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Contract 44934 (2)
©OTV 8ECZC a ,RY 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 Brown & Gay Engineers, INC., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: Overton Woods Drainage Improvements. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article II Compensation A. The ENGINEER's compensation shall be in the amount of 1,186,363.00 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 RECEIVL'r) OCT La. 3 2013 OFFICIAL RECORD CITY SECRETARY ifft WORTH, 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. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 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. 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. 1. 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 nsk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement The certificate of insurance shall 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 wnting 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. B Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY s personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land easements, rights - of -way, and access necessary for the ENGINEER's services or PROJECT construction. 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. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER s Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain 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; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. 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 n egligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER o r 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, strict 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 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 written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 15 of 16 Executed and effective this the 25th day of September , 2013. BY: CITY OF FORT WORTH fltn*vaO Fernando Costa Assistant City Manager Date: /1%�2,43 sr APPROVAL RECOMMENDED: By: Douglas Director, Works 2 o 1 Wiesig, Ph. D., RE ransportation and Public BY: ENGINEER Brown & Gay Engineers, Inc. William D Dillon, PE Executive Vice President Date: 9/2""1/2-3 APPROVED AS TO FORM AND MC No.: C-26481 LEGALITY M&C Date: 9/24/2013 By: Douglas-W. Black Assistant City Attorney ATTEST: Mary J. Kayser V City Secretary City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date: 1/28/2013 Page 16 of 16 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, `ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER OBJECTIVE The objective of this project is to develop construction documents for the stormwater and associated improvements recommended in conceptual design, bid and construct these improvements in 2 phases The final project (including Phase 2) will reduce localized flooding and bring the Overton Woods subdivision drainage system into compliance with the City of Fort Worth drainage criteria. The first phase of the project consists of approximately 3,070 linear feet of new Reinforced Box Culvert (RBC), 400 linear feet of 8-inch waterline relocation, water and sanitary sewer adjustments along Bellaire Drive and Briarhaven Road, utility coordination and 1,046 linear feet of storm drain rehabilitation or replacement in the vicinity of Bellaire Drive and Briarhaven Road Scope of work includes reconstruction of approximately 2,700 linear feet of the westbound lanes of Bellaire Drive and reconstruction of approximately 500 linear feet of Briarhaven Road from Bellaire Drive south The second phase of the project consists of approximately 2,800 linear feet of new Reinforced Box Culvert (RBC), 2,400 linear feet of 8-inch waterline relocation, water and sanitary sewer adjustments along Briarhaven Road, and utility coordination Scope of work includes reconstruction of approximately 2,450 linear feet of Briarhaven Road. Task 1. Task 3. Task 4. Task 5. Task 6. Task 7. Task 8. Task 9 Task 10. WORK TO BE PERFORMED Design Management P reliminary Design Final Design Bid Phase Services Construction Phase Services ROW/Easement Services S urvey Services Permitting P lan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 22 • • 1.2. Communicate internally among team members Task and allocate team resources Communications and Reporting 1.2.1 Attend Meetings 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. 1.2.2 Reporting P repare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. P repare and submit monthly progress reports in the format provided by the respective CITY Department. P repare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. 1.2.3 Interagency/Inter-Department Communication 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. 1.2.4 Site Visits 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 • Assumes a 24 month design schedule encompassing 2 design phases. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 21 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) 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. Infoworks 2D Model Update 3.1.1 Revise the InfoWorks 2D Model to reflect CITY preferred design alternative and comment from review of conceptual report. Model will be revised twice to reflect Phase 1 improvements and total project improvements 3.1.2 Run simulation and analyze results to ensure compliance with CITY drainage requirements. Simulation will be run twice to show Phase 1 improvements and total project improvements. 3.1.3 Export model data into GIS/CAD format for base mapping. GIS/CAD formats will be provided for Phase 1 improvements and total project improvements. 3.1.4 Draft Technical Memorandum to summarize updates to the model and results. Technical Memorandums will be provided for Phase 1 improvements and the total project. 3.2. Subsurface Utility Engineering 3.2.1 International Plaza from Overton Plaza to Arborlawn Drive; Arborlawn Drive from International Plaza to Briarhaven Road Bnarhaven Road from Arborlawn Drive to Bellaire Dnve; and 700 LF of Black Canyon Road south from Briarhaven Road Provide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02 and shall include plan sheets signed and sealed by a professional engineer licensed in the State of Texas. 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 21 • • • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data oral histories, etc) on the existence and approximate location of existing involved utilities. Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files and/or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s) end points of any utility data; line status (e.g , active, abandoned, out of service) line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground -mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and/or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow-up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets • • • • • 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 21 • 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. 3.2.2 Bellaire Drive Provide Subsurface Utility Engineering (SUE) to Quality Level Al as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02 and shall include plan sheets signed and sealed by a professional engineer licensed in the State of Texas Quality Level D — as described in 3.1.1 Quality Level C — as described in 3.1.1 Quality Level B — as described in 3.1.1 Quality 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. • The 24' waterline and 6" Atmos gas line in the westbound lanes of Bellaire Drive will be located with 13 test holes. 3.3. Development of Phase 1 Preliminary Design Drawings shall include the following: 3.3.1 Cover Sheet 3.3.2 General Information Sheet(s): to include notes, legends, abbreviations, etc. 3.3.3 Geotechnical Boring Plan Sheet(s) 3.3.4 Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the the current iSWM Cnteria Manual for Site Development and Construction. 3.3.5 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 (Le 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). No less than two bench marks per plan/profile sheet. 3.3.6 Overall project easement layout sheet(s). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 21 3.3.7 Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable) sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. Submit Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction. 3.3.8 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. 3.3.9 Prepare separate drawings for water and/or sanitary sewer mains including a overall water and/or sanitary sewer layout sheet and plan and profile drawings. Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service Tines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey the City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 21 ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options the ENGINEER shall propose appropriate de -hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. Station equations relating utilities to paving when appropriate. Adjustment of the following sanitary sewer lines are anticipated in this scope: • L-8400 — 8" • L-8411 — 8" • L8401-8" • L 8418-8" • L 8402 — 8" • L-8417 — 8" • L 8414 — 8" • L-8413 — 8" • L-6957 — 8" SS in Overton Woods Drive (150 LF) in Lantern Hollow (150 LF) in Clear Fork Trail (150 LF) in Bellaire Drive (150 LF) in Ranch View Drive (150 LF) in Bellaire Drive (180 LF) in Green Arbor Court (150 LF) in Mist Hollow Court (230 LF) in Briarhaven Road (400 LF) 3.3.10 Proposed roadway profile grades and elevations along each curb line; elevations at all P.V.I 's; P.I's half stations; high and low points; vertical curve information; and pertinent AASHTO calculations. Profiles for existing curbs (if any) and existing ground at the left and right of right-of-way lines shall be shown. Existing found property corners (e.g Iron pins) along the existing right- of-way shall be shown on the plans. Profiles for existing and proposed storm drain mains and laterals shall be provided. 3.3.11 Preliminary roadway and/or channel cross -sections will be developed from the survey notes, at intervals not -to -exceed 50 foot along the project length and will extend 10 foot past the right of way line on both sides of the street. Additional cross sections at important features including driveways, P.I.'s of intersecting streets, (minimum distance of 100 foot along cross -street at each P.I.) walks, retaining walls, etc., will also be provided. 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. 3.3.12 Traffic Control Plan Sheet(s) 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. (Typicals shall be used on all local and collector streets ) Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 21 Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. (Detailed traffic control including phasing and lane closures for Bellaire Drive.) 3.3.13 Erosion Control Plan Sheets and BMP Details including SWPPP data sheet. 3.4 Development of Phase 2 Preliminary Design Drawings shall include the following: 3.4.1 Cover Sheet — as described in 3.3.1 3.4.2 General Information Sheet(s) — as described in 3.3.2 3.4.3 Geotechnical Boring Plan Sheet(s) — as described in 3.3.3 3.4.4 Drainage Area Map Sheet(s) — as described in 3.3.4 3.4.5 Project Control Sheet(s) — as described in 3.3.5 3.4.6 Overall Project Easement Layout Sheet(s) — as described in 3.3.6 3.4.7 Storm Drain Overall Plan & Profile Sheet(s) — as described in 3.3.7 3.4.8 Standard and Special Details — as described in 3.3.8 3.4.9 Water and Sanitary Sewer Plan & Profile Sheet(s) — as described in 3.3.9 Adjustment of the following sanitary sewer lines are anticipated in this scope: • L-7313 — 6" in Black Canyon Drive (150 LF) • L-6957 — 6" in Briarhaven Road (350 LF) 3.4.10 Roadway Plan & Profile Sheet(s) — as described in 3.3.10 3.4.11 Roadway & Culvert Cross -Sections — as described in 3.3.11 3.4.12 Traffic Control Sheet(s) — as described in 3.3.12 (Detailed traffic control including phasing and lane closures for the intersection of Arborlawn Drive and Briarhaven Road) 3.4.13 Erosion Control Plan Sheet(s) — as described in 3.3.13 3.5 Geotechnical Investigation/Pavement Design 3.5.1 Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 8 of 21 3.6 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. This task assumes 2 meetings, one for each phase. 3.7 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. This task assumes 2 meetings, one for each phase. 3.8 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. DWF files will be uploaded for each phase. 3.9 Opinion of Probable Construction Cost The ENGINEER shall develop an opinion of probable construction cost representing the preliminary design plans for each phase The opinion of cost shall be based on prevailing market conditions within one month from the date of submittal of review sets to the CITY. 3.10 Quality Assurance/Quality Control (QA/QC) 3.10.1 Perform QA/QC review of the updated InfoWorks 2D model and of all hydrologic and hydraulic calculations for each phase. 3.10.2 Plan Set QA/QC for each phase. 3.11 Project walkthrough with Stormwater Department maintenance staff. This task assumes 2 walkthroughs, one for each phase ASSUMPTIONS • Preliminary plans of the preferred alternative from Conceptual Design Phase of the project. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 9 of 21 • Preliminary plans will be completed in 2 phases. • One design public meeting for each phase. • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 13 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 26 project specific traffic control sheets will be developed (18 sheets for Phase 1 and 8 sheets for Phase 2). • 2 copies of the geotechnical report will be delivered to the CITY. • 2 full size sets of plans will be delivered for Utility Clearance for each phase. • 2 full size sets of plans will be delivered for Constructability Review for each phase. • 9 half size sets of drawings will be delivered for Preliminary Design for each phase. • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw for each phase. • 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 for each phase. B. Preliminary iSWM Checklist for each phase. C. Utility Clearance drawings for each phase. D. Geotechnical Report E Documentation of key design decisions (Project Decision Log) F. Estimates of probable construction cost for each phase. G. Public Meeting exhibits for each phase. H. Traffic Control Plans for each phase. I. Updated InfoWorks 2D Model for each phase. J. SUE Plan Sheets and Level A Data Sheets for each phase. K. Notes for Constructability and Stormwater Maintenance walkthrough for each phase. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 10 of 21 TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1 Final draft construction plans and specifications included iSWM Construction Plan shall be submitted to CITY per the approved Project Schedule. 4.2 Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. 4.3 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. 4.4 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. 4.5 Update and submit final InfoWorks 2D Model to reflect all details of final design plans 4.6 Quality Assurance/Quality Control (QA/QC): Plan Set QA/QC. ASSUMPTIONS • Construction plans to be submitted in 2 phases Each task will be performed twice, once for each phase. • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • 9 half size sets and 2 full size sets of drawings and 2 specifications will be delivered for the 90% design for each phase. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw for each phase • 2 full size sets of drawings and 2 sets of specifications will be delivered for the 100% design for each phase. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw for each phase. • Anticipated Index of Sheets for final plans is summarized in Attachment A-1 DELIVERABLES A. 90% construction plans specifications for each phase. B. 100% construction plans and specifications for each phase. C. Final iSWM Checklist for each phase. D. Documentation of key design decisions (Project Decision Log). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 11 of 21 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 for each phase. F. Original cover mylar for the signatures of authorized CITY officials for each phase. G. Updated InfoWorks 2D Model for each phase. TASK 5. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support 5.1.1. The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. Contract documents 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 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. 5.1.2 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. 5.1.3 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 5.1.4 Attend the prebid conference in support of the CITY. 5.1.5 Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. 5.1.6 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. 5.1.7 Attend the bid opening in support of the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 12 of 21 5.1.8 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. 5.1.9 Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. 5.1.10lncorporate 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 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. 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 uploading. The naming convention to be used for the DWG files shall be as follows: City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 13 of 21 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. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg', `X-12755_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 unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • This project includes 2 phases Each phase of the project will be bid only once and awarded to one contractor. • 12 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms for each phase. • 5 sets of construction documents will be printed and made available for purchase by planholders and/or given to plan viewing rooms for each phase • 10 full size and 10 half size sets of plans and specifications (conformed, if applicable) will be delivered to the CITY for each phase. • PDF, DWF and DWG files will be uploaded to Buzzsaw for each phase. • 1 copy of conformed full size (22"x34") mylar plans will be delivered to the CITY for each phase. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Construction documents (conformed, if applicable) E CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support 6.1.1 The ENGINEER shall attend the preconstruction conference for each phase. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 14 of 21 6.1.2 After each 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. 6.1.3 The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. 6.1.4 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 6.1.5 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. 6.1.6 The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list for each phase. 6.2 Record Drawings • The ENGINEER shall prepare record drawings for each phase 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 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 o r 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. • • City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 15 of 21 • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage for each phase. 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. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 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 unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. 6.3 Model Finalization 6.3.1 Update InfoWorks 2D model to reflect data according to as -built survey performed after construction is completed for each phase. 6.3.2 Develop GIS database of proposed improvements for CITY to add to ongoing GIS inventory effort for each phase. ASSUMPTIONS • The project consists of 2 phases. • 2 Preconstruction Conferences are assumed (one for each phase) • 2 Public Meetings are assumed (one for each phase) City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 16 of 21 • • • • • • • 12 site visits are assumed. 30 submittal reviews are assumed. 20 RFI's are assumed. 3 Change Orders are assumed. One copy of full size (22"x34") mylars will be delivered to the CITY for each phase. 2 finalized InfoWorks 2D models are assumed (one for each phase). 2 final walkthroughs are assumed (one for each phase). DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E Final Punch List items F. 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. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 17 of 21 • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS • 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 (Le. 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. • Assumes 1 Easement • Assumes 40 Temporary Right of Entry Letters DELIVERABLES A. Right -of -Way, easement exhibits and metes and bounds provided on CITY forms B. 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 (measure caliper, identify overall canopy, and have qualified arborist identify species of trees) and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 18 of 21 • • 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. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. C. Temporary Right of Entry Letters TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction with will be incorporated into the SWPPP by the contractor. 9.2. Environmental Services ENGINEER shall evaluate permitting requirements with the US Army Corps of Engineers (USACE) As Channel CF-3 is not listed as a Section 10 Navigable Water of the United States, the proposed work associated with this project is covered in NWP 12 and does not require notification to the USACE Therefore, we do not anticipate any permitting but will provide documentation for record keeping. If the USACE, TCEQ, or other environmental agency requires additional permitting during the course of this project, an additional scope amendment will be provided at that time. 9.3. Floodplain Services • • • • • 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 ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. (additional scope amendment will be provided if permit(s) are required) City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 19 of 21 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 Water / Sewer *If included in street project Storm Water 60% 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 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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: • • • • • • • • • • • • • S egotiation of easements or property acquisition. S ervices related to development of the CITY's project financing and/or budget. S ervices related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. Construction management and inspection services Performance of materials testing or specialty testing services. S ervices necessary due to the default of the Contractor. S ervices 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. S ervices 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. Environmental Services for permitting (Additional scope amendment will be provided if permitting with the USACE, TCEQ, or other environmental agency is required.) The Floodplain Services task assumes that a CLOMR/LOMR is not required and does not include any coordination with FEMA. If permitting with FEMA is required, an additional scope amendment will be provided Texas Department of Transportation (TxDOT) Permit (Additional scope amendment will be provided if this permit is required) City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 20 of 21 • Railroad Permit (Additional scope amendment will be provided if this permit is required) • Texas Department of Licensing and Regulation (TDLR) (Additional scope amendment will be provided if this permit is required) City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 21 of 21 ID 30 1.0 Task No. 1.1 1.2 1.2.1 1.2.2 1.2.3 1.2.4 32 3.0 3.1 3.2 3.2.1 3.2.2 3.3 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.9 3.3.10 3.3.11 3.3.12 3.3.13 3.4 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 3.4.8 3.4.9 3.4.10 3.4.11 3.4.12 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Task Description Rate Design Management Managing the Team (2hr/wk) Communications, Reporting, and Coordination Meetings Design Kickoff Meeting (2) Monthly Project Update Meetings with CITY (24) Review Meetings with CITY at end of each design phase (4) Design Team Meetings (12) Reporting Monthly Invoices (24) Monthly Progress Reports to CITY (24) Initial Project baseline schedule and monthly updates for duration of project (24) Monthly M/WBE reports and final M/WBE report (24) Interagency/Inter-Department Communication Coordinate with other entities and agencies Coordination with permitting authorities Coordination with other City of Fort Worth departments Site Visits (4) Preliminary Design Model Update & Exhibits (2) Subsurface Utility Engineering (SUE) SUE-Briarhaven (Level B) SUE -Bellaire (Level A) Development of Preliminary Design Drawings - Ph I (135) Cover Sheet (1) General Information Sheet(s) (2) Geotechnical Boring Plan Sheet(s) (3) Drainage Area Map Sheet(s) (4) Project control sheets (1) Overall project easement layout sheets (1) Storm Drain Overal Plan Sheets (17) Standard and Special Details (32) Water and Sanitary Plan/Profile Sheets (18) Roadway Plan and Profile Sheets (15) Roadway/Culvert Cross -Section Sheets (10) Traffic Control Plan Sheets (22) Erosion and Sedimentation Control Plan Sheets (9) Development of Preliminary Design Drawings Ph II (96) Cover Sheet (1) General Information Sheet(s) (2) Geotechnical Boring Plan Sheet(s) (3) Drainage Area Map Sheet(s) (4) - Project control sheets (1) Overall project easement layout sheets (1) Storm Drain Overal Plan Sheets (10) Standard and Special Details (30) Water and Sanitary Plan/Profile Sheets (10) Roadway Plan and Profile Sheets (9) Roadway/Culvert Cross -Section Sheets (8) Traffic Control Plan Sheets (12) Principal $200 2 0 2 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sr. Project Manager $180 372 120 252 76 4 48 12 12 120 48 24 24 24 48 16 16 16 8 298 16 8 4 4 110 2 1 1 4 1 1 16 40 16 16 12 0 0 68 2 1 1 4 1 1 12 20 8 8 10 0 Senior Engineer $155 12 0 12 0 0 0 0 0 12 0 0 12 0 0 0 0 0 0 356 120 0 0 0 75 0 4 0 0 0 0 0 40 0 0 0 22 9 17 0 0 0 0 0 0 0 0 0 0 0 12 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Overton Woods Drainage Improvements City Project No. Labor (hours) Project Engineer $120 176 80 96 44 2 24 6 12 24 0 12 12 0 24 8 8 8 4 724 0 8 4 4 308 0 4 4 16 4 4 80 40 80 60 16 0 0 248 0 4 4 16 4 4 80 40 48 36 12 0 EIT $100 96 0 96 44 2 24 6 12 24 0 12 12 0 24 8 8 8 4 1160 80 0 0 0 628 8 8 8 36 4 4 160 80 160 120 40 0 0 452 8 8 8 36 4 4 100 80 100 72 32 0 GIS/CAD Designer $90 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2992 64 16 0 16 1616 8 20 20 72 8 8 380 260 380 300 160 0 0 1196 8 20 20 72 8 8 240 260 240 180 140 0 Admin. $60 192 0 192 96 0 72 24 0 96 48 24 0 24 0 0 0 0 0 96 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Subconsult.Servic es Lump Sum NM 94,399.00 53,645 31,000 22,645 12,000.00 12,000 5,000.00 Mir - 1 5,000 Manhours Total Labor per Item Cost 850 200 650 262 10 168 48 36 276 96 72 60 48 96 32 32 32 16 5650 280 32 8 24 2737 18 37 33 128 17 17 636 460 636 496 228 22 9 1981 18 33 33 128 17 17 432 400 396 296 194 12 $111,460 $ $31,200 $ $80,260 $ $29,520 $ $1,560 $ $18,240 $ $4,920 $ $4,800 $ $34,500 $ $11,520 $ $8,400 $ $8,820 $ $5,760 $ $13,920 $ $4,640 $ $4,640 $ $4,640 $ $2,320 $ $591,540 $ $35,240 $ $3,840 $ $1,200 $ $2,640 $ $276,625 $ $1,880 $ $3,880 $ $3,260 $ $12,720 $ $1,780 $ $1,780 $ $62,680 $ $49,600 $ $62,680 $ $49,080 $ $22,480 $ $3,410 $ $1,395 $ $197,475 $ $1,880 $ $3,260 $ $3,260 $ $12,720 $ $1,780 $ $1,780 $ $43,360 $ $39,800 $ $38,800 $ $29,160 $ $19,040 $ $1,860 $ Subconsultant SBE Non-SBE Expense Travel $ 200 200 $ - $ - - $ - $ - - $ - $ - - $ - $ - - $ - $ - - $ $ - $ 94,399 $ $ $ $ 53,645 31,000 22,645 12,000 $ - $ $ $ $ - $ 200 600 200 200 100 100 IMI $ - $ IMI $ $ AM $ - $ mem $ - $ - $ - $ MM $ - $ 12,000 5,000 $ - $ $ $ - $ - $ $ - $ $ $ - $ - $ IMI $ - $ $ $ - IMI $ $ 5,000 $ - $ $ $ - $ IMI $ - $ $ $ - $ Reproduction Total / Expense Cost Courier $ 150 $ $ - $ $ 150 $ $ 50 $ $ - I$ $ - $ $ $ $ - $ $ 50I$ $ $ $ - $ MEI MIA Task Sub Total 350 $ - 350 $ 50 $ - 200 $ 98,299 $ 200 $ 53,845 $ 31,100 $ 22,745 $ 13,500 $ 12,000 $ 6,500 $ 5,000 $ 111,810 31,200 80,610 29,570 1,560 18,240 4,920 4,800 34,550 11,520 8,400 8,820 5,760 13,970 4,640 4,640 4,640 2,520 689,839 35,440 57,685 32,300 25,385 290,125 1,880 3,880 3,260 12,720 1,780 1,780 62,680 49,600 62,680 49,080 22,480 15,410 1,395 203,975 1,880 3,260 3,260 12,720 1,780 1,780 43,360 39,800 38,800 29,160 19,040 6,860 1 of 3 ID 33 4.0 81 1 5.0 83 6.0 7.0 Task No. 3.5 3.6 3.7 3.8 3.9 3.10 3.11 4.1 4.2 4.3 4.4 4.5 4.6 5.1 5.2 6.1 6.2 6.3 7.1 7.2 7.3 I City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Task Description Kate 3.4.13 Erosion and Sedimentation Control Plan Sheets (5) Geotechnical Investigation/Pavement Design Constructability Review (2) Public Meeting (2) Utility Clearance (2) Opinion of Probable Construction Cost (2) Quality Assurance/ Quality Control 3.10.1 Hydrologic and Hydraulic Calculation/Design QA/QC (2) 3.10.2 Plan Set QA/QC (2) Project Walkthrough with Stormwater Maintenance Staff (2) 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 Final Design Final Draft (90%) Construction Plans and Specifications (2) Final iSWM Grading Permit Checklist (2) IFinal Design Opinion of Probable Construction Cost (2) IFinal (100%) Plans and Specifications (2) (Update Infoworks 2D Model (2) (Plans and Specs QA/QC (2) Bid Phase Bid Support Upload Plans and Specs to Buzzsaw (2) Sell Contract Documents/Maintain Planholders list (2) Address Questions and Issue Addenda (2) Attend Pre -bid Conference (2) Review Contractor/Supplier Qualifications (2) Review Contractor Requested Substitutions Prior to Award (2) Attend Bid Opening (2) Tabulate Bids and Recommend Award (2) Assist the City with Assembling Contracts for Award (2) Issue Conformed Contract Documents (2) Final Drawings (2) Construction Phase Services Construction Support 6.1.1 Attend Preconstruction Conference (2) 6.1.2 Attend Public Meeting (2) 6.1.3 Project Site Visits (52) 6.1.4 Submittal Review (30) 6.1.5 Request for Information/Change Order Review (15) 6.1.6 Final Walk Through and Punch List (2) Record Drawings (2) Infoworks 2D Model Finalization 6.3.1 Update/Finalize Infoworks Model (2) 6.3.2 Develop GIS Database of proposed Improvements (1) ROW/Easement Services Right -of -Way Research Right-of-Way/Easement Preparation and Submittal Temporary Right of Entry Submittal (40) Principal $200 0 0 8 8 0 0 8 4 4 0 16 0 0 0 0 0 16 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sr. Project Senior Manager Engineer $180 0 0 16 16 16 8 32 16 16 8 152 80 0 8 40 8 16 50 46 0 0 8 4 16 8 4 1 1 4 4 108 94 4 4 48 15 15 8 4 10 8 2 4 2 0 2 $155 5 0 16 16 16 16 80 40 40 0 152 80 0 0 40 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 69 45 0 0 0 15 30 0 0 24 16 8 12 8 4 0 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Overton Woods Drainage Improvements City Project No. Labor (hours) Project Engineer $120 0 8 16 32 64 32 0 0 0 8 354 160 2 32 80 80 0 88 80 4 0 16 4 16 8 4 4 8 16 8 206 142 4 4 48 30 40 16 16 48 48 0 14 8 4 2 EIT $100 0 0 0 0 0 0 0 0 0 0 160 160 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 GIS/CAD Designer $90 0 4 0 80 16 0 0 0 0 0 480 320 0 0 160 0 0 64 32 0 0 0 0 0 0 0 0. 0 32 32 108 16 0 16 0 0 0 0 20 72 32 40 32 0 16 16 Admin. $60 0 0 0 80 0 0 0 0 0 16 80 80 0 0 0 0 0 80 80 0 20 20 0 0 0 0 16 12 12 0 16 16 0 0 0 0 0 16 0 0 0 0 16 0 0 16 Subconsult.Servic es Lump Sum $ 23,754 $ $ $ $ $ 6,000.00 $ 6,000.00 $ 6,000 OMNI wim ono WEI 3,000 1 - I 3,000 I - 1 1 Manhours Total Labor per Item Cost 12 56 232 112 56 120 60 60 32 1394 880 2 40 320 120 32 282 238 4 20 44 8 32 16 8 21 21 64 44 507 313 8 24 96 60 85 40 40 154 104 50 78 18 24 36 $775 $ $1,320 $ $8,880 $ $22,800 $ $14,480 $ $7,760 $ $19,760 $ $9,880 I $ $9,880 I $ $3,360 $ $0 $160,600 $ $95,600 $ $240 $ $5,280 $ $37,400 $ $16,000 $ $6,080 $ $0 $30,120 $ $25,560 $ $480 $ $1,200 $ $4,560 $ $1,200 $ $4,800 $ $2,400 $ $1,200 $ $1,620 $ $1,860 $ $6,240 $ $4,560 $ $0 $65,535 $ $43,335 $ $1,200 $ $2,640 $ $14,400 $ $8,625 $ $12,150 $ $4,320 $ $4,440 $ $17,760 $ $12,560 $ $5,200 $ $0 $8,100 I $ $2,560 I $ $2,540 I $ $3,000 I $ $0 Subconsultant SBE 23,754 • 6,000 6,000 3,000 $ - $ 3,000 $ Non-S 100 100 100 MAE 100 50 400 100 100 100 100 Reproduction Total / Expense Cost Courier 300 1,200 800 400 2,500 imp MAE 2,500 OMNI Imor 23,754 400 100 1,300 800 400 100 2,550 50 EMI • 2,500 6,400 100 6,100 100 100 3,000 3,000 Task Sub Total 775 25,074 8,880 23,200 14,480 7,760 19,760 9,880 9,880 3,460 161,900 96,400 240 5,280 37,800 16,100 6,080 32,670 25,610 480 1,200 4,560 1,200 4,800 2,400 1,200 1,620 1,860 6,240 7,060 71,935 43,335 1,300 8,740 14,400 8,625 12,150 4,420 4,440 17,760 12,660 5,200 11,100 2,560 5,540 3,000 2of3 ID Task No. Task Description 50 8.0 Survey 8.1 Design Survey 8.2 Temporary Right of Entry Preparation and Submittal 9.0 1- 33 10.0 I p 9.2 9.3 City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 5.19.2010 Permitting Environmental Services Floodplain Services rian buomittai t. necKusts t4 Principal Rate $200 0 0 0 4 4 0 4 Totals) 50 Sr. Project Manager $180 5 4 1 4 0 4 16 1009 Senior Engineer $155 0 0 0 0 0 0 0 601 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Overton Woods Drainage Improvements City Project No. Labor (hours) Project Engineer $120 0 0 0 6 2 4 40 1608 0.56% 11.36% 6.77% 18.11% EIT $100 0 0 0 16 0 16 GIS/CAD Designer $90 0 0 0 24 0 24 Admin. $60 0 0 0 0 0 0 0 1 0 0 1432 3700 480 16.13% 41.67% 5.41% Subconsult.Servic es Lump Sum 73,990 73,388 603 imp Manhours Total Labor per Item Cost 5 4 1 54 6 48 0 60 177,389 I I 8880 $ $900 $720 $180 $0 $6,000 $1,040 $4,960 $0 $8,480 Expense Subconsultant SBE Non-SBE 73,990 $ - 73,388 $ 603 $ 982,735 I $ 177,389 I $ Travel Mir $ 1,350 Reproduction Total Expense Cost Courier $ 73,990 - $ 73,388 - $ 603 7,150 I $ 185,889 Task Sub Total Project Summary Total Hours $ Total Labor Total Expense MWBE Subconsultant I $ Non-MWBE Subconsultant I $ 10% Sub Markup I $ MWBE Participation I Total Project Cost I $ 74,890 74,108 783 6,000 1,040 4,960 8,480 1,168,624 I 8,880 982,735 185,889 177,389 17,739 15.0% 1,186,363 3of3 ATTACHMENT B COMPENSATION Design Services for Overton Woods Drainage Improvements -Detailed Design City Project No. 01607 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $1, 186,363 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Storm Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19.2010 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility P rime Consultant Brown & Gay Engineers, Inc. P roposed M/WBE Sub -Consultants Rios Group SUE HVJ Associates Geotechnical Engineering Pacheco Koch Survey & Civil Design N on-M/WBE Consultants Project Number & Name Fee Amount 1,012,374 56,245 23,754 93,990 TOTAL $1,186,363 Total Fee $1,186,363.00 M/WBE Fee $179,989 85.3 4.7 2.0 7.9 100% M/WBE % 15% City M/WBE Goal = 13% Consultant Committed Goal = 15 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B PMO Official Release Date: 5.19,2010 Page 3 of 3 Professional Services Payment Request Project Manager: Project: (Overton Woods Drainage Improvements -Detailed Des' City Project #: 101907 City Sec Number: 11.011011111011111100 Company Name: (Brown & Gay Engineers, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 1 Scott Scherer Consultant Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: sscherer(ci)brownaay.com Office Address: 500 W 7th St, Suite 1800, Fort Worth, TX 76102 Telephone: 817.887.6148 Fax: 817.887.6135 Remit Address:110777 Westheimer Suite 400, Houston, TX 77042 FAC and Work Type Description Totals This Payment Request Agreement Amendment Amount Amount $1,186, 363.00 Agreement Amount to D ate $1,186, 363.00 $1.186.363.00 $1.186.363.00 Overall Percentage Complete: Completed Percent Amount Completed LOCK l UNLOCK ($) Invoiced Current Previously Invoice Remaining Balance $1,186, 363.00 $1.186.363.00 City Project #: Work Type Desc: F/A/C: City Sec Number: Purchase Order: Professional Services Payment Request Project Manager: Project: Overton Woods Drainage Improvements-Detailec 01907 Company Name: Brown & Gay Engineers, Inc. Consultant's PM: Vendor Invoice #: Payment Request #: From Date: To Date: Invoice Date: Pay Items 30 - Design 32 - Preliminary Design 33 - Final Design 51 - Preliminary Survey 80 - Construction Scott Scherer Description Totals This Unit: Consultant Instructions: Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: sscherer©browngay.com Office Address: 500 W 7th St, Suite 1800, Fort Worth, TX 76102 Telephone: 817.887.6148 Fax: 817.887.6135 Remit 10777 Westheimer Suite 400, Houston, TX 77042 Agreement Agreement Amendment Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Number Amount Date Amount Completed Previously Invoice Balance $111,810.00 $111,810.00 $111,810.00 $689,839.00 $689,839.00 $689,839.00 $194,119.00 $194,119.00 $194.119.00 $85,990.00 $85,990.00 $85,990.00 $104,605.00 $104,605.00 $104,605.00 $1,186,363.00 $1,186,363.00 $1,186,363.00 Overall Percentage Complete: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Overton Woods Drainage Improvements -Detailed Design City Project No. 01607 City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program FORT WORTH Attachment D - Project Schedule Tliis PROTECT requires a Tier 3 schedule as defined herein and in the Citu's Schedule Guidance Document. D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described m this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Microsoft Project (Version 2003/2007 of 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 Agieement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice. The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY's Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities, key milestones, and dependencies/relationships as appropriate to the work. c. The schedule should mclude appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies. D3. PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with D1 and D2 and the CITY's Schedule Guidance Document inclusive As the Work progresses, the CONSULTANT shall enter into the schedule and record actual progress as described in the CITY's Schedule Guidance Document. The updated schedule submittal shall also mclude a concise schedule narrative that highlights the following, if appropriate and applicable: • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, • 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 • Other schedule -related issues that the CONSULTANT wishes to communicate to the CITY. D4. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULTANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time. D5. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nature and needs of the project. The schedule tier for this project is stated at the top of this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. D6. SCHEDULE SUBMITTAL AND PAYMENT: As stated in 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 Wise Project Location Parker Hood Johnson Denton MEW- J Ellis • 1 1 o* BROWN & GAY ENOIVEER3, INC. Brown & Gay Engineers, Inc. 108 West 8th Street, Suite 200, Fort Worth, TX 76102 Tel: 817-887-6130 Fax: 817-887-6135 - Civil engineers and surveyors - Overton Woods Drainage Improvements Copyright2007 MAPSCO PAGE NO. 75W, 75X, 79A, 79B, & 79E SCALE: N.T.S. Vicinity Map I JOB NO. 709-01 DATE: EXHIBIT: Sept 2013 A M&C - Council Agenda Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/24/2013 DATE: Tuesday, September 24, 2013 LOG NAME: 20SW OVERTON WOODS DESIGN SUBJECT: REFERENCE NO.: C 26481 Authorize Execution of an Engineering Services Agreement with Brown & Gay Engineers, Inc., in the Amount of $1,186,363.00, for the Design of the Overton Woods Drainage Improvements Project (COUNCIL DISTRICT 3) RECOMMENDATION. It is recommended that the City Council authorize the execution of an Engineering Agreement with Brown & Gay Engineers, Inc., in the amount of $1 186,363.00 for the design of the Overton Woods Drainage Improvements Project. DISCUSSION: The Engineering Services Agreement recommended by this Mayor and Council Communication will provide the design services for the Overton Woods Drainage Improvements Project which is needed to reduce the probability of home flooding in the Overton Woods neighborhood south of Bellaire Drive at Briarhaven Road Currently, 26 homes in this area carry flood insurance. Brown & Gay Engineers, Inc., (BGE) was selected to perform engineering analysis and design services for this project based on a Request for Qualifications (RFQ) process. On July 19, 2011, the City Council authorized an Agreement with BGE to provide the preliminary analysis and engineering (M&C C- 25014). BGE proposes to perform the design services for a lump sum fee of $1 186,363 00. Staff considers the fee to be fair and reasonable for the scope of services proposed. The estimated construction cost is $10,500,000.00. Funding for the design and construction of this project is being provided from revenue bonds in the Stormwater Capital Projects Bond Fund. M/WBE Office - Brown & Gay Engineers, Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent SBE participation on this project. The City's SBE goal on this project is 13 percent. This project is located in COUNCIL DISTRICT 3, Mapsco 75X, 89A and 89B. 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 203280160730 $1.186.363.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Fernando Costa (6122) Douglas W. Wiersig (7801) http://apps.cfwnet.org/ecouncil/printnic.asp?id=18923&print=true&DocType=Print 9/25/2013 M&C - Council Agenda Page 2 of 2 Additional Information Contact: Russell Poer (7891) ATTACHMENTS 1. 01607 Overton Woods MAP .ndf (Public) 2. 01607 Overton Woods MWBE.odf (CFW Internal) 3. FAR-01607-00003-Desian.adf (CFW Internal) 4. P227 01607 avail funds.odf (CFW Internal) http://apps.cfwnet org/ecouncil/printmc.asp?id=18923&print=true&DocType=Print 9/25/2013