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HomeMy WebLinkAboutContract 41471CITY OF FORT WORTH, TEXAS CITY SECRETARY CONTRACT NO . y_ 1 4-] ) 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 ARS Engineers , Inc ., (the "ENGINEER"), for a PROJECT generally described as : Oakwood Trail 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 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 , includ ing 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 bi lling unt il mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for bill ings contested in good faith within 60 days of the amount due , the ENGINEER may , after giving 7 days' written notice to CITY , suspend services u der this AGREE T until City of Fort Worth, Texas OFFICIAL RECORD Standard Agreement for Engineering Rela ted Desig n Service s PMO Official Release Date: 9.22.2010 CITY SECRETARY Page 1 of 15 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 CI T Y's profess io na l engineering representative under this Agreement , providing professional engineering consultation and advice and furnishing customary services incidental thereto . 8. 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 profess ional 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 fo r subcontract work such as spec ial surveys , tests , tes t borings , or othe r subsurface investigations in connection with des ign and eng ineering work to be performed hereunder. The ENGINEER sha ll also advise the CITY concerning the results of same . Such surveys , tests , and investigations shall be furnished by the CITY , un less otherwise specified in Attachment A. (2) In soils , foundation, groundwater, and othe r 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 eval uations , changed or unanticipated underground conditions may occur tha t could affect the total PROJECT cost and/or executio n. T hese conditions and cosUexecution effects are not the responsibil ity of the ENGINEER. City of Fort Worth , Texas Standard Agreement for Eng ineering Related Design Services PMO Officia l Release Date : 9 .22 .2010 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 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 Re lease Date : 9.22 .2010 Page 3 of 15 OFFICIAL RECOR D 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 feasibil ity , 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 fact · t City of Fort Wort h, Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Standard Agreement for Enginee ring Related Design Services PMO Official Rel ease Date : 9.22 .2010 Page 4 of 15 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 w ith 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 insurance shall apply as primary insurance wi UJJt:.e.sipeCLJto.J~LQ.ltn.e/ City of Fort Worth , Te xas Standa rd Ag reement for Engineering Related Design Services PMO Official Release Date : 9 .22 .20 10 Page 5 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX insurance or self-insurance programs afforded to the CITY . The Commercial General Liability insurance policy shall have no exclusions by endorsements tha t 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 exclus ions 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 . i. ENGINEER waives all rights against the CITY and its agents , officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage . c. Workers' Compensation -ENGINEER shall maintain workers compensation and employers liability insurance and , if necessary , commercial umbrella liability insurance with a limit of not less than $100 ,000.00 each accident for bodily injury by accident or $100 ,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents , officers , directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability-the ENGINEER shall maintain professional liability , a claims-made policy, with a minimum of $1 ,000 ,000.00 per claim and aggregate . The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed , whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. Ci ty of Fort Worth , Te xas Standard Ag reement for Eng ineering Related Design Services PMO Official Release Date : 9.22 .2010 Page 6 of 15 OFFICIAL RECORD CITY SECR ETARY FT. WORTH, TX (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 unde r applicab le policies documented thereon . d . Any failure on part of the CITY to request required insurance documentatio n shall not constitute a waiver of the insurance requirements . e . A minimum of thirty (30) days not ice 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. Not ice 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 bus iness 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 equ ivalent 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 waive r of subrogat ion 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 Li ability , underwritten on a claims-made basis , shall contain a retroactive date coinc ident 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 : 9.22 .2010 Page 7 of 15 OFFICIAL RECORD CITY SECR ETARY 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 after 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 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 c · ue to the City of Fort Wort h , Texas OFF IC IAL RECORD CITY SECR ETARY FT. WORTH, TX Standard Ag reement for Engineering Related Design Service s PMO Officia l Re lease Date: 9.22 .2010 Page 8 of 15 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 schedu le 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. C ity of Fort Wort h, Texas Standard Ag reement for Engineering Related Design Services PMO Offici al Release Date : 9 .22 .2010 Page 9 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX E. Prompt Notice The CITY will give prompt written no ti ce to the ENGINEER whenever CIT Y observes or becomes aware of any developmen t 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 w ill 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 prio r 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, C ity hereby releases ENGINEER from any damage or liability related to the presence of suc h materials . (2) The release required above shall no t apply in the event the discharge , release or escape of hazardous substances , contaminants , or asbestos is a result of ENGINEER's negligence o r if ENGINEER brings such hazardous substance , contaminant or asbestos onto the proj ect. G. Contractor Indemnification and Claims The CITY agrees to include in all constructi on contracts the prov isions of Article IV.E. regarding the ENGINEER's Personne l 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 benefic iary 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 t hird-party beneficiaries . (3) The CITY w ill include in each agreement it enters into with any other entity or person regarding the PROJECT a prov ision tha t such ent ity or person shall have no third-party beneficiary rights under this Agreement. City of Fort W ort h, Texas Stand ard Agreeme nt for Engineering Related Des ign Serv ic es PMO Official 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 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 certa in pre-existing structu res associated w ith 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 AGREEMEN T with appropriate CITY approva l. 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 o r in electronic · f City of Fort Worth, Texas Standard Agreement for Engineering Re lated Des ign Serv ice s PMO Offic ial Release Date : 9 .22 .201 0 Page 11 of 15 OFF ICI AL RECORD CITY SECRE TARY 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 service withou t 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 fo r 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 perfomiance 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 temiinated by either the CITY or the ENGINEER for cause if eithe r party fa ils substantially to perfom, through no fault of the other and does not commence correction of such nonperfomiance with in 5 days of written notice and diligent ly complete the correction thereafter. (2) If this AGREEMENT is terminated fo r the convenience of the City , the ENGINEER will be paid for termination expenses as follows : a .) Cost of reproduction of partial o r complete studies , plans , specificat ions or other forms of ENGINEER'S work product ; b.) Out-of-pocket expenses for purchasing electronic data files and othe r 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 conven ience so that the work effort is suitable fo r long time storage. (3) Prior to proceeding with temiination serv ices , the ENGINEER will subm it to the CITY an itemized statement of all temiination expenses. The CITY'S approval will be obtained in writing prior to proceeding with term ination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend , delay , o r interrupt the serv ices of the ENGINEER for the convenience of the CITY . In the even t of such suspension , delay, or interruption , an equitable adjustment in the PROJECT's schedule , commitmen t and cost of the ENGINEER's personne l and subcontractors , and ENGINEER 's compensation will be made. City of Fort Worth . Texas OFFICIAL RECORD CITY SECR ETARY FT. WORTH, TX Standard Agreement for Engineering Related Des ign Servic es PMO Official Release Date : 9.22 .2010 Page 12 of 15 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 the ir 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 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 wh ich may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ig horance thereof she I be City of Fort Worth , Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services PMO Officia l Release Date : 9 .22.2010 CITY SECRETARY Page 13 of 15 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 suc h order, law , o rdinance , or regulation , whether it be by itself or its employees . City of Fort Worth , Texas OFFICIAL RECOR D CITY SECR ETARY FT. WORTH, TX Standard Agreement for Eng ineering Related Design Services PMO Official Release Date : 9 .22 .2010 Page 14 of 15 Article VII Attachments, Schedules, and Signatures This AGREEMENT , including its attachments and schedules , const itutes 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: Contract Authorizatioa - Date Ci ty of Fo rt Wort h, Texas Standa rd Ag reemen t for Engineering Related Design Se rvi ce s PMO Official Release Date : 9 .22 .2010 Page 15 of 15 ARS Engineers, Inc , Ab R. Sandhu , PE, RPLS Presiden t By : ___________ _ OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 loO -\0 -DD L.f ATTACHMENT "A" Scope for Engineering Design Related Services for Storm 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 this scope, "ENGINEER " is expanded to include any sub-consultant, including surveyor , employed or contracted by the ENGINEER. OBJECTIVE Design Storm Drain Trapezoidal Gabion Channel for Oakwood Trail Storm Drain Improvements to avoid flooding to the condominiums bordering the south side of the channel. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4 . Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7 . ROW/Easement Services 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 T earn • 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 . Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives , and ensure economical and functional designs that meet CITY requirements . • Conduct and document monthly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase . City of Fort Worth , Texas Attach ment A -Storm Water Utility PMO Official Re lease Date : 06 .07 .2010 Page 1 of 15 • Conduct and document weekly design team meetings . • Prepare invoices 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 • Tree Mitigation may be required , which will result in the meeting with the City Arborist and site visit with the City Arborist. • Sanitary Sewer line that crosses the proposed drainage ditch may need to be relocated . • Number of easements will vary on the final alignment of the trapezoidal gabion channel. 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 City of Fort W ort h. Te xas Attachment A -Storm Water Uti lity PMO Offi ci al Re lease Da te: 06 .07 .201 0 Pag e 2 of 1 s 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 , commun icate 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. ENG INEER will develop the conceptual design of the infrast ructure as follows . 2.1 . Data Collection • In addition to data obtained from the CITY , ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including ; utilities , agencies (such as TxDOT and railroads), CITY Master Plans , CITY drainage complaint files , existing applicable drainage studies , FEMA floodplain and floodway maps , existing models of project area (if any) and property ownership as available from the Tax Assessor's office . • 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 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 responsibil ity includes recommendations for improvements of the existing system as deemed reasonable and consistent with CITY standards . 2 .3 . Pollutant Removal Where feasible , ENGINEER will design new flood control structures to provide pollutant removal from storm water. 2.4 . Subsurface Utility Engineering Prov ide Subsurface Util ity Eng ineering (SUE) to Qua li ty Level C & D, as described below . The SUE shall be performed in accordance w ith CI/ASCE 38 -02 . Ci ty of Fort W orth, Texas Attachment A -Storm Water Utility PM O Official Release Date : 06 .07 .20 10 Pag e 3 of 15 Quality Level D • Conduct appropriate i nvestigations (e .g ., owne r records , County/CITY records , personal interviews , visual inspections , etc.), t o 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 , pe r mit records , field notes , geograp hi c info r mation system data , oral h istories , etc .) on the existence and approx imate locat ion of existing involved utilities . • Review records for : evidence or indication of additional ava ilable records ; dupl icate or conflicting information ; need for clarification . • Develop SUE plan sheets and transfer information on all involved utilities to appropriate design plan sheets , electron ic files , and/or other documents as required . Exercise professional j udgment to resolve conflicting information . For information depicted , indicate : utility type and ownership ; date of depiction ; quality level(s); end points of any util ity data ; line status (e .g ., active , abandoned , out of service); line s ize and condition ; number of j ointly 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 ut ilit ies . • Include survey and correlation of aerial or ground-mounted utility facilities in Quality Level C tasks . • Survey surface features of subsurface ut ility facil ities 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 d ifferent 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 Qual ity Level C information . • Recommend follow-up investigations (e.g ., addit iona l surveys , consultat ion with utility owners, etc .) as may be needed to further resolve discrepancies . • Provide Quality Level C to identify overhead ut ilities on the project and provide the overhead utility information on the SUE plan sheets . Level 8 (includes tasks as described for Quality Level C) • Select and apply appropriate surface geophys ica l method(s) to sea rch for and detect subsurface utilities within the project limits , and/or to trace a particular utility line or system . • Based on an interpretat ion of data , mark the i nd ications of utilities on the ground surface for subsequent survey . Utilize pa int o r othe r method acceptable for marking of lines . • Un less otherwise directed , mark centerline of s ingle -condu it li nes , and outs ide edges of mult i-condu it systems . City of Fort Worth , Texas Attach ment A -Storm Water Utili ty P MO Official Release Da te : 06.07 .2010 Page 4 of 15 • Resolve differences between designated utilities and utility records and surveyed appurtenances . • Recommend additional measures to resolve differences if they still exist. Recommendations may include additional or different surface geophysical methods , exploratory excavation , or upgrade to Quality Level A data . • As an alternative to the physical marking of lines , the ENGINEER may , with CITY 's approval , utilize other means of data collection , storage , retrieval , and reduction , that enables the correlation of surface geophysical data to the project's survey control. Level A • Expose and locate utilities at specific locations . • Tie horizontal and vertical location of util ity to survey control. • Provide utility size and configuration . • Provide paving thickness and type , where applicable. • Provide general so il type and site conditions and such other pertinent information as is reasonably ascertainable from each test hole site . 2 .5 . The Conceptual Design Package shall include the following : • Written summary of alternative design concepts considered , strengths and weaknesses of each , and the rationale for selecting the recommended design concept . • Cover sheet • Dra inage area map with supporting drainage computations in the CITY 's standard tabular format. • SUE Plan sheets sealed by a licensed professional engineer reg istered in the State of Texas . • Horizontal alignment (excluding profiles) of proposed storm water improvements , includ ing existing lot layout , , streets , street right -of-way , proposed easements , and existing utilities gathered during the SUE with in the project limits . • Proposed phasing of water, sanitary sewer, street and drainage work documented in both the project schedule and narrat ive form . • Documentation of proposed flood control struct ure(s) pollutant removal design . • Documentation of key design decisions (Project Decision Log). • Estimates of probable construction cost . City of Fort Worth , Texas Att achment A -Storm Water Ut ility PMO Offi cial Rel ea se Date: 06 .07 .2010 Pag e 5 of 15 ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006 . • Sanitary Sewer line design shall conform to City of Fort Worth Policy and procedure for processing Water and Waste Water projects for design and Construction , April 1999. • The SUE and SUE plan sheets shall be in accordance with CI/ASCE 38-02. • Plan drawings for storm water, water, and sewer shall be at a 1 :20 scale. • 8 copies of the conceptual design package will be delivered . Drawings will be half size (11 " x 17"). • ENGINEER shall not proceed with Preliminary 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 following : • 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 Points, used or set while gathering data . Generally on a scale of not less than 1 :400 . The following information shall be indicated for each Control Point: Identified (existing City Monument #8901 , PK Nail, 5/8" Iron Rod); X , Y and Z Coordinates, in an identified coordinate system, and a referred bearing base . Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • SUE plan drawings . • 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 City of Fort Worth , Texas Attachment A -Storm Water Utili ty PMO Official Release Date : 06 .07 .2010 Page 6 of 15 sewer mains , ex isting utilities gathered during the SUE and existing util ity 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 deta ils . These may include connection details between various parts of the project , tunneling details , boring and jacking details , waterline relocations , details un ique to the construction of the project , trenchless details , and special service lateral reconnect ions . • Prepare separate drawings for water and/o r sanitary sewer mains including a overall water and/or san itary 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/ ex isting 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 improvemenUexisting sewer mains and all sewer appurtenances in the vicinity . • Plan and profile sheets which show the follow ing : 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 pert inent 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 reconnect ing all identifiable water and/or wastewater service lines which connect directly to any main be ing replaced , including replacement of existing service lines within C ity right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed , provis ions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines wh ich are connected to the existing main and connect said service lines to the relocated main . • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main : The CITY shall furn ish the ENGINEER w ith a sample format of how the sewer serv ice line reroute/relocation should be designed and submitted for construction . During design survey , if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER w ill 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 des ign survey , the ENG INEER shall delay the design of the sewer service line until afte r a Quality Level A Subsurface Util ity Engineering (SUE invest igation 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 determ ines 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- City of Fort Worth , Texas Att achment A -Storm W ater Utili ty PMO Offici al Release Date: 06 .07 .20 10 Page 7 of 15 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 san itary sewer serv ice line to be rerouted or relocated . 3 .2 . Geotechn ical Invest igation/Pavement Design • So il invest igations, 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 determin ing soil cond it ions for preparing bids and a Trench Safety Plan . • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring . 3 .3 Constructability Review • Prior to the 60 percent review meeting with the CITY , the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construct ion personnel to walk the project. The ENGINEER shall summarize the CITY 's comments from the field visit and submit th is information to the CITY in writing . 3.4 Public Meet ing • After the preliminary plans have been reviewed and approved by the CITY , the ENGINEER shall prepare project exhibits , and attend public meeting to he lp expla in the proposed project to residents . The CITY shall select a suitable location and mail the invitation letters to the affected customers . The ENGINEER shal l coord inate with CITY GIS staff to identify affected property owners/residents and develop a spreadsheet listing addresses of those to invite to the public meeting . 3 .5 Utility Clearance • The ENGINEER w i ll consult with the CITY 's Transportation and Public Works Department , Water Department , and other CITY departments , publ ic util ities , private ut ilities , and government agencies to determine the approximate location of above and underground utilities , and othe r facilities (current and future) that have an impact or influence on the project. ENGINEER will des ign CITY facilities to avoid or m inimize conflicts with existing utilities , and where known and poss ible consider potential future utilities in designs . • The ENGINEER shal l deliver approved prel iminary construct ion plans to the CITY 's Utility Coord inator for forward ing to a ll util it y companies wh ich have fac ilit ies within the limits of the project. City of Fort W orth, T exas Attachment A -Storm W ater Utility PM O Offi cial Rele as e Date : 06 .07.2010 Page 8 of 15 ASSUMPTIONS • All storm water calculations and design shall conform to the City of Fort Worth Storm Water Management Design Manual, March 2006 . • 2 borings at an average bore depth of 15 feet each will be provided . • 4 copies of the geotechnical report will be delivered to the CITY . • Plan and Profile drawings for storm water, water and sewer shall be at a 1 :20 scale . • 1 O full size (22" x 34 ") plans will be delivered for Utility Clearance . • 1 full size (22" x 34") plans will be delivered for Constructability Review . • 8 half size (11" x 17") drawings will be delivered for Preliminary Design . • 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 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 . City of Fort Worth , Texas Atta chment A -Storm Water Ut ility PMO Official Release Date : 06 .07 .2010 Page 9 of 15 ASSUMPTIONS • All storm wate r calculat ions and des ign sha ll conform t o the C ity of Fort Worth Storm Water Management Design Manual , March 2006 . • 8 half size (11 " x 17") and 1 full size (22 " x 34 ") drawings and 2 specifications will be del ivered fo r the 90% design . • 1 full size (22 " x 34 ") d rawings and 2 specificat ions w ill be del ivered for the 100% design . • [ENGINEER to provide estimated final sheet li st (cove r, d r ainage area map , project control , easement layout , SUE plan sheets , no . of plan/profiles , specia l deta i l shts , etc.)] DELIVERABLES A. 90% construction plans spec ificat ions . 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 us ing the CITY 's standard bid items and format. E. Original cover mylar for the signatures of authorized C ITY officials . TASK 5. BID PHASE SERVICES. ENGINEER w ill support the bid phase of the project as follows : 5 .1. Bid Support • The ENGINEER sha ll upload all plans and contract documents onto Buzzsaw for access to potent ial bidders . Contract documents shall be uploaded in .pdf files and the plans in .pdf and .dwf files . • The ENGINEER shall sell contract documents and maintain a plan holders list from documents sold and down loaded from Buzzsaw. • The ENGINEER will develop and implement procedures for rece iving 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 ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests , in the form of addenda . The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders . • Attend the prebid conference in support of the C ITY . • Assist the CITY in determ in ing the qual ificat ions and acceptab ility of prospective contractors , subcontractors , and suppliers . City of Fort Worth , Texas Atta chme nt A -St orm Wa ter Utili ty PMO Official Release Da te : 06 .07 .2010 Page 10 of 15 • When substitution prior to award of contracts is allowed in the contract documents , the ENGINEER w ill advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders . • Attend the bid opening in support of the CITY . • Tabulate and review all bids received for the construction proj ect , assist the CITY in evaluat ing bids , and recommend award of the contract. • Assist the CITY with assembling and awarding contracts for construct ion , materials , equipment, and services . • Incorporate all addenda into the contract documents and issue conformed sets . ASSUMPTIONS • The project will be bid only once and awarded to one contracto r. • 20 sets of conformed plans and specifications w ill be delivered to the CITY . The 20 plans shall consist of 10 full size (22 " x 34 ") and 10 half size (11 " x 17") drawings . DELIVERABLES A. Addenda B .' Bid tabulations C . Recommendat ion of award D . Conformed construction documents TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construct ion phase of the project as follows . 6 .1 Construction Support • The ENGINEER sha ll attend the preconstruction conference . • After the pre-construction conference , the ENGINEER shall provide project exhibits and attend public meeting to help expla in the proposed project to residents . The CITY shall select a suitable location and mail the invitation letters to the affected customers . • The ENGINEER shall vis it the project site at requested intervals as construction proceeds to observe and report on progress . • The ENGINEER shall review shop drawings , samp les and other subm ittals submitted by the contractor for general conformance w ith the design concepts and general compliance with the requirements of the contract for construction . Such review shall not rel ieve the Contractor from its responsibil ity for performance i n accordance with the contract for construction , nor is such rev iew a guarantee that the work covered by the shop drawings , samples and submittals is free of errors , City of Fort W orth , Texas Attachme nt A -Storm Water Util ity PMO Offi cial Releas e Date: 06 .07.2010 Pa ge 1 1 of 15 inconsistencies or omissions . The ENGINEER shall log and track all shop drawings , samples and other submittals . • As requested by the CITY , the ENGINEER shall provide necessary interpretations and clarifications of contract documents , review change orders , and make recommendations as to the acceptability of the work . • The ENGINEER shall attend the "Final " project walk through and assist with preparation of final punch list. 6 .2 Record Drawings • The ENGINEER shall prepare record drawings from information submitted by the inspector and/or Contractor. The drawings shall be submitted as full size (22 " x 34 ") mylar drawings . • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows : I. TPW file name example -"W-1956_org47.pdf' where "W-1956" is the assigned file number obtained from the CITY , "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file . Example : W-0053_org3 .pdf and K-0320_org5 .pdf II. Water and Sewer file name example -"X-35667 _org36.pdf' where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file . Example : X-12755_org18.pdf Both PDF and DWF files shall be submitted on one (1) Compact Disk , which will become property of and remain with the CITY. Floppy disks, zip disks, e-mail flash media will not be accepted. 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 . City of Fort Worth , Texas Attachment A -Storm Water Utility PMO Official Release Date : 06 .07 .2010 Page 12 of 15 ASSUMPTIONS • 3-Site Visits • Review up to 5 Shop Drawings or Submittals • Respond up to 4 RFl's • Review up to 4 Change Orders • Final Project walk th rough and punch list • Submit memo to the City describing the walkth rough and close the proj ect DELIVERABLES A. Public meeting exhibits 8 . Response to Contractor's Request for Information C. Review of Change Orders D. Rev iew of shop drawings E. Final Punch List items E. Record Drawings TASK 7. ROW/EASEMENT SERVICES . ENGINEER will support and perform activities related to ROW and easements as outlined below , per scoping direction and guidance from the CITY 's Project Manager. 7 .1. Right-of-Way Research • The ENGINEER shall determine rights-of-way and easement needs for construction of the project . Required temporary and permanent easements will be identified based on available informat ion and recommendat ions will be made for approval by the CITY . 7 .2 Right-of-Way/Easement Preparation and Submitta l. • The ENGINEER shall prepare documents to be used to obta in right -of-way and permanent and/or temporary easements required to construct the improvements . • The documentation shall be provided in conformance with the checklists and templates available on the CITY 's Buzzsaw site . 7 .3 Temporary Right of Entry Preparation and Submittal • Prior to construction , the ENGINEER shall prepare , ma il and obtain Temporary Right of Entries from landowners . It is assumed that letters will only be required for land owners adjacent to temporary construct ion easements or who are directly affected by the project and no easement is required to enter their property . C ity of Fo rt W ort h, Texas A ttachm ent A -Sto rm W ater Util ity PM O Offici a l Releas e Date : 06 .07 .2010 Page 13 of 15 • The documentation shall be provided in conformance with the checklists and templates available on the CITY 's Buzzsaw site. ASSUMPTIONS • Prepare three (3) Easement Exhibits and Descriptions . • Prepare three (3)Temporary Construction Easement. • Deliver sealed and signed Drainage Facil ity Easements as per the requirement of Real Property . • Right -of-Way research includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e . iron rods , fences , stakes , etc .). It does not include effort for chain of title research , parent track research , additional research for easements not included in the TAD , right-of-way takings , easement vacations and abandonments , right-of-way vacations , and street closures . DELIVERABLES A . Right-of-Way, easement exhibits and metes and bounds provided on CITY forms B. Temporary Right of Entry Letters TASK 8. SURVEY . ENGINEER will provide survey support as follows . , 8 .1 Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in des ign 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 m inimum survey information to be prov ided on the plans shall include the following : -A Project Control Sheet , showing ALL Contro l Points , used or set while gathering data . Generally on a scale of not less than 1 :400 : -The follow ing information about each Control Point ; a. Identified (Ex isting . 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 coordinate o n CITY Datum only . c . Descriptive Location (Ex . Set in the centerl ine of the inlet in the South City of Fo rt W ort h , Texas A tt achme nt A -Storm Water Utility PMO Official Re leas e Date: 06 .07.20 10 Page 14 of 15 curb line of North Side Drive at the East end of rad ius at the Southeast corner of North Side Drive and North Main Street ). 8.2 . Temporary R ight of Entry Preparation and Subm itta l • Prior to entering property for field survey , the ENGINEER shall prepare , ma il and obtain Temporary Right of Entry from landowners . • The documentation shall be provided in conformance with the c hecklists and temp lates available on the CITY's Buzzsaw site . TASK 9. PERMITIING . ENGINEER will prov ide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of th is s ize and type , as follows : 9 .1. Storm Water Pollution Prevention Plan • For projects that 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 respons ible for filing the SWPPP with appropriate regulatory agencies . Additional Services not included in the existing Scope of Services -CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above . However, ENG I NEER 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 writ ing by both parties before the services are performed . These additional services include the following : • Negotiation of easements or property acquis it ion . • Services related to development of the CITY 's project financing and/or budget . • Services related to disputes over pre-qualification , bid protests , bid rejection and re-bidding of the contract for construction . • Construction management and inspection services • Performance of materials testing or specialty testing serv ices . • Services necessary due to the default of the Contracto r. • Services related to damages caused by fire , flood , earthquake or other acts of God . • Services related to warranty cla i ms , enforcement and inspection after final completion . • Services to support , prepare , document , brin g , defend , or assist in litigation undertaken or defended by the CITY . • Performance of miscellaneous and supplemental services related to the project as requested by the CITY . City of Fort W orth , Texas Attachment A -Storm Water Utility PMO Offici al Re leas e Date: 06 .0 7 .2010 Page 15 of 15 ATTACHMENT B COMPENSATION Design Services for Oakwood Trail Storm Drain Extension City Project No. 00675, D.O.E. NO. 5681 Lump Sum for design services and Time and Material for construction services I. Compensation A. For Tasks 1.0 to 5.0 and 7.0 to 10.0, The ENGINEER shall be compensated a total lump sum fee of $158,547 as summarized in Exhibit B-1 -Engineer Invoice and Section IV -Summary of Total Project Fees . The total fee which includes lump sum fee for design services and time and materia l for construction services 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 . For Task 6.0, the ENGINEER shall be compensated a total not to exceed $28,687 for personnel time , non-labor expenses and subcontract expenses in performing construction services enumerated in Attachment A as follows : i. Personnel Time . Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work . Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries , overhead , and profit. Labor Category 2011 Rate 2012 Rate ($/hour) ($/hour) Principal 239.00 246 .00 P .E . Sr . Project Manager 181 .00 187 .00 P .E. Sr . Enaineer 165.00 170.00 Junior Enqineer 108.00 111 .00 CADD Technician 79 .00 82 .00 Administration 74.00 76.00 RPLS Project Manaqer 142 .00 146.00 Sr. Survey Technician 97.00 100 .00 Survey Technician 91.00 93 .00 3 man Crew 187 .00 193.00 2 man Crew 148.00 153.00 Abstractor 55 .00 56 .00 ii. Non -Labor Expenses . Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to , m ileage , travel and lodging expenses ,· mai l , supplies , printing and reproduction services , other direct City of Fort Worth , Texas Attachment B PMO Official Release Date : 5.19 .201 O Page 1 of 5 C . 11. A. B . C . D . Ill. A. ATTACHMENT B COMPENSATION expenses associated with delivery of the work ; plus applicable sales , use, value added , business transfer, gross receipts , or other similar taxes . iii. Subcontract Expenses . Subcontract expenses and outside serv ices shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv . Budgets . ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary . ENGINEER is not obligated to incur costs beyond the indicated budgets , as may be adjusted , nor is the City obligated to pay ENGINEER beyond these limits . If ENGINEER projects, in the course of providing the necessary services , that the PROJECT cost presented in Article 2 of this Agreement will be exceeded , whether by change in scope of the project, increased costs or other conditions , the ENGINEER shall immediately report such fact to the C ity and , if so instructed by the City , shall suspend all work hereunder. When any budget has been increased , ENGINEER 's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase . The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment for Design Services 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 Standard Agreement and according to the current version of the City of Fort Worth 's Schedule Guidance Document. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments . Each invoice shall be verified as to its accuracy and compl iance with the terms of this Agreement by an officer of the ENGINEER. Method of Payment for Construction Services The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER , based on the actual hours and costs expended by the ENGINEER in performing the work . City of Fort Worth , Texas Atta chment B PMO Official Re lease Date : 5.19 .2010 Pag e 2 of 5 ATTACHMENT B COMPENSATION B . Each invoice shall be verified as to its accuracy and compl iance with the terms of th is Agreement by an officer of the ENGINEER. C . ENGINEER shall prepare and submit invoices in the format and including content as presente d in Exhibit 8 -1 . D . Payment of invoices w ill be subj ect to cert ificat ion by the City that such work has been performed . IV. Progress Reports A The ENGINEER shall prepare and submit to the designated representat ive of the Storm Water Department monthly progress reports and schedules in the format requ ired by the City. V . Su mmary of Total Project Fees Firm Primary Res p on s ib ility I Fee Amount I % P r ime Co nsulta nt ARS Engineers , Inc. I Eng ineering , Surveying , SUE I $128 ,609 I 68.68 · (Partial), & Project I Man a gement I I ARS Eng ineers, Inc. Construction Services I $28 ,687 I 15 .32 Pro posed M/WBE S ub-C onsultants STL Eng ineers l Geo-Te chnical Re port I $9 ,000 ! 4 .81 I EJES , Inc. I Walker Re p rographics I SWP P P $7 ,000 3 .74 I I Pri nting & Re prod uction $4 938 2 64 Gorrondona & i Subsurface Utility Eng ineering l $9 ,000 I 4 .8 1 I Associ ates , Inc. I I I I I I I I I I No n-M/W B E Consulta ni TOTAL i $187,234 100% Project Number & Name Total Fee M/WBE Fee M/WBE % Oakwood Trail Storm Drain Ext . -City $187 ,234 $29 ,938 16 .00% Project No . 00675, D .O .E . No . 5681 C ity M/WBE Goal= 16.00% Consultant Comm itted Goal = 16.00 % City of Fort W ort h , Te xas Atta chment B PMO Officia l Re lea se Date : 5.19 .20 10 Page 3 of 5 i I i ! I I City of Fort Worth , Texas Attachment B PMO Offic ial Release Date : 5.19 .2010 Page 4 of 5 ATTACHMENT B COMPENSATION EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for Oakwood Trail Storm Drain Extension City Project No. 00675, D.O.E. No . 5681 City of Fort Wort h, Texas Anachment B PMO Official Re lease Date : 5 .19 .2010 Page 5 of 5 See following pages Professi onal Services Payment Request Proleci Ma nager: Rya n s . Hague , P.E. Pr oject: Oakwood Tra il Storm Dra in Extens ion City Project #: 00675 Wor k Type De sc : Con sutl ant In stru ct ions : F/AIC : City Sec Number : Purchase Order : Company Name : AR S Engineers . Inc. Consultant's PM : Ram Gopal, P .E. Vendor Invoi ce#: Payment Request #: From Date : To Date : Invoi ce Date : Pay Items Descri ption Totals This Unit : FIii in gree n eels lnc lud lng Percen t Complete and In vo iced Prevlou sty QuanlOes Whe n your lrw ok::e Is complete , save and d ose, sta rt Buzzsaw and Add your Invoice to the Consutl anl fold erwtthln Project's folder. emall : rgopal@>arsergineers.com Offi ce Address 10 1 Summil Avenue . STE . 510. Fon W onh, TX 76 102 Tele phone : 8 17-332-7640 Fax : 8 17-332 -7686 Agreement Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount Overall Percentage Complete : Percent ($) Invoiced Current Remaining Comoleted Prevlouslv Invoice Balance Professional Services Pa ment Re uest Project Manager: Ryans . Hague , P.E. Summary Project: Oakwood Trail Storm Drain Extension City Project#: ~0_0_67_5 ______ ..., City Sec Number : Purchase Order : Company Name:!._A_R_s_E_n_g_in_ee_,_s._i_nc_. _________ __, Consultant's PM : Ram Gopal . P.E. Vendor Invoice #: Payment Request#:,__ ________ __. From Date : To Date : Invoice Date : Consultant In st ruct ion s: FIii in green cells Including Invo ice Number, From and To Oates and the Included worksheets . When your Invo ice Is complete, save and close, star1 Buzzsaw and Add your Invoice to the Consultant folder within Prefect's folder. emall : roooallwarsenoineers.com I Office Address 101 Summ it Avenue . STE . 510. Fort Worth , TX 76102 Telephone : 817-332-7640 I Fax: 817-332-7686 I Agreement Agreement Amendment Amount to Completed Percent ($) Invoiced Sheet FAC and Work Type Description Amount Amount Date Amount Completed Previously Wo rk Type 1 WorkTvce 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Payment Request Overall Percentage Complete: LOCK Current Remaining Invoice Balance Exoense Task No. Task Description E 1.0 Proiect Manaaement $0 1.1 Manaaina the Team 1.1.1 Internal Team Meetinas 1.1 .2 QA/QC 1.2 Communicat ions and Reoortina 1.2.1 Pre-DesiQn Coordination Meetina [monthly, bi-monthly, monthly] Proj ect 1.2.2 Uodate Meet inas 1.2.3 DesiQn Submittal Review Meetinas 1.2.4 Prepare Baseline Schedule t'repare Montnly 1-'rogress Reporls with 1.2.5 Schedule 1.2.6 Preoare Monthly MWBE Reoorts 1.2.7 lnvoicinQ 1.2.8 Pro ject Site Visit 2.0 Conceptual Desian 130-Percentl so 2.1 Data Collection 2.2 Dra inaae Comoutations and Drainaae Area Ma 2.3 Pollutant Removal (lnvestiaate Lona Te rm BMf 2.4 Subsurface Ut ility EnQ ineerina 2.5 Des ian DrawinQs 2.6 Proiect Decision Loa 2.7 Construction Estimate 3.0 Preliminarv Desian (60 Percent) 3 .1 Preliminarv Des iQn Drawinas 3 .2 Geotechnical lnvestiaat ion/Pavement Des ian 3 .3 Constructabil itv Review 3.4 Public Meetina 3 .5 Utility Clearance 3 .6 Traffic Control Plan 3.7 Project Decision LoQ 3 .8 Construction Estimate City of Fort Worth , Texas Att ac h ment B -Level of Effo rt Supplem en t PMO Official Release Date : 5 .19 .201 O so Travel Total Expense Task Sub Total Reproduction Cost $0 $0 $0 $14 189 $0 $706 $0 $1 ,41 1 $0 $628 $0 $1 ,411 $0 $1 ,488 $0 $706 $0 $408 $0 $882 $0 $1 ,102 $0 $0 $9 000 $48 233 $0 $915 $0 $6 ,444 $9,000 $13 ,939 $0 $19,328 $0 $408 $0 $1 ,323 $0 $0 $9,000 $27 ,120 $0 $11,654 $9,000 $9,000 $0 $1 ,555 $0 $2 ,933 $0 $882 $0 $0 $0 $408 $0 $689 1 of 3 Exoense Task No . Task Description Travel BE 4.0 Final Desian Final Draft (90%) Construction Plans and 4.1 Soecifications 4.2 Final 1100%l Pla ns and Specifications 4.3 Project De ci s ion Leas (90% and 100%) 4.4 Construction Estimates 790% and 100%) 5.0 Bid Phase 5.1 Bid Sunnort Sell Contract Documents and Mainta in Plan Ho 5 .1.1 List 5.1 .2 Issue Addenda 5 .1.3 Attend Pre-bid Conference 5 .1.4 Attend Bid Ooenina :,,1 ,:, I aou1ate l:l1ds and Recommena Award 0.1.t> issue Lontormea Lonrrac uocumems 6.0 Construction Phase Services 6.1 Construction Sunnort 6 .1.1 Attend Preconstruction Conference 6 .1.2 Attend Public Meetina 6 .1.3 Proie ct Site Visits 6 .1.4 Submittal Review b .1 .:0 Heauest ro r 1nrormat1onfChanae uraer Hev1ew 6 .1.6 Final Walk Throuoh and Punch List 6.2 Record Drawina s 7.0 ROWfEasement Services Right-of-Way Research (Boundary Research , 7 .1 Locate property corners) Right-of-Way/Easement Preparation, Bo un dary 7.2 Analysis and Submittal 7 .3 Temoorarv Riehl of Entrv Submittal 8.0 Survev Design Survey (Additional Topographic Survey, 8 .1 Locate & Measure Sanitarv Sewer Lines) 8 .2 Construct io n Survey 8 .3 Verify Ho rizontal and Vertical Control City of Fort Worth , Texas Attachment B · Level of Effort Supplement PMO Off ic ial Release Date : 5 .19.2010 $0 $0 $0 $0 $0 Total Expense Task Sub T otal Reproduction Cost $0 $0 $0 $18 528 $0 $11,312 $0 $5,887 $0 $408 $0 $921 $0 $0 $0 $8158 $0 $1 ,632 $0 $1 ,720 $0 $673 $0 $1 ,009 $C :t,l ,J/C 'sr ,l)00~ $0 $0 $0 $28,687 $0 $1 ,009 $0 $2,106 $0 $4 ,234 $0 $4 ,410 "' ::>0 ,0'+C $0 $1 ,345 $0 $6 ,262 $0 $0 $0 $12 162 $0 $5 ,911 $0 $5 ,601 $0 $650 $0 $0 $0 $10 154 $0 $9 ,05 1 $0 $0 2 of 3 Task No. Task Description 9.0 Permittina 9.1 SWPPP 9.2 Environmental Services 9.3 Floodplain Services 9.4 TxDOT 9.5 Railroad 9.6 TDlR City of Fort Worth Parks Conversion (Tree 9.7 Mitigation) 10.0 Other Costs 10 .1 Mao/Deeds 10.2 Milage 10.3 Reprographics (Xerox copies & Plots) 10 .4 Delivery/Courier Service City of Fort Worth , Texas Attachment B -level of Effort Suppleme nt PMO Official Release Date : 5. 19 .201 O Expense Travel BE $0 $0 $0 $857 $757 $100 T$0 $857 Total Expense Task Sub Total Reproduction Cost $0 $7000 $10 230 $7 ,000 $7 ,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3 ,230 $800 $6 595 $6777 $0 $182 $757 $757 $500 $5,438 $5 ,438 $300 $300 $300 $100 $100 $800 $31,595 $184,240 Project Summary Total Hours 1,304 Total labor $152,645 Total Exoense $31 ,595 MWBE Subconsultant $29 ,938 Non -MWBE Subconsultant $0 1 0% Subconsultant Markup $2 ,994 MWBE Participation 16 .0% Total Prolect Cost $187,234 3 of 3 ATTACHMENT "C " CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Des ign Services for City of Fort Worth , Texas Attachment C PMO Re lease Date : 05 .19 .2010 Page I of I Oakwood Trail Storm Drain Extension City Project No . 00675 , D.O.E. NO. 5681 NIA Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D -Project Schedule FORT W ORTH ----...., I ,--• L 771is PROTECT requires a Tier D-1 schedule as defined herein and in th e City's Schedule Guidance Document. Dl . CONSULTING SERVICES SCHEDULE DEVELOPMENT: The CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showing by Critical Path Method (CPM) the planned sequence and timing of the Work associated with the Agreement. All submittals shall be submitted in PDF format, and schedule files shall also be submitted in native file format (i .e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are : Primavera (Version 6.1 or later or approved by CITY) Primavera Contractor (Version 6.1 or later or approved by CITY) Primavera SureTrak (Version 3.x or later or approved by CITY) Microsoft Project (Version 2003/2007 or later or approved by CITY) D2 . BASELINE CONSULTING SERVICES SCHEDULE: Following notice-to-proceed, the CONSULTANT shall develop, submit and review the draft detailed baseline consulting services schedule with the CITY to demonstrate the CONSULTANT's understanding of the ' Agreement requirements and approach for performing the work. The CONSULTANT will prepare the final detailed baseline consulting services schedule based on CITY comments, if any, and submit to the CITY no later than the submittal of the first project invoice . The following guidelines shall be adhered to in preparing the baseline schedule, and as described in further detail in the CITY' s Schedule Guidance Document. a. The scope shall be subdivided by work breakdown structure (WBS) representing the tasks, subtasks, and activities associated with delivering the work. b. The schedule shall accurately describe the major work activities , key milestones, and dependencies/relationships as appropriate to the work. c. The scheduie should include appropriate meetings, review periods, critical decision points, including third party utility dependencies and reviewing agencies . D3 . PROGRESS CONSULTING SERVICES SCHEDULE: The CONSULTANT shall prepare and submit monthly to the CITY for approval the updated schedule in accordance with Dl and D2 and the CITY's Schedule Guidance Document inclusive . As the Work progresses, the CONSULT ANT shall enter into the schedule and record actual progress as described in the CITY' s Schedule Guidance Document. The updated schedule submittal shall also include a concis e schedule narrative that highlights the following, if appropriate and applicable : • Changes in the critical path, • Expected schedule changes, • Potential delays, • Opportunities to expedite the schedule, City of Fort Worth , Texa s Attach ment D PMO Re lea se Dat e : 06 .30.2009 Page 1 of 2 • Coordination issues the CITY should be aware of or can assist with, • Other schedule-related issues that the CONSULTANT wishes to communicate to the CITY. 04. PERFORMANCE AND CONSULTING SERVICES SCHEDULE: If the work accomplished falls behind that scheduled due to factors within the CONSULTANT's control, the CONSULT ANT shall take such action as necessary to improve the progress of the Work. In addition, the CITY may require the CONSULTANT to submit a revised schedule demonstrating the proposed plan to make up the delay in schedule progress and to ensure completion of the Work within the allotted Agreement time . 05. SCHEDULE TIERS SPECIAL INSTRUCTIONS: The requirements for the schedule are determined based on the nahlre and needs of the project. The schedule tier for this project is stated at the top of . this document. CONSULTANT shall submit each schedule relying on the CITY's current Schedule Guidance Document. 06. SCHEDULE SUBMITTAL AND PAYMENT: As stated in III .A.(1). of the Agreement, CONSULT ANT shall provide the information required by Attachment D . CONSULTANT's monthly invoices will not be accepted and processed for payment without monthly schedule updates that are submitted in the time and manner required by Attachment D and the CITY' s current Schedule Guidance Document. City of Fort Worth , Texas Attachmen t D PMO Re lease Date : 06 .30 .2009 Page 2 of 2 Attachment "D" Project Schedule Oakwood Trail Storm Dra in Exte nsion City Project No . 00675 . DOE No . 5681 0 Task Name Duration S1i111 F"'inish Otr•.2010 Otrl ,2011 Otr2,2011 OtrJ.2011 Otr •.2011 --,-;--Not1ce 10P,oce&d -·----·----·--------------,day -lue10/26110 Tu•I0/261 10 ~l~-Dec -Jan~[ MM _ -~~I-~=c.Jun -~~-.§!!> Od::I:. ~Dec -1: Pre-Engineenno Sdays Data Collection l Odays -:~:: Di!slgnPhaH 1Jldays Conuptual Engin•uing 42days Survey 25 days , I Pr,ipare Conceptual Eng1ne@fing ptans 2S days --;--1 JQ,-. Conceptual Plan Subminal tday ·=] Conceolual Pia,, Review by City IOdays ·~ ProjeCI Review Meeting 1day '' Prellmlnary Englneerlng 51days ~; ___ g Prepare Prel,minary Plaii, and Spec,ltcahons (60%1 •Sdays s o,-. P1el!rrinary Plat\ Subtrillal 1 day "l Pr eliminary PtMs and SPf!c:ific atioos Review by City 10days :l Pro1 ect Re111ew Meetrno !day Submt Plans to Utility Coimariin 1 day 17 Public Meeliog 1 day ,, Final Engineering 37 days ,g-Prepa111 Fin/II Phms and Spe:cificalions (SO-I.) 1Sdays ,.-1 90 •4 Prellrrinary Plan Subrrinal 1 day ':] Fin al Plans Md Spcilication ReviN by the City Sdays 4 P1ojecf ReYIN Mee11n9 1 day 23 .Address Final Rev,ew Corrmenls 7days Ii"" Submit Final Plans a,,d Specilicaoon ( t oo•t.) I day 25-O,culate Plans tor Signatu•es 7days ~l Con1trucUon PhHe 190 days Pre-Construcllon Anl1tance 62d1y1 ~:a Advt1rlis'! P1 ojed JO day• Coen Bids 1 day P,oje ct Aw;wd JO d ays " P,e-Construcfion Conle,ence 1 day Construction Phase Servk:e, 105 days Cons 1rudion Supporl 90days P,ojecfSite Visit I day 35 3 Pubhc Meetmg I d ,y -,. 3 SUbmittNReview 90days Wed 10/27/10 Wed 1 1/3/10 Wad10/27/10 Wad 10/27/10 Wed 10/27110 Wf!dll/J/10 Wed 12/a/10 Thu 12/9110 Thu 12/23/10 P:rl 12/24110 Fri\2/2'110 Fri2/2S/11 Mon212&'11 MonJ/11/11 Tue 3115/11 WadJ/16/11 Thu 3117/1 1 Thu 3117111 Thu 4f7111 Fri4/81 1 1 Fril/15/11 Monl/18111 Wf!dl./21/11 Thu412&'11 Mo"5/9/11 Mon 511/11 Mon 519/11 Mon 6/20l11 Tue612 1/11 TueS/2/11 Mo"t/$11 1 Mon9/5J.11 Mon1 19/12 Tue 1110/12 Mon9/5/11 Tue 1 112110 Tua 11/16/10 FrlSN11 Thu 12/23/10 Tua 11130/10 Tue 1211110 Wed12/11110 Wed 12/22/10 Thu 12123110 Wadl/16111 Thu2/2"11 Fri2/25/11 FiiJ/11111 Monl/11111 TueJ/1S/11 Wedl/1 61 11 Fr1SN11 Wtld4/6/1 1 Thu l n/11 Thu4/U /11 Fril/15/11 Tue "26/11 We<J•121111 Fri5/6/11 Fri 1/2711 2 Tua t/2/11 ·F,16/17/11 Mon6/20/11 Mon811111 Tue8f2/11 Frt1/27f12 Fri 1/6fl2 10127 .1112 11 d i1111111 I , I : • • 10121 .-11/30 1113 12/7 12/8 f12111 "" 12/22 T 12/23,!l~J 12/24 2/24 .j. 21251212• 212,111.3111 I J/14 ll/14 : ... J /151 13/15 : J/16 jJ/16 : ;; ' . J/17 -i4'6 .;, r417 •~ ifl,-v1 c '.4115 j.,1s : "" il :4121 4127 r4/27 4121 ii 515 "' ~6117 ,/20 T 112·0 6/21 1/1 '" 111 0 11110 ~~ ;;· 9 RFI I Change Orde1 Review 90days Mon 1/9112 Tua 1110112 Fri 116/12 Fri l l&/12 Fn 1/27112 9/5 ,,,. ,.--3 Record Drawings Pr~ :Oakwood Trail s rcrm Drain Ert. Days shown are working days Task Progress C1111c.alTask tSdays Mon 119112 Critical Task Progress Milestone • Rolled Up Task Rolled Up C ritlcal Task Sul'l"IITlary l@ .. ••••O Rolled Up Milestone 0 Page 1 of 1 119 1127 Rolled Up Progren P ,oj~ct Surrma,y • • Splil I •• Group By Sl,lllYTW"f ··----·· Oedne Wed 9/15/10 OAKWOOD TRAIL STORM DRAIN IMPROVEMENTS ARS Engineers, Inc. 17 18 9 8 16 19 ANTA 7 i SCALE: 1" = 200' SD 2f1!8-400 MN'SCO 65V CITY PROJ. NO. 00675 September 20 , 2010 Mr. Ayub R. Sandhu , P.E., RPLS President ARS Engineers , Inc . 5910 N . Central Expressway , Suite 1000 Dallas, Texas 75206 Phone : 214-739-3152 E-mail : asandhu@arsengineers .com RE: LETTER OF INTENT GEOTECHNICAL INVESTIGATION OAKWOOD TRAIL STORM DRAIN IMPROVEMENTS FORT WORTH, TEXAS Dear Mr. Sandhu : Southwestern Test ing Laboratories, L.L.C ., dba STL Engineers (STL) is pleased to present this "Letter of Intent" to offer ARS Engineers , Inc . geotechnical engineering services for the above referenced project in the amount of $9,000 .00 in order to meet the M/WBE goal for the above referenced project. STL 's geotechnical Investigation will consist of the following : • Perform subsurface investigation at accessible areas at the project area; • conduct laboratory testing to evaluate soil , rock and groundwater conditions encountered at the boring locations ; • provide soil parameters and recommendat ions for the storm drain foundation design requirements ; • estimate settlement and expansion potential , and lateral earth pressures , if applicable , and • provide recommendations for the 48 -inch storm Reinforced Concrete Pipe (RCP), and related earthwork . Thank you for the opportunity . We look forward to working with you on th is project. Sincerely, Accepted ARS Engineers, Inc. Ayub R. Sandhu , P.E., RPLS President Geotechnical Engineering • Environmental Consulting • Construction Materia ls Testing 1420 West Mockingbird , Suite 550 • Dallas , Texas 75247 • Tel : 214-630-3800 • Fax : 2 14-630-3898 www .stlengineers .com MN/BE • DBE • HUB • HUBZone ·------------------·-··· ·------·-····· -~-- INCORPORATE D August 30, 2010 Mr. Ayub Sandhu, P.E. ARS Engineers, Inc. 5910 North Central Expressway, Suite 1000 Dallas, Texas 75206 214-739-3152 RE: Letter of Intent City of Fort Worth Design Services for Oakwood Trail Storm Drain Extension City Project No. 00675, D.O.E. No. 5681 Dear Mr. Sandhu: EJES, Inc. is pleased to present this "Letter of Intent" to provide ARS Engineers, Inc., civil engineering design services for an amount not to exceed $7,000.00 . Services will consist of the preparation of a storm water pollution prevention plan (SWPPP) project manual including the development of temporary sedimentation and erosion control plans for Oakwood Trail Storm Drain Improvements in the City of Fort Worth, Texas . All documents will be subject to the terms and conditions as outlined in the prime engineering agreement between ARS Engineers, Inc. and the City of Fort Worth . Sincerely, <---· ----~--·- £~13 . 2 Edwin B. Jones , P.E . President EJES , Inc . 8-30-10 Date Accepted ~Z-~ 9/01/10 Ayub Sandhu , P .E . Date President ARS Engineers , Inc . 9401 LBJ Freeway, Suite 300 • Dallas, Texas • 75243 • 214.343.1210 1 2 3 City Of Fort Worth Oakwood Trail Storm Sewer Extension City Project No. 00675, D.O.E. No. 5681 Augusr 30, 201 0 DESCRIPTION OF WORK TASK DESIGN VERIFICATION (FC 351) Project ManaQement & Design Coordination Temoorarv Sedi mentation & Eros ion Control Plans /Deta ils SWPPP Project Manual Subtotal SWPPP Design Documents GRAND TOTAL Sen ior Sen ior PM Enginee r $1 29.87 $106 .78 5 4 4 13 13 PROJECTED MANHOURS PER CLASSIFICATION Pro ject Design Senior Senior GADD Eng Clerical Total EJES Total Engineer Eng Eng Tech GADD Operator Intern Adm in Hours Loaded $98.12 $92.35 $69.26 $69.26 $57.72 $43 .29 $49.06 Labor Cost -- 6 6 3 20 $1,800 .81 8 10 6 28 $2,291 .40 12 9 12 37 $2 ,908.98 20 25 21 85 $7,001.19 20 25 21 85 $7,000.00 WALKER I ;J =I :J ;J•Xfl ;1!1:J:113--i 3225 t-30 • Suite B • Mesquite, TX 75150 (972) 681-5789 (972) 681-5792 FAX walkerrepro@airmail.net October 8, 20 I 0 Mr. Ayub R. Sandhu, President ARS Engineers, Inc. 5910 N. Central Expressway, Suite 1000 Dallas, Texas 75206 RE : Letter of Intent Reprographic Services for Oakwood Trail Stenn Drain Improvements Project Dear Mr. Sandhu: Walker Reprographics is pleased to submit this Letter of Intent to provide the necessary reproduction services as requested by your firm for the above mentioned project . It is our understanding that we will perform a maximum of $4,938 worth ofreproduction on an as needed basis . If you have any questions, please do not hesitate to call me . Sincerely, Mike Walker President City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/25/2011 DATE: LOG NAME: SUBJECT: Tuesday , January 25, 2011 20DESIGN_OAKWOOD_TRAIL REFERENCE NO.: **C-24691 Authorize an Engineering Agreement in the Amount of $187,234.00 with ARS Engineers , Inc., for the Design of Oakwood Trail Storm Drain Improvements in the Woodhaven Neighborhood (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an engineering agreement with ARS Engineers , Inc., in the amount of $187,234.00 for design of improvements to Oakwood Trail Storm Drain in the Woodhaven Neighborhood. 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 Project Bond 2009 Fund to fund a two-year storm water capital project program. The existing drainage swale behind the Oakwood Trail townhomes is experiencing considerable erosion which is threatening private property. A Request for Qualifications (RFQ) to provide drainage design was is sued by the City in January of 2006. Design consultants submitted statements of qualifications, including ARS Engineers , Inc. ARS Engineers, Inc., was selected to study the drainage in this area and to provide design services for any identified drainage improvements for the Oakwood Trail Storm Drain Improvements project (City Project No. 00675). The services for the subject engineering agreement will include the following: storm drain and pavement design including design of erosion control measures, preparation of engineering plans and contract documents for the bidding and construction of the recommended improvements and construction phase services. ARS Engineers, Inc., proposes to perform the necessary design services for a lump sum of $158 ,547.00. Special services during the construction phase will be performed on an hourly fee basis not to exceed $28,687.00. City Staff considers this to be fair and reasonable for the scope of services proposed . ARS Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to 16 percent M/WBE participation. The City's goal on the project is 16 percent. This project is located in COUNCIL DISTRICT 4 , Mapsco 65V. .. 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: Orildnatim: Department Head: Additional Information Contact: ATTACHMENTS 1. 00675 MWBE Compliance Notice.pdf 2. FAR-00675-00003-Desi20,pdf 3. fundin~verification.doc 4. M AND C 00675.pdf FROM Fund/Account/Centers P227 531200 204280067530 P227 531200 204280067580 Fernando Costa (6122) William Verkest (7801) Ryan Hague (7952) $158,547.00 $28,687.00