HomeMy WebLinkAboutContract 45079 (2)CITY OF FORT WORTH, TEXAS
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STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule
municipality (the "CITY"), and Kimley-Horn and Associates, Inc., authorized to do business
in Texas, (the "ENGINEER"), for a PROJECT generally described as: Cobb Park
Roadway and Drainage Improvements.
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER's compensation shall be in the amount of $79,000.00 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
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RECEIVED % 05 2013
OFFICIAL RECORD
t TY SECRETARY
i x
(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
o r 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,
e conomic feasibility or schedules will not vary from the ENGINEER's
o pinions, analyses, projections, or estimates.
Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 4 of 16
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part on the basis of
information compiled and furnished by others, and may not always represent
the exact location, type of various components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
any errors or omissions in the information from others that is incorporated
into the record drawings.
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020-12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not Tess 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
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(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.
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.
it 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 Lability 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
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acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims -made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(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
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d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g.
Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first -dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
j•
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.
Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
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
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D Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV E regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
Page 11 of 16
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
1. 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.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
PMO Official Release Date: 1/28/2013
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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
Executed and effective this the
BY:
CITY OF FORT WORTH
Susan Alanis
Mstant City Manager
Date: toI3((
APPROVAL RECOMMENDED:
B
dayo
Richard Zavala
Director, Parks and Community
Services Department
APPROVED AS TO FORM
LEGALITY
By: nAA-MAA1A4 VIA •
ug as vyx,chclle vh. Ketck
Assistant City Attorney
, 20
BY:
ENGINEER
Kimley-Horn and Associates, Inc.
Glenn Gary, P.E.
Senior Vice President
Date: l Ci ` rc).};` gn
AND M&C No.:
M&C Date:
ATTEST:
Mary J. Kayser
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
C'2co62.)
/ 0/ZZ /13
r
Kimley-Horn
and Associates, Inc.
October 24, 2013
Scott Penn, RLA
Project Manager
City of Fort Worth
Re: Proposal for Professional Engineering Services
Cobb Park Drive Roadway and Site Development Improvements
Dear Scott Penn:
Kimley-Horn and Associates, Inc. (KHA) is pleased to submit our proposal for
professional engineering services to the City of Fort Worth (City) for the Cobb
Park Drive Roadway and Site Development Improvements Project. This project
consists of reconstructing approximately 2,500 linear feet of roadway through
Cobb Park. The project also consists of addressing drainage issues near the
basketball court and erosion issues near the roadway improvements.
The attached proposal outlines services for the following tasks:
Task 1. Design Management
Task 2. Conceptual Design
Task 3. Preliminary Design
Task 4. Final Design
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services -NOT INCLUDED
Task 8. Survey Services
Task 9. Permitting
Task 10. Plan Submittal Checklists and Additional Services
These tasks will be performed for a lump sum fee of $79,000.00. A level of effort
summary is provided in the proposal. KHA will be working with Gorrondona and
Associates, Inc., and CMJ Engineering, Inc. on this project. All three of these
Subconsultants are considered to be SBE firms and KHA anticipates 16% of the
project will be directed towards SBEs.
We are excited about partnering with the City on this project. Should you have
any question or comments, please contact me.
■
Suite 275
2201 West Royal Lane
Irving, Texas
75063-3206
c
Kimley-Horn
and Associates, Inc.
Sincerely,
KIMLEY HORN AND ASSOCIATES, INC.
State of Texas Registered Firm #928
\ft&zakti ciu:s„scci
Misty Christian, P.E., CFM
Project Manager
MDC:jlp
cJawisis--
Mr. Scott Penn, RLA , October 24, 2013, Page 2
KALAC Roadway\MARKETING\Fort \Vorth\Drainage\Cobbpark\PPP\covert]tr.doc
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein Articles V.F., VI B VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a 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
ATTACHMENT "A"
Scope for Engineering Desian Related Services for
the Parks and Community Services Department
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 -ENGINEER, including surveyor, employed or contracted by
the ENGINEER
OBJECTIVE
Cobb Park is located in southeastern Fort Worth between Glen Garden Drive (southern
limits) to Hwy 287 (northern limits). The intent of this project is to meet three objectives: (1)
address issues associated with ponding water near the basketball courts; (2) reconstruct
approximately 2,500 linear feet of existing two lane asphalt roadway (22 feet wide) known as
Cobb Park Drive from Glen Garden to approximately 200 feet north of the recently
constructed Conspan Bridge (roadway to remain in the existing horizontal location); and (3)
address minor erosion control issues that may be threatening the integrity of Cobb Park
Drive within the project limits described in (2).
Task
Task
Task
Task
Task
Task
Task
Task
Task
Task
WORK TO BE PERFORMED
1 Design Management
2. Conceptual Design
3 Preliminary Design
4. Final Design
5 Bid Phase Services
6. Construction Phase Services
7. ROW/Easement Services -NOT INCLUDED IN THIS PROJECT
8. Survey Services
9 Permitting
10. Plan Submittal Checklists and Additional Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team
® Lead, manage and direct design team activities
® Ensure quality control is practiced in performance of the work
® Communicate internally among team members
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 1 of 22
•
® Task and allocate team resources
1.2. Communications and Reporting
o 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.
® Attend two (2) stakeholder meetings, with CITY representatives, to present
schematic/concept plan and final improvement document.
® Conduct and document biweekly design team meetings.
® Prepare invoices, in accordance with Attachment B to this Standard Agreement
and submit monthly in the format requested by the CITY.
Prepare and submit monthly progress reports in the format provided by the
respective CITY Department.
® Prepare and submit baseline Project Schedule initially, and Project Schedule
updates with a schedule narrative monthly, as required in Attachment D to this
Standard Agreement and according to the City of Fort Worth's Schedule
Guidance Document.
o Complete Monthly MBE/SBE Report Form and Final Summary Payment Report
Form at the end of the project.
Coordination of survey and geo-technical work.
o With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements
are appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to
meet their requirements, as part of the design scope.
® Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub-ENGINEERs shall carry readily visible
information identifying the name of the company and the company
representative.
ASSUMPTIONS
o It is assumed that the CITY will address questions and provide direction to the
ENGINEER, when requested, in a timely manner. CITY will provide services as
described in the "ENGINEER Agreement Preparation Checklist-City/ENGINEER
Duties".
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 2of16
C. Monthly progress reports
D. Baseline design schedule
E Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Monthly M/WBE Report Form and Final Summary Payment Report Form
TASK 2. SCHEMATIC DESIGN (30 PERCENT).
The Schematic Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the schematic design is for the ENGINEER to identify, develop,
communicate through the defined deliverables, and recommend the design concept that
successfully addresses the design problem and to obtain the CITY's endorsement of this
concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM
Criteria Manual for Site Development and Construction for conceptual planning and design.
ENGINEER will develop the schematic design of the infrastructure as follows.
2.1. Data Collection
® In addition to data obtained from the CITY, ENGINEER will research and make
efforts to obtain pertinent information to aid in coordination of the proposed
improvements with any planned future improvements that may influence the
project ENGINEER will also identify and seek to obtain data for existing
conditions that may impact the project including; utilities, franchise utilities, CITY
Master Plans, CITY drainage complaint files existing applicable drainage
studies, FEMA floodplain and floodway maps, existing models of project area (if
any) and property ownership as available from the Tax Assessor's office.
2.2. Drainage Computations
® ENGINEER will evaluate the ponding issues near the basketball court within
Cobb Park ENGINEER will use the Rational Method to determine the quantity of
water that is directed toward this area ENGINEER will prepare a drainage area
map summarizing the assessment which will include the peak discharges for the
1, 5, 10, 25, and 100 year storm events ENGINEER will develop up to two
designs to alleviate this ponding. A hydrologic and hydrologic analysis of
Sycamore Creek is not included in the Scope of Services and will be considered
Additional Services. Preparation of a unit hydrograph or developing a HEC-HMS
model will be considered Additional Services
ENGINEER will keep the roadway elevation at the same elevation (or lower) than
the existing roadway elevations in order to ensure that the floodplain is not
impacted. It is assumed that the design will show the existing elevations and
proposed elevations on a plan sheet to demonstrate no modifications to the
floodplain. HEC-RAS models will not be updated as part of this Scope of
Services. Coordination with the floodplain administrator will include obtaining a
floodplain and grading permit based upon no modifications to the floodplain (Le.
no increases to the floodway base flood elevations).
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 3 of 16
0
2.3. Roadway Improvements
ENGINEER will review the recommendation of the pavement section from the
geotechnical engineer ENGINEER will develop a conceptual design of the
roadway improvements taking into consideration existing structures, trees,
topography, and culverts. Existing culverts will be maintained and the design of
n ew or the modifications to existing culverts will be considered Additional
Services.
2.4. Erosion Control Improvements
® ENGINEER will visit the site to review the potential erosion control issues
associated with the site improvements. The design may include developing non-
structural solution to address minor erosion control issues. Addressing or
designing erosion control measures within or along the side slopes of Sycamore
Creek will be considered Additional Services.
2.5 Stakeholder Meeting (Advisory Committee Meeting)
® ENGINEER will meet CITY representatives to present the 30% plans and obtain
comments (this will occur prior to the Stakeholder Meeting).
® ENGINEER will prepare for and attend meeting. This includes the preparation of
u p to two color, aerial exhibits showing the proposed improvements
® ENGINEER will address the 30% comments before preparing the 60% plans.
2.6 The Schematic Design Package shall include the following:
® Cover sheet
® Drainage area map with supporting drainage computations in the CITY's
standard tabular format.
® Conceptual iSWM Checklist in accordance with the current iSWM Cnteria Manual
for Site Development and Construction Include documentation that the
proposed storm water project will not impact upstream and downstream
properties.
® Plan sheet showing the proposed improvements to alleviate the ponding water
n ear the basketball court. Profiles will be provided on 60% submittal.
® Horizontal alignment (excluding profiles) of proposed roadway improvements.
The plan will show the property lines existing trees, fence, park equipment, edge
of pavement, and culverts.
Plan sheet showing erosion issues and a design to alleviate the issues (plan view
only).
® Floodplain permit
® Estimates of probable construction cost.
ASSUMPTIONS
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 4 of 16
o All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction.
o Floodplain permit.
o No Subsurface Utility Exploration (SUE) will be performed as part of the Scope of
Services
o 5 copies of the conceptual design package will be delivered. Drawings will be
half size (11 ' x 17').
o DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw
o All submitted documents and checklists will also be uploaded t the designated
project folder in Buzzsaw
o ENGINEER shall not proceed with Design Development activities without written
approval by the CITY of the Schematic Design Package.
DELIVERABLES
A. Schematic Design Package.
B. Schematic iSWM Checklist
C. Floodplain Permit
TASK 3. DESIGN DEVELOPMENT (60 PERCENT).
Plans shall be submitted to CITY per the approved Project Schedule.
ENGINEER will develop the 60% design of the infrastructure as follows.
3.1. Development of Design Development Drawings shall include the following:
0
Cover Sheet
o Drainage area maps showing proposed improvements with drainage calculations
and hydraulic computations in accordance with the current iSWM Criteria Manual
for Site Development and Construction.
o Plan and profile sheet showing design for ponding water issue near basketball
court.
o A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base Z coordinate on City Datum only; descriptive location
(i e. set in the centerline of the inlet in the South curb line of North Side Drive at the
East end of radius at the Southeast corner of North Side Drive and North Main
Street).
o Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual
for Site Development and Construction
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 5 of 16
® Plan and profile drawings of proposed roadway improvements, including existing
structures, park equipment, edge of pavement, trees, and culverts Typical
section will be provided on the roadway plan and profile sheets.
® No less than two bench marks per plan/profile sheet.
® The ENGINEER will use CITY standard details for the roadway improvements. The
ENGINEER will provide a typical pavement section based upon recommendations
by the geotechnical engineer. Preparation of special details (other than the typical
section and standard City details) by the ENGINEER will be considered Additional
S ervices.
® Station equations relating utilities to paving, when appropriate.
Proposed roadway profile grades and elevations along curb line/edge of
pavement; 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.
® Preliminary roadway cross -sections will be developed, from the survey notes.
S cale will be 1" = 20' horizontal and 1" = 2' vertical. Excavation and embankment
volumes and end area computations shall also be provided.
3.2. Geotechnical Investigation/Pavement Design
® Bores will be provided to determine pavement recommendations only. This
S cope of Services does not include geotechnical testing analysis or
recommendations to address erosion control measures This will be considered
Additional Services.
® 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. For purposes of this Scope of Services, up to
three bores will be provided.
® 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.
3.3 Constructability Review
0
P rior to the 60 percent review meeting with the CITY, the ENGINEER shall
schedule and attend a project site visit with the CITY Project Manager and
Construction personnel to walk the project. The ENGINEER shall summarize the
CITY s comments from the field visit and submit this information to the CITY in
writing.
3.4 Traffic Control Plan
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 6of16
® Develop a traffic control plan utilizing standard traffic reroute configurations
posted as `Typicals' on the CITY s Buzzsaw website. The typicals need not be
sealed individually, if included in the sealed contract documents.
® Develop supplemental traffic control drawings as needed for review and approval
by the Traffic Division of the Transportation and Public Works Department.
These drawings shall be sealed by a professional engineer registered in the
State of Texas.
3.5 Stakeholder Meeting (Advisory Committee Meeting)
® ENGINEER will meet CITY representatives to present the 60% plans and obtain
comments (prior to the Stakeholder Meeting).
® ENGINEER will prepare for and attend meeting. This includes the preparation of
up to two color, aerial exhibits showing the proposed improvements
® ENGINEER will address the 60% comments before preparing the 95% plans.
ASSUMPTIONS
® These tasks are intended to be for a 60% submittal, which is slightly more than
the project being half way complete.
All storm water calculations and design shall conform to the current CITY iSWM
Criteria Manual for Site Development and Construction..
® Traffic Control "Typicals' will be utilized to the extent possible. It is assumed an
additional two (2) project specific traffic control sheets will be developed.
® Two (2) copies of the geotechnical report will be delivered to the CITY.
® Up to five (5) full size (22"x34") or half size (11 "x17") plan sets will be delivered
for Utility Clearance.
® Up to two (2) full size (22"x34") or half size (11"x17") plan sets will be delivered
for Constructability Review.
® Up to five (5) full size (22"x34") or half size (11"x17") drawings will be delivered
for Preliminary Design.
® DWF files created from design CAD drawings will be uploaded to the designated
project folder in Buzzsaw.
® All submitted documents and checklists will also be uploaded to the designated
project folder in Buzzsaw.
® Geotechnical analysis, such as global stability analysis and recommendations for
erosion control measures, is not included in this Scope of Services. It will be
considered Additional Services for the geotech to recommend erosion control
solutions.
® ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Design Development Design plans.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 7 of 16
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5)
If the CITY fails to make payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
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
® Design or modifications of existing water and/or sewer lines will be considered
Additional Services.
® Design modifications to existing box culverts will be considered Additional
S ervices.
® Design of gabion walls, baskets, concrete walls, articulated block walls, gravity
walls or sloped channel treatments is considered to be be considered Additional
S ervices.
DELIVERABLES
A. Design Development drawings
B. Preliminary iSWM Checklist
C. Geotechnical Report
D. Documentation of key design decisions (Project Decision Log)
E Estimates of probable construction cost
F. Traffic Control Plans
TASK 4. FINAL DESIGN (95 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS
(100 PERCENT).
Upon approval of the Design Development plans, ENGINEER will prepare construction
plans as follows:
® Preparation of specifications and bidding documents for the project.
® Final draft construction plans and specifications included iSWM Construction Plan shall
be submitted to CITY per the approved Project Schedule.
® Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site
Development and Construction.
® The ENGINEER shall submit a final design estimate of probable construction cost with
the final design plans submitted. This estimate shall use ONLY standard CITY bid items.
® Following a 95% construction plan review meeting with the CITY, the ENGINEER shall
submit Final Plans (100%) to the CITY per the approved Project Schedule Each plan
sheet shall be stamped dated and signed by the ENGINEER registered in State of
Texas.
ASSUMPTIONS
® All storm water calculations and design shall conform to the current CITY iSWM Criteria
Manual for Site Development and Construction.
® Up to five (5) half size (11"x17") and up to five (5) full size (22"x34") drawings and
specifications will be delivered for the 90% design.
® A DWF file for the 95% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 8 of 16
® Up to five (5) half size (11"x17") and up to five (5) full size (22"x34") drawings and
specifications will be delivered for the 100% design.
® A DWF file for the 100% Design will be created from design CAD drawings and will be
uploaded to the project folder in Buzzsaw.
® It is anticipated the following sheets will be included in the plan set:
gilMi
ilEi
illiMIRM
Cover Page (1 Sheet)
General Notes (1 Sheet)
Dimensional Control (1 Sheets)
Erosion Control Plan (2 Sheets)
Typical Sections (part of roadway sheets)
Roadway Plan and Profile Sheets (6 Sheets)
S ignage and Pavement Marking Sheets (included on Paving Sheets, use existing
signage where possible)
P lan and Profile Sheet showing design to address ponding water (2 sheets)
P lan and Profile Sheet showing design to address erosion control issues (1 sheet)
Traffic Control Sheet (2 Sheets, TxDOT/City Details)
Standard Details (6-10 Sheets)
Other Details (2-4 Sheets)
DELIVERABLES
A. 95% construction plans specifications.
B. 100% construction plans and specifications.
C. Final iSWM Checklist
D. Grading Permit
E Floodplain Permit
F. Documentation of key design decisions (Project Decision Log).
G. 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
H. Original cover mylar for the signatures of authorized CITY officials.
TASK 5. BIDDING PHASE SERVICES
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 9 of 16
ENGINEER will provide survey support as follows. For purposes of developing a
professional fee for this Scope of Services, the Bidding Phase Services fee is based upon
15 hours of effort. Exceeding the 15 hours will be considered Additional Services.
5.1 Bidding Phase Services
® ENGINEER will assist the CITY in answering contractor's questions, assist in issuing
addendums, and making clarifications to the plans and specifications.
® Providing additional copies of the final plans and specifications during the bidding
phase will be considered Additional Services.
® Attending pre -bid meetings
® Coordination with franchise utilities will be considered Additional Services.
TASK 6. CONSTRUCTION PHASE SERVICES
ENGINEER will provide survey support as follows. For scoping purposes it is assumed that
construction may take up to six months and the professional fee provided is for
approximately ten hours per month for a total of 60 hours Exceeding the budgetary time of
60 hours will be considered Additional Services.
6.1 Construction Phase Services
® ENGINEER will perform limited Construction Phase Services which may include the
following tasks:
o Pre -Construction Conference. ENGINEER will conduct [or attend] a Pre -
Construction Conference prior to commencement of Work at the Site.
o Visits to Site and Observation of Construction ENGINEER will provide on -
site observation services during the construction phase. ENGINEER will
make visits at intervals as directed by CITY in order to observe the progress
of the Work. Such visits and observations by ENGINEER are not intended to
be exhaustive or to extend to every aspect of Contractor's work in progress.
Observations are to be limited to spot checking, selective measurement, and
similar methods of general observation of the Work based on ENGINEER's
exercise of professional judgment. Based on information obtained during
such visits and such observations, ENGINEER will evaluate whether
Contractor's work is generally proceeding in accordance with the Contract
Documents, and ENGINEER will keep CITY informed of the general progress
of the Work.
The purpose of ENGINEER's site visits will be to enable ENGINEER
to better carry out the duties and responsibilities specifically assigned
in this Agreement to ENGINEER, and to provide CITY a greater
degree of confidence that the completed Work will conform in general
to the Contract Documents. ENGINEER shall not, during such visits
or as a result of such observations of Contractor's work in progress,
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 10 of 16
supervise, direct, or have control over Contractor's work, nor shall
ENGINEER have authority over or responsibility for the means
methods techniques, equipment choice and usage, sequences
schedules, or procedures of construction selected by Contractor, for
safety precautions and programs incident to Contractor's work, nor for
any failure of Contractor to comply with laws and regulations
applicable to Contractor's furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure to
furnish and perform its work in accordance with the Contract
Documents.
o Recommendations with Respect to Defective Work. ENGINEER will
recommend to CITY that Contractor's work be disapproved and rejected
while it is in progress if, on the basis of such observations, ENGINEER
believes that such work will not produce a completed Project that conforms
generally to Contract Documents
o Clarifications and Interpretations ENGINEER will respond to reasonable and
appropriate Contractor requests for information and issue necessary
clarifications and interpretations of the Contract Documents to CITY as
appropriate to the orderly completion of Contractors work. Any orders
authorizing variations from the Contract Documents will be made by CITY.
o Change Orders ENGINEER may recommend Change Orders to CITY, and
will review and make recommendations related to Change Orders submitted
o r proposed by the Contractor.
o Shop Drawings and Samples ENGINEER will review and approve or take
other appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance with the
information given in the Contract Documents. Such review and approvals or
other action will not extend to means, methods techniques, equipment
choice and usage, sequences, schedules, or procedures of construction or to
related safety precautions and programs.
o Substitutes and "or -equal. ' Evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor in
accordance with the Contract Documents, but subject to the provisions of
applicable standards of state or local government entities.
o Inspections and Tests. ENGINEER may require special inspections or tests
of Contractor's work as ENGINEER deems appropriate, and may receive and
review certificates of inspections within ENGINEER's area of responsibility or
of tests and approvals required by laws and regulations or the Contract
Documents ENGINEER's review of such certificates will be for the purpose
of determining that the results certified indicate compliance with the Contract
Documents and will not constitute an independent evaluation that the content
o r procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents ENGINEER shall be entitled to rely
o n the results of such tests and the facts being certified.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 11 of 16
o Disagreements between CITY and Contractor. ENGINEER will, if requested
by CITY, render written decision on all claims of CITY and Contractor relating
to the acceptability of Contractor's work or the interpretation of the
requirements of the Contract Documents pertaining to the progress of
Contractor's work. In rendering such decisions, ENGINEER shall be fair and
n ot show partiality to CITY or Contractor and shall not be liable in connection
with any decision rendered in good faith in such capacity.
o Applications for Payment. Based on its observations and on review of
applications for payment and accompanying supporting documentation,
ENGINEER will determine the amounts that ENGINEER recommends
Contractor be paid. Such recommendations of payment will be in writing and
will constitute ENGINEER's representation to CITY, based on such
o bservations and review, that, to the best of ENGINEER's knowledge,
information and belief, Contractor's work has progressed to the point
indicated and that such work -in -progress is generally in accordance with the
Contract Documents subject to any qualifications stated in the
recommendation. In the case of unit price work ENGINEER's
recommendations of payment will include determinations of quantities and
classifications of Contractor's work, based on observations and
measurements of quantities provided with pay requests.
By recommending any payment, ENGINEER shall not thereby be
deemed to have represented that its observations to check
Contractor's work have been exhaustive, extended to every aspect of
Contractor's work in progress, or involved detailed inspections of the
Work beyond the responsibilities specifically assigned to ENGINEER
in this Agreement. It will also not impose responsibility on ENGINEER
to make any examination to ascertain how or for what purposes
Contractor has used the moneys paid on account of the Contract
Price, nor to determine that title to any portion of the work in progress,
materials, or equipment has passed to CITY free and clear of any
liens, claims, security interests, or encumbrances, nor that there may
not be other matters at issue between CITY and Contractor that might
affect the amount that should be paid.
o Substantial Completion. ENGINEER will, promptly after notice from
Contractor that it considers the entire Work ready for its intended use, in
company with CITY and Contractor, conduct a site visit to determine if the
Work is substantially complete. Work will be considered substantially
complete following satisfactory completion of all items with the exception of
those identified on a final punch list. If after considering any objections of
CITY, ENGINEER considers the Work substantially complete, ENGINEER
will notify CITY and Contractor
o Final Notice of Acceptability of the Work. ENGINEER will conduct a final site
✓ isit to determine if the completed Work of Contractor is generally in
accordance with the Contract Documents and the final punch list so that
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 12 of 16
ENGINEER may recommend, in writing final payment to Contractor.
Accompanying the recommendation for final payment, ENGINEER shall also
provide a notice that the Work is generally in accordance with the Contract
Documents to the best of ENGINEER's knowledge, information and belief
based on the extent of its services and based upon information provided to
ENGINEER upon which it is entitled to rely.
o Limitation of Responsibilities ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or of any of their subcontractors,
suppliers, or of any other individual or entity performing or furnishing the
Work ENGINEER shall not have the authority or responsibility to stop the
work of any Contractor.
TASK 7. RIGHT OF WAY/EASEMENTS-NOT INCLUDED
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, 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 culverts will be surveyed including flowline elevations.
® 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).
ASSUMPTIONS
® Survey limits will be limited to 10 feet beyond the edge of existing roadway
pavement. This limit may extend beyond 10 feet in the area where the new
roadway will be shifted to the west to avoid erosion control issues within
Sycamore Creek.
® This Scope of Services does not include construction staking. It will be
considered Additional Services.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 13 of 16
® Survey of Sycamore Creek will be considered Additional Services.
® SUE survey will be considered Additional Services.
DELIVERABLES
A. Copies of field survey data and notes signed and sealed by a licensed surveyor.
B. Drawing of the project layout with dimensions and coordinate list.
TASK 9. PERMITTING.
ENGINEER does not guarantee the issuance of permits or approvals. If permits are issued
for this project, the conditions and expiration dates are the sole responsibility of the CITY.
ENGINEER is not responsible for extending time limited entitlements or permits ENGINEER
can provide services to file for extensions, if applicable, provided the CITY issues a direct
written request for each requested entitlement, prior to the dates of expiration. Services
provided as part of this Scope of Services include the following:
9.1. iSWM Submittals and Checklist
® The ENGINEER will prepare necessary iSWM submittals and checklist as
required by the CITY's criteria.
9.2 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 an Erosion Control Plan for the project. The SWPPP will be considered a
bid item which will be prepared by the contractor
9.3. Floodplain Services
Submitting forms/applications for CITY review to obtain a floodplain permit
• Responding to CITY's comments
9.4. Grading Permit
® Submitting forms/applications for CITY review to obtain a grading permit
® Responding to CITY's comments
ASSUMPTIONS
® Permit preparation will begin after approval of the Design Development Design.
® This Scope of Services does not include coordination or permitting activities with
any Federal or State agency.
® One meeting is assumed to occur with preparing and filing for the Floodplain
permit.
® Preparation of a CLOMR/LOMR or other hydraulic analyses will be considered
Additional Services.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 14 of 16
DELIVERABLES
A. An iSWM Construction Plan according to the current CITY iSWM Criteria Manual
for Site Development and Construction to be incorporated into the SWPPP by the
contractor.
B ENGINEER will prepare a Floodplain Permit in accordance with CITY criteria.
C ENGINEER will prepare a Grading Permit in accordance with CITY criteria.
TASK 10. PLAN SUBMITTAL CHECKLISTS AND ADDITIONAL SERVICES
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTA _ CHECKLIST REQUIREMENTS
Traffic
Attachment "A" Signal
Type (Submit All
@ 30%)
Street X
Storm Water
Water / Sewer
*If included in street project
Storm
Water
30%
Storm
Water
60%
Street
Lights
(Submit
All @
30%
X
Water
/Sewer
(Submit
All @
60%)
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
ADDITIONAL SERVICES NOT INCLUDED IN THE 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:
o Preparation and attendance of Additional Meetings;
o Preparation and attendance of Public Meeting;
o Preparation of easement/right of way documents;
o Negotiation of easements or property acquisition.
o Services related to development of the CITY's project financing and/or budget.
o Services related to disputes over pre -qualification, bid protests bid rejection
and re -bidding of the contract for construction.
o Construction management and inspection services
o Performance of materials testing or specialty testing services.
o Services necessary due to the default of the Contractor.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 15 of 16
® Services related to damages caused by fire, flood, earthquake or other acts of
God.
® Services related to warranty claims, enforcement and inspection after final
completion.
® Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
® Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 16 of 16
ATTACHMENT B
COMPENSATION
Design Services for
Cobb Park Drive Roadway and Site Drainage Improvements
City Project No. 02164
Lump Sum Project
I. Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $ 79,000 as
summarized in Exhibit B 1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total lump sum fee shall be considered full compensation for
the services described in Attachment A, including all labor materials, supplies,
and equipment necessary to deliver the services.
The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
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.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER
111. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Transportation and Public Works Department monthly progress reports and
schedules in the format required by the City.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 3
B-1
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
P rime Consultant
Kimley-Horn
P rimary Responsibility
P rofess Engineering
P roposed MBE/SBE Sub -Consultants
Gorrondona
CMJ Engineering, Inc.
S urvey
Geotech
N on-MBE/SBE Consultants
Project Number & Name
Cobb Park Drive Roadway and Site
Drainage Improvements
TOTAL
Total Fee
$79,000
Fee Amount
$66,000
$10,000
$3,000
$79,000
OA
83.54
12.66
3.80
100%
MBE/SBE Fee MBE/SBE
010
$13,000 16.46%
City MBE/SBE Goal = 16% Consultant Committed Goal =16%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 3
B-2
EXHIBIT ` B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8,09,2012
Page 3 of 3
Proiessdonafl Services Payment Request Project Manager: Scott Penn
Project: 1Cobb Park Drive Roadway and Site Drainage lmprovl
City Project #: 102164
City Sec Number:
Company Name: IKimley-Horn and Associates, Inc.
Consultant's PM:
Vendor invoice #:
Payment Request #:
From Date:
To Date:
Invoice Date:
Sheet
Work Type 1
Work Type 2
Work Type 3
Work Type 4
Work Type 5
Work Type 6
Misty Christian, P.E.
Consultant Instructions:
Summary
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
email: I misty.christianOKimlev-Horn.com 1
Office Addresslsuite 275, 2201 West Royal Lane, Irving, Texas 7563
Telephone: 1214-420-5600
Fax: 1214-420-5680
Remit Address
FAC and Work Type Description
Totals This Payment Request
LOCK
UNLOCK
Agreement
Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Amount Amount Date Amount Completed Previously Invoice Balance
Overall Percentage Complete:
EXHIBIT "B-2"
(SUPPLEMENT TO ATTACHMENT B)
Cobb Park Roadway and Site Drainage Improvements
HOURLY RATE SHEDULES
A summary of current hourly billing rates is provided below:
Senior Professional I
Senior Professional II
Professional
Designer
Technical Support
Clerical
$180 — $220
$135— $175
$75— $120
$110 — $125
$60 — $105
$60 $80
EXHIBIT "B-2"
Page 1 of 1
EXHIBIT "B-3'
(SUPPLEMENT TO ATTACHMENT B)
Design Services for
Cobb Park Drive Roadway and Site Drainage Improvements
City Project No. 02164
PROFESSIONAL SERVICES FEE SUMMARY
TASK
Task 1 * Design Management
Task 2: Conceptual Design
Task 3: Preliminary Design
Task 4: Final Design
Task 5: Bid Phase Services
Task 6: Construction Phase Services
Task 7: ROW/Easement Services -NOT INCLUDED IN
THIS PROJECT
Task 8 Survey Services
Task 9. Permitting
Task 10: Plan Submittal Checklists and Additional
Services
SERVICE TOTAL
FEE
$12,000
$18,000
$18,000
$7,650
$2,125
$8,225
$0
$10,000
$3,000
$0
$79,000
EXHIBIT 'B-3"
Page 1 of 1
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Cobb Park Drive Roadway and Site Drainage Improvements
City Project No. 02164
There are no changes to the Standard Agreement.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ID
1
2
3
4
5
6
7
8
9
10
11
0
(Task Name
.Project Management
Contract
Submittal/Review
Contract Award/NTP
Kick-off Meeting
Schematic Design
City Review
Duration
36 days
89 days
Start
Finish
Fri 4/12/13 Fri 5/31/13
Mon 8/5/13 Thu 12/5/13
1 day Thu 12/5/13 Thu 12/5/13
(Predecessors
1 day? Mon 12/9/13 Mon 12/9/13
45 days Mon 12/9/13 Fri 2/7/14
7 days Mon 2/10/14 Tue 2/18/14
Design Development
City Review
Final Design
City Review
Final Submittal
Project: Project2
Date: Sun 8/4/13
Task
Split
Milestone
30 days Wed 2/19/14 Tue 4/1/14
5 days Wed 4/2/14 Tue 4/8/14
30 days Wed 4/9/14 Tue 5/20/14
5 days Wed 5/21/14 Tue 5/27/14
5 days Wed 5/28/14 Tue 6/3/14
Summary
Project Summary
External Tasks
ueust II Se�tember I October I November II December 'January FebruarvlMarch I A ril Mav
8/4 I8/11I8/18I8/25I 9/119/8 �9/15+,9/22I9/29I10/61.0/110/2�.0/2111/31.1/16.1/1�.1/2112/1I12/812/14.2/2.2/2� 1/5 I1/12I1/19I1/26 2/212/912/1612/2313/2 13/9 I3/16I3/2313/3� 4/6 I4/1314/2004/27I 5/415/11I5/18I5/25
I ... i..1.. _ . i .. e . it. .. _e I e .
External Milestone
Inactive Task
Inactive Milestone
Page 1
.. .... .. .. _.. ._...
Inactive Summary
Manual Task
Duration -only
Manual Summary Rollup osnomanim Finish -only
Manual Summary 0 ow Deadline
Start -only C Progress
7
June.
6.'1I(
1
E 19
Kimley-Horn
and Associates, Inc.
September 18, 2013
Mr. James P. Sappington IV, P.E.
CMJ Engineering, Inc.
7636 Pebble Drive
Fort Worth, Texas 76118
Re: Cobb Park Drive Roadway and Site Drainage Improvements
Dear Mr. Sappington IV:
Kimley-Horn and Associates, Inc. intends to contract with CMJ Engineering,
Inc., for MWBE SERVICES on the referenced City of Fort Worth project.
Kimley-Horn and Associates, Inc. intends to contract $3,000 to your firm for
providing geotechnical engineering services as described in Task 3.2 of the
(attached) "ATTACHMENT 'A', Scope for Engineering Design Related
Services for the Parks and Community Services Department" for the referenced
project. Please acknowledge this commitment by signing below and
returning an original to me.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Misty Christian, P.E.
Project Manager
Attachment: Attachment A
James P. Sappington IV, P.E.
CMJ Engineering, Inc.
TEL 214 420 5600
FAX 214 420 5680
Date
■
Suite 275
2201 West Royal Lane
Irving, Texas
75063-3206
Kimley-Horn
and Associates, Inc.
September 18, 2013
Mr. Truett Wilson
Gorrondona & Associates, Inc.
6707 Brentwood Stair Road, Ste. 50
Fort Worth, Texas 76112
Re: Cobb Park Drive Roadway and Site Drainage Improvements
Dear Wilson:
Kimley-Horn and Associates, Inc. intends to contract with Gorrondona &
Associates, Inc., for MWBE SERVICES on the referenced City of Fort Worth
project. Kimley-Horn and Associates, Inc. intends to contract $10,000 to your
firm for providing geotechnical engineering services as described in Task 8.1 of
the (attached) "ATTACHMENT 'A', Scope for Engineering Design Related
Services for the Parks and Community Services Department" for the referenced
project. Please acknowledge this commitment by signing below and
returning an original to me.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
OLAstles\s\erm
Misty Christian, P.E.
Project Manager
Attachment: Attachment A
Truett Wilson
Gorrondona & Associates, Inc.
■
TEL 214 420 5600
FAX 214 420 5680
Date
■
Suite 275
2201 West Royal Lane
Irving, Texas
75063-3206
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Cobb Park Drive Roadway
and Site Drainage Improvements
Project Location Map
Legend
Limits of Prop Improvements
Creek
FEMA Eloodplain
r A
AE
Tarrant Roads
1 h = 50D feet
Project Location
MABLE
1
Kirniey-Horn
and Associates, Inc.
FIRM REGISTRATION F-928