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HomeMy WebLinkAboutContract 41470CITY SECRETARY CONTRACT NO. 4 \4 ]o CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and Dunaway Associates, L.P ., (the "ENGINEER"), for a PROJECT generally described as: Wesleyan Hills Drainage Improvements Project. 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 Ill 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 AGREEMENT until City of Fort Worth , Te xas Standard Agreement for Eng ineering Related Des ign Services PMO Official Release Date : 9.22 .20 10 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Wo rt h, Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Agreement for Engineering Re lated Design Services PMO Official Re lease Date : 9.22 .2010 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible myla r sheets and electronic files in .pdf format , o r as otherwise approved by CITY , which shall become the property of the CITY. CITY may use such drawings in any manner it des ires ; 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 pe rsonnel 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 ENGIN EE R shall provide opinions of probable costs based on the cu rrent available information at the time of preparation , in accordance with Attachment A. City of Fort Worth, Texas Standa rd Agree ment for Engineering Related Design Services PMO Official Release Date: 9.22 .2010 Page 3 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (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 · Ci ty of Fort Worth , Texas Standa rd A greement fo r Eng inee ring Related Design Services PMO Official Rele ase Date : 9.22 .201 0 Page 4 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 agree s that the CITY shall , until the expiration of five (5) years after final paymen t 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 Adm inistrative 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 insu red under the CGL , using ISO addition a l insu red endorsement or a substitute providing equivalent coverage , and under the commercial umbrella , if any . This insurance shall apply as primary insurance with res ea---Y..J..JIA.I.I.C..____, City of Fort Worth , Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Agre emen t for Engineering Related Desig n Services PMO Official Release Date: 9.22 .2010 Page 5 of 15 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 ope rations , 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 liab ility 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 . i. ENGINEER waives all rights against the CITY and its agents , officers , directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage . c . Workers' Compensation -ENGINEER shall maintain workers compensation and employers liability insurance and , if necessary , commercial umbrella liability insurance with a limit of not less than $100 ,000.00 each accident for bod ily injury by accident or $100,000 .00 each employee for bodily injury by disease , with $500 ,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents , officers , directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d . Professional Liability-the ENGINEER shall maintain professional liability , a claims -made policy, with a minimum of $1 ,000 ,000 .00 per claim and agg regate . The policy shall contain a retroactive date prior to the date of the contract or the fi rst date of services to be performed , whichever is earlier. Coverage shall be maintained fo r a period of 5 years following the completion of the contract. An annual certificate of insurance specifically refe rencing thi s project shall be submitted to the CITY for each year following compl etion of the contract. City of Fort Worth, Texas Stand ard Agree ment for Engineeri ng Related Design Services PMO Officia l Re lease Date : 9.22 .2010 Page 6 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTM_ TY (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 pol icies shall be endorsed to name the CITY an Additional Insured thereon , as its interests may appear. The term CITY shall include its employee s, 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 th irty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton , Fort Worth, Texas 76102 . f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M . Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25 ,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing , if coverage is not provided on a first-dollar basis . The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups . Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled , upon its request and without incurring expense , to review the ENGINEER's insurance policies including endorsements thereto and , at the CITY's discretion ; the ENGINEER may be required to provide proof of insurance premium payments . j . Lines of coverage , other than Professional Liability , underwritten on a claims -made bas is , shall contain a retroactive date coinciden t with or prior to the date of the contractual agreemen t. T he certificate of insurance shall City of Fort Worth , Texas Standard Agreement for Engineeri ng Related Design Services PMO Officia l Release Date : 9.22 .20 10 Page 7 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 afte r final payments . I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m . Sub consultants and subcontractors to/of the ENGINEER shall be 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. 0. Permitting Authorities -Design Changes If perm itting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been awa re of at the time this Agreement was executed , the ENGINEER shall revise plans and spec ifications , as required , at its own cost and expense . However, if design changes are required due to the City of Fort Worth , Texas Standard Agreement fo r En gineering Re lated Design Services PMO Official Release Date : 9.22 .2010 Page 8 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX changes in the permitting authorities' published design criteria and/o r 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. 8. 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 fo r 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 , insu rance counselo r, accountant , audito r, bond and financial advisors , and othe r consultants as the CITY deems appropriate; and render in writing de ci s ions required by the CITY in a timely manner in acco rdance with the project schedule pre pared in accordance with Attachment D. City of Fort Worth , Texas OFF IC IAL RECORD CITY SECRETARY FT. WORTH, TX Sta nd ard Agreement for Engineeri ng Related Design Services PMO Official Release Date : 9.22 .20 10 Page 9 of 15 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 : "Contracto rs , 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 AGREEM ENT 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 o r pe rson regard ing the PROJECT a provision tha t such entity or pe rson shall have no third -party beneficiary rights under this Agreemen t. City of Fort Worth , Texas Standard Agreement for Eng ineering Related Design Services PMO Officia l Release Date: 9.22 .2010 Page 10 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4) Nothing contained in this section V.H . shall be construed as a wa iver 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 comprehe nsive 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, a re 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, do c uments , and other work products of the ENGINEER , whether in hard copy or in electronic form , are instruments of City of Fort Worth, Te xas Standard Agre ement for Engineering Re lated Design Services PMO Official Release Date : 9.22 .2010 Page 1 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 serv ice 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 terminat ion services . E. Suspension, Delay, or Interruption to Work The CITY may suspend , delay , or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension , delay, or interruption , an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER's personnel and subcontractors , and ENGi ' compensation will be made. IAL RECORD OFF IC City of Fort Worth , Texas CITY SECRETARY Standard Agreement for En gineering Related Desi gn Services PM O Officia l Release Date : 9.22 .20 10 Page 12 of 15 fT. WORTH, TX 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 supplie r 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 . I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid , illegal , or unenforceable in any respect , such invalidity, illegality , or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid , illegal, or unenforceable provision had never been contained herein . Articles V.F., VI.B ., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause . K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulat ions and with all City ordinan ces and regulations which in any way affect this AGREEMENT and the work he reunder, 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 Sta nd ard Ag reeme nt fo r En gineering Related Desig n Services PMO Officia l Release Date : 9.22 .201 0 Page 13 of 15 OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX 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 , o r regulation , whether it be by itself or its employees. City of Fort Worth , Texas Standard Agreement for Engineering Related Design Services PMO Official Release Date : 9.22 .201 O Page 14 of 15 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 -Locatio n Map Executed this the ~\'==>~ day of F<2!:> ., 20 \ \. ATIEST: Contract Authorizatioa _ 1-t.../ -~o \. I City of Fort Worth , Texas Stand ard Agree ment for Engineeri ng Re lated Design Services PMO Official Re lease Date : 9.22 .201 D Page 15 of 15 CITY OF FORT WORTH Dunaway Associates, L.P. r. : Toby K. Ford , P.E. Vice President By : __________ _ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services fo r Sto rm Water Improvements Projects 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 th is scope , "ENGINEER " is expanded to include any sub-consultant, including surveyo r, employed or contracted by the ENGINEER. OBJECTIVE The objective of this project is to eliminate flooding problems located on Wesleyan Drive at the intersection with Strong Avenue . A Drainage Study for the Wesleyan Hills Drainage Improvements was prepared by A.N.A. Consultants , L.L.C ., on April 23, 2010 , for the City of Fort Worth Transportation & Public Works Department, which recommended the following improvements : • Addition of three new inlets @ the Wesleyan/Strong inte rsection . • Replacement of existing storm drain between Strong Ave and Mitchell Blvd to increase capacity . WORK TO BE PERFORMED Task 1. Design Management Task 2 . Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 7 . ROW/Easement Services Task 8 . Survey Services TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER 's and CITY's time and resources. ENGINEER will manage change, communicate effectively , coordinate internally and externally as needed , and proactively address issues with the CITY's Project Manager and ot~ers as necessary to make progress on the work. · 1.1. Manag ing the Team • Lead , manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2 . Commun icat ion s and Reporting • Attend a pre-design project kickoff/chartering meeting wi t h CI T Y sta ff to confirm and clarify scope, understand CITY objectives , and ensu re economi c al and functional designs that meet CITY requ irements . City of Fort Worth , Texas Attachment A P MO Release Date : 08/27/2010 Page 1 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • Conduct review meetings with the CITY at the end of each design phase. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially , and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design . • With respect to coordination with permitting authorities , ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs , and make changes necessary to meet their requirements , as part of the design scope . • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • Meetings with the City include: pre-design/kickoff meetings (up to 3), 30%, 60%, 90% and 100% design review meetings. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D . Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F . Monthly M/WBE Report Form and Final Summary Payment Report Form 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 desi n co City of Fort Worth , Texas Attachment A PMO Release Date: 08/27/20 10 Page 2 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX successfully add resses the design problem , and to obtain the CITY 's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows . 2 .1. Data Collection • In addition to data obtained from the CITY , ENGINEER will research and make efforts to obtain pert inent 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 ; util ities , 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 . • 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 . 2 .2 . Drainage Computations • ENGINEER will perform conceptual design computations for improvements to the existing storm drain system between Strong Avenue and Mitchell Boulevard . The computations will include one alternative storm drain improvement alignment along Strong Avenue between Wesleyan Street and Mitchell Boulevard , and Mitchell Boulevard from the Strong Avenue intersection north to the existing storm drain system . o 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 contours labeled . Data sou rce and year will be provided by the CITY. o Calculations regarding street and right-of-way capacities and design d ischarges (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 as-built drawings for the existing downstream storm drain system (S -2211) will be utilized to estimate the starting hydraulic grade line (HGL) elevation fo r the proposed storm drain improvement design calculations . o The ENGINEER's responsibil ity includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards . • ENGINEER w ill perform a detention analys is to estimate the pond storage volume required so that the peak storm wate r runoff of the 97-acre area south of City of Fort Wo rt h, Texas Attachment A PM O Relea se Date: 08/27/201 0 Pag e 3 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Berry Street under the future ultimate development conditions is at or below the capacity of the existing storm drain system within Wesleyan Street. The detention analysis will provide a conceptual volume only and will not include development of a detailed detention pond grading o r detailed design of st ructures associated with a future detention pond . o Develop a unit hydrograph of the estimate storm water runoff to the detention pond location south of Berry Street, opposite Wesleyan Street. o Develop a rating curve of the hydraulic grade line elevation in the existing storm drain system in Wesleyan Street to use as the outlet structure of a futu re detention facility . o Route the unit hydrograph through a conceptual detention pond configuration to verify the detention storage volume required corresponding to a peak outflow consistent with the design discharge of the existing storm dra in system in Wesleyan Street. 2 .3. Subsurface Utility Engineering Prov ide Subsurface Utility Engineering (SUE) to Quality Level B, as described below. The SUE shall be performed in accordance with CI/ASCE 38-02 . Qual ity 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 informat ion . 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; numbe r of jointly buried cables ; and encasement. Quality Level C (includes tasks as described for Quality Level D) • Identify surface features , from project topograph ic 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 facil ities or systems. • The survey shall also include (in addition to subsurface utility features visible at the ground surface): dete rmination of invert elevations of any manholes and vaults ; sketches showing interio r dimens ions and li ne connections of such City of Fo rt Worth , Texas Attachmen t A PM O Rel ea se Date : 08/27/20 10 Pag e 4 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 confl icting information . • Update (or prepare) plan sheets , electronic files , and/or other documents to reflect the integration of Quality Level D and Quality Level C information . • Recommend follow-up investigations (e .g ., additional surveys , consultation with utility owners , etc.) as may be needed to further resolve discrepancies . • Provide Quality Level C to identify overhead utilities on the project and provide the overhead utility information on the SUE plan sheets . Level B (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophysical method(s) to search for and detect subsurface util ities 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 geophys ical 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. 2.4 . Pollutant Removal • Where feasible , ENGINEER will design new flood control structures to provide pollutant removal from storm water. ENGINEER will suggest feasibility of flood control structures during the conceptual design submittal. If it is determined that the City would like to incorporate the recommended design of pollutant removal structures in this project a contract amendment will be made to this scope of services . 2.5 . The Conceptual Design Package shall include the following : • Written summary of the design concept for replacing the existing storm drain system in place and of one alignment alternative from the sump location at Strong Ave and Wesleyan heading west in Strong Ave , then north in Mi t chell Blvd and connecting with the existing storm dra in system in Mitchell Blvd , with consideration given to strengths and weaknesses , cost comparison , and the rationale fo r selecting the recommended design concept. Recommendations w ill be based on the Dra inage Study of Wesleyan Hills D rainage Improvements City of Fort Worth . Texas Attachment A PMO Release Date: 08/27/201 0 Page 5 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX prepared for the City of Fort Worth Transportation and Publ ic Works by AN .A . Consultants , L.L .C., dated Apri l 23, 2010 . • Written summary of the detention analysis summarizing the approach taken , assumptions made, and conclusion reached regarding the amount of detention storage needed to accomplish the desired peak flow reduction . • Written summary of the feasibility of flood control structures . • Cover sheet • Drainage area map with supporting drainage computations in the CITY's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer registered in the State of Texas. • Horizontal alignment (exclud ing 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. • Proposed phasing of wate r, sanitary sewer, street and drainage work documented in both the project schedule and narrative form . • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02 . • _8_ copies of the conceptual design package will be delivered . Drawings will be half size (11 " x 17") and reports on letter size (8-1/2 " x 11 "). • DWF files created from design CAD drawings and reports in .pdf format will be uploaded to the designated project folder in Buzzsaw • ENGINEER shall not proceed with Prel iminary Design activities without written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package. 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 followina : City of Fo rt Worth , Texas Attachmen t A PMO Re lease Date : 08/27/2 0 10 Page 6 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • Cover Sheet • 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 . • A Project Control Sheet, showing all Control Po ints , used or set while gathering data . Generally on a scale of not less than 1 :400 . The following information shall be indicated for each Control Point: Identified (existing City Monument #8901 , PK Nail , 5/8 " Iron Rod); X , Y and Z Coordinates , in an identified coordinate system , and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e . set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • SUE plan drawings. • 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 . • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project , tunneling details , boring and jacking details , waterline relocations , details unique to the construction of the project , trenchless details , and special service lateral reconnections . 3 .2 . Geotechnical Investigation • Soil investigations, including field and laboratory tests , borings , related engineering analysis and recommendations for determining soil conditions will be made. In addit ion to the above investigations , borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study 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 • Prior to the 60 pe rcent review meeting with the CITY , the ENGINEER shall schedule and attend a project site visit with the CITY Project Manage r 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 CI T Y in writing . Ci ty of Fo rt Worth , Texas Attachme nt A PM O Release Da te : 08/27/20 10 Pag e 7 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 3.4 Public Meeting • After the preliminary plans have been rev iewed 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 publ ic meeting . 3 .5 Utility Clearance • The ENGINEER will consult with the CITY 's Transportation and Public Works Department, Water Department , and other CITY departments , public utilities , private util ities , 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 min i m ize confl icts with existing utilities , and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files fo r each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files . 3 .6 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw website . The typicals need not be sealed ind ividually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas . ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006. • L borings at an average bore depth of _.1L feet each will be provided . • Traffic Control "Typicals" will be utilized to the extent possible . It is assumed that one project specific traffic control plan w ill be developed if required due to realignment of the existing storm drain system . • _2_ copies of the geotechnical report will be delivered to the CITY. • _Q_ full size plans will be delivered fo r Utility Clearance . • _5_ half size and _1_ full size plans will be delivered fo r Constructability Review. • _.1Q_ half size and _1_ full size drawings will be delivered for Preliminary ues1gn . City of Fort Wo rt h, Te xas OFFICIAL RECORD Attachmen t A PM O Rel ease Date : 08/27/2010 Page 8 of 12 CITY SECRETARY FT. WORTH, TX • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw . • ENGINEER will attend one public meeting and one constructability review meeting and site visit. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans . DELIVERABLES A. Preliminary Design drawings B. Utility Clearance drawings 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 : • Final draft construction plans and specifications shall be submitted to CITY per the approved Project Schedule. • The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted . This estimate shall use ONLY standard CITY bid items . • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006 . • _1Q_ half size and _L full size drawings and _L specifications will be delivered for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • _2_ full size drawings and _2_ specifications will be delivered for the 100% design . City of Fort Worth , Texas Attachment A PMO Release Date : 08/27/2010 Page 9 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw. • Estimated final sheet list to include the following : Cove r, Legend & Index , Project Control , Easement Layout , Drainage Area Map, Hydraulic Calculations , Plan & Profile Sheets (3), Inlets & Laterals , Details , Traffic Control Plans DELIVERABLES A. 90% construction plans 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 , includ ing 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. -[N/A] TASK 6. CONSTRUCTION PHASE SERVICES. -[N/A] TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easements as outlined below , per scop ing direction and guidance from the CITY 's Project Manager. 7 .1. Right-of-Way Research • The ENGINEER shall determine rights -of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY . 7 .2 Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obt ain right-of-way and pe rmanent and/o r temporary easements requi red to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY 's Buzzsaw site . ASSUMPTIONS • The numbe r of Permanent and Tempo rary Construction Easements will consist of 2 , number of parcels will consist of 2 and the number of copies will consist of 3 • Right-of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) info rmation available at the start of the project and available on -ground property information (i.e . iron City of Fort Wo rth , Texas Attachme nt A PMO Re lease Date : 08/2 7/201 0 Page 10 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX rods , fences, stakes , etc.). It does not include effort for chain of title research , parent track research , additional research for easements not included in the TAD , right-of-way takings , easement vacations and abandonments , right-of-way vacations , and street closures . DELIVERABLES A. Easement exhibits and metes and bounds provided on CITY forms TASK 8. SURVEY. ENGINEER will provide survey support as follows . 8.1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data , utilities as required by the SUE , structures , trees (measure caliper, identify overall canopy , and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines . • The minimum survey information to be provided on the plans shall include the following : -A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1 :400 : -The following information about each Control Point; a . Identified (Existing. CITY Monument #8901 , PK Nail , 5/8" Iron Rod) b . X , Y and Z Coordinates , in an identified coord inate system , and a referred bearing base. Z coord inate on CITY Datum only. c . Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). 8 .2 . Temporary Right of Entry Preparation and Submittal • Prior to entering property fo r field survey , the ENGINEER shall prepare , mail and request Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checkl ists and templates available on the CITY's Buzzsaw site. 8 .3 . Construction Survey -[N/A] TASK 9. PERMITTING. -[N/A] City of Fo rt Worth . Texas Attachment A PM O Release Date : 08/27/20 10 Pa ge1 1 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ADDITIONAL SERVICES NOT INCLUDED IN THE EXIS T ING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services -CITY and ENGINEER agree that the follow ing 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 reques t. 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 befo re the services are performed . These additional services include the following: • Negotiation of easements or property acquisition . • Services related to development of the CITY 's project financing and/or budget. • Services related to d isputes over pre -qualification , bid protests , bid rejection and re-bidding of the contract for construction . • Services related to damages caused by fire , flood , earthquake or other acts of God . • Services related to warranty claims , enforcement and inspection after final completion . • Services to support , prepare , document , bring , defend , or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Bid phase and construction phase services are not included in this scope of services . • This scope of services does not include the design of special storm drain junction structures , sanitary sewer and storm drain conflict structures or utility crossing adjustments. It is assumed that the City 's standard storm drain manholes will be used . If special junction structures , conflict structures or utility crossing adjustments are required , design of these will be added by contract amendment at a later date . • Preparation of an erosion control plan or SWPPP are not included in this scope of service . City of Fort Worth . Texas Attachme nt A PMO Re lease Date : 08 /27/2010 Page 12 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT B COMPENSATION Design Services for Wesleyan Hills Drainage Improvements Project City Project No. 01608 Lump Sum Project I. Compensation A. B. II. A. B. C. D. The ENGINEER shall be compensated a total lump sum fee of $128,957.00 as summarized in Exh i bit B-1 -Engineer Invoice and Section IV -Summary of Total Project Fees . The tota l lump sum fee shall be considered full compensation for the services described in Attachment A , including all labo r mate rials , supplies , and equipment necessary to deliver the services . The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City 's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1 , Progress Reports as required in item Ill. of this Attachment B, and Schedule as required in Attachment D to this Agreement. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standa rd Agreement and according to the current version of the City of Fort Worth 's Schedule Guidance Document. The cumulative sum of such monthly part ial fee payments shall not exceed the total current project budget includ ing all approved Amendments . Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. Ill. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth , Texas Attachme nt B PMO Officia l Release Date : 5.19.2010 Page 1 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORT ,-X ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Dunaway Associates , Engineer ing & Project L.P . Management Proposed M/WBE Sub-Consultants Gorrondona & Topographic Survey, SUE , Associates , Inc . Easement Documents & Geotechnical Bores Non-M/WBE Consultants I TOTAL I Project Number & Name Total Fee City Project No . 01608 11281957.00 Wesleyan Hills Storm Water Improvements Fee Amount % $102 ,507 .00 79 $26,450.00 21 I I I 11281957.00 100% M/WBE Fee M/WBE % 1261450.00 21 % City M/WBE Goal = .fl% Consultant Committed Goal = .fl % City of Fort Worth , Texas Attachment B PMO Official Release Date: 5.19 .2010 Page 2 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, I~ 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 .20 10 Page 3 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX R-~ (') ~ -< (/) m n 0 .,, .,, n ;; r- Ta s k No . 1.0 1.1 1.1.1 1.1.2 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 2.0 2.1 2.2 2.3 2.4 2.5 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Task Descripti on Pri nci pa l De pa rtm e nt Director Kate $205 $160 Proiect Ma naaeme nt 17 28 Manag ing the Team Intern al Tea m Meeti na s 3 8 QNQC 6 8 Co mm unicatio ns and Reoort ina Pre-DesiQn Coo rd inat ion Meeti na 2 6 Proiect Uodat e Meetin as <Mo nthM Desi an Submitt al Review Meetin as 2 6 Pre pare Base line Schedule 1 Prepare Monthly Prog ress Reports with Schedule 1 Pre oa re Month lv MWBE Reoo rt s 1 lnvoici na 1 Concep tual Des ign 130-Perce nt) 4 19 Data Co ll ection Drainage Computatio ns and Drainage Area Mao • wate rshed/drainaae area mac 1 • storm drain /ROW capacity calculatio ns 1 • reco mmend imp rovem ent s 2 • develop hydroqraph for pea k disc hara e 1 • deve loo outlet stru cture ratina curve 2 • est imate sto raae reaui red 1 Sub surface Ut ility Eng ineerin g Po llutant Removal 2 Co nce pt Desi an Packa ae • desian drawinas 2 • writt en summarv of storm dra in concept 1 4 • written sum mary of detentio n concept 4 • writte n summa rv of pollutant re mova l 1 • Project Deci sio n Log • Constructio n Estimate 1 Prelim lnarv Des ian 160 Pe rce nt} 18 0 Pre lim inary Desian Drawin as 13 Geotech nical lnve st iaa tion Constru ct ability Re view 1 Pub lic Meetina 2 Utility Clearan ce Tra ffic Con trol Plan 1 Pro iect De cis ion Loa Co nst ru ction Est imate 1 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Wesleyan Hills Drainage Improvements Project Citv Project No. 01608 La bor (hours, Project Project EIT CADD Adm inistrative Tota l La bor Mananer Enalneer Cost $135 $1 25 $110 $100 $80 72 44 8 8 22 $26.625 8 8 8 8 $5,655 12 18 $6,380 6 4 1 $2,760 8 8 2 S2 .240 6 6 6 $3 ,410 8 1 S1 ,365 8 4 $1 ,605 8 4 $1,605 8 4 $1,605 11 40 81 80 2 $27,415 8 2 $1 ,160 1 2 8 8 $2,225 8 24 S3 .800 8 $1 ,200 8 S1,040 6 $980 6 $820 $0 $320 $0 4 12 64 $8,850 2 10 4 $2,615 10 4 $2,140 1 $270 2 2 $520 2 8 $1,475 43 67 0 108 2 $28.830 28 40 84 $19 ,845 $0 3 3 2 $1 ,145 2 2 8 $1 ,730 2 4 $770 4 8 16 $3,345 2 2 $520 2 8 $1,475 E x ense Sub co nsuttant Total Expe nse Ta s k Sub Tota l Tra vel Reproduction Cost MWBE Non-MWBE $0 $0 $120 $100 $220 $26,8'5 $0 $5,655 $100 $100 $6 ,480 S20 $20 $2 ,780 $0 $2 ,240 $100 $100 S3 ,510 so $1 ,365 so $1,605 $0 $1 ,605 $0 $1,605 $7 250 $0 $0 $212 $7 462 $34 877 $0 $1 ,160 $0 $2,225 $0 S3 ,800 $0 $1 ,200 $0 $1 ,040 $0 $980 $0 $820 $7,250 $7 ,250 S7,250 $0 $320 $0 so $212 $212 $9 ,062 $0 $2 ,615 $0 S2 ,140 $0 $270 $0 $520 $0 $1,475 $3.500 so $40 $750 $4,290 $33 120 $630 $630 $20,475 $3,500 $3 ,500 $3 ,500 S20 $20 $1 ,165 $20 $1 20 $140 S1 ,870 $0 $770 $0 $3 ,345 $0 $520 $0 $1 ,475 1 of 2 0 .,, .,, - ::a ::a mm -t ~ n >< ::a 0 -< e: Task No. Task Description Rate 4.0 Final Desiqn Final Draft (90%) Constructio n Plans and 4.1 Specifications 4.2 Final (100%) Plans an d Soec ificat ions 4.3 Project Decision Log s (90% and 100%) 4.4 Co nstruction Estimates (90% and 100%) 5.0 Bid Phase -N/A 6.0 Construction Phase Services -N/A 7.0 ROW/Easement Services 7.1 Riaht-of-Wav Researc h Right-of-Way/Easement Preparation and 7.2 Submittal 8.0 Survev 8.1 Design Survey 8 .2 Temo orarv Riaht of Entrv Subm itta l 9.0 ll"'ermittmg -NIA Totals rt Supplement 5.19.2010 Principal Department Director $205 $1 60 5 0 2 2 1 0 0 0 0 0 0 0 0 0 0 44 47 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Wesleyan Hills Drainage Improvements Project City Project No. 01608 Labor (hours) Project Project EIT CADD Administrative Total Labor Manaaer Enaineer Cost $135 $125 $110 $100 $80 17 26 0 56 24 $14,090 8 12 40 16 $8 ,270 8 8 16 8 $4 .730 4 $500 1 2 $590 0 0 0 0 0 so 0 0 0 0 0 so 0 0 0 0 0 $0 $0 $0 1 0 0 0 4 $455 $0 1 4 $455 0 0 0 0 0 $0 144 177 89 252 54 $97,415 Expense Subconsuttant Total Expense Task Sub Total Tra vel Reproduction Cost MWB E Non-MWBE $0 so $0 S1 225 S1 225 S15 315 $560 $560 $8 .830 $665 $665 $5,395 $0 $500 so $590 so so $0 $0 so so so so $0 $0 so so $4 925 $0 so so $4 925 $4 925 $2 ,125 $2 ,125 $2,125 $2 ,800 $2,800 $2,800 $10,775 so $0 so $10,775 S11 230 $10.775 $10.775 $10,775 $0 $0 $455 $0 $0 $0 $0 $0 so $26,450 $0 $160 $2,287 $28,897 $126,312 Pro iect Summa v Tota l Hours 807 Total Labor $97,4 15 Tota l Exoense $28 ,897 MWBE Subcons uttant $26,450 Non-M WBE Subcons uttant $0 10% Sub Mark uc $2,645 MWBE Participation 21 % Total Project Cost $128,957 2of2 Project Manager: Vibhuti Pandey, P.E. Summary rovements City Sec Number: Purchase Order: Company Name: l .... ?_u_na_wa_y _A_ss_o_ci_at_es_._L_.P_. ---------' Consultant's PM : Kervin Camobell P.E. Vendor Invoice #: Payment Request#: From Date : To Date: Invoice Date: Consultant Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email : Kr.:aml"lbe ll ®dunawav-asS"" '""m I Office Address : 550 Bailev Ave Ste #400 Ft. Worth TX 75107 I Telephone: 817-335-1121 I Fax: 817-335-7437 1 Agreement Agreement Amendment Amount to Completed Percent Sheet FAC and Work Type Description Amount Amount Date Amount Completed WorkTvoe 1 Stonn Water P229 531200 2082801608 $128 957 .00 $128 957.00 WorkTvoe 2 WorkTvoe 3 Work Tvoe 4 Work Tvoe 5 Work Type 6 Totals This Payment Reques· Overall Percentage Complete LOCK UNLOCK ($) Invoiced Current Remaining Previously Invoice Balance $128 957 .00 Professional Services Payment Request Project Manager: Vibhuti Pandey , P.E. Project: Wesleyan Hills Drainage Improvements City Project#: 01608 Work Type Desc: Storm Water con sultant Instructions : F/A/C : P229 531200 2082801 608 City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close , start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Company Name: Dunaway Associates, L.P . Consultant's PM: Kervin Campbe ll , P.E. email : KCampbell@dunaway-assoc.com Vendor Invoice#: Office Address 550 Bai ley Ave Sle #400 , Fl. Worth , TX 76 107 Payment Request#: Telephone: 817-335-11 21 From Date: Fax : 817-335-7437 To Date : Invoice Date : Pay Items Agreement Agreement Amendment Amendment Amount to Completed Percent Description Amount Number Amount Date Amount Comoleted 30 -DesicJn $128,957 .00 $128,957 .0C Totals This Unit: Overall Percentage Complete : (") 0 .,, -.,, :-t -I .,, -< ci ~ en -0 m ~ ~ (") r- ::a ::a :c mm -;! 8 -I >< ~~ ($) Invoiced Cu r rent Remaining Prevlouslv Invoice Balance $128,957.0( ATTACHMENT "C " CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for City of Fo rt Worth , Texas Attach ment C PM O Release Date: 05 .19 .20 10 Page I of I Wesleyan Hills Drainage Improvements Project C ity Project No . 01608 No changes to the Standard Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ID __task Name Wesleyan Hills Storm Drain Improvements -Baseline Schedule 0 -n :!! n ;: r- Design Desi gn Overall Desi gn 30% Conceptual Design Issue Design Notice To Proceed Prepare 30% Conceptual Plans 30% Conceptual Plan Submittal Review 30% Conceptual Plan(CFW) Ho ld Project Meeting 60% Preliminary Design Prepare 60% Preliminary Plan s and Specifications 60% Preliminary Plan and Specification Submittal Submit Plans and Specs to Utilities Review 60% Preliminary Plans and Specifications (CFW) Hold Project Me eting 90% Final Design Prepare 90% Final Plans and Specification s 90% Final Plan and Specification Submittal Review 90% Final Plans and Specifications (CFW) Hold Project Meeting In corporate Final Comments and Submit Final Plan s and Specifications Approve Final Plans and Specifications and Route for Signatures Design Complete Milestone Summary ATIACHMENT D -PROJECT SCHEDULE Duration Ph y sica l % Start Comolete 183 days 0% Mon 2/28/11 183 days 0% Mon 2/28/11 183 days 0% Mon 2/28/11 183 days 0% Mon 2/28/11 71 days 0% Mon 2/28/11 O days 0% Mon 2/28/11 60 days 0% Mon 2/28/11 O days 0% Fri 5/20/11 10 days 0% Mon 5/23/11 1 day 0% Tue 6/7/11 51 days 0% Wed 6/8/11 40 days 0% Wed 6/8/11 O days 0% Wed 8/3/11 5 days 0% Thu 8/4/11 10 days 0% Thu 8/4/11 1 day 0% Thu 8/18/11 61 days 0% Fri 8/19/11 30 days 0% Fri 8/19/11 O days 0% Fri 9/3 0/1 1 10 days 0% Mon 10/3/11 1 day 0% Mon 10/17/11 15 days 0% Tue 10 /18/11 5 days 0% Tue 11 /8/11 O days 0% Mon 11 /14 /11 --------·-·-M- • External Tasks ~:;-----~;:,;~ External MileTask <> Task Split Progress Project Summary Split Page 1 Finish Otr2 2011 Otr 1 2012 Jan Feb Mar Oct...11'.!ov Dec Mon 11/14/11 Mon 11/14/11 ~~ ~i II 19 Mon 11/14/11 Mon 11 /14/11 Tue 617/11 Mon 2/28/11 Fri 5/20/11 Fri 5/20/11 Mon 6/6/11 Tue 6/7/1 1 Thu 8/18/11 Wed 8/3/11 Wed 8/3/11 Wed8/1 0/11 Wed8/17/11 Thu 8/18/11 Mon 11/14/11 Fri 9/30/1 1 Fri 9/30/11 Fri 10/14/11 Mon 10/17/11 Mon 11/7/11 Mon 11 /1 4/11 Mon 11 /14 /11 AlTACHMENT "E" WESLEYAN HILLS STORM DRAINAGE IMPROVEMENTS MAPSCO 78S COUNCIL DISTRICT 8 PROPOSED BOX CULVERT EXISTING SD TEMP CONSTRUCTION EASEMENT DETENTION SITE @ fORT Woll'l'g ,,. 0---500 SCAI.£: 1 · •500' ~ §1/EDUNAWAY 550BaleyAvenue • Sulte«l0 • FcrtWorth. Texas76107 Tel: 817.335.1121 • Fax: 817.335.7-437 (1X REG. F·1114) MASONIC HOME PROPERTY City of Fort Worth, Texas Mayor and Council Communication DATE: LOG NAME: SUBJECT: COUNCIL ACTION: Approved on 1/4/2011 Tuesday, January 04, 2011 20SCOPE_ WESLEY AN_HILLS REFERENCE NO.: **C-24670 Authorize an Engineering Agreement in the Amount of $128,957.00 with Dunaway Associates, L.P., for the Wesleyan Hills Drainage Improvements Project (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with Dunaway A ssociates, L.P., in the amount of $128 ,957.00 for scope assessment of Wesleyan Hill s Drainage Improvements Project. DISCUSSION: The Storm Water Management Program was established to reduce flooding in Fort Worth , preserve streams, minimize water pollution, and to operate the storm water system in a more effective manner to fully comply with state and federal regulatory requirements. This will be accomplished by infrastructure reconstruction and system maintenance, master planning, enhanced development review, and increased public education and outreach. On September 22, 2009, (Ordinance No. 18838-09-2009) the City Council approved the issuance and sale of $45,000,000.00 in revenue bonds for the Storm Water Capital Projects Bond 2009 Fund, to fund a two-year storm water capital project program. A Request for Qualifications (RFQ) to provide drainage design was issued by the City in March of 2010 and 61 design consultants submitted statements of qualifications, including Dunaway Associates, L.P., (Dunaway Associates). Dunaway Associates was selected to study the drainage in this area and to provide scope as sessment services for any identified drainage improvements for the Wesleyan Hills Drainage Improvements Project (City Project No. 01608). During rain events the intersection of Wesleyan Drive and Strong A venue has flooded , and the roadway has been overtopped. The scope assessment services for the subject engineering agreement will include identification, development and recommendation of design improvements . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The scope of services for the study include the following: field survey, subsurface utility engineering, data acquisition, hydrologic and hydraulic analysis, alternative analysis, construction cost estimating, and preparation of a drainage study report. Should a drainage improvement project result from the study, the agreement with Dunaway Associates, L.P., will likely be amended to increase the scope of their services to include full engineering design . Dunaway Associates , L.P., proposes to perform the scope assessment services for a lump sum fee of $128,957.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. Dunaway Associates, L.P., is in compliance with the City's M/WBE Ordinance by committing to 21 percent M/WBE participation. The City's goal on the project is 21 percent. This project is located in COUNCIL DISTRICT 8, Mapsco 62M and H, 63E and J. 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. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by; Oriwnating Department Head: Additional Information Contact; ATTACHMENTS 1. 01608 MWBE Compliance Approyed,pdf 2 . FAR-Ol 608-0000I -Desi2n,pdf 3. fundiu2vecificatjon.doc 4. M AND C 01608.pdf FROM Fund/Account/Centers P227 531200 208280160830 Fernando Costa (6122) William Verkest (7801) Vibhuti Pandey (2424) $128,957.00