conept Design Memor Review Conference w/SWM Review Conference w/PCS 2.5 Project Decision Log 2.6 Construction Estimate _MINIM__ 3.0 I itPrelimina�'�(Design (60 Percent) 3.1 Preliminary Design Drawings 1.2.5 1.2.6 1.2.7 2.0 2.1 Rate Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for DRY BRANCH CREEK (South) REGIONAL DETENTION BASIN City Project No. 00485, DOE No. 5425, BHB 12.708.00 Project Director $195 18 12 4 2 6 Project Mana er 50 75 16 16 2 18 6 4 6 3 4 Labor (hours) Project Engineer $135 68 EIT/PE $100 16 CADD $85 8 16 8 8 12 8' 4 8 2 12 6 8 61 2381 1581 281 Admin. Asst. $50 8 4 4 2 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 2 1 1 2 2 2 4 4 4 4 4 4 1 4 4 4 4 2 4 2 2 2 4 4 4 4 24 24 16 6 24 8 16 16 12 16 16 24 4 4 4 16 12 16 8 2 2 24 20 8 24 16 8 8 8 6 2 2 2 8 4 2' 9 109 430 324 174 2 12 Total Labor Cost $26,620 $8,580 $5,800 $0 1,230 2,700 $1,980 $870 $2,520 $1,260 $1,680 $60,730 $1 240 $840 $990 $5,040 $5,440 $3,560 $1, 780 Expense Subconsultant MWBE $0 Non-MWBE $0 Travel $300 Repro- duction $0 $75 $225 $7,940 $2,030 $5,160 $4,555 $3,215 $3,560, $3,260 $5,100 $1,040 $1,040 $1,040 $3,900 $13,850 1 $01 $1251 $220 $13,850 $25 $25 $25 $25 $25 $10 $10 $200 $123,9451 $4,400 $0 $200 $900 Total Expense Cost $300 $0 $0 $0 $0 $75 $0 $225 $0 $0 $14,195 $35 $10 $0 $0 $0 $0 $13,875 $0 $0 $0 $0 $25 $0 $0 $200 $25 $25 $0 $0 $5,500 Task Sub Total $26,920 $8,580 $5,800 $1,230 $2,700 $2,055 $870 $2,745 $1,260 $1,680 $74,925 $1,275 $850 $990 $5,040 $5,440 $3,560 $15,655 $7,940 $2,030 $5,160 $4,555 $3,240 $3,560 $3,260 $5,300 $1,065 $1,065 $1,040 $3,900 $129,445 1 of 4 Task No. Task Description Incorporate Review Comments Assemble Survey & SUE Data & Define Projec Consider Urban Forestry Criteria Project Director Rate' .0 JO Labor (hours) Project Project EIT/PE Admin. Total Mangy wr CADD Engineer Asst. Labor Cost ,mi$1j'1 :Liuui :otsa $50 21 16 16 12 16 24 10 1 16 4 Develop Ultimate Basin Plan Prepare Basin Layout Preliminary Basin Grading Preliminary Basin Outfall Structure ,Develop Interim Basin Plan Prepare Basin Layout Preliminary Basin Grading Preliminary Interim Outfall Structure Ultimate & Interim Basin Hydraulics (Inflow, St relim. Embankment Stabilization Details 9relim. Hydraulic Structures Details Prelim. Construction Details 9relim. Seeding/Planting & Permanent Erosion Control Me Prelim. Temp./Constr. Erosion Control Plans 9relim. Opinion of Probable Cost Prelim. Contract Documents & Technical Specifications Assemble Submittal Package & Submit Prelim $eview Conference w/SWM Review Conference w/PCS Landscape, Recreational & Aesthetic Ameneties Consider Recreational & Aesthetic Aspects 1 Coordinate w/PACS on Landscape & Ameniti Limited Landscape & Irrigation Limited Park & Other Amenities 3.2 Geotechnical investigation 3.3 Constructability Review Site Visit w/City Staff to Inspect Conditions Summarize Review Comments 3.4 Public Meeting Prepare Project Overview Summary & Exhibits ,Coordinate w/City for Notices & Mtg. Location Attend (Preliminary Plans) Public Meeting 3.5 Utility Clearance 3.6 traffic Control Plan 3.7 Project Decision Log 3.8 Construction Estimate i t Limits i 1 4 1 2 1 4 1 4 es 1 1 1 1 1 2 4 4 41 2 2 2 4 1 2 2 2 2 2 8 4 1 8 8 2 1 4 2 4 2 2 4 3 2 4 4.0 Final Design 4.1 Final Draft (90%) Construction Plans and Specifications Incorporate Review Comments ,develop Ultimate Basin Plan Basin Layout & Dimensional Plan Basin Grading & Drainage Plan Detention Basin Outfall Structure City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 7 49 20 24 16 16 16 16 16 24 16 8 8 8 8 24 16 3 3 16 8 40 24 4 4 4 16 30 8 12 16 8 16 16 8 8 8 6 8 16 6 10 12 6 4 10 6 12 12 8 8 6 12 8 32 24 24 20 4 4 4 2 2 4 4 8 4 6 4 2 16 8 4 4 2 2 2 2 $5,080 $5,560 $3,160 $5,450 $8,055 $4,265 $4,195 $5,405 $4,265. $4,555 $6,160 $4,280 $2,860 $3,160 $2,340 $2,180 $5,340 $3,355 $705 $705 $4,755 $2,480 $12,135 $8,640 $840 $1,140 $840 $1,880 $670 $570 1 $1,540 $2,44C $1,040 $3,90f Expense Subconsultant MWBE Non-MWBE $4,400 Travel $25 Repro- duction $25 $500 $25 $25 $25 $25 $25 $25 $300 $100 1 21 21 256 228 129 16 12 16 8 16 8 12 12 6 8 16 4 10 $77,540 $5,020 $3,110 $5,215 $2,515 $0 $500 Total Expense Cost $0 Task Sub Total $5,080 $0 $5,560 $25 $3,185 $0 $5,450 $0 $8,055 $0 $4,265 $0 $4,195 $0 $5,405 $0 $4,265 $0 $4,555 $0 $6,160 $0 $4,280 $0 $2,860 $0 $3,160 $0 $2,340 $0 $2,180 $0 $5,340 $525 $3,880 $25 $730 $25 $730 $0 $4,755 $25 $2,505 $0 $12,135 $0 $8,640 $4,425 $5,265 $25 $1,165 $0 $840 $ 1 0 0 $1, 980 $0 $670 $25 $595 $0 $1,540 $0 $2,440 $0 $0 $1,040 $3,900 1 $600 $0 $0 $78,140 $0 $5,020 $0 $0 $0 $3,110 $5,215 $2,515 2 of 4 Task No. Task Description Project Director Rates $195 develop Interim Basin Plan Prepare Basin Layout & Dimensional Plan Basin Grading & Drainage Plan Interim Detention Basin Outfall Structure Landscape, Recreational & Aesthetic Ameneties Coordinate w/PACS on Landscape & Amenities Landscape & Irrigation 1 Park & Other Amenities Ultimate & Iterim Basin Hydraulics (Inflow, Stoi 1 embankment Stabilization Details 1 j-lydraulic Structures Details 1 , onstruction Details Seeding/Planting & Permanent Erosion Control Measures Temp./Constr. Erosion Control Plans Project Man; er $150 1 2 2 "Opinion of Probable Cost Contract Documents & Technical Specifications Assemble Submittal Package & Submit Final Plans Review Conference w/SWM Review Conference w/PCS 4.2 Final (100%) Plans and Specifications 4.3 Project Decision Logs (90% and 100%) 4.4 Construction Estimates (90% and 100%) 5.0 'Bid Phase 5.1 Bid Support Sell Contract Documents and Maintain Plan 5.1.1 Holders List 5.1.2 Issue Addenda 5.1.3 Attend Pre -bid Conference 5.1.4 Attend Bid Opening 5.1.5 Tabulate Bids and Recommend Award 5.1.E Issue Conformed Contract Documents 5.2 Final Design Drawing Submittal 6.0 Construction Phase Services 6.1 Construction Support 6.1.1 Attend Preconstruction Conference 6.1.2: Attend Public Meeting 6.1.2_ Project Site Visits (9 Total) 6.1.4 Submittal Review Request for Information/Change Order Review 6.1.bFinal Walk Through and Punch List 6.2 Record Drawings Er- mime 7.0 ROW/Easement Services City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Labor (hours) Project EIT/PE Engineer $135 $100 CADD $85 8 6 4 16 20 8 16 16 8 2 2 2 Admin. Asst. $50 4 24 16 16 2 4 8 16 1 2 2 16 8 2 8 8 8 2 8 8 8 1 8 6 4 2 8 6 4 1 4 8 4 2 8 8 2 16 12 4 1 8 4 2 2 3 2 3 4 32 32 20 2 4 2 2 8 8' ' 0 16 2610 8 6! $7,890 Total Labor Cost $2,170 $5,335, $4,740 $770 $7,095 $3,465 $3,455 $3,055 $3,055 $2,170 $2,320 $1,830 $2,180 $3,860 $1,730 $705 $705 $9.820 $1,040 $2,180 11 1 2 8 4 4 4 2 2 31 2 3 18 4 4 $1,340 8 4 $2,080 4 $1,140 4 $540 2 2 2 $870 4 4 4 $1,580 4 $340 50I 121 281 0 $17,125 2 4 30 4 1,105 1 ,380 $8,310 Expense Subconsultant Travel MWBE Non-MWBE $25 Repro- duction $25 $500 $25 $25 $01 $01 $501 $3,000 $25 $25 $3,000 $OI $01 $1251 $250 $25 $25 $50 Total Expense Cost Task Sub Total $0 $0 $0 $25 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $525 $25 $25 $0 $0 $0 $2,170 $5,335 $4,740 $795 $7,095 $3,465 $3,455 $3,055 $3,055 $2,170 $2,320 $1,830 $2,180 $3,860 $2,255 $730 $730 $9,820 $1,040 $2,180 $3,050 $10,940 $0 $1,340 $0 $2,080 $25 $1,165 $25 $565 $0 $870 $0 $1,580 $3,000 $3,340 375 $17,500 $25 $1,130 $25 $1,405 $50 $8,360 4 4 $1,140 $0 2 4 $840 $25 2 6 12 241 $4,350 $250 0 9 201 41 12 i 8 $5,8701 $9,6001 $01 $01 $151 $9,6151 $15,485 $25 $250 $1,140 $865 $4,600 3 of 4 Task No. Task Description 7.1 Right -of -Way Research 7.2 Easements Preparation and Submittal (2) 7.3 Temporary Right of Entry Submittal (12 8.0 Survey 8.1 Design Survey 8.2 Temporary Right of Entry Submittal 9.0 Permitting, 9.1 Fort Worth Permits Project Director Rate $195 Prepare Urban Forestry Plan & Checklist Assist w/Waiver from Minimum Canopy Cover Floodplain Permit iSWM Plan Application 9.2 Other Permits Delineation of Waters of the US Preliminary Jurisdictional Determination Report Nationwide Permit Pre -Construction Notification 9.3 Texas Dept. of Licensing & Regulation Identify & Analyze Requirements Prepare Application & Submit to TDLR Address Comments & Solicit Substantial Compliance Coordinate for Inspection & Attend Inspection i 1 10.0 "Plan Submittal Checklists 10.1 Concept Submittal (30%) Preliminary Submittal (60%) Final PS&E Submittal Project Mana r $150 2 1 6 Labor (hours) Project Engineer $135 EIT/PE $100 CADD $85 Admin. Asst. $50 8 4 8 4 4 4 4 8 0 6 8 0 4 4 0 2 4 29 4 4 4 4 60 10 4 4 Criteria 2 2 2 2 Totals City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 0 1 2 2 2 2 2 2 4 1 1 2 51 385 4 4 8 4 6 2 4 2 4 4 4 4 4 4 2 2 2 2 6 0� 0 0 2 2 2 1156 762 395 54 Total Labor Cost $2,120 $1,030 $2,720 $2 520 $840 $1,680 $13,990 $1,240 $1,780 $1,110 $570 $890 $840 $840 $0,, $1,010 $1,110 $940 $840 $1,410 $420 $420 $570 $336,230 Expense Subconsultant MWBE Non-MWBE $9,600 $25,250 25,250 $22,610 $0 $0 Travel $25 $25 $75 Repro- duction $15 $0 $130 $7,250 $3,460 $4,980 $6,920 $25 $25 $25 $15 $15 $50 $50 i $75,7101 $0 l $0 l $0 $01 $1,0001 $5,015 Total Expense Cost $0 $9,600 $15 $25,275 $25,275 $0 $22,815 $7,290 $0 $0 $40 $3,460 $4,980 $6,995 $0 $50 $0 $0 $0 $0 $0 $0 $81,725 Task Sub Total $2,120 $10,630 $2,735 $27,795 $26,115 $1,680 $36,805 $8,530 $1,780 $1,110 $610 $4,350 $5,820 $7,835 $1,010 $1,160 $940 $840 $1,410 $420 $420 $570 $417,955 Project Summary Total Hours Total Labor Total Expense SBE Subconsultant Non-SBE Subconsultant 5% Sub Markup SBE Participation Total Project Cost 2,803 $336,230 $81,725 $75,710 $0 $3,786 18.0% $421, 741 4 of 4 EXHIBIT"B-21) ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including; negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.091.20,12 Page 3 of 3 B-3 apt oW„ ATTACHMENT tic):):, CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for DRY BRANCH CREEK REGIONAL DETEN"n0N BASIN City Project 00485, DOE No. 542,5 n/a City of Fort Worth,Texas Attachment C FA Release Date:05.191.2010 Page I of I Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Attachment D - Project Schedule This PROTECT requires a Tier 3 schedule as defined herein and in the Citt's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY)(PHASING OUT) D2. BASELINE CONSULTING SERVICES SCHEDULE: Following notice -to -proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT s understanding of the Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive. As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also include a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 2 • Potential delays, • Opportunities to expedite the schedule, • Coordination issues the CITY should be aware of or can assist with, • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomphshed falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III.A.(1). of the Agreement, CONSULTANT shall provide the information required by Attachment D CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY's current Schedule Guidance Document. City of Fort Worth, Texas Attachment D PMO Release Date: 02,15,2011 Page 2 of 2 ATTACHMENT "E79 PROJECT LOCATION MAP DRY BRANCH CREEK REGIONAL DETENTION BASIN City Project 00485, DOE No. 5425 MAPSO 63H, Council District 2 & 4 1 1 1 1 • • • It 01 IVEY si'. 411. e /11111.11 INNImilmalf NI28T B2121114 3001 Hai Street Whet! G W York. hw ® Survey Yc& ne 729. Page 1870 PARCEL 22 PARCEL 20 it, ewes- ‘g PFSCa 18 P PtA 16 PglOt.L 15 f PPACtske 14 et IV O a. FNNREiot4 FUR TOTAL STORAGE OF 100 AG -FT 1.4 HOLLIS sii sri0 lb 3001 HoSY fret EUwn,, 0 W Yark Jno a tummy Win 72M. Pcg. 1670 i i 4' 1 t r City of Fort Worth, Texas Attachment E Page 1of1 City of Fort Worth, Texas Mayor and Council Communication vi COUNCIL ACTION: Approved on 3/4/2014 DATE Tuesday, March 04, 2014 LOG NAME: 20SW DRY BRANCH CREEK_DESIGN SUBJECT Authorize Execution of an Engineering Services Agreement with Baird, Hampton & Brown, Inc , in the Amount of $421,741.00 for the Design of the Dry Branch Creek Regional Detention Basin (COUNCIL DISTRICT 2) REFERENCE NO.: **C-26686 RECOMMENDATION. It is recommended that the City Council authorize the execution of an Engineering Services Agreement with Baird, Hampton & Brown Inc., in the amount of $421,741.00 for the design of the Dry Branch Creek Regional Detention Basin. DISCUSSION: The Engineering Services Agreement recommended by this Mayor and Council Communication will provide for the design of a detention basin and associated drainage improvements north of Hollis Street between Blandin Avenue and Chandler Drive. The detention basin will reduce the probability of residential and commercial property flooding and roadway overtopping downstream. Currently 52 residential and commercial properties along this reach of Dry Branch Creek carry flood insurance. On March 6, 2007, (M&C C-21992) the City Council authorized an Agreement with Baird, Hampton & Brown, Inc., (BHB) to provide preliminary analysis, engineering and feasibility study. Based upon this analysis, significant right-of-way was needed before the project could proceed. The right-of-way has now been acquired. Baird, Hampton & Brown, Inc , (BHB) proposes to perform the additional design services for a fee in the amount of $421,741.00. Staff considers the fee to be fair and reasonable for the scope of services provided. Funding for this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. M/WBE Office - Baird Hampton & Brown, Inc., is in compliance with the City's BDE Ordinance by committing to an additional 18 percent SBE participation on this project. The City's goal on this project is 18 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 330 D2. FISCAL INFORMATION / CERTIFICATION,: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P227 531200 202280048530 $421.741.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=18898&print=true&DocType=Print 3/5/2014 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas W. Wiersig (7801) Russell Poer (7981) ATTACHMENTS 1. 00485 MAP.pdf (Public) 2. 00485 MWBE Compliance Memo Dry Branch Creek.pdf (CFW Internal) 3. FAR-00485-00010-Al.pdf (CFW Internal) 4. FAR-00485-00012-Design Contract.pdf (CFW Internal) 5. P227 00485 avail funds.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=18898&print=true&DocType=Print 3/5/2014