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044417 - Construction-Related - Contract - Fort Worth South, Inc.
CI1Y AG AR 1 1 i f CONTRACT N0, � , 1 ` 1 DESIGN PROCUREMENT AGREEMENT SOUTH MAIN STREET WHEREAS, Fort Worth South, Inc., ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), each desire to make certain improvements to South Main Street from Vickery Blvd. to Magnolia Avenue in the City of Fort Worth, including the realignment of water and sanitary sewer facilities, roadway reconstruction, installation of streetscape amenities in a context sensitive approach and related drainage improvements (the "Project"); and WHEREAS, Developer is a 501(c) (3) corporation, and is willing to advance the Project on an earlier schedule than it might otherwise have been implemented at no additional cost to the City; and WHEREAS, Developer engaged the services of Dunaway Associates, L.P. ("Dunaway" or "Engineer") to complete a detailed conceptual design study, working closely with City Staff, and will retain the services of Dunaway to provide for the final design and construction plans for the project; and WHEREAS, Staff has reviewed the scope, fee, and schedule for the design of the project and find them to be fair and reasonable; and WHEREAS, City and Developer intend to execute an Infrastructure Construction Agreement that provides for the Developer to award, construct, and seek reimbursement from the City for a portion of the construction costs and certain construction related expenses subject to the availability of funding and based on a public bid process. NOW, THEREFORE, for and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Project will generally consist of certain water, sanitary sewer, paving, streetscape, and drainage infrastructure improvements related to the rehabilitation and retrofit of S. Main Street as further described on Attachment A. A current estimate of the construction cost is shown as Attachment B. B. Developer will retain Dunaway Associates, L.P. as the Engineer for the Project pursuant to a written agreement between them (the "Engineering Contract") that has been reviewed by the City and which is attached hereto as Attachment C. Design Procurement Agreement CFW- FWSI S. Main St. Reconstruction Page I of 4 Q►'ctr ^Izr -SEUKETARt RECEIVED tgf -1 2013 C. City agrees to reimburse Engineer, on an invoice -basis, for Engineer's work on the water and sanitary sewer design elements, upon presentation, via Developer, of a monthly invoice for design and preparation of final plans, engineering drawings, studies, renderings, contract specifications, estimates, and other documents, (collectively the "Water and Sanitary Sewer Work Product") necessary to construct the water and sanitary sewer improvements required by this Agreement. Reimbursement shall be based on the compensation specified in the Engineering Contract, in an amount not to exceed $160,000.00. Upon final payment, all designs, drawings, specifications, documents, and other Work Product, whether in hard copy or in electronic form, shall become the property of the City. D. The Developer further covenants and agrees to, and by these presents does hereby, indemnify and hold the City, its officers, agents and employees harmless against any and all suits, actions or claims of any character, including, but not limited to, those for property damage or loss and/or personal injury including death, that may relate to, arise out of or be occasioned by (i) Developer's breach of any of the terms of this agreement or (ii) any act or omission of Developer or any of its affiliates, their officers, agents, associates, employees, contractors or subcontractors, related to the project, except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the city its officers, agents, employees, or separate contractors, and in the event of joint and concurrent negligence of both Developer and the city, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas. E. Developer agrees to require Engineer to, pursuant to Texas Local Government Code Section 271.904, 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, Design Procurement Agreement CFW- FWSI S. Main St. Reconstruction Page 2 of 4 consultant under contract, or another entity over which the Engineer exercises control. F. Developer agrees that the Engineering Contract shall include provisions granting to the City the right to enforce such contracts as an express intended third party beneficiary of such contract. ACCORDINGLY, the City, through its Assistant City Manager, and Developer, through its President, have each caused this instrument to be executed in multiple counterparts to be effective as of the date subscribed by the Assistant City Manager. FORT WORTH SOUTH, INC. By: Paul F. Paine President// Date: `/' 2 �— Recommended by: Water Department K) .�(Z)-ILd' Wend Chi abulal EMBA P.E. Y > Development Engineering Manager Approved as to Form & Legality: Douglas W. Black Assistant City Attorney Design Procurement Agreement CFW- FWSI S. Main St. Reconstruction CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: Transportation & Public Works Department k / /�- Douglas W. Wiersig, P.E. Director M&CNo. C-Z6L1 Date: K- Z 3- 13 OFFICIAL RECORD CITY SECRETARY Page 3 of 4 FT. WORTH, TX I t r ,}' . ,s t �,� � v �� � .� � ',t y4 i Y 't4 � � � a b �� i ryi � cy .� � _a � a , J` ' �� i ,� 'r List of Attachments to this Agreement Attachment A — Concept Plan/Work Area Attachment B - Construction Cost Estimate Attachment C — Engineering Contract [follows] Design Procurement Agreement CFW- FWSI S. Main St. Reconstruction Page 4 of 4 Dunaway No. B000417.003 April-8r, 2013 Mr. Paul F. Paine 'Fort Worth South, Inc. 1606 Mistletoe.Boulevard Fort Worth; TX 76104 Reference: Proposal for Professional Services South Main Street (E. Vickery Boulevard to-W. Magnolia Street) Dear Paul: Dunaway Associates, L.P. (Dunaway) is `pleased to submit this proposal for professional services for South Main Street. Based on our meetings held with you and City staff on March 121,and April 3� we believe the following scope of services will meet your needs for this project. BASE SCOPE OF WORK Topo iraohic Survev — Dunaway will provide a topographic survey of the area defined in Attachment C. One foot interval contours will be developed based upon the results of the measurements taken. Existing visible utility facilities will be located and depicted on the face of the survey along with any other visible improvements situated within the defined area. The location of existing street rights -of -way within the subject area will be determined and shown on the surrey. The location and -threshold elevation of all door openings along and facing the subject portion of South Main Street and located within.15 feet beyond the street right-of-way limits will be shown on the surrey. The vertical datum upon which the elevations are based will be two or more nearby City of Fort Worth benchmarks, 2. Proiect Management -- Dunaway will provide the following: a. Provide general project coordination and support services for the urban revitalization of South Main Street: b. Coordinate departmentally balanced project approach with City`s Project Management Group between TPW, Water, Storm Water, Legal, and Planning Department. c. Project management and meetings as required to complete 100°la Design Phase including the following: Conduct and document the project kick -of meeting. Conduct and document project stakeholder meetings, as required. Conduct and document design meetings, as required. d. Act as a development liaison between the City, Fort Worth South, and the Stakeholders. `` D040Y AMM SUR04004 FCdWMNT0XN76197 Tm OMMJ 121 &FOX 6P,330,7 47 0U(10W0Y0%00X9tCQ tF Proposal for Professional Civil Engineering and Land Surveying Services South Main Street (E. Vickery Boulevard to W, Magnolia Street) April 8, 2013 / Page 2 e. During the design phases, Dunaway will use good faith and diligent efforts to inform the stake holders of any potential conflicts arising out of:project construction. 3. Water and Sanitary Sewer Design Services -- See Attachment 'K for scope of services and Attachment "B" for anticipated level of effort to complete this task. 4. Construction Plans and Soecifications, Pavina / Storm Drain Design — Dunaway will prepare construction plans and specifications for the public infrastructure improvements (paving, storm drain, traffic control and details) required for this project. These plans and specifications will be signed and sealed by a Registered Professional Engineer licensed in the State of Texas and will be processed with the City of Fort Worth for approval and construction. 5. Traffic Siqnal Design — Dunaway will provide the below scope of work for a new traffic signal at E. Vickery Boulevard and Hattie Street. It is assumed that the traffic signals at Rosedale Street and Magnolia are NOT to be improved and are NOT included in the base scope of Work. a. Dunaway will prepare for and attend. one (1) joint kick-off meeting with the CITY, b. Dunaway will obtain hard copies of record drawings from the CITY, if available. The record drawings should include but not be limited to the proposed roadway plans, right-of-way information and utility plans. If available, the CITY will furnish Dunaway electronic copies of the Microstation CADD files of the existing record drawings or proposed construction plans. For current signafted intersections, the CITY will furnish existing timing data. c, Dunaway will determine the pedestrian and ADA requirements for each project intersection. d. Dunaway will create base plan sheets for signal plans from the record drawings and aerial photography provided by the CITY. e. Dunaway will prepare an existing conditions: layout. f. ' Dunaway will meet With the CITY in the field to discuss the electric service, communications, vehicle detection -and Opticom requirements at each intersection. All existing and proposed utilities, pavement widths, lane configurations and traffic control devices will be determined based on field observations and the record drawings provided by the CITY. g. Dunaway will recommend the appropriate traffic signal phasing for each intersection 'with consideration to the capabilities of current CITY controller hardware and 'software operation functions. GtPr3tductiarste604Cgtt#1OC441r�orcasl ancptij43 inat Sutshkncd main St�Nr�ai 2023o as dog Proposal for Professional Civil Engineefing and Land, Surveying Services South Main Street (E. Vickery Boulevard to W. Magnolia Street) April 8, 2013 / Page 3 h. Dunaway will prepare the Plans, Specifications and Estimates (PS&E) traffic signal designs for each intersection. PS&E for the above work shall be prepared in accordance with the applicable requirements for CITY plans, details, specifications, standards and manuals.. The ENGINEER will review the general notes, traffic signal specifications and standard general provisions supplied by the CITY for applicability -and modify (if necessary) -for the respective locations. Dunaway will prepare and .submit the quantity estimates and engine ' ers opinion of probable construction cost spreadsheets prepared in Microsoft Excel for each Intersection. j. Dunaway will .provide the CITY a CD of the electronic traffic signal design files, quantity estimates and engineer's opinion of probable construction costs for each intersection. 6. Storm Water Manacierriont Plan (SWMP) — A SWMP will be prepared per the City of Fort Worth guidelines and practices. This plan Ian will be processed with the Infrastructure Plan Review, 7. Landscape Architecture — HafdacaDe Design a, Streetscar)e Desian — Dunaway will prepare layout and jointing plans showing the location of hardscap6 finishes and features such as sidewalks, benches, street furnishings, planters, tree grates, Spec ' ialty paving, fipnrpes, street lights standards, etc. Dunaway will also develop brick harvesting / re -use initiatives and incorporate into design when possible. b, Grading Plans — Dunaway will prepare grading plans for the pedestrian areas adjacent to the roadways within the ROW. Dunaway intends to design the sidewalks to follow the slope of the roadway and to provide a continuous ADA accessible route throughout the ROW. Dunaway will maintain or improve current threshold conditions at building entries and will design the streetscape, in an effort to minimize the need for rails, walls, and steps but these elements may be required to meet current requirements. C. Uahtina / Electrical Plans — Dunaway will provide the electrical service, distribution and photornetrics for the streetlight, standards illustrated in the layout and jointing plans. These plans will include pole details, electrical risers, schedules and details sufficient for construction. di Site Details — Dunaway will provide site details for use in the construction of the improvements identified in the streetscape design. These details may * include paving and hardscape features such as crosswalks, steps, ramps, handrails, street furnishings, tree grates, and light standards. Main 8L-P(WOSQ1-2Of3"&d" 0 804.9y AftnU$Ulto 40 .0 &FQttVVQr1rt re 74107 0 id. 817,335,1121 0 Fox 817-335-707 Proposal for Professional Civil Engineering and Land Surveying Services South Main Street (E. Vick" Boulevard to W. Magnolia Street) April 8, -2013 / Page 4 S. Plantinci Plans — Dunaway will prepare planting plans and details showing the new plant material locations as they relate to the buildings, roadway, and other site elements. These plans will describe the soil preparation and back -fill requirements for street trees and planting beds. Included in these sheets will be details illustrating tree staking / stabilization methods that coordinate with selected tree grates or site improvements, tree well drainage t dewatering system as required and a planting schedule specifying the recommended plant species and size. Dunaway will assist the City and Port Worth South on the maintenance agreement negotiations. 9: lrriciatioh Plans — Dunaway will produce irrigation plans indicating irrigation component locations and installation details for heads, valves, piping, controllers, etc., which will be prepared to.a level consistent with submission to the City and for construction. The plans will be produced cinder the supervision of a licensed Irrigator to'a scale appropriate to the level of detail required for the project. Dunaway will provide appropriate design calculations,. details and specifications, 10, Storm Water Pollution Prevention Plan fSW3P) — Dunaway will prepare. a SW3P` template for use by the Client's contractor, This template will be prepared in accordance With Texas Commission on Environmental Quality'(TCEQ) regulations for the Texas Pollutant Discharge Elimination System (TPDES). It should be noted that it will be the Client's contractor that will be responsible for completing the information required by the template and for performing the required inspections and maintenance reports. 'Dunaway will assist the Client in r ompleting the required Notice -of -Intent (NO[) that will need to, be filed by both the Client and the contractor. 11. Bid Phase Services — Dunaway will support the bid phase of the project as follows, a. The ENGINEER shalt upload all plans and contract documents onto Buzzsaw for access to potential bidders. b. Contract documents shalt be prepared and uploaded. C. The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw, from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw. d. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's BuzzsaW folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw and mail addenda to all plan holders, e. Attend the pre -bid conference in support of the CITY, wrorn �mnwooacxnno�Rtrc�rr� o,�a ,cc+ioo unur(s �[ p0�ft8000asxoM-S0UAhrn��nSc-Pn*W-2w'8.b &doa 55000313VAvenA WIG 400 4 WI V'10th Texas 76107 4 td- 417,335J121 FO)c 817455.7437 4 Proposal for Professional Civil Engineering and Land Surveying Services South Main Street (E. Vickery Boulevard to W. Magnolia Street) April 8, 2013 /Pager 5 f. Assist the CITY in detern6ining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. 9. Attend the bid opening in support of the CITY, h, Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFVV Bidtools only are to be- uploaded into the project's Bid Results folder on Buzzsaw. Incorporate all addenda into the contract documents and issue conformed sets. 12. Geotechnical Ertq' Services (Pavement Desici pfte_ring _n Repolf) — Geoteftical testing will be performed per City of Fort Worth criteria to detenninethe necessary pavement thickness needed along South Main Street. Upon completion of testing, a report will be prepared and submitted along with our Infrastructure Plans for City review and use. 13. Franchise Utilitv Coordination — Dunaway will coordinate with the CITY and franchise utility agencies. as necessary for the design of the proposed infrastructure. It is anticipatedthat the existing AT&T facilities between W. Vickery Boulevard and E. Broadway Avenue will need to be potholed to determine their final 'depth. It is also anticipated that the existing low pressure gas line located in South Main Street will need to be relocated to the east in Bryan Avenue. 14, Pothole Existing AT&T Facilities — AT&T forces will pothole three (3) separate areas to determine the depth of the existing AT&T facilities. Dunaway will be on -site during the uncovering of these facilities to survey the depth and location. Only those services specifically mentioned in the Scope of Work section are offered as part of this proposal. BASE FEE Dunaway Associates, L.P. proposes to provide the above --described scope of work for a LUMP SUM m- fee of $ 647.210 exclusive of reimbursable expenses.' Fort Worth SoUth Portion - $487,210 City of Fort Worth Water Department - $160,000 Water - $108,800 Wastewater - $51,200 Total - $647.210 Please find attached to this proposal our Standard Terms & Conditions for professional services, which is also pad of this proposal. SutxWW Pr0p00ftWW41?.00-SW1h Main S1,-PMPW--4t3:04(Kd= $600111WAvwue, Suite 4004 FottVAAr1,Farm 76107 4 Tot- $ 17.3 .1121 4 Fb4 017AM7437 Proposal for Professional Civil Engineering and Land Surveying Services South Main Street (E. Vickery Boulevard to W. Magnolia Street) April 8, 2013 / Page 6 ADDITIONAL SERVICES Inot included in proposal The following is a list of some, but not necessarily all, of -the services that can be useful or required for a project of this type. The listed services have not been included 'in this proposal. Dunaway can provide or sub -consult many of these services if desired by the Client, If the Client determines any of these services is desired, Dunaway can either amend this proposal to incorporate the desired service or services or recommend other actibris, to cover the needs as expressed Construction Administration. 2. Traffic Signal Design for the intersections of Rosedale/S. Main and Magnolia/S. Main, 3. Coordination Meetings and other communication with stakeholder(s) along South Main relative to specific Water Department design requlrements. 4, Structural design of retaining walls. 5. Design of franchise utilities (gas, electric, telephone and cable TV) will be co * nduQted by the franchise utility companies. Usually, each franchise utility company will provide its own design. If desired, Dunaway will show the conduit for each of these on bur drawings provided that the size, number and material for each conduit is provided to Dunaway by the utility company. 6. Construction Staking — This service can be provided, if requested, and will be authorized under a separate proposal or included in this one at the Clients option. 7. Surveying services such as boundary surveys and as -built surveys and easements by separate instrument are not included unless specifically mentioned in the scope of work. 8. Design of off -site public utility extensions Is not included unlessspecifically listed in the proposed scope of work. 9. Design of off -site paving improvements is. not 'included unless specifically listed in the proposed scope of work. 10: Soil Investigation / Laboratory Testing — Dunaway recommends that the Client retain an independent laboratory for use in any testing required during the design phase, 1,e., for density approval in the street.rights-of-way, and for any site excavation and embankment that might be required for this project. 1. Construction inspection services are not included. Dunaway does not provide -construction inspection services. Normally, we recommend that the Client retain a geotechnical engineering consultant to provide construction inspection services for private improvements. Submattad Nbp0SdWWU17.W3-50u1h Main SL-Pr0po3a1-2013-14ftd= 66060110YAVVOWS U0,400, &'ftl WON Wx 74107,V TO $174nl 121,0 FAU 817.33034,N 4 Proposal for Professional Civil Engineering and Land Surveying Services South Main Street (E. Vickery Boulevard to W. Magnolia Street) April 8, 2013 / Page 7 If this proposal meets with your approval, please sign below and return one copy to our office as our notice to proceed. We appreciate the opportunity to assist you with this project and look forward to its success, Respectfully submitted, DUNAWAY ASSOCIATES, L.P., a Texas limit partnership J,001on Williamson, P.E., LEED`AP BD+C inci al T Galbreath, ASLA, PLA Executive Vice President Attachments JAWlml b Aqreed & Accepted FORT WORTH SOUTH, INC. By: Name: rAu ! • �141NE Title: �c Qom. c d SdrJ �- Date: 0-V40dWb0r1l000400WKM 171Cartapada c*=31Fnd Su1Mn41ed Prapo AN-M Ci417 003-Sadh Man SI-Proposal^2013 0408,doc 550 Bailey Aveclue, SLA* 4 R,'1 W)O L leeos W ro 4 iw &1 X.-3 .1 121 & Fax: e I 1 335, 7431 a dur""youtat iol"I cin1 Aft STANDARD TERMS CONDITIONS Page I of 2 These Standard Terms & Conditions are attached to and fully Incorpgrated into the Base Contract. The Base Contract, together with these Standard Terme and Conditions, is s'ometirr'aes calted this "Agreement" herein. Basis of Compensation. Professional Services shall be billed monthly and based upon either a percent complete for lump sum tasks or Dunaway Associates, LP.s Standard Hourly Bill Rate Schedule. This Schedule is updated annually in January; 2013 STANDARD HOURLY BILL RATE SCHEDULE SJjA F TYPP HOURLY HILL RATE A m nistra es ............ ..................... $71.00 - $88.00 Cadd Technician_ ........ <................. . $79.00 - $86.00 Department Directors.......,... .................. $165.00 - $235 00 Graduate Engineer...... ......... __ ..... ".-.$99.00 - $105.00 Design Technician ........,................:..... $moo - $160.00 Environmental Scientist .........................$85.00 - $130.00 Expert Witness f Special Consultant ._:... $250.0.0 - $300.00 Field -Sopervisor..................................... $100.00 - $t%00 Financial ....... :............... ............. ........... $95.00 - $170.00 Information Systems.........,..................... $80.00 - $160.00 Instrument Operator ...... ............... ....... $447.00 Intern.. ............... ,..<...,,............... ...... $68.00 Lend Planner..............,. $125.06 - $150.Qt1 Landscape- Architect,..... $126.00-$160.00 Landscape.Planner,.,..... $94,00 - $104.00 Marketing/Business Development......,... $71.00 - $115.00 Principal ................................................. $165.00 - $235.00 Production Manger ....................... ..:..: $100.00 - $120.00 Project Engineer.............. ...................... S114.00 - 456.00 Project Surveyor .................................... $i 05.00 - $145.00 Project Manager.........................4.......... $120.00 - $16.0.00 Rodman, ..................... :....... $40.00 Survey Manager,......,. ........... ...... $120.00 . $150.00 Survey Party Chief ................................. $114:00 Survey Technician ...:.........................._ $80.00 - $94,00 Traff efftansportatfon Engineer ....... .......$99.0p- $1556,00 11. Limitation of Liability. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability in `the aggregate of Dunaway Associates, L.P. and Dunaway Associates. L.P.'s officers, directors, partners, employees, agents and Dunaway Associates, L.P,'s Suboonsuitants, and any of them, to Client and anyone claiming by, through or under Client, for any and ail claims, losses, pasts, war damages whatsoever arising out of, resufting from. or in any way related to the Project or this Agreement from any cause or causes, Including but not,ilmited to the negitgenco,' professional errors or omissions, strict liability or breach of contract, or warranty express or &applied of Dunaway Associates, LP. or Dunaway Associates, L.R i officers, directors, partners, employees, agents or Dunaway Associates, L.P: s $ubconsuitants or any of them, shall not exceed the total compensation repelved by Dunaway Associates, LP. under this Agreement. Ill. No Consequential Damages. Notwithstanding any other provision of this_ Agreement, neither party shall -be liable to the other for any consequential damages incurred due to the fauft of the other party, regardless of the nature of this fault or whether it was comnilted by the Client or Dunaway Associates, L.P., their employees, agents, or subconsullants. Consequential damages include, but are not Grafted to, loss of use and loss of profit. IV. No Duties` to Third Parties. The services to be performed by Dunaway Associates, LP; under this .Agreement are Intended solefy for the benefit of the Client, Nothing contained herein shall confer any rights upon drereate any duties on the part of Dunaway -Associates, L.P. toward any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers: employees, insurers, orsureties of any of them. V. Claims Limited to Insurance Coverage. The Client and Dunaway Associates, L.P. waive aft rights for damages, each against the other and against the contractors, subconsuitants, agents and employees of the other, but only to the eixtentcovered by property Insurance during or after coristrudion, imc ept such rights as they, may' have to the pror.eeds of such insurance. the Client and Dunaway Associates, L.P. each shall require similar waivers from thelrcontractors, subconsuttants, and agents. VI. General Contractor Duties and Responsibilities. Neither the pro%ssionat activities of Dunaway Associates, L.P., nor the presence of Dunaway Associates, L.P. or his or her employees and subcor sultants at a construction site, shall relieve the General Contractor and any other entity of their obligations. duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract doWments and any health or safety precautions required by any regulatory agencies; Dunaway Assoclates, L.P. and liis or her• 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. The Client agrees that the General Contractor Is solely responsible for jobsite safety, and warrants that this intent shaft be made evident in the Clients agreement with the General Contractor,_ The Grant also agrees that the Client Dunaway Associates; L.P. and Dunaway Associates, L.P.'s Subconsulfants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy, VII. Cancellation. It is understood that this Agreement may be canceled at any time by the Client and payment shall be due based on the. method of computation In Section t only on Work performed of expenses Incurred to date of cancellation. Vill. Payments and Interest Client recognizes that prompt payment of Dunaway Associates, LP.'s Invoices is an °essential aspect of the overall consideration Dunaway Associates, L.P. requires for providing service to Client. Client agrees to pay all charges not In dispute witiiln 30 days of date of invoice. A statement of charges for services will be submitted by the fe of each month. All accounts past duce (30 days•from date of invoice shall pay interest at the rate of 18% (1.51% per month), or maximum allowable by law, whichever is lower, of the past due amount per month. 6IPMGtsctiS>rtlC1Q'J9Gt7lerir�6f71Gnrr9spandencaKlQ3{Ebel Sudnilled PrOpOWl16000411.003-South Win St-ftOP0841-20*0408,doc 650 1)ogeYA'ua rue. shine ciao 4 Fod'worin. Twoua 761A7 tell a 17. L 1121 & f 617.M.7417 riu ttr rrosxnc�icates etrn IX. Cessatlomof Services. I.f Client. for any reason, fails to pay the undisputed portion of Dunaway Associates, LP.s Invoices within 30 days of invoice date, Dunaway Associates, L.P. has the right to cease worst on the project, and Client shag waive any claim against Dunaway Associates, L.P. for cessation of services, and shall defend and indemnify Dunaway Associates, L.P. from and against any claims for Injury or loss stemming from Dunaway Associates, LP,.s cessation of serviice. Client shalt also pay Dunaway Associates, L.P. the cost associated with premature project demobilization, to the event the project is remobilized; Client shag also pay the cost of remobilization, and shag renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope ofservxx. C. For services not offered as a part of Dunaway Associates, L.P's normal services, the Client may, at his option, contract directly with the third party for such services or through Dunaway Associates, L.P. if such contracts are made through,Qurraway Associates, L.P., a service chbrge of 40K, will be added to the net amount of such contracts. XV. Certifications, Guarantees and Warranties. Dunaway Associates. L.P. shall not be required to execute any document that would result in its cerhYyng, guaranteeing or warranting the existence -of conditions whose existence Dunaway Associates, LP. cannot ascertain, Legal Action, Subject In all respects to the other provisions of this XVi. As-sfgnment. Neither party to this Agreement shag transfer, sublet Agreement, in the event legal action is necessary to enforce the or assign any rights or duties under or Interest In this Agreement, payment terns of this Agreement the prevailing party In any such including but not gmitedto monies that are due or monies thatmay action shag be entitled tacollect any judgment or settlement sums be due; without the prior written consent of the other party. due, plus reasonable ,attorneys fees, court costs arid' other Subcontracting to'subconsuitants, normally contemplated by the reasonable expenses incurred by' the prevailing party in Consultant as a ggnorally accepted business practice, shag not be connection Willi &Itch Collection action. considered an assignment for purposes of this Agreement. XI, Dispute Resctution and Termination. In tha event any bill. or portion thereof, is disputed by Client Client shall notify Dunaway Associates, L.P. within 10 days of receipt ofthe bill in questlorr and Client and Dunaway Associates, L-,P, shag work together to resolve the matter within 60 days of its being Carted to Duriaway Associates, L,P's attention. if resolution of the matter is not attained within 60 days, either party may terminate this Agreement In accordance wiff conditions Indicated in the tPurilnation of agreement clause specified In $eWon VIL XII, Mediation. In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Protect; the Client. and Dunaway Associates, L.P. agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to noribinding mediation unless the parties mutually agree otherwise, The Client and Dunaway Associates, L.P, further agree to intrude a similar mediation provision in of agreements with Independent contractors and subconsultants retained for .the Project and to require all independent contractors and subconsultants also to Include a similar mediation provision in all agreements with their subcontractors, subconsuttants, suppllers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. XIII. Surveying Regulations. Land Surveying in the State of Texas is regulated by the Texas Board of Professional Land Surveying, Building A, Suite 156, f2106Park 35 Circle, Austin, "texas 78753, telephone number (51'2) 23"281 XIV. Reimbursable Expenses. Other charges which may apply to the Clients project include. A. P i� niigg and reproduction shall be billed at standard commercial rates. B, Ali direct non -labor expense, Including bid advertising, etc., and travel and subsistence for the principals and staff as required for the' proper execution of the work, are charged at actual invoice -cost. Filing fees paid by Dunaway Associates. L,P, will be charged at cost plus 1,0%, Travel by passenger vehicles shall be at a rate commensurate with IRS regulations, XVII. Miscellaneous. A. Intellectual Pronertv. The drawings, specifications and any other work products (including but not limited to software programs and 'electronic media of any description) prepared by Dunaway Associates, L.P. for this project shall remain the property of Dunaway Associates, L,P. and Dunaway Associatesi L.P, shall retain all common law, statutory and other reserved rights, fnduding the copyright, where applicable. B Entire, Agreement ."fibs Agreement is the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and inure to the bene[ul of the parties hereto ,and their respective legal representatives, heirs, successors and assigns. Q Counternarls. This Agreement: shag be executed with one or more separate counterparts, each of winch, when so executed, shall, together, constitute and be one in the same instrument, D. Governino Law and Venue, This Agreement shalt be ov by, and construed in accordance with the substantive laws of the State of Texas and the parties hereto agree and consent that venue for all purposes shall be in Tarrant County, texas. E. Pr000sal E*qoration. The terms stated in the proposal are valid only if executed by both parties within 90 days from the date of the proposal. F. Free Public►ty. Dunaway Associates, L.P. has the right to ohotooraoh the above named project and to use the photos In the promotion of the professional practice of Dunaway Associates, L.P. through advertising, public relations, brochures. or 'other marketing' materials. Should additional photos be needed In the future, the client agrees to provide reasonable acdess'to the project. Bull WW Avenues S,rtte 403 4 Post Worth. Texbt 76107 & Tel: 817,335.1121 & : ox, 017,3357437 4tcis ernYrsv�s�aa7 1r m ATTACHMM& DESIGN SERVICES FOR SOUTIMUNSMET (I- VICKERY BOULEVARD TO W. MAGNOLIA AVENUE.) CITY OROACTNO,:T80 ATTACHMENT A DESIGN SERVICES, FOR SOUTH MAIN STREET (EAST VICKERY BOULEVARD TO WEST MAGNOLIA AVENUE) CITY PROJECT NO,: TBD The scopp set forth herein defines the work to be performed by the ENGINEER in completing the project. The DEVELOPER, ENGINEER, and the CITY have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE, The objective of this project is to improve the existing water distribution .system and connectivity along South Main Street between E. Vickery Boulevard and W. Magnolia Avenue. Also included in this scope of work are improvements to the existing sanitary sewer system to serve adjacent property owners. These improvements were identified and recommended In conjunction with the proposed Streetscape Improvements to South Main Street as currently shown on the concept construction documents (Attachment C). Approximately 5,900 linear feet of water improvements and 4,900 linear feet of sanitary sewer improvements are planned. WORK TO BE PERFORMED Base Scope Task 1. Project Management Task 2. Conceptual Design <NOT USED> Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services <NOT USED> Task 7. Right-of-way Services Task 8. Survey and Subsurface Utility Engineering Services Task 9, Plan Submittal Checklists <NOT USED> City of Fort worth, Texas Altachineht A PIVIO Release Date. 07.23,2012 Page i of 10 ATTACHMENT it OESIGN SERVICES rOR SOUTH MIN STREET (EAST VICKERY BOULEVARD TO WEST MAGNOLIA AVENUE) CITY PROJECT NOr TOD TASK 1,. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage, change, a communicate effectively, ,a coordinate internally and externally as needed, and - ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work.. 1.1. Managing the Team <OMITTED PER CITY COMMENTS 12 Communications and Reporting • Attend a pre -design project kitkoff/charteting meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Prepare invoices and submit month ' ly in the format requested by the CITY for water and sanitary sewer project elements. • 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 sha - 11 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, • Persontl6l and Vehicle Identifidation: When conducting site visits- to the project location, the ENGINEER or any of its sub-ponsultants shall carry readily visible information identifying the name of the company and the company representative, DELIVERABLES A. Monthly invoices - B. baseline design schedule TASK ?_ CONCEPTUAL DESIGN (30 PERCENT). SNOT USE©} TASK 3. PRELIMINARY DESIGN (60 PERCENT). , Preliminary plans and specifications shall be submitted to CITY ppr the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. City of Fort, Worth, Texas Atfachrmnt A PMO Rettase Date., 07.23.2012 P.000 2 of 10 ATTACHMENT A DESIGN SERVICES FOR SOUTUMAIN STREET (EASTVICXERY SOOLEVARDTO WESTIAACNOLiA AVENUE) CITY PROJECT NO.; TBD 3.1. Data Collection The ENGINEER shall visitthe 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. 3.2. Development of Preliminary Design Drawings and Specifications shall include the following- * Cover Sheet O Overall orolect lavout sheet(s) with prdperty owner information. • Overall oroiecf water and/or sanitary sewer lavout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main irnprovementlexisting sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. ® Coordinates on all P.C,'s, P.T.'s, P.I.`s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Behch marks per -1,000 ft of plan/profile sheet two or more. * gearin s iveh on all proposed centerlines, or baselines. • Station eauations relating utilities to paving, when appropriate. Plan and profile sheets which show the following; proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and teeter boxes, gate valves, isolation valves, manholes, existing meter numbers and sixes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block. Nos., and Addition Names) along with property ownership shall be provided on the plan view. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service litres within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing maim and connect said service lines to the relocated main. The ENGINEER will prepare standard ,and special detail sheets for water line installation and sewer rehabilitation or replacement utilizing City standard details, templates, and specifications. These may included connection details between 'various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. City of Fort VVotff , Texas Attachment•A PMO ReWse Date. 07.23.2012 Page 9 of iO ATTACHMENT A DESIGN SERVICES FOR SOUTH MAIN STREET .(EAST VICXERY BOULEVARD TO WEST MAGNOLIA AVENUE) CITY PROJECT NO.., TBD 3,3, Constructability Review <OMITTED PER CITY COMMENTS> 3.4. Utility Clearance * The ENGINEER will consult -With the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, PIFIVat9 utilities, private utilities and government agencles'to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. * The ENGINEER shall upload individual DWF files for each,plan sheet of the approved preliminary plan set to the designated piqj'ect folder in Buzzsaw for forwarding to all utilit:y companies which have facilities s within -the limits of the pr6ject. The DWF files should be created directly from the CAD files as opposed to PO F Reis'. 3.5. TTbffi6 Control Plan • Develop a traffic control plan along South Main Street utilizing standard traffic reroute configurations posted as "Typicale on the CITY's Bdzzsaw website. The typicals need not be pealed individually, if Included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and'PubVic Works Department, These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • 1 public meeting will be conducted or attended during the 60% design phase. If �directed by CITY, this public meeting may be postponed to the 90% design phase, • 2 borings at an average bore depth of feet each will be provided. • Traffic Control "Typical!s"will be utilized to the extent possible. It is assumed an additional,q project specific traffic control sheets will be developed for South gain §itree . • 2 gets of 22" x 34" size plans Will be delivered for the 60 Percent Review. DEUVERABLES A. Utility Clearance drawings B. Traffic Control Plan C. Date Base listing names and addresses of residents and businesses affected by the project. City of rort Worth, Texas Attachment A NO Release Date:.07,23,2012 Page 4 -of 10 ATTACHMENT A DESIGN SERVICES FOR 'SOUTU MAIN STttEff (FAST VICKERY BOULEVARD TO WEST MAGNOLIA, AVENUE) CITY PROJECT NW TOO TASK C FINAL DESIGN CONSTRUCTION DOCUMENTS 4.1. Final Draft Construction Plans and Specifications Upon receipt, of the Utility Clearance responses, ENGINEER will prepare construction plans as follows, ENIGNEER shall submit final draft construction plans to the Infrastructure Plan Review Committee (IPRC) for review. Upon completioh of review, ENGINEER and 61TY shall meet to discuss comments. ENGINEER shall address comments and resubmit to City Project Manager for approval. The plans and specifications will b ' e signed and sealed by a Registered Professional' Engineer licensed in the State of Texas. The ENGINEER shall submit. a final design estimate of probable construction cost with the 100%,design packages, This estimatei shall usij ONLY standard CITY bid items. ASSUMPTIONS * A DVVF file will be created from design CAD drawings and will be uploaded to the project folder in Buzz -saw. 0 15 sets of 22� -x W size drawings and 6 specifications will be delivered upon final Tpproval from IPRC. DELIVERABLES A. 100% construction plans and specifications. B, Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. C. Original cover mylar for the signatures of authorized -CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Suppdrt The ENGINEER shall upload all plans and contract documents onto Buzzsaw for access to potential bidders. 0 Contract documents shall. be uploaded. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheets) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. City of Fort Worth, Texas AtlachwentA PMO Release OaL- 07,93,2012 Page 5 of 10 ATTAC104EPITA DESIGN SERVICES FOR SOUTH MAIN STREET (EAST VICKERY DOULEVAROTO WEST MAGNOLIA AVENUE) CITY PROJECT NO. -TOO Plan Sets are to be uploaded to Buzzsaw in two formats, pdf and AM files. The .pdf will consist of one file of the entire plan set. The Awf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and nd from Contractoes uploaded Plan Holder Registrations in Buzzsaw. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The .procedures shall include a log of all significant'bidders questions and requests and -the response thereto. The log shall be housed and maintained in the project's Buzzsaw folder titled Request for Information, The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda, The ENGINEER shall upload all approved addenda ohto*Buzzsaw and mail addenda to all plan holders. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers, • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the projects Bid Resuits folder on Buzzsaw, • Incorporate all addenda into the contract documents and issue conformed sets. 5,2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format 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 be created from the original CAD drawing files and shall contain. all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a Man set will not be acce0ed. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — '-W-1956_of947.pdf`1 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-0M_org3.pdf and K-0320__prg5.pdf 11. Water and Sow4r file name example — "X-36667 — org36.pdfl where "X- 35667" is the assigned file number obtained from the CITY, "—org" City of Fort Worth, -Texas Attachment A ' PMO Release Date. b7.23,2012 Page 6 of 10 ATTACHMENTA OESIGNSERVICES FOR SOUTH MAIN STREET (EAST VICXERY BOULEVARD TO WEST 41AGNOLIA AVENUE) CITY PROJECT NO.: TBD designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12765_orq18.pdf Both PDF and DWF files shall be uploaded to the projects Final Drawing folder in Buzzsaw, 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all refetehcefiles integrated into the sheet. If the plarfs Were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: 1, TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956-8HT01.dwg", "W- 1956—SH'r02.dw!jv, etc. 11. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — 'X- 12155—SHTOl.dwg", 'X-1 2755_SHT02.dwg", etc. Por information on the proper manner nner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund'codes have been assigned and are In the Department of Transportation and Public Works database. ASSUMPTIONS * The project will be bid only once and awarded to one contractor. & PDF, DWF and DWG files will be uploaded to Buzztaw. DELIVERABLES A. Addenda B, Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) City of Fort Worth, Texas Altachmept A PMO Release Date: 07.23,2012 Page 7 of 10 ATTACHMENT A DESIGN SERVICES FOR SOUTH MAIN STREET (EAST VICKERY BOULEVARD TO WEST MAGNOLIA AVENUE) CITY PROJECT NO.: TOO TASK 8. CONSTRUCTION PHASE SERVICES. <NOT USED> TASK 7. RIGHT-OF-WAY SERVICES, ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction., and guidance front the CITY's Project Manager, 7.1. Right -of -Way Research 9 The ENGINEER shall determlhe rights -of -way, easements needs for Construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY: ASSUMPTIONS Right -of -Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the startof 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. TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES ENGINEER will provide survey support as follows., 8.1. Design Survey ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. information gathered during the -surrey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rimlinvert elevations, 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: surreys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum surrey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: — The following information about each Control Point, a. Identified (Existing. CITY Monument #8901, PK Nail, 518" Iron Rod) b. X. Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side City of Fort WorIk Texas AttachmentA PMQ Release Cate. 07.212012 Page 6of10 ATTACHMENTA DIFSIGN SERVICES FOR SOUTH MAIN STREET (EAST VICKERY ROULEVAR.0 TO WEST MAGNOLIA AVENUE) CITY PROJECT NO� T13D Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, Pil.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. ASSUMPTIONS * Topographic, survey at intersection will include no morn than 100 ft. in each direction. DELIVERABLES A. Copies offield survey data and notes signed and sealed by a licensed surveyor. B. DravVing ofthe project layout with dimensions and coordihat6 list. TASK S. PLAN SUBMITTAL CHECKLISTS <NOT USED> Additional Services not Included in the existing Sco0e of Services — The DEVELOPER., ENGINEER, and CITY agrees that the following services are beyond the Scope of Services described in the tasks above. These additional services may be requested by the DEVELOPER/CITY through subsequent amendments* 1. Construction Phase public meleting(s) 2. Negotiation of easements or property acquisition including temporary right -of -entries. 3. Right -of -Way and Temporary Right of Entry Preparation 4. Environmental Services S. Floodplain Services 6, Services related to development of the DEVELOPER / CITY's project financing and/or budget, 7. Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. 8. Construction management and inspection services 9. Periodic site visits during construction phase 10. Performance of materials testing or specialty testing services. City of F6rt WOh '. Texis Attachment A PMO Releae Date 07,2i2012 Pap 9 of io ATTACHMENTA DESIGN SERVICES FOR SOUT)i MAIN MEET (EAST VICKERY BOULEVARD TO WEST MAGNOLIA AVENUE) CITY PROJECT NO.: TOO 11. Services necessary due to the default of the Contractor. 12. Services related to damages caused by fire, flood, earthquake or other acts of God. 13. Services related to warranty claims, enforcement and inspection after final compfetion, 14. Services related to submitting for permits (ja.TxD0T, railroad, etc...) 15. SerVices related to Subsurface Utility Engineering Levels A, 8, C or D 16. Services related to Survey Construction Staking 17. Services to support, prepare, document, bring, defend, or assist In litigation undertaken or defended by the CITY. 18. Construction Shop drawing review, samples and other submittals submitted by the contractor. 1.9. RecoM Drawirfgs 20,. As-bUilt Survey City of Fort Worth, Texas Attachitent A PMO ReWase Date: 07.212012 Page 10 of 10 ATTACHMENT B Level of Effort S'llmmarp TASKMOUR BREAKDOWN Design Servic*s for SOUTH MAIN STREET" (EAST VICKERY BOULEVARD TO WEST MA43NOLIA AVENUE) Water Dopartrt nt Base Scope - REV1' taeor ouasl Task msedvftn PM** F *_ Fm4w = Cren CA'4j'+ Survey sordor LA"nPe. CAD Tatat t.asor TArtsit Ea�pAnu TasaSNu Eaimuor t4aeggw � tS Grew) Tas:Aw4044 ROLSa ik IUrehAaR Xssitnicizn Atl" ADv Cost T€�ml acproaucttt" Casa Tssle 3uD%axA- Ritd s2td $120 Ills, $19i stdi -43C It" 3166 sit US tJ �[ojcd idin79ARient -�>'SZ .>d sac F >, ^ 0� r*. �0 . 0 .. ' i0 `c Stec ` iT iheTcam A 6 i2 dmu md(l�SresoKa/'d 2s 3A 1@ .Et 3I,34d4 So 52 31Ir so � 53A4@- r'"e ;. 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N L r77-11 tA z DSVDAWSr, tkvm:> -, UPON I IN h, yt fu I i III 101 till T� m"I I I MATCHLINE - SEE 41, OL eA :ET 5 lkP(3.99DAU bIr. 1- I-A W MACHOLIA AVIL I JWAVAJ J4 tApxm gaff, lip N$ Ruil i 1 144 111.5 Official site of the city of Fort Worth, Texas ITY COUNCIL'AGENDA COUNCIL ACTION: Approved on 4/23/2013 DATE: 4/23/2013 REFERENCE NO.: **C-26214 LOG NAME: 60S MAIN ST VICKERY TO MAGNOLIA CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Design Procurement Agreement with Fort Worth South, Inc., in the Amount Not to Exceed $160,000.00 for Engineering Design of the Water and Sewer Components of the South Main Street Reconstruction Project Within the South Main Street Right -of -Way from Vickery Boulevard to Magnolia Avenue (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a design procurement Agreement with Fort Worth South, Inc., in the amount not to exceed $160,000.00 for engineering services to design the water and sewer infrastructure components of the South Main Street Reconstruction Project within the South Main Street right-of-way from Vickery Boulevard to Magnolia Avenue. DISCUSSION: The Planning and Development, Water and Transportation and Public Works Departments have been working closely with Fort Worth South, Inc., Tarrant County, the North Central Texas Council of Governments (NCTCOG) and TXDOT to facilitate a complete reconstruction of South Main Street between Vickery Boulevard and Magnolia Avenue. By working collaboratively and combining resources from the City, Tax Increment Reinvestment Zone (TIF) No. 4, Tarrant County, the Texas Department of Transportation, and the North Central Texas Council of Governments (NCTCOG), the South Main Street Reconstruction Project will create a pedestrian and transit -oriented street that promotes revitalization and economic development within the South Main Urban Village. Fort Worth South, Inc., engaged Dunaway Associates, Inc. (Dunaway) to develop a concept plan for South Main Street, which has been the basis for coordination between the project partners on the scope of work for the South Main Street Reconstruction Project. Fort Worth South, Inc., proposes to use a portion of the TIF No. 4 funds to extend its contract with Dunaway to complete the engineering design of the street reconstruction project. As a component of the South Main Street design effort, and on behalf of the City, Fort Worth South will contract for design of the water and sewer infrastructure associated with the project. The City's Water Department will pay for the water and sewer infrastructure design through this Design Procurement Agreement with Fort Worth South, Inc., as part of its contribution to the project. The execution of the Design Procurement Agreement will allow the engineering design of water and sewer infrastructure to be completed as a component of the South Main Street Reconstruction Project design, and is expected to ensure proper coordination with the street, storm drain, and pedestrian elements of the project. TIF No. 4 will be responsible for the design costs associated with the street, storm drain, and pedestrian facility improvements, estimated at $487,210.00. The Water Department will be responsible for the design costs of the water and sewer improvements, estimated at $160,000.00. The total of the Water Department's contribution under the Design Procurement Agreement will be an amount not to exceed $160,000.00. It is anticipated that the City and Fort Worth South, Inc., will enter into a subsequent Agreement for construction of this project later this year. It_ - -- __ _i-i-_ ____:___. n 1'2ni')nl'2 - —C)— — „- The street reconstruction project includes roadway, storm drainage, streetscape, and water and sewer infrastructure improvements within the South Main Street right-of-way from Vickery Boulevard to Magnolia Avenue. The full reconstruction is made possible by combining $3,000,000.00 in NCTCOG Sustainable Development Program grant funds, $2,750,000.00 in TIF No. 4 funds, $1,905,000.00 in Water Department funds, and $740,000.00 in Tarrant County funds. The Infrastructure and Transportation Committee (ITC) was briefed on the project scope, schedule and budget in February by Staff and Fort Worth South, Inc. The ITC supported moving forward with this project. This project is located in COUNCIL DISTRICTS 8 and 9, Mapsco 77E and 77J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS South Main St Vickery to Maanolia.Ddf FROM Fund/Account/Centers P265 531200 608140211330 $108.800.00 P275 531200 708130211330 $51.200.00 Fernando Costa (6122) S. Frank Crumb (8207) Wendy Chi-Babulal (8242) }itfr -//QT%"o nfevnat nrrt/nnnnniI avine:, oor Wn-1 Al +--A /1a/,) M2 n /2011M 2