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Contract 42664
CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. AUbA STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and HDR Engineering, Inc., authorized to do business in Texas, (the "ENGINEER "), for a PROJECT generally described as: Washington Heights Storm Drain 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 is 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. (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 AGRF:F: E TjjAtj}, City of Fort Worth. Texas I "!',t Standard Agreement for Engineering Related Design Services 0I' F � 7 , ��, R. ;� , PMO Official Release Date 7 22 2011 Page 1 of 14 CITY .: TAKY f 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. (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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 2 of 14 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and /or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 3 of 14 (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that 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 and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 15530, as amended, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its accepted written commitment to M/WBE participation. Any misrepresentation of facts (other than a negligent City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 4 of 14 misrepresentation) and /or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 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 City of Fort Worth Texas insurance shall apply as primary insurance with respect to any other , Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22.2011 Page 5 of 14 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 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 6 of 14 (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non - payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first- dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 7 of 14 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to /of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants /subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and /or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Offic al Release Date 7 22 2011 Page 8 of 14 changes in the permitting authorities' published design criteria and /or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City- Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, 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. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 9 of 14 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. 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 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. City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 10 of 14 (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. 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 City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 11 of 14 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; 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' personnel and subcontractors, and ENGINEER's compensation will be made. City of Fort Worth. Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 12 of 14 F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 13 of 14 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 Executed and effective this the 1' 0 1$sf City Secretary 0 APPROVED AS TO FORM AND day of D ecerm beX , 2011. m"WQZL Egftp 4a.CITY OF FORT WORTH �W Yi� ' a Fernando Costa *� Assistant City Manager APPROVAL RECOMMENDED C bj By:-Awl By: Douglas W. Black Douglas 4 Wiersig,P.E. Assistant City Attorney Director, Transportation / Public orks M &C No.: C - Z 5- /1 ( M &C Date: q - Z � - 11 City of Fort Worth Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date 7 22 2011 Page 14 of 14 HDR Engineenn By: Dennis Schulze, P.E. Vice President I OFFICIAL I✓ZE(,'',0.RD! CITY SFrt,C- AIZY FT. 4V-7 P, rX ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects Washington Heights Storm Drain Improvements (Meacham Airport Detention Pond) City Project No. 00619 DOE No. 5588 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 Storm water runoff from Meacham Airport (approximately 175 cfs) crosses NW 38th Street and flows into the Washington Heights subdivision, reducing the capacity of the existing storm drain system in the subdivision, causing flooding of residences and historic businesses south of NW 38th Street. In April of 2007 the City authorized a study to identify the primary cause of the flooding problems, and determine which is more cost effective - a detention pond on the Meacham Airport property or capacity improvements to the downstream storm drain system. The study recommended the storm drain capacity improvements, and determined that further pre- design modeling is required to accurately account for overland flooding on the street surface along the studied area of Washington Heights to account for both pressure flow and overland flow. Amendment No. 1 was authorized in January 2010, to develop a dynamic InfoWorks SD model to provide accurate flows and evaluate two alternative horizontal and vertical alignments. The report was finalized and submitted in August 2010. The design of this project is in response to the Engineer's report which recommended these improvements. It is noted, this project will be designed in accordance with the design criteria as published in the City of Fort Worth's "Storm Water Management Design Manual ". This amendment will include the preparation of construction plans and specifications to construct a new parallel storm drain along Houston Street from NW 38th Street to NW 36th Street, along 36th Street from Houston to Main Street, and from Main Street across Commerce and Calhoun Streets to its outfall with Tony's Creek. This additional work will include initial CCTV condition assessment, field survey, Subsurface Utility Engineering, geotechnical investigation, design of the storm drain, laterals and inlets, necessary pavement repairs, coordination with TxDOT to cross Main Street (Business 287), coordination with affected property owners to assist the City with obtaining the required drainage easements, and preparation of traffic control plans and storm water pollution prevention plans. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 1 of 24 Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW /Easement Services Task 8. Survey Services Task 9. Permitting 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 This Task shall include the leadership, management, and direction of the design team; ensure quality and performance of the work; provide for proper internal and external communication, and the allocation of team resources. a. Design Management The project management portion of this contract shall include reimbursable expenses, project team meetings, correspondence, invoicing, schedule, resource and budget tracking, and other project management duties required for the duration of the project. b. Quality Assurance /Quality Control (QA/QC) 1. Prior to submitting deliverables to the CITY, a Senior Engineer shall thoroughly review all plans, specifications, and estimates, as well as other deliverables, for accuracy and completeness using HDR QA/QC established procedures. Documentation of all QA/QC reviews shall be kept in the project files. 2. Periodically throughout the project, the Project Principal shall check with the project manager and CITY staff to discuss the performance of the project team address staffing concerns (if any) and ensure the CITY's needs are being met in accordance with the scope and schedule. c. Team Meetings and Correspondence 1. During the course of the project, the Project Manager will conduct team meetings to discuss the progress of the project, project deliverables, and team assignments. 2. Meetings between the CITY and ENGINEER shall occur as needed. Decisions resulting from such meetings shall be documented and kept in the project files. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 2 of 24 3. The ENGINEER shall prepare notes and correspondence as needed so as to maintain a documentation of project related conversations, decisions and CITY direction that takes place during the duration of the project. d. Team Resource Allocation The ENGINEER shall assign the team members necessary to complete the project. The Team shall as a minimum include the Project Manager, Project Engineer, and a Design EIT. Additional Staff will be assigned as needed and /or as directed by the Project Manager. 2. The Project Manager shall be responsible for the leadership, management, and direction of the design team. He shall also be responsible for the communication with the CITY. 1.2. Communications and Reporting a. 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. b. Conduct and document monthly project update meetings with CITY Project Manager. c. Conduct review meetings with the CITY at the end of each design phase. d. Conduct and document biweekly design team meetings. e. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. f. Prepare and submit monthly progress reports in the format provided by the respective CITY Department. g. 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. h. Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design.With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub - consultants shall carry readily visible information identifying the name of the company and the company representative. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 3 of 24 All reimbursable expenses shall be billed qualify under this category are travel shipping, printing and reproduction. 1.3 Sub - Consultant Coordination as part of the contract. Expenses that associated with the project, overnight This Task includes the coordination of work performed by a Sub - Consultant: a. The ENGINEER shall prepare subcontract documents outlining scope and fee requirements for the Sub - Consultant's portion of the project. b. The ENGINEER shall review Sub - Consultant deliverables to ensure they comply with project standards and requirements. ASSUMPTIONS For this Task, the following assumptions and /or exceptions are adopted: a. This Task assumes 1 pre- design, or kickoff, meeting and twelve (12) project update meetings, in addition to the Project Review meetings at the completion of each design phase. It is assumed the Project Manager, the Project Engineer and /or the Project EIT will attend each of these meetings. b. This Task assumes HDR QA/QC procedures will be utilized for this work. DELIVERABLES For this Task, the following deliverables will be provided: 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 TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 4 of 24 2.1 Data Collection a. In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. b. The following is applicable at all locations that require water service line replacement: The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. c. Conduct a site walk- through to review the existing conditions, take photographs and document any items that may impact design or construction of the project. d. Perform Closed Circuit Television (CCTV) inspection of the existing 54 "760 "/66" storm drain main line from the intersection of Clinton Street and 38th Street downstream to 36th Street, and of the 42 "/66 "72 "778" storm drain main line from the intersection of Houston Street and 36th Street downstream its outfall to Tony's Creek, including a full PACP rating. 2.2 Drainage Computations a. ENGINEER will delineate the watershed based on contour data and field verification and document existing street, right -of -way and storm drain capacities for the subject site. A drainage area map will be drawn at maximum 1" = 200' scale from available 2 -foot contour data with the countours labeled. Data source and year will be provided by the CITY. Calculations regarding street and right -of- way capacities and design discharges (5 -year and 100 -year frequencies) at selected critical locations will be provided. Capacities of existing storm drain will be calculated and shown. All calculations shall conform to CITY criteria delineated in the CITY's Storm Water Management Design Manual. All locations in the project area where 100 -year runoff exceeds available storm drain and right -of -way capacities shall be clearly identified. The ENGINEER's responsibility includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards. b. The ENGINEER shall update the hydraulic model (InfoWorks SD) that was developed during the study phase of this project (Described in the Washington Heights Stormwater Utility Project Alternative Analysis Report, City Project # 00619, August 2010) to reflect the storm drain plan and profiles, and cross sectional geometries of the Tony's Creek channel at 30 %, 60 %, 90 %, and 100% design levels to ensure that the objective of flood control is maintained throughout the design. 2.3 Pollutant Removal PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 5 of 24 Where feasible, ENGINEER will design new flood control structures to provide pollutant removal from storm water. 2.4 Subsurface Utility Engineering Provide Subsurface Utility Engineering (SUE) to Quality Level B as described below. The SUE shall be performed in accordance with Cl/ASCE 38 -02. Quality Level D • Conduct appropriate investigations (e.g., owner records, County /CITY records, personal interviews, visual inspections, etc.), to help identify utility owners that may have facilities within the project limits or that may be affected by the project. • Collect applicable records (e.g., utility owner base maps, "as built" or record drawings, permit records, field notes, geographic information system data, oral histories, etc.) on the existence and approximate location of existing involved utilities. • Review records for: evidence or indication of additional available records; duplicate or conflicting information; need for clarification. • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets, electronic files, and /or other documents as required. Exercise professional judgment to resolve conflicting information. For information depicted, indicate: utility type and ownership; date of depiction; quality level(s); end points of any utility data; line status (e.g., active, abandoned, out of service); line size and condition; number of jointly buried cables; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features, from project topographic data and from field observations, that are surface appurtenances of subsurface utilities. • Include survey and correlation of aerial or ground- mounted utility facilities in Quality Level C tasks. • Survey surface features of subsurface utility facilities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): determination of invert elevations of any manholes and vaults; sketches showing interior dimensions and line connections of such manholes and vaults; any surface markings denoting subsurface utilities, furnished by utility owners for design purposes. • Exercise professional judgment to correlate data from different sources, and to resolve conflicting information. • Update (or prepare) plan sheets, electronic files, and /or other documents to reflect the integration of Quality Level D and Quality Level C information. • Recommend follow -up investigations (e.g., additional surveys, consultation with utility owners, etc.) as may be needed to further resolve discrepancies. • 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) PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 6 of 24 • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface utilities within the project limits, and /or to trace a particular utility line or system. • Based on an interpretation of data, mark the indications of utilities on the ground surface for subsequent survey. Utilize paint or other method acceptable for marking of lines. • Unless otherwise directed, mark centerline of single- conduit lines, and outside edges of multi- conduit systems. • Resolve differences between designated utilities and utility records and surveyed appurtenances. • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods, exploratory excavation, or upgrade to Quality Level A data. • As an alternative to the physical marking of lines, the ENGINEER may, with CITY's approval, utilize other means of data collection, storage, retrieval, and reduction, that enables the correlation of surface geophysical data to the project's survey control. 2.5 The Conceptual Design Package shall include the following: a. Written summary of three alternative alignments from the intersection of 36th Street and Main Street to the intersection of Commerce Street and 35th Street for the CITY's consideration, strengths and weaknesses of each including required right -of -way, utility conflicts, TxDOT coordination and the potential to bore under Main Street, and the rationale for selecting the recommended alignment. The summary shall also include the recommended alignment for crossing the Northside 24" Transmission Main (N -1) along Houston Street between 38th Street and 37th Street. b. Cover sheet. c. Drainage area map with supporting drainage computations in the CITY's standard tabular format. d. SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. e. Horizontal alignment (excluding profiles) of proposed storm water improvements, including existing lot layout, , streets, street right -of -way, proposed easements, and existing utilities gathered during the SUE within the project limits. f. Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrative form. g. Documentation of key design decisions (Project Decision Log). h. Estimates of probable construction cost. ASSUMPTIONS a. Unless otherwise noted for specific purposes, this work assumes a SUE Quality Level B investigation will be performed. A higher level SUE is not considered as PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 7 of 24 a part of this scope and will be performed as additional work should one be requested. b. This scope of service does not anticipate the relocation of sanitary sewer main and /or service lines. Should they be required, it shall be considered as an additional service. c. This scope of service anticipates the relocation of the 6" water main in Houston Street from 38th Street to 36th Street and associated service lines. Should any additional water line relocations be required, it shall be considered additional services. d. All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. e. The SUE and SUE plan sheets shall be in accordance with CI /ASCE 38 -02. f. Seven (7) copies of the conceptual design package will be delivered. Drawings will be half size (11" x 17 "). g. DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw h. ENGINEER shall not proceed with Preliminary Design activities without written approval by the CITY of the Conceptual Design Package. Due to the location of this project, the pollutant removal task is assumed to be limited to discussions on potential modifications to capture floatables or gross pollutants. DELIVERABLES For this Task, the following deliverables will be provided: a. Conceptual Design Package and electronic files in Adobe Acrobat PDF Format (Version 6.0 or higher). TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1 Development of Preliminary Design Drawings shall include the following: a. Cover Sheet. b. Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the City of Fort Worth Storm Water Management Design Manual, March 2006. c. 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 PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 8 of 24 (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). d. Overall project easement layout sheet(s). e. SUE plan drawings. f. 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. g. No less than two bench marks per plan /profile sheet. h. 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. i. 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. k. 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 lines to the relocated main m. 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 PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 9 of 24 design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. n. Station equations relating utilities to paving, when appropriate. o. 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. p. Channel plan and profile drawings shall include existing channel centerline, existing left and right top of channel bank, proposed top of channel backs, and 100 year water surface profile. q. 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. 1.) 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. 3.2 Geotechnical Investigation /Pavement Design a. 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. b. 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 PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 10 of 24 a. Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4 Public Meeting a. After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall coordinate with CITY GIS staff to identify affected property owners /residents and develop a spreadsheet listing addresses of those to invite to the public meeting. 3.5 Utility Clearance a. 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. b. The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.6 Traffic Control Plan a. 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. b. 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. ASSUMPTIONS a. All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. b. Ten (10) borings at an average bore depth of 25 feet each will be provided. c. Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional four (4) project specific traffic control sheets will be developed. d. Four (4) copies of the geotechnical report will be delivered to the CITY. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 11 of 24 e. Sets of plans for Utility Clearance will be distributed via Buzzsaw. f. Four (4) sets of half size 11" x 17" plans will be delivered for Constructability Review. g. Nine (9) sets of half size 11" x 17" drawings will be delivered for Preliminary Design review. h. DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw. i. ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES For this Task, the following deliverables will be provided: a. Preliminary Design drawings b. Digital files for Utility Clearance (.pdf and .dwg) c. Geotechnical Report d. Documentation of key design decisions (Project Decision Log) e. Estimates of probable construction cost f. Public Meeting exhibits g. Traffic Control Plans TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. 90 % Plans and Specifications a. Final draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. b. 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. 4.2. 100 % Plans and Specifications a. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100 %) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS PMO Release Date. 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 12 of 24 a. All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006 b. Eight (8) half size 11" x 17" sets of drawings and eight (8) sets of specifications will be delivered for the 90% design. c. A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. d. Eight (8) half size 11" x 17" sets of drawings and eight (8) sets of specifications will be delivered for the 100% design. e. A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. DELIVERABLES For this Task, the following deliverables will be provided: a. 90% construction plans and specifications. b. 100% construction plans and specifications. c. Documentation of key design decisions (Project Decision Log). d. 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. e. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support a. The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. 1. Contract documents shall be uploaded in a .xIs file. 2. 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. 3. 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 Awf 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. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 13 of 24 b. 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. c. 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. d. Attend the prebid conference in support of the CITY. e. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. f. 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. g. Attend the bid opening in support of the CITY. h. 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 is to be uploaded into the project's Bid Responses folder on Buzzsaw. i. Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. j. Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS a. The project will be bid only once and awarded to one contractor. b. Twenty (20) sets of conformed plans and specifications will be delivered to the CITY and made available on Buzzsaw. The twenty (20) sets of plans shall consist of ten 10 full size 22" x 34" and ten 10 half size 11" x 17" drawings. c. PDF and DWF files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. Recommendation of award D. Conformed construction documents TASK 6. CONSTRUCTION PHASE SERVICES. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 14 of 24 ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support a. The ENGINEER shall attend the preconstruction conference b. After the pre- construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in Buzzsaw. d. 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. e. The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings a. The ENGINEER shall prepare record drawings from information submitted by the inspector and /or Contractor. The drawings shall be submitted as full size (22" x 34 ") mylar drawings. b. 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- OO53_org3.pdf and K- O32O_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" PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 15 of 24 designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X- 12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's 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. ASSUMPTIONS a. This scope of services estimates a schedule of construction of 12 months, and assumes one (1) site visit per month during construction, with 2 additional visits to occur as needed for a total of 14 site visits. Each site visit will include the Project Manager or his designate. b. For shop drawing review, this scope of service assumes a maximum of 2 hours of the Project Manager's time, 4 hours of the Project Engineer's time and 8 hours of the Project EIT's time. Should additional time be required to review shop drawings, it shall be considered as an additional service. c. This scope of service anticipates a reasonable number of Requests for Information (RFIs), and assumes a maximum of 14 additional hours (2 hours of the Project Manager's time and 12 hours of the Project Engineer's time) to provide necessary interpretation and clarification of the contract documents, preparation and /or review of Change Orders, and the recommendation as to the acceptability of the work. Should any additional time be required to perform these activities, it shall be considered additional services. d. Once construction is complete, the Contractor will provide one full size set of marked up plans to serve as the primary basis for the Record Drawings. 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 PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 16 of 24 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 a. 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. a. The ENGINEER shall prepare documents to be used to obtain right -of -way and permanent and /or temporary easements required to construct the improvements. b. 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 a. 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. b. The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. ASSUMPTIONS a. Right -of -Way research includes review of property /right -of -way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on- ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right -of -way takings, easement vacations and abandonments, right -of -way vacations, and street closures. b. This scope of services estimates that four (4) new drainage easement documents will need to be prepared. If additional drainage easements are required, they will be considered an additional service. c. Only affected land owners will require Temporary Right of Entry letter. 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. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 17 of 24 8.1 Design Survey a. 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. b. The minimum survey information to be provided on the plans shall include the following: i. A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: ii. 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 a. Prior to entering property for field survey, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. b. The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw site. 8.3. Construction Survey a. This scope of work assumes the Construction survey will be performed by the CITY. b. ENGINEER will be available to the CITY on matters concerning the layout of the project during its construction. ASSUMPTIONS a. This scope of work includes establishment of horizontal and vertical control for the project and setting 3 project benchmarks for construction based on the CITY's vertical datum. b. The design survey in Section 8.1.a includes establishment of horizontal and vertical location of existing features within the project limits, including right -of -way lines and property corners, edge of pavement (location and material), top of curb (shot at back of curb), gutter lines, sidewalks, driveways (material), buildings, homes, trees 4" in diameter and larger (size and type), fence lines (size and PMO Release Date: 08127/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 18 of 24 type), signs (include description), utility appurtenances and any other visible surface features within the project limits. c. The design survey in Section 8.1.a also includes the collection of sufficient information (in addition to cross sections) to develop a complete digital terrain model of the project limits by taking additional shots as necessary to define adjacent features. d. The SUE survey includes verification of horizontal and vertical locations of existing public utilities (water, sanitary sewer, storm sewer, electric, gas, and communication). This will be achieved with the Subsurface Utility Engineering (SUE) Level B as described in Section 2.4.c above. Survey shots at inlets and manholes shall include flow line, size and direction of flow for all lines entering or leaving the structure. e. This scope of work includes providing research of the affected properties within the proposed project area. f. This scope of work includes verification of horizontal and vertical locations of existing drainage improvements and easements. Individual parcel maps and /or right of way exhibits are anticipated for this project. g. This scope of work assumes the Construction survey will be performed by the CITY. DELIVERABLES a. Copies of field survey data and notes signed and sealed by a licensed surveyor. b. An AutoCad digital file of the existing features located, property lines, a DTM with 1 -foot contours, property owner data, an ASCII — file of points located and a hardcopy of the field notes and coordinates of points located. 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 a. Since the improvements will disturb an area greater than one (1) acre, ENGINEER will prepare the Storm Water Pollution Prevention Plan ( SWPPP) required for the Project for use by the Contractor during construction. ENGINEER will prepare drawings and details for proposed SWPPP improvement that the Contractor must use during construction. Contractor will be responsible for filing the SWPPP with appropriate regulatory agencies. 9.2. Environmental Services a. Clean Water Act, Section 404 Compliance Delineation of Waters of the U.S. i) HDR environmental scientists will conduct a site visit to delineate waters of the U.S., including wetlands within the project limits. The delineation PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 19 of 24 will be conducted in accordance with the methodology of the 1987 Wetland Delineation Manual as well as the 2008 Draft Supplement for the Great Plains. ii) The delineation effort will include pre -trip evaluation of publically available aerial photography to allow consideration for annual and seasonal variations in water levels. iii) Additionally, the delineation will be conducted using a sub -meter Trimble Geo XT GPS units. iv) The delineation data will be converted to geo- rectified shape files or CADD files to allow overlay grading limits generated in design tasks in order to estimate approximate quantities of fill. b. Permitting Evaluation Based on the delineation and the overlays developed in item a, above, HDR environmental scientists will conduct an evaluation of anticipated Clean Water Act, Section 404 permitting requirements. The intent is to determine if, based on the 30% conceptual designs, the proposed improvements will meet the conditions of a Nationwide Permit (NWP). A permitting summary which includes an overview of the key NWP conditions applicable to the project will be developed for the review by the design team and the CITY. c. Assumptions /Exceptions It is understood that a determination of the applicability of a NWP for this project can not be completed prior to the completion of the preliminary plans. It is further understood the conditions and requirements for the 404 permitting can not be determined until the delineation the Delineation of Waters of the U.S. can be completed and the result evaluated in light of the proposed improvements (i.e. preliminary plans). Therefore, this scope of services assumes that the improvements can be designed to meet the permit conditions of either NWP #3 or NWP #41, and does not include preparation of Pre - Construction Notifications (PCN) or any application process to the USACE. Any work related to a Section 404 permit application will be considered additional services. 9.3. Floodplain Services a. Floodplain permitting and mapping will be completed in accordance with applicable standards, guidelines, and governmental regulations. b. Because the proposed improvements will modify the flows into Tony's Creek, a Floodplain Development permit is anticipated for this project. It is assumed that obtaining this permit will require modifications to the latest HEC -RAS model of Tony's Creek and a memo summarizing the potential impacts. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 20 of 24 c. Because the changes to the 1- percent annual chance regulatory floodplain are anticipated to be minimal, a Conditional Letter of Map Revision (CLOMR) is not anticipated for this project prior to construction. Should a CLOMR be required, it will be considered an additional service. d. Because the changes to the 1- percent annual chance regulatory floodplain are anticipated to be minimal, a Letter of Map Revision (LOMR) is not anticipated for this project after construction is complete. Should a LOMR be required, it will be considered an additional service. 9.4. Texas Department of Transportation (TxDOT) Utilities in Right -of -Way Permit Because Main Street (Business 287) is a TOOT off - system roadway, constructing additional utilities within the TOOT right -of -way will require a TOOT Permit for this project. This scope includes the following activities to obtain this permit. a. Up to three (3) meetings to negotiate and coordinate to obtain approval of the agency issuing the agreement and /or permits. b. Completing all forms /applications necessary. c. Submitting forms /applications for CITY and TxDOT review. d. Submitting revised forms for agency review. e. Responding to agency comments and requests. 9.5. Railroad Permit a. Negotiating and coordinating to obtain approval of a Railroad permit is not anticipated for this project. 9.6. Texas Department of Licensing and Regulation (TDLR) a. Since this project does not construct any new buildings or facilities, and the public streets will be restored to their existing condition, negotiating and coordinating with the TDLR to obtain the Notice of Substantial Compliance is not anticipated for this project. b. Inspection by a TDLR or a TDLR locally approved Registered Accessibility Specialist is not anticipated for this project. 9.7. Cultural Resources Evaluation a. HDR will perform a cultural resources evaluation as required by both Section 106 of the National Historic Preservation Act (NHPA) of 1966 and the Antiquities Code of Texas. Assessment of impacts to cultural resources is required in order to secure a Section 404 permit from the USACE (in order to fulfill General Condition 18 of the NWPs). Since the project is a municipal project, if it impacts greater than five acres or 5,000 cubic yards of ground, it must be conducted in accordance with the Antiquities Code of Texas administered by the Texas Historical Commission (THC). A cultural resource professional that meets the Department of Interior's standard for archaeology will evaluate the project area for historic properties and archaeological resources, and if any are discovered, PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 21 of 24 determine if they are potentially eligibility for listing in the National Register of Historic Places. i. The cultural resources evaluation will include a Texas Archaeological Database search and drafting of Texas Historical Commission (THC) Antiquities permit. ii. Upon the issuance of THC Antiquities Permit, an archaeologist will evaluate the project area with a combination of shovel testing, backhoe trenching and photography. iii. The archaeological survey shovel tests, backhoe trenches and any encountered cultural resources will be mapped with a sub -meter Trimble Geo XT GPS unit. iv. Results of the cultural resource evaluation will be detailed within a written report to be delivered to the THC and the USACE. V. Upon review of the report, THC and the USACE will advise on future actions (if any) to be taken in the case of encountered cultural resources. 9.8. Tree Preservation a. The City of Fort Worth Tree Preservation Ordinance may apply to this project. The project activities will involve the removal of trees for bank stabilization and flood control activities. The project should abide by the regulations of tree preservation ordinance. Consultation and coordination with the city forester will be performed when the impacts to trees are determined. Mitigation for impacts to trees may be necessary if trees must be removed for the project activities. 9.9. Parks Conversion a. Since no portion of the proposed alignment crosses through a City park, a Parks Conversion permit is not anticipated for this project. ASSUMPTIONS a. Permit preparation will begin after approval of the Conceptual Design. b. Ten plan sheets are assumed for the Storm Water Pollution Prevention Plan (SWPPP), along with associated details. c. The only floodplain permitting necessary for this project is the City's Floodplain Development Permit. Any additional CLOMR/LOMR submittal required by the CITY will be completed either as additional work, or under separate contract. d. One TxDOT permit for a single crossing under Main Street (Business 287) is anticipated for this Scope of Services. Additional TxDOT permitting associated with multiple crossings under under Main Street (Business 287) required by the CITY will be completed either as additional work, or under separate contract. e. No Railroad Permits are anticipated for this Scope of Services. f. All cultural resource field activities are dependent upon the timely issuance of a THC Antiquities Permit (within 30 days) from the date of application. g. Any work recommendations agreed upon by the THC and or UASCE to help stabilize, test or mitigate any cultural resources found within the above PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 22 of 24 mentioned initial survey work, would be part of an ADDITIONAL scope and contract for services. This Scope of Services does not include any fees associated with the permit application requirements. DELIVERABLES Deliverables for work related to Task 9.0 of this Scope of Services shall include: a. A permitting summary which includes an overview of the key NWP conditions applicable to the project for the review by the design team and the CITY. b. Upon completion of the cultural resources fieldwork, a draft report detailing the cultural resource results will be forwarded to the CITY for review before submission to the THC and USACE. Upon review and approval of the draft report by the CITY, THC and USACE, a final report will be submitted to CITY, THC and USACE. TASK 10. ADDITIONAL 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: 10.1 Project Meetings a. Meet with property owners and other stakeholders to discuss and /or explain project scope and objectives, as requested by the City. b. Assist and /or facilitate additional meeting(s) (beyond Task 3.4) regarding the proposed improvements and their impacts, as requested by the City. c. Prepare additional exhibits and sketches regarding the proposed improvements, as requested by the City. 10.2 Other Services not included in the existing Scope of Services a. Negotiation of easements or property acquisition. b. Services related to development of the CITY's project financing and /or budget. c. Services related to disputes over pre - qualification, bid protests, bid rejection and re- bidding of the contract for construction. d. Construction management and inspection services e. Performance of materials testing or specialty testing services. f. Services necessary due to the default of the Contractor. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 23 of 24 g. Services related to damages caused by fire, flood, earthquake or other acts of God. h. 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. j. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. PMO Release Date: 08/27/2010 Washington Heights Storm Drain City of Fort Worth, Texas Attachment A - Page 24 of 24 ATTACHMENT B COMPENSATION ENGINEERING DESIGN SERVICES FOR WASHINGTON HEIGHTS STORM DRAIN IMPROVEMENTS (MEACHAM AIRPORT DETENTION POND) CITY PROJECT NO. 00619 DOE NO. 5588 Compensation A. The ENGINEER shall be compensated a total lump sum fee of $ 377,092.00 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 Pavment 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. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Storm Water Management Program, 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 5 19 2010 Page 1 of 3 Z ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant HDR Prime Contractor / Design $ 312,212.00 ° 82.80% Services Proposed M/WBE Sub - Consultants Gorrondona & SUE, Design Survey, ROW/ $22,700.00 ° 6.02 /o Associates Easement Preparation Mas -Tek Engineering Geotechnical Services $15,325.00 4.06% Leonard Technical Storm Water Pollution $16,565.00 4.39% Services Prevention Plan DFW Infrastructure CCTV Condition Assessment $8,290.00 2.20% Non -M/WBE Consultants David Taylor Shovel Testing $2,000.00 ° 0.53 /o Excavation TOTAL $377,092.00 100.00% Project Number & Name Total Fee I M/WBE Fee I M/WBE % CITY PROJECT NO. 00619 $377,092.00 1 $62,880.00 1 16.67% City M/WBE Goal = 16.00% Consultant Committed Goal = 16.67% City of Fort Worth. Texas Attachment B PMO Official Release Date 5 19 2010 Page 2 of 3 MKI 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 MN E 7 co W L V to op� S co C O ca �.; o aav m N E 3 z U y 3 3a B> a. 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Q N 'v a a U U] . .- ' '� : :a y o 4) L LIJ (D+� t tC ? ? c c c ccn � �` N N� v vOi -Fu o o N c o o o c O 0 E sr E E E - -Oo Oo K o r m N CE CE U U) I-- i inoN y �U a y � U J �0 - ro 20 U O N N Z M M M M z W U) _sue 0 U C U O ro c O a E c N N Q C c E rnQ E ro m E - c ro o E o 0 0 o ci C se o 0 C .o c a m � o d0 N O O) I- 0 u, Wd m x o 0 L J N r � � O 0 N LL E o r U O vaa O M ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT ENGINEERING DESIGN SERVICES FOR WASHINGTON HEIGHTS STORM DRAIN IMPROVEMENTS (MEACHAM AIRPORT DETENTION POND) CITY PROJECT NO. 00619 DOE NO. 5588 No changes to the Standard Agreement City of Fort Worth, Texas Attachment C PMO Release Date 05 19 2010 Page I of I x x � h x ZZ9 E - M y E °�9 E �ry O a) O very O 0 c6 O Ir m o C NOOHivo W - n ' o m E c a) _a C\l ca � ° =o ° � ■ V I I I■ I I t U E N �EmmU ca>c EN J n z5 i _ a N ',^T 9 19 t O N U j V1 a] a a) L O E O> Eo°fux gC�W a .N o)EU �� UFA =o- , •O o a) 0 `p C 'N O co X") T al M 4? LX O) CO m a 'C) W a d��c� U T O 3 �QUm W m E 9Zg axFtQ p[ Z +LQ 9Z9 K ° 2 �j o -,� C 626 °� 626 aa) x m a aawwoo (3) OT„ x L-. W m Yr - E °�9 �ry 3 rill II I�! U very Ir m o C NOOHivo W - n ' C\l ca °9 o'o�SE z5 i _ a N ',^T 9 19 O> Eo°fux gC�W a 89 •O 4-j `p C 'N O co T al M 4? LX O) CO m a 'C) W a m E d C cLu W'o� 05oma)o -,� C E m aa) x m a aawwoo (3) J IY 6o 65 05 O U \ / 25) W O M y N 616 L- . �ZL .8 • .a Q c c � p c 9 L9Z Sf18 O y 0 U Of ^` m v -' W 0 0 „ a :o aa)) _ <v7 O _ Ya m C O C C J N a O L U O N N W • m M L W U) a � _ n m o m O 00 644 0) x @ N a VJ t. O 0 n w x N3 w O N U W oc w o` �0 NOLNIIO a 3 0 a s x (D . W u N I.L N — LL c Na m — o C 'j5 O oo 656 m a a � � NO1NIl� in = °) w c 0N o O m :ON WAY N '_ c N om U W c U 2' w U99 999 a a SSOa U w it 3 E °99 o L ) � LL VI N ¢ — Z z N O) f6 a 0 O O � N m a` ssoa O O =fn to 19 L l^ 1••r 1 01b �1 r OGv - M°r•�1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/27/2011 DATE: Tuesday, September 27, 2011 REFERENCE NO.: * *C -25191 LOG NAME: 20DESIGN_WASHINGTON_HEIGHTS SUBJECT: Authorize Execution of an Engineering Agreement in the Amount of $377,092.00 with HDR Engineering, Inc., for the Design of Washington Heights Storm Drain Improvements (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Agreement with HDR Engineering, Inc., in the amount of $377,092.00 for design of Washington Heights Storm Drain Improvements. DISCUSSION: This engineering design contract will provide design and construction phase services for the Washington Heights Storm Drain Improvements. The drainage improvements are needed to protect homes and businesses in the Washington Heights neighborhood from flooding. The scope of the design Agreement includes storm drain and pavement design, preparation of engineering plans and contract documents for the bidding and construction of the recommended improvements, construction phase services, and preparation of required permits including Texas Pollutant Discharge Elimination System, Conditional Letter of Map Revision and Letter of Map Revision. HDR Engineering, Inc., proposes to perform the above services for a lump sum fee of $377,092.00. City Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for the project is being provided from revenue bonds in the Storm Water Capital Projects Bond 2009 Fund. HDR Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17 percent M/WBE participation. The City's goal on the project is 16 percent. This project is located in COUNCIL DISTRICT 2, Mapsco 48X and Y. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects Bond 2009 Fund. y:T1 u WX I ' • � Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Doug Wiersig (7801) Additional Information Contact: Ryan Hague (8176621201) • ' 11• ' 1111 �- �. 11. ' as